The URL can be used to link to this page

Item C05M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I 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.5 Agenda Item Summary #3113 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 Florida Fence Corp. for replacement of the fence around and under the Monroe County Sheriffs Office (MCSO) Stock Island Jail. The contract is in the amount of $197,250.00. The project is funded by the One Cent infrastructure Sales Tax. ITEM BACKGROUND: The fence under and around the MCSO Stock Island Detention Center secures officer parking and the animal farm. The fence is in poor condition and needs to be replaced. The BOCC approved funding for the fence replacement and for advertisement of an RFP for the work. On June 28, 2017, the County purchasing office opened sealed bids for the fence replacement work. The lowest responsible responsive bidder is Florida Fence Corp. PREVIOUS RELEVANT BOCC ACTION: 9/11/16 - BOCC approved funding for the project and advertisement of an RFP for the work. CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval. DOCUMENTATION: Florida Fence Corp. Proposal for MCSO Fence Replacement Florida Fence Corp. Insurance and Corp. Documents MCSO Fence Replacement BID TAB SHEET MCSO Fence Replacement project proposals EXECUTED AND NOTARIZED Florida Fence Corp. Contract MCSO Fence Replacement Agreement FINANCIAL IMPACT: Effective Date: 7 -19 -17 Expiration Date: 11 -20 -17 Total Dollar Value of Contract: $197,250.00 Total Cost to County: $197,250.00 Current Year Portion: 197,250.00 Budgeted: yes Source of Funds: 304 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: No Revenue Producing: No Grant: No County Match: No Insurance Required: Yes Additional Details: If yes, amount: Construction contract for $197,250.00 to be spent between September and November 2017. 07/19/17 304 -24000 - GEN GOVT CAP PROJECTS CG1706 $197,250.00 REVIEWED BY: Ann Mytnik Completed 06/30/2017 10:37 AM Cary Knight Completed 06/30/2017 3:00 PM Chris Ambrosio Completed 06/30/2017 4:32 PM Kevin Wilson Completed 06/30/2017 6:33 PM Budget and Finance Completed 07/03/2017 10:57 AM Maria Slavik Completed 07/03/2017 11:16 AM Kathy Peters Completed 07/03/2017 1:17 PM Board of County Commissioners Pending 07/19/2017 9:00 AM MCSO Fence Replacement SECTION 00120 PROPOSAL FORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 24 2. Bid Bond (Proposal Security) 27 3. Non - Collusion Affidavit 28 4. Lobbying and Conflict of Interest Clause 29 5. Drug -Free Workplace Form 30 6. Local Preference Form 31 7. Public Entity Crime Statement 32 8. Subcontractor Listing Form 33 9. Insurance Requirements and Checklist 34 -38 10. Workers Compensation and Employers' Liability 36 11. General Liability 37 12. Vehicle Liability 38 13. Proposer's Insurance and Indemnification Statement 39 -40 14. Insurance Agent's Statements 41 15. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED 0 ?( i c - . �' '" L' c 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. B. A list of the officers and directors of the entity. PROPOSAL FORM 00120- Page 21 of 212 �a E �a a� a� LL 0 U) c� 0 7R �a 0 a 0 CL 0 ca as as LL cu 0 LL a� E MCSO Fence Replacement 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). D. The number of years the person or entity has operated under its present name and any prior names. E. Answers to the following questions regarding 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 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 ;K 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 ❑ NO 0 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 PROPOSAL FORM 00120- Page 22 of 212 MCSO Fence Replacement provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES [:]NO 0 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.) 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. 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_" on e (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 23 of 212 MCSO Fence Replacement SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 9100 SIMONTON STREET ROOM 2 -213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: F I ov i 8a F4cLn Le, Co'l o - eN: i O' VA 7G'3''U The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MCSO FENCE REPLACEMENT 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 Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. C _ne VAUV 8recl V1 nEf x (Total Base Proposal- words) aCr ` t`'1 de-kAldrc'OD011ars. $ 1 C14 / 0 0� () C — (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 24 of 212 MCSO Fence Replacement I acknowledge Alternates as follows: Alternate #1: Install 150 feet of fencing fabric for 8 foot tall fence. 5!2N-e_o hurl rl d riecd w .P,. f - f and - 00 1100 (Cost in Words) { - 7.6O� 0 Q ) Dollars Unit prices, if any, are as follows . 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) C 1 e K 3. Non - Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form S. 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) 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 PROPOSAL FORM 00120- Page 25 of 2-12 �a E �a a� as LL 0 U) c� 0 7R 0 a 0 CL 0 ca a� as LL cu 0 LL a� E MCSO Fence Replacement 15. Current Monroe County Occupational License Business 3 Name: Flo Ida F - c - loci Business EIN# 41 ED 0 _ 5 8 2 7 DBA: N /1* Business Mailing Address: Address: ( 0, 60'x - - 7 City, s City,S #a #e _ State, Zip ' �G�� ;;n i s FL- � 60 - 76 ) Zip - f - c w e f n 't -e r, - �3 °3 U 7 Local Phone: 'A ' .0 c r r £ � � 5 ,;� °- 0.3 2 (� Phone: 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: 0 17 Signed: Printed: T 6.0 ► td <3 '-) Title: f3` i FLOrI& Fcn- •t? CorRX - a-tilon Witness: PROPOSAL. FORM 00120- Page 26 of 212 MCSO Fence Replacement BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we �= `�; � )� �; �� C, -� S (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and lv /A - c- C 4Ie—ck (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of h 1 4 ic.(Ca Surety, hereinafter called the Surety, are held and firmly bound unto ARotA'70�- C'cc-,A -y t3OCC- (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the 8bligee, in the sum' of hct;a' ollars for the payment of which sum well and truly to be made, the said Princi al and the said Surety, d ) bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for s Par FL 3-309-+0 (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. A. (W ss) (Principal) (Sea[) � s (Title) � ,,��,✓�✓ (Surety) (Seal) �L-��1 (Witness) � �• • ��_ ._..._ . _,._.__._� (Title) PROPOSAL FORM 00120- Page 27 of 212 MCS4 Fence Replacement SECTION 00120 NON - COLLUSION AFFIDAVIT 1 Cam- God -' cn of the city �t�`�f� according to law on my oath, and under penalty of perjury, depose and say that: 1. I am - Vre:3)►e_teti V of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for: M 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 know dge of said project. (Signature of Proposer) (Date) STATE OF: F 1cr ctJ1 a COUNTY OF: mc' n ro e- PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signatur he space provided above. on this day of `J U` A 1�_' My commission expires: / ;)-.O�Lg ARY PUBt IC Y Notary Pubk State of Florida My Commiswn GG 045048 ar ti Expire% 1110612020 PROPOSAL FORM 00120- Page 28 of 212 �a E �a LL 0 U) c� 0 7R 0 a 0 iL 0 ca a� as LL cu 0 LL E MCSO Fence Replacement LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) 1. warrants that he/it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0101990. 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 ". STATE OF: F1uriJa (Signature) Date:' f '7 COUNTY OF: Monro Subscribed and sworn to (or affirmed) before me on J L k 0 ( L '�` � r �' I 1_(date) by (name of affiant). He /She is personally known to me or has produced #�i` `c . c 1 �� as NOT My commission expires: i! i (Type oq identification) PU BL1 C * Notary Pubk Stitt of FWKs #Ay COmmis M GG G4W" or op Expires l ll0W020 PROPOSAL FORM 00120- Page 29 of 212 MCSO Fence Replacement DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (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 amuse 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. Proposer's Signature G� 1 - 7 Date PROPOSAL FORM 00120- Page 30 of 212 MCSO Fence Replacement 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 C 10 f' i C(( j j C C ; t� `, W 'i o €n Date: go P 7 1. Does the vendor have a valid receipt for the business tax paid to the Monroe Co my Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals. (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County ?. (The physical business address must be 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: I '�'t [: i Ca 1 �`1i.t�, G.�l e?. r11 _t` F L_ 3 C - f 0 Telephone Number: o` i Ce 3G � + y - -:-w � ` �.1 i ; � (Y °, q ' B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, servic s or construction to local businesses meeting the criteria above as to licensing and location? n 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: r . (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 F 1 Q f 1 C 6 On thi day of -J � '�- personally appeared : - subscribed above or who produced he/she is the person who executed the above My commission expires: I4 ;2-� Print Name A , {� Tel.Number Print Name: T Go + j c yi COUNTY OF I�0lrl" O 20 , before me, known t identi as Pref ce Fgrm fore the undersigned notary public, be the person whose name is 6tion, and acknowledged that ye purposes therein contained. Notary Public state of Florid; Luis A Diaz i, My Gommftlan GG 04SMS 4•a Expires 11106/2020 PROPOSAL FORM 00120- Page 31 of 212 w as 0 as U k M � M o' um f ee i as 0 MCSO Fence Replacement 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 _F I Oi i A (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty -six (36) months. (Signature) Date STATE OF: J LC 1 ck a COUNTY OF: NAC r6 e Subscribed and sworn to (or affirmed) before me on the " of 13 20 , by (name of affiant). 6�/She is personally known to me or has produced O' L, '-RD -4 1 Kv -t0 (type of identification) as identification. Ir Ld "7 c ;4C. Y EE tsofFlorida GG fl45M PUBLIC 20 PROPOSAL F ORM 00120- Page 32 of 212 MCSO Fence Replacement SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # wlarea code Fax: Cell: /address / - A- PROPOSAL FORM 00120- Page 33 of 212 MCSO Fence Replacement SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES 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 00'130- Page 34 of 212 MCSO Fence Replacement 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 35 of 212 MCSO Fence Replacement WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: MCSO FENCE REPLACEMENT BETWEEN MONROE COUNTY, FLORIDA AND �Cai �L 1 -- e Ce— (2 CoC VC , 1 - C Il L 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 36 of 212 MCSO Fence Replacement GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: MCSO FENCE REPLACEMENT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability 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 37 of 212 MCSO Fence Replacement VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR MCSO Fence Replacement BETWEEN MONROE COUNTY, FLORIDA AND Flt ( 3 �c- Fe- ie.e? €.fb�Q cJ��1C�i? --L� 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 38 of 212 MCS4 Fence Replacement PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers 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 General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability $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. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 212 MCSO Fence Replacement 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. 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. 1 fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER -..k4 � Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 212 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 WV Liability policies are Occurrence Insurance Agency Claims Made Sign ur End of Section 00920 INSURANCE REQUIREMENTS AND FORMS 00 930- Page 41 of 212 MCSO Fence Replacement INSURANCE AGENTS STATEMENT have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES %26) 11() 41,°'co ' Liability policies are / Occurrence Claims Made lz Insurance Agency Signatur End of Section 00120 INSURANCE RECUIREMENTS AND FORMS 00130- Page 41 of 212 MCSO Fence Replacement INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY Liability policies are Occurrence Insurance Agency DEDUCTIBLES A Z 411 -f- Claims Made Signature End of Section 00 120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 212 E LL 0 U) 0 W- 7 R U) 0 a 0 ca as as LL cu .2 LL as E INFORMATION REQUIRED TO BE PROVIDED (From Pages 21 — 23 of Section 00120) 1.A. Entity Shareholders: Ted Gordon — 50% Gail Gordon — 50% I.B. List of OfficerslDirectors: Ted Gordon, PresidentlDirector Gail Gordon, Vice- President/Director Luis Diaz, Secretary 1.C. See Below 1.D. Florida Fence Corporation started in 1996, and has always operated under this name. There are not any prior names. Florida Fence Corporation — Relevant Experience Ted Gordon — President/CEO, and Owner of Florida Fence Corporation for the past 22 years; since the business started in 1996; and located in Tavernier, FL. This business has completed projects as the prime contractor for the Federal Government, State of Florida, Monroe County, Monroe County School Board, area Utility Companies, all of the local municipalities, and most of the major contractors in The Keys. Ted holds a Certified General Contractor license with The State of Florida-DBPR. Luis Diaz — General Manager of Florida Fence Corporation, has been with the business since nearly the time it started. Prior to that, he worked for another local fence contractor and has over 25 years' experience in this field of work. He handles all of the day to day onsite operations, materials ordering, and project scheduling. Luis is an OSHA certified as an onsite Safety Officer. He is the front -line supervisor for all production and skilled labor, and lead all Projects. Gail Gordon — Office Manager of Florida Fence Corporation; has worked with the company since it began. She is responsible for overseeing all administrative functions; is company liaison between customers /contractors to fulfill any requests for compliance or regulatory needs, as well as making sure that the company's products meet or exceed the clients' or customers' expectations. 1. E.f. See attached 1.E.g. See envelope marked= "CONFIDENTIAL" RICK SCOTT. GOVERNOR KEN LAWSON, SFCR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 GORDON, THEODORE W FLORIDA FENCE CORP 161 GEORGIAAVENUE TAVERNIER FL 33070 0 1 r r ISSUED: 08104!2016 DISPLAY AS REQUIRED BY LAW SEQ # L1 60804000 1 325 q5 LL M LL 0 L) cu 0 0 CL CL Credit References -- Florida Fence Corporation Forest TEK Lumber Attn Mike Rundgren 88521 Overseas Highway Tavernier, FL 33070 Phone: (305) 852 -5017 Overseas Lumber Supply Attn: Allen Wood 30251 Overseas Highway Big Pine, FL 33043 Phone: (305) 292 -4436 Stevens Pipe & Steel, LLC Attn: Pete Ninesling 525 Distribution Drive Melbourne, FL 32904 Phone: (321) 728 -2932 PVC Fence Wholesale Attn: Ricky Quintero 1320 Stirling Road, Suite: 5A Dania Beach, FL 33004 Phone: (954) 933 -5280 Fence City Wholesale & Export Attn: Addy Leon 7971 NW 56th Street Doral, FL 33166 Phone (305) 463 -9001 Amazon II, Inc. Attn: Jorge Delgado 1237 NW 93rd Court Miami, FL 33172 Phone: (786) 621 -8006 Winrise Enterprises Attn: Peng Zhao 8717 NW 11 7th Street, #2 Hialeah, FL 33018 Phone: (754) 800 -4098 Customer References — Florida Fence Corporation Monroe County School Board Attn Jeff Barrow, Director of Maintenance 241 Trumbo Road Key West, FL 33040 Phone: (305) 853 -1930 Monroe County Public Works — Lower Keys Attn: William DeSantis, Administrator, Buildings, Parks & Beaches 1100 Simonton Street Key West, FL 33040 Phone: (305) 292 -4436 Monroe County Public Works — Upper Keys Attn: Robert Glassmer, Administrator, Buildings, Parks & Beaches 300 Magnolia Street Key Largo, FL 33037 Phone: (305) 451 -1746 U.S. Naval Research Laboratory Attn Matt Krupa Naval Air Station Key West Trumbo Point Annex Bldg. F -14 Key West, FL 33040 Phone: (305) 293 -4219 U_S Coast Guard Station Marathon Attn: Chief Petty Officer Brandon Joy 1800 Overseas Highway Marathon, FL 33050 -2199 Phone (305) 743 -1945 Native Construction Contracting, Inc. Attn: Brett Ekblom 100 Wrenn Street Tavernier, FL 33070 Phone: (305) 852 -3116 D'Asign Source, Inc. Attn: Nick D'Ascanio 11500 Overseas Highway Marathon, FL 33050 Phone: (305) 743 -7130 2017 details - Business Tax Account FLORIDA FENCE CORP - TaxSys - Monroe Count... Page I of 2 017 Details --- B usiness Tax Account FL FENCE CORP Business Tax Account #64572 Account details Account history J 2 017 2016 2015 2014 ... 2005 Paid Paid Paid Paid Paid Account number: 64572 Business start date: 09/20/1994 Physical business location: MONROE COUNTY Business address: FLORIDA FENCE CORP 161 GEORGIA AVE TAVERNIER, FL 33070 Mailing address: FLORIDA FFNCF CORP PO BOX 227 TAVERNIER, FL 33070 Owners) GORDON TED AND GAIL PO BOX 227 TAVERNIER, FL 33070 Receipts And Occupations Receipt 34140 -64572 E: Print Business Tax Receipt CONTRACTOR 10/01101011201"9/3012017 Units: l Return to Search CONTRACTOR O 1997 -2016, Grant Street Group. All rights reserved. Help _ Contact us - Terms of service - Tax Collector home a� LL Q1 LL 0 L) cu 0 M 0 CL tL QJ E 0 �a QJ 49 QJ UL 0 U) IDN E 0 � 0 a https: / /www.monroe.county- taxes. com /publ is /business _ tax /accounts /64572 2017 details - Business Tax Account FLORIDA FENCE CORP - TaxSys - Monroe Count... Page 2 of C b ' ° C,lt "1 S Et f (" -o ff Packet Pg. 129 https: / /www.monroe. county-taxes.com /public /bus iness_tax/accounts /545 72 j 1 2016 / 2017 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2017 Business Name: FLORIDA FENCE CORP RECEIPT# 30140 -64572 Owner Name: GORDON TED AND GAIL Mailing Address: PO BOX 227 TAVERNIER,FL 33070 COMP CARD: SP 1906 SP 2096 161 GEORGIA AVE Business Location: TAVERNIER, FL 33070 Business Phone: 305- 852 -4324 Business Type: CONTRACTOR (FENCING LANDSCAPING & GENERAL CONTRACTOR) Employees 1 STATE LICENSE:CGC1518122 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 1 0.00 0.04 0.00 20.00 Paid 103 -15- 00007344 09/29/2016 20.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2017 Business Name: FLORIDA FENCE CORP RECEIPT# 30140 -64572 161 GEORGIA AVE Business Location: TAVERNIER, FL 33070 Owner Name: GORDON TED AND GAIL Mailing Address: Business Phone: 305- 852 -4324 PO BOX 227 Business Type: CONTRACTOR (FENCING LANDSCAPING & TAVERNIER, FL 33070 GENERAL CONTRACTOR) Employees 1 COMP CARD: SP 1906 SP 2096 STATE LICENSE: CGC1518122 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 1 0.00 0.00 1 0.00 j 20.00 Paid 103 -15- 00007344 09/29/2016 20.00 CERTIFICATE OF LIABILITY INSURANCE Date 6/26/2017 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938 -5562 Insured South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N, Holiday, FL 34691 Insurer A: Lion Insurance Company 12075 Insurer B: Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to al€ the terms, exclusions, and conditions of such policies_ Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MMIDDIYY) (MMlQD1YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Claims Made ❑ Occur Damage to rented premises (FA occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy 11 Project ❑ LOC Products - Complep Agg A UTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Par Person} Scheduled Autos Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01!0112017 0110112018 x I vvc Stet.- OTN- Employers' Liability to Limits ER E.L. Each Accident 77700 Any prophetodpartnerlexecutive off icerlmembef E.L. Disease - Ea Employee $1,900,000 excluded? NO If Yes, describe under special provisions below. E.L. Disease- Policy Limns 51,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMR # 12616 Descriptions of Operations !Locations /Vehicles /Exclusions added by EndorsementlSpecial Provisions: Client ID: 84 -67 -118 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the Following "Client Company": Florida Fence Corp. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s;, while working in: FL. Coverage does not apply to statutory employees) or independent contraetor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: MCSO FENCE REPLACEMENT ISSUE 06 -26 -17 (KR) Benin Date 523 2012 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing BOARD OF COUNTY COMMISSIONERS insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 1100 SIMONTON STREET KEY WEST, FL 33040 as LL M tt- 0 0 Cc O 0 CL CL da C8 768 Q8 48 Q8 U- 0 U) itJ 768 E 0 0 0 a O Ca BtS d8 L8 tta CL O C� q8 48 q8 no O q8 E 0 no ACCOREW CERTIFICATE OF LIABILITY INSURANCE 7 6 TF 26 (MMMDNYM /201 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. N the certificate holder Is an ADDITIONAL. INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRCDUCER jGyE Linda Regan Keys Insurance services PHONE (305}453 -1445 N 13051453 -1438 IAJC P.O. Box 370541 ee.lreaa kevsinsurance.com INSURED Florida Fence Corp PO Box 227 FL 33037 Tavernier FL 33070 1 INSURERF COVERAGES CERTIFICATE NUMSER!2017 -2018 RFVIAI(NIt MIIMRFR! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE DUCED BY PAI CLAIMS. _ LM TYPE OF iNSURARCE L UeR POLL II UMBE POLICY EFF POLICY EXP U _ X I COMMERCIAL GENERAL LLABRITY E EACH OCCURRENCE Is 1,0005; x 3AAl29110 4/1/2017 4/1/2016 M MED F p ,} S s PERSONAL& ADV INJURY S 1 GFrTL AGGREGATE LIMIT APPLIES MR: G GENERAL AGGREGATF S 2,000.00 OTHER: W aiw o of Submption g — AUTOMOBILE L LIABILITY M MBINED SINGLE LIMB I S S BODILY INJURY (Per person} g g - -- ANY AUTO B ALL OWNED SCHEDULED AUTOS BOD4,YIWURY (Per aa;Wernf S S PROPERTY DAMAGE S S S I S UMBRELLA LIAR O OCCUR I I E EACH OCCURRENCE I AGGREGATE - y $ - EXCESS LIAB C C AIMS I J E -- _ - -- y ---- - - � Monroe County Board of County Commissi.one 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W1TH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE as LL M O O 0 cu O O IL QJ 0 M �a �a 43 QJ UI- 0 U) C� ItJ X68 E 0 O a Linda Regan /LR 0 1OW2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (2D14at) Packet Pg. 132 k. A " DATE CERTIFICATE OF LIABILITY INSURANCE OAT 066/261126 /20717 7 2D1 ! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICiI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ LL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy, certain policies may require an endorsement. A statement or tL this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER T GEORGE MFRONI INSURANCE AGENCY INC 1801 N KROME AVE HOMESTEAD, FL 33030 -3237 F -600 59 -2704 INSURED FLORIDA FENCE CORP PO BOX 439 TAVERNIER, FL 33070 COVERAGES O 0 O O CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR VI) s LTR PHONE 305- 247 -3971 FAX A/C No: 305 - 247 4065 TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY INSURE S_[ ) AF FORDING COVERAGE UBR POLICY NUMBER POLICY EFF MMIo01YYYY POLICY EXP - L4MIr)Q rrrM $ CLAIMS -MADE 17 OCCUR $ INSURER S: $ $ INSURER E $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 P pacctlenSOAMAGE $ 1,000,000 EACH OCCURRENCE $ AGGREGATE $ PER OTH- STATUTE ER GEN'L AGGREGATE LIMIT APPLIES PER: E.L. DISEASE - EA EMPLOYEE P POLICY ❑ PRO- ❑ LOC JECT $ OTHER: AUTOMOBILE LIABILITY ANY AUTO Y 965 8846- E01 -59 05/01/2017 11/01/2017 A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 565 8847- E01 -59 966 5754- EO1 -59 05/01/2017 05/01/2017 11101/2017 11/0112017 966 5755- E01 -59 05/01/2017 11101/2017 UMBRELLA LIAB OCCUR EXCESS L€A6 CLAIMS -MADE DED L RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE CFFiCER1MEM3ER EXCLUDED? N/A (Mandatory In NHi If yes, describe under DESCRIPTION OF OPERATIONS helnw DESCRIPTION OF OPERATIONS I LOCATIONS I VHHIGLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 14 CHEV C1500 1GCRCREHXEZ239656 14 CHEV C1500 3GCPCSEC9EG129247 05 CHEV C3500 1 GBJC34U85E224884 05 GMC 3500 1 GDJ C34UX5E229432 HOLDER MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SfMONTON STREET KEY WEST, FLORIDA 33040 ACORD 25 (2016103) Q? E eU X68 QJ 49 QJ U- 0 U) itJ X68 E O O a CONTACT GEORGE MERON1 NAME: PHONE 305- 247 -3971 FAX A/C No: 305 - 247 4065 ADDRESS: GaEORGE @GEORGEMERONI.COM INSURE S_[ ) AF FORDING COVERAGE NAIC # INSURERA: State Farm Mutual Automobile Ins C ompany INSURER B ; 25178 INSURER C: $ INSURER D: $ INSURER S: $ $ INSURER E $ 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LIMITS EACH OCCURRENCE 5 DAMAGE REN ED PREMISES Ea occurrence $ MED EXP (Any one persor:) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ I PROD UCTS - COMPIOP A GG $ COMBINED SINGLE LIMIT Ea accident $ $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 P pacctlenSOAMAGE $ 1,000,000 EACH OCCURRENCE $ AGGREGATE $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICYL€MIT $ +oa Packet Pg. 133 t A CERTIFICATE OF LIABILITY AND THE CERTIFICATE BOLDER, INS DATE(MMIDD/YYYY) INSURANCE x6/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE DER THt CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: ta- REPRESENTATIVE OR PRODUCE BEL TS ER TWEEN THE ISSUING O DED R(S), AUTHORIZE; UL RSR, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the po])cy(ies) must have ADDITIONAL INSURED provisions or be endorsec O If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of LL this certificate does not confer rights to the certificate holder in lieu Of such endorsements). PRODUCER T GEORGE MERONI INSURANCE AGENCY INC 1801 N KROME AVE HOMESTEAD, FL 33030 -3237 F-600 59 -2704 INSURED FLORIDA FENCE CORP PO BOX 439 TAVERNIER, FL 33070 COVERAGES CERTIFIC CONTACT GEORGE MERONI NAME: PHONE .305- 247 -3971 F 305- 247 -4065 EMAIL A!C No GEORGE @GEORGEMERONI,COM AbpREss; INSURER S AFFORpING COVERAGE NAIC # INSUReRw: S tate Farm Mutual Automobile Insurance Comp 25178 INSURER R: COMMERCIAL GENERAL LIABILITY INSURER C; $ INSURER D: $ 1 000 000 INSURER E $ 1,000,400 INSURER F i 0 O O 0 CL CL ATE NUBABER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADDL SUER LTR T RE D PREMISES Ea o:.arrrence TYPE OF INSURANCE VIED EXP (Any one person) S POLICY NUMBER MOr - DO Y � mO $ PRODUCTS - COMPIOPAGG COMMERCIAL GENERAL LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ 1 000 000 BODILY INJURY (Per accident) $ 1,000,400 CLAIMS -EYWDE 1-1 OCCUR i i $ AGGREGATE $ PER OTH STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT $ GEN'L AGGREGATE LIMIT APPLIES PER, POLICY PRO- n JECT I— I LOC OTHER: AL+rOMO91LELiABILITY ' 9665756- E01 -59 051a1/20i7 1110IJ2017 ANY AUTO A OWNED SCHEDULED D56 0824- E08 -59 05108/2017 11108/2017 AUTOS ONLY AUTOS HIRED NON - OWNED AUTOS ONLY AUTOS ONLY D88 7932- A05 -59 01/05/2017 07/05f2017 3 UMBRELLA LIAa OCCUR E %LESS LIAS CLAIMS -MApi DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORIPARTNFRIEXECUTIVE OFFICFRIMEMBER EXCLUDED? F NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATICNR halms, DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ENOL 11 FORD F350 1 FTBF3A60BEA09069 11 CHEVC35001GB4CZCL8BF221076 Q? L2 QJ 43 QJ U- 0 U) ttJ Q8 E O 0 a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTON STREET KEY VVEST, FLORIDA 33040 AUTHORIZED REPRESENTATIVE r ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD LIMITS =21 0 - CURRENCE $ T RE D PREMISES Ea o:.arrrence $ VIED EXP (Any one person) S PERSONAL & ADV INJURY $ GEN FRAL AGGREGATE $ PRODUCTS - COMPIOPAGG $ COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ 1 000 000 BODILY INJURY (Per accident) $ 1,000,400 PROPER1 7 DAMAC4E Per accid ent $ 1,000,000 EACH OCCURRENCE $ AGGREGATE $ PER OTH STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT $ 1t3B Packet '....Pg. 134 BUDGET AND FINANCE PURCHASING DEPARTMENT TABULATION SHEET OPEN DATE: JUNE 28, 2017 AT 3:00 PM TITLE: MCSO FENCE REPLACEMENT MONROE COUNTY, FLORIDA RESPONDENT BID BOND BID AMOUNT US Fence & Gate Inc. 5% Base: $517,737.00 Alternate: $2,500.00 Smith Industries Inc. dba Smith Fence Company 5% Base: $341,320.00 Alternate: $750.00 Florida Fence Corporation 5% Base; $196,500.00 Alternate: $750.00 Bid Committee Present Dan Bensley, Ann Mytnik Members of the Public Present Luis A. Diaz (Florida Fence Corp) 0 CL CL a M 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 MC50 STOCK ISLAND ANNEX BUILDING FENCE Between Owner and Contractor € here the basis of payment is a STIPULATED SUM AGREEMENT Made on July 19, 2017 BETWEEN the Owner: Monroe County Board of Count+ Commissioners 500 Whitehead Street Key West. Florida 33040 And the Contractor: Florida Fence Corp, 141 Georgia Ave. P-C)_ Box 227 Tavernier, Florida 33470 -0227 For the following Project. MCSO Stock Island Annex Bldg. Fence Replaccrnent Scope of thc* 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 tine drawings and specifications, which are a park of this bid package_ The Contractor shall furnish all labor, supervision, materials, dower, tools, equipment, supplies, permits and any other rneans of con struMion necessary or proper for performing and completing the Scope of Work, unless otherwise specifically staked. The Scope of Work shall include, all work shown and listed in the Project Documents_ The Contractor is required to provide a comple #e job as contemplated by the proje documents_ The Contractor shall furnish all labor, supervision, materials. power, tools, equipment, supplies and any other rneans of cons #ruction necessary or proper for performing and cornpletiinq the Scope of Work, unless otherwise specifically stated. Contractor shall demolish and replace approximately 3000 feet of existing chainlink fencing, poles, and fasteners with new 9 gauge galvanized fence, poles, and fasteners. Contractor is required to trench and bury the bonom of the fence w match the termination of the existing tense into the ground- Contractor will be required to protect adjacent surfaces such as painted walls, concrete curbs, asphalt, sidewalki3, and vegetation. The new fence shall follow the route of the existing fence, AGREEMENT Page 1 of 51 M CSO STOCK ISLAND ANNEX BUILC I NG FENCE REPLACEMENT EMENT including all perimeter fencing under and adjacent to the detention center, including a] I farm areas, parking, and storage areas- The existing fence has the following approximate counts; Approximately 640 feet of 8 foot high chairEiink- Approximately 110 feet of 8 -5 foot high chainlink. Approximately 621 feet of 10 foot high cha €nIink- Approximately 200 feet of 11 foot high chainIink. Approximately 1,400 feet of 12 foot high chainlink- Replace approximately 870 Florida 3 inch poles and 35 4 inch poles, the existing fence has 15 pedestrian gates and 5 emergency gates that are to be replaced as a part of this contract. Dimensions and quantities are provided for estimation purposes only- The Contract( - v is responsible to field verify all actual dimensions, quantities and locations before bidding- Contractor shall also provide an altemative price to install 150 feet of #encirig fabric for an 8 -foot- tall chain Iink fence. Contractor shall fill all trenches and replace with sod in any location where grass has been destroyed or damaged. Fence shall have a maximum control joint spacing of 15 feet. Contractor shall provide equal joint spacing between columns wherever possible. All fancing to align with overhead beams where possible. Top rails to be anchored to beams @ 18 inch on center MaXimUm Spacing- Whelk fence crosses double tees, custorn welded infill secbens must be used- The minimum clearance between fence member and adjacent structurallarchitectural members is 2 inches and shall not exceed 5 inehes- ARTI LE 1 The Contract Documents The Contract Documents cor«sist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditiona), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modi !cations 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 whtten or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the document, precedence shall be determined by the order of the documents as just listed, ARTICLE The Work of this Contract The Contractor shah 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 0 0 CL AGREEMENT Page 2 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed is;;ued by the Owner_ Tho Contraotor shall mhievo SubStaritial Completion of the entire Work not later than Ninety (90) calendar days altar the Mato of mrnrrenrement or issuance of a Notice to Proceed_ The time or times stipu3ated in the contract for rximpletion of the work of the contract or of specified phases of the contract shall he 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 Pro}eot Manage signature of approval on the Cerlihrate of Substantial Completion, The liquidated damages table below shall be utilized to determine the arnount of liquidated damages. FiR T SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 S50.00IDay 100.O01Day 50.001Day $50,000,00 - 99,999.00 100,001Day 00.00IDay 750.04lDay $100 ,000.40 - 499,999.00 200,041Day 500.000ay .000.041Day $500,000.00 and Up 500,04IDay 1,040,000ay 3,500.00,IDay The Contractor's recovery of damages and sole remedy for any delay caused by the Owner small be an extension of time on the Contract. ARTICLE 4 Contract Sato 4.1 The owner shall pay the Contractor in current tends for the Contractor's performance of the Contract the Conlract Sum of One Hundred Ninety -Seven Thousand Two Hundred and Fifty and 001100 Dollars (5197,250.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the fallowing alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner- Alternate #1I Install 150 feet of fencing fabric for 8 -foot -tall fence_ Seven Hundred Fifty and N all 00 Dollars_ ( $750.00 ) 4.3 Unit prices, if any, are as follows; ARTICLE 5 Progress Payments / if (Z d AGREEMENT Page 3 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEME 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Managernent, 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 sha be one (1) calendar month ending on the fast day pf the month, nr as fol lows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes_ 6,4 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 a rn ong 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 M8naprnent may require. This schedule unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractors 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 covcrcd by the Application for Paymefrt. 5.6 Subject to the provisions of the Contract Documents, the amount of cacti progress payment shalt be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable 4o completed Work as deterrnined 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 irr the Schedule of Values, less retainage of ten percent 10 %. Pending final determination of cost to the Owner of changes in the Wort[, amounts not in dispute may be included in Applications for Payment_ T Yee 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 0��ntract Stan 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 fine item as confirmed by the Director of Project Marrag ern ent. When both additions and cfediLs covering related Work or substitutions. are involved in a change, the allowance for overhead and profit shall be figured on t? basis of net increase, if any, with respect to Lhat 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 stared off the site at a location agreed upon in writing), less retain8ge; 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 nuI [if ied a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. / C ( 0 0 CL d AGREEMENT' Page 4 of 51 MCSO S TOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT 5,7 Retainage of ten percent ( 10 %) will be withheld in accordance with Section 218 -735 (6)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subsect to Florida Statutes: Section 255.078, "Public Corrstructiori Retainage"'- Reduction or limitation of retainage, if any_ shall be reduced incrementally �a the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Bran, shall be mane by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except far the Contractor's responsibi to correct nonconforming Work as provided in Subparagraph 12- of the General Conditions end 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 Mana9ernent- Such final payment shall be made by the Owner not more than twenty (0) days after the issuance of the final approval for payrnenL. The following docurnenLs (sarnples in section 01027, App €kation for Payment) are required far Final Payrnent (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts acid Claims (5) Contractors Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two { } hard copies in tabulated divided binders and one (1) saved electronically tabbed acrd indexed in Adobe Acrobat file ( -PDF) format delivered on. a d own load able CDIDVD of all Lhc following, but not limited to= A. Project Record Doct;rments (As Built Docurnent ) B- Operating and maintenance data, instructions to the Owner's personnel. C . Warranties, bond and guarantees. D. Keys and keying schedule- r=- Spare parts and maintenance materials, F. Electronic copies of approved submfttala- 0. Evidance of payment and final release of bens and consent of surety to Final release (inelirdes final release rrom all utilities and utility companies) ARTICLE 7 Miscellaneous Provisions 0 0 L . CL CL AGREEMENT Ngfs 5 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT 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 provisiorts of the Con #Fact Documents. 7.2 Payment shall be matte according to the Floridan Local Government Prompt Payment Act and Monroe County Code. 7. 3 Temporary facilities and services= As described in Section 01 00, Temporary Facilities, of the General Conditions. 7,4 Monroe County:s performance and obligation to pay under this contract is contingent upon an 8nnual appropriation by the Board of County or missioncrs_ 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 nert -subrrrit a praposal on a contract with a public entity for the construction or repair of a public buiIdFng or public work, may not submit proposal on leases of real property to public enti #y, may not be awarded or perform work as contractar, supplier, subcontractor, or consultant under a contract with any public entity- and may not transact business with ai]y public entity in excess of the threshold amount provided in Seaian 287,617, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. 7,5 The following items are included in this contract: a) Gontfactor shall maintain all books, record ,5, and dockiments directly pertinent to performance under this Agreement in. accordance with generally accepted accounting principles consistently applied_ Each party to this A+greernent 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 Agreerinrt,nt and for four years foltcwing the term ina #ion of this Agreement_ Jf an auditor employed by the County or Clerk deterrnines that rmcnies paid to 00FItraCtOr 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 Seo- 55.0 3, Florida tatkites, running from the date the monies were paid to Contractor_ b) Governing Law, Venue, Interpretation, Costs, and t=ees. 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, Forida, The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of confIi0ing interpretations of the terms or a terra of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other admiristrative or legal proceeding, c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any ciroumstanoe or person) shall be declared invalid or 0 0 CL AGREEMENT Page 6 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT unenforceable to any extent by a court of competent j u risd i ction, 1he remaining terms, covenants, conditions and provisions of this Agreerent, shalt not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fuller# 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 prevision with a valid provision that conies 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 everit any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement er interpretation of this Agreement_ the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and coasts casts 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 duty 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 iritc this agreement freely, voluntarily and with advice of counsel. g} laim 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 solicita tions shall he approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreernents shall be attempted to be resolved by meet and confor 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 seem such relle or remedy as may be provid.d by this Agreement or by Florida law. This Agreement is not subject tQ srbiLration. Cooperation, iu 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_ acrd other activities related to the substance of this Agreement or provision of the services render this Agreement. County a,nd 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 di crirninaticn 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 r 0 0 CL AGREEMENT P Igo 7 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT terminates without any further action on the part of any party, effective the date of the court order. The parties 2gree to comply with all Federal and Florida Statute S. and all local ordinances, as appl"ble, relating to nondiscrimination. These include but are not limited to- 1) Title V1 of the Civil Rights Act of 1964 (Pt- 88 -352), *hich prohibit discrimination in employment on the Masts of mce, color, religion, sex, artd national origin; ) 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 604 of the Rehabilitation Act of 1973, as amended ( 0 USC § 794), which prohibits discrimination on they basis of handicaps; 4) The Age discrimination Act of 1975, a amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PE 92 -255). as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basi5 of a]cohoI 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 contidentiality 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; ) 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, farnilial status or age; and 1 1) 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_ Counter and Contractor covenant that neither presently has any interest, and shall net acquire any interest, which would confli4ot in any manner or degree with its performance under this Agreement, acrd that only interest of each is to perform and receive benefits as recited in this Agreement, 1) Code of Ethics. County agrees that officers and employees Qf the County recagnize and will be required to oomply with the standards of conduct for public orricers and employees as delirteated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's ardency; unauthorized compensation: misuse of public position, conflicting employment or contractual relatfonship; and disclosure or use of certain inforrnetion. 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, corpGration, individual, orfirm, otherthan a bona fide employee working solely for it, any fee, ccrnrr'SS'orr, 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 night 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. i 0 0 CL AGREEMENT Page 8 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT n) Public Records Compliance. Contractor roust comply with Florida public records laws, inChAing but not lirnited to Chapter 119, Florida Statutes and Section 24 of article of the Constitution of Florida. The County and Contractor shall allow and permit reasonab €e 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 Con #factor 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 fora of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and casts associated with that proceeding. This provision shall survive any termination or expiration of the contract- 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 - 119.07GI and the terms and conditions of #his contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service- () Upon receipt from the Cou rtity'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 cast that does not exceed the cost provided in this chapter or as otherwise provided by law, (2) Ensure that pubic 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 terra and following cornplet - son of they 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 Contractof 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 Cou nty's custodian of records. irE a format that is compatible with the inforrriation technology systems of the County- f5) A request to inspector copy public records relating to a County contact must bo made directly to the County, but if the County does nol possess the requested records, the Coustty shall immediately notify the Contractor of the 0 0 CL AGREEMENT Pale 9 of 51 IVICSO S TOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT request, and the Contractor must provide the records to the County or allow the records to be - .-nspected a 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 tyre public records to the County or pursuant to a vaiid public records request within a reasonable tune may he subject to penalties under Section 119 -1 (3 Florida Statutes- The Contractor shall not transfer custody, release, alter, d estray or otherwise dispose of any public records unless or otherwise provided in this provision or as othentyise provided by law, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE AIPPLI C ATION OF CHAPTER 119, FLORIDA STATUTES, TO THE C0NTRACTOR'S DUTY TO PROVIDE PUBLI C RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292 -3470 BRADLEY- BRIAN MONROECOUNTY- FL -GOV, MONROE COUNTY ATTORNEY'S OFFICE 1 111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Nora- Waiver of Immunity- Notwithstanding the provisions of Sec- 758 -28, Florida Statutes, the participation of the Contractor and the County in this Agrearncnt and the arquisilion of any corn mercial liability insurance coverage, self - insurance coverage, 0r local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability cove(age, nor 5hail any contract entered into by the County be required to contain any provision `or w aive r- p) Privileges and Immunities- All of the privileges and immunities from liability, exemptions from laws, ordinances. and rules aria pensions and relief disability, workers' compensation- and other benefits which apply to the activity of officers, agents, or employees of any publi, 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. vclunti�ers, or employees 0utsida the territorial limits of the County- q) Legal Obligations and Respnnsibikies: Colon- Deiegaticn of Constitutional or Statutory Duties- This Agreement is not intended to, nor shall it ba 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 Agrcernent is not intended to. nor shall it be construed as, authorising the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Flofida constitution. state statute and case law - r) Colon - reliance by Non - Parties. No person or entity shall be entitled to rely upon the terrns, or any of thern, of this Agreement to enforce or attempt to enforce any third- jC 0 0 CL AGREEMENT Page 10 ui 51 IVICSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT party claim or entitlernent 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, courksel, or otherwise indicate that any particular individual or group of individuals, ant-ty or entities, have entitlements or benefits under this Agreement separate and apart, inferior tn. or superior to the community in gen or for the purposes contemplated in this A4greernent. s) Attestations. Contractor agrees to execute such docurYlerrts as the County m8y reasonably require. to include a Public Entity Crime Slaternent, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Persona[ liability_ No covenant or agreement contained herein shall be deerned to be a covenant or agreement of any mernber, otfk�er, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or arQou nta b i lity by reason of the execu #ion 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 saute instrument and any of the parties hereto may execute this Agreement by signing any such counterpart_ v) ! Harmless and Indernnification. Notwithstanding any minirnum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the OUNTY'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 ether proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, an (iii) any costs or expenses that may be asserted against, initiated wRh 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 durinq the term of 'this Agreement, (B) the n&gligence or recklessness, intentionaEl wrongful misconduct, errors or other wrongful act or or of Contractor or any of its employees, agents, sub contractors or other invitees, or (0) Oontraotor'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 frorn the intentional or sole negligent acts or ornis�5ions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor)_ The morietary limitation cf liability under this contract shall be not less than 1 milfiorr per occurrence pur to F. S. 725.06_ Insofar as the claims, actions, causes of artion, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the terra 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 tt)e 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 such delay_ Should any claims be asserted against AGREEMENT Page 11 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT the County by virtue of any deficiency or amt�iguity in the plans and specifications provided by the Contractor, the Contractor agrees and warranty that the C, )ntractor shall hold the County harmless and shall indemnify it frorn 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 indernnificaticn provided for the above. w) Section Headings. Section headings have been inserted in this Agreerent as a matter of convenience of reference only, and ft 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 #has Agreement_ x) Disadvantaged Business Enterprise (DBE Policy and Obligntion_ 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 rontrarts financed in whale or in part with County funds under this agreement_ The DBE requirements of applicable federal and state laws and regulations apply to this Agreement_ The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take a ll: necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to oernpete and perform contracts. The County and Contractor and subcontractors shall not discriminate qn the basis of race. color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement_ y) Agreements with Subcontractors. I n 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 CO NTY as an additional insured on all insurance policies required by the County_ €n additian, the Ccntractor specifically agrees that all agreements 0 contracts of any nature with his subcontractors shall include the C OUNTY as additional insured_ z) Florida Green Building Coalition Standards, Monroe County relquires 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 seat by United States Mail. certified, return receipt requested, or by courser with proof of delivery Notice shaII be sent to the follo irtg persons: For Contractor, Loui A Diaz (305) ? 97 . 7 Florida Fen Coro, 169 Georgia Avg- _ Tavernier, FL 33070 For Owner: Director of MarLaqe e 1 1 0 0 S irnonton St_, Roorn 2 -216 Key West, Florida 33040 Assistant Coun Admirtistratur, PW & F 1 900 Simonton St ray West, Florida 03040 0 0 CL AGREEMENT Page 12 o f S1 IVICSO STOCK ISLAN ANN B UIL D ING FENCE REPLACEMENT EMENT ARTICLE 8 Termination or Suspension 8A The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents .1 The Contract Documents, except for Modifications Issued after execution of this Agreement, are enurnerated a� follows: a) Drawings; none b) Project Manual: bated May 2 017 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor- 9,11. The General Conditions are the General Conditions of the Contract for Construction_ 9.1 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 follovus: Number Date Page This Agrei anent is entered into as of the day and year first' written above and is exeruled in at least two (2) original copies of which one (t is to be delivered to the Contractor_ BALANCE OF FAG I NTENTI 0 N ALLY LEFT BLANK S IGNATURE PAGE TO FOLLOW AGREEMENT EEMENT Page 13 of 51 CSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT Executor, by the Gcntractor must be by a person with authority to bind the entity- SIGNATURE OF THE PI~R ON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: Leven Madok, Clerk By Deputy Clerk Date (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses signatures Signature - Print Narne- r 5 Title Da le: &/ C'r and Signature r� Pnnt Name: Title: � 0 cLri , ( 0-1 Date; 'T / ('?/ G' 17 STATE OF FLORIDA- COUNTY OF NlGii1�C� � CHRIS AMBRO IO ASSISTANT COUNITY ATTQRNEY Date= On thin, d8y of . 2011, before me, the undersigned notary public, pe sonally appee�ed -- known to me to be the person whose name is subscribed above o r wl i C � 4 Knom,j as identification, and acknowledged that he /she is the Z�F n who execu d the above contract with Monroe County #o; (MC O Stack island An�c epl cement) for the purposes therein contained, Notary .Public Print Nq me _, My cornrnission expires: 10 o � � # �_ o End of 5ectiQn 00500 AGREEMENT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Chnilrman CONTRACTOR: Florida Fence Corp- S ig natur LIL�''� --. Print Name - - re OY1 Title: Ff -51 �A Da te' - 1 Y- (p - X017 fl,'ONRGE CC) UN T Y A70R�NEY APPROVED AS TO FORM 0 0 CL T a� E �a as q5 LL 0 U) c� 0 L) 0 L) a� a� LL LL a LU N R O z a z LU U LU Flory Ic 51o1e FI6C�e A i�z LU Seal � �Gor+��.bnG�oesa�+s or QxPksstllOdf�02G �a E Page 14 01 51 ' MC50 STOCK ISLAND ANNEX BUILDING FETE REPLACEME T GENERAL C ONDITIONS OF THE CONTRACT tO GENERAL. PROVISIONS 1.1 Basic Definitions 1.1.1 The Ciontirart Documents The Contract Documents censist of the Agreement between Owner and Contractor, Conditions of the Contfac:s (General, Supplementary and other Canditio«s), Drawings, Specifications, addenda issuers prior to execution of the Contra Owners proposal documents, other documents listed in the Agreement and Mad ifications issued after execution of the Contract, and the Contractor proposal and supporting docurnentation, A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a ons"aion Change Directive or (4) a writtr2ri order for a minor change in the Work issued by Project Managemenl. 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 re €ationship of any kind (1 } between the Architect and Contractor, ( ) 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 Prcjecl- Management and Architect_ 1.1.3 The Work: The term "Work" means the construction and services req uiri�d b y the Contract Documents, whether completed or partially completed, and includes all other labor, materia ls, 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 Proji�ck_ 1,1.4 The Project: The Project is th total construction of W ich 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 incuding persons or entities under separate contracts not adminiMeyed by Project Management. 1.1.5 The Drawings: The Drawing,5 are the graphic and pictorial portions of the Contract Documents, wherever located and whenever 1SSUed, showing the design. location and dimensions of the Work, generally including plans, elevations, sections, details schedules and diagrams_ 1,1,5 The Specifications. The S pecJficabons 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 (elated services. 1.1.7 The Project Manual: The Project Manua I is the volume usually assernbled for the Work which may include the proposal requirements, sample forrns, Conditions of the C ontract and Specifications. 1,2 Execution, Correlation and Intent f G. 0 0 CL d General Conditions of the Contract Pag° 15 of 51 MC50 STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT 1.2.1 Execu #ion of the Contract by the Contractor is a represuritaotion 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 he as binding as if required by all; performance by the Contractor snail be required only to the extent ronsistant with the Contract Documents and reasonably inferable from them as being necessary to produce the In #ended 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 ar 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 Wurk is drawn out and the remainder is indicated in outline, lhie parts drawn out shall also apply to all otter 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 ex( cuted by the Contractor is described. The Contractor may f eta in one contract record set_ Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or clairn a copyright in the Drawings. Specifications and other documents prepared by the Architect_ All copies of them, except the Contractar'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 IimRed license to use and reproduce applicable portions of the Drawings, Specificatlor:s 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 preparedf by the Architect_ Su bmittaI or distribution to meet offi cial 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 fumi hed, two (2 } original sealed copies and one {1 } electronic copy of Drawings, Specifications and the Project Manual free of charge far the execution of the Work. Additional copies may be /G 0 0 CL General Conditions of the Contract Page 16 of 51 M CSO STOCK ISLAND ANNEX BU ILDIN FENCE REPLACEMENT obtained frorn Project Managernent at a fee of $5.00 per page for full size drawings (.2 5 per page for written specifications or 1 1 "x 17" drawings). 1.4 Capitalization 1 -4.1 Terms capitalized in these General Conditions include those which are (1) specificaily 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 pub Iished by the American Institute of Architects. 1.5 Interpretation 1.5 -1 In the interest cf brevity the Contra c# 04 c,=ents frequently omit rnodifying wards such as "all" and "any" and articles suc'rk as '"the" and "an " but the fact that a fnodKier 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 -9 Definition -1 -1 The Owner is Monroe County- The terfn "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 describ;ng physical characteristics, legal limitations and utility locations far the site ol the Project. and a legal description of the site- -2 -3 For existing facilities, the Owner shall secure and pay far accessary approvals, easements, assessments and charger., required fa construction, use ur 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 res pons ibility to secure and pay for the building perrnit(s) for the project- .2 -4 Information or services under the Owner's control shall be furnisher) 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 ane {1} electronic copy or Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1,.- 2-2.6 The Owner shall forward all communications to the Contractor through Project Managernent and may contemporaneously provide the same communications to the Architect. 2 -2-7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 5 (Construction by Owner or by Other Contractors), Article 9 (Payments and Gofnplefion) and Article 11 (1nsurance and Bonds)- Zf &. 0 0 CL General Conditions of the Contract Page 17 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT 2.3 Dwner's Right to Stop the Work 2.3.1 If the Contractor fails to oorroct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 ar 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, ontit the cause for such order has been eliminated: however, the right of tyre Owner to stop the Work shall not give rise to a duty on the park 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 Ca iTy Out the Work .4.1 If the Co nV2ctor defaults or neglects to carry out the Work in accordance with the C ontf art Documents and fails within a three -day period after recelpt of written nofice from the Owner to cornmence 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 -clay period_ If the Contractor within such second three -day period after receipt of such second notice fails to comrnencc and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such dE 6encies_ in such case an appropriate Change Order shall be issued deducting from payrnents then or thereafter roue the Contrac=tor the cast of correcting such deficiencies, including compensation for another contractor of subcontractor or Project Management's arid 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 crf twenty -four (4) hours' no #ice. 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 singu lar in number. The term "Contract&' means the ontraOor or the Contractor's authorized representative. 3.1,2 The plural terra " cntractors" refers to persons or entities who perform construction under Cnnditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions_ 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shAl carefully study and compare the Contract Documents with each other and with information furni hed by the Owner pursuant to S ubparagraph 2,2,2 and shell at once report. to Project €Ulanagernent and Architect errors, inconsistencies or omissions 0 0 CL General Conditions of the Gorltract Pale 18 of 51 IVICSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT discovered_ The Contractor shall not be liable to the Owner, Project Management or Architect far darrmage 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 Arch itect,the Cc ntractorsh ail assumeappropriateresponsibitity for suchperf orrnanceand shaII 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 cornpar2 such field measurements and conditions and other information Known to the Contractor with the Contract [documents before eornmencing 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 Wth the Contract Documents and submittals approved purtiant to Paragraph 3.12, 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractors 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, subjecl 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, Subcoirtracton3 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 perSi ns of the Project related to the Contractor's Work in order to determine that such portions are in proper conditions to receive subsequent work_ 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated avai[ahje, including all Addenda information_ Also the Contractor will perform the work strictly in accordance with this contract, 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents: the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work_ 0 0 CL General Conditions of the Contract Page 19 of 51 IVICSO STOCK ISLAND ANNEX B UILDING FENCE REPLACEMENT 3.4.2 The Contractor shall enforce strict discipline and good order arnciag 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 thorn. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. MisconducL destruction of property. unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, wiIi be cause for pen anent dismissal frorr the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractof will remove and ?or replace the employee at the request of Project M anag ement. Employees dismissed from the project will be transported from the job site at the C owfactof:s expense. 3.4.4 The Contractor shah be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction E €quiprricnt_ 3.4.5 The Contractor shall be responsible for corrrpiete, timely and accurate field measurements ws necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, io 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 ,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 perrnitted 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 ft� Contract Documents_ Work not conforming to these requirements, including substitutions not properly approved and authorized, may be con side red defective. The Contractor's warranty excludes rernedy for damage or defeot caused by abuse, modifications not executed by the Contractor, improper of 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 Cofitractor shall pay sales, consumer, use and simflar 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 ir1to effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are custornanly secured after execution of the Contract and which are legally required at the tirne bias are received. The Co ntractorwiII be responsible for all building permit costs or irrrpact fees required for this project, The Contractor shall �c 0 0 CL General Conditions of the Contract Page 20 of 51 MC50 STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT secure and pay for all building and specialty permits including plurnbing, electrical, HVAC. etc, 3-7-2 The Contractor shell comply with and give notices required by laws, ordinances, rules regulations and lawful orders of public authorities bearing an performance of the Work. 3 -7 -3 It is not the Contractor's responsibiRy 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, acrd 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 males and regulations without such notice to Project Management, Architect and Owner, the Contractor shat1 assume full responsibility for such Work and shall bear the attributable costa- 3.$ Superintendent 3 -9.1 The Contractor shall employ a competent superinlendarit and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shot€ 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 riot 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 ,101 The Contractor, promptly after being awarded the Contract, stall prepare and submit for the Owner's and Architect's information and Project Management's approval a ontrac'toCs Construction Schedule for ?he Work- Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the r, - ortditions 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_ shal€ indicate the dates for the staffing and completion of the various stages of construction, shall be revised as required by the conditions of the Work. and shall be subject to Project Management's approval- 3.10.2 The Contractor shall caoperate with Project Management in scheduling and performing the Contractor's Worm to avoid conflict, delay in or interrerence 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- 0 0 CL d General Conditions of the Contract Page 21 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT 0 3 -10 -4 Project Management will schedule and conduct a project meeting at a minimum of Qne (1) CL meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progfess, scheduling and problems- T 3.11 Documents and Samples at the Site 3.11 - 1 The Contractor shall rnaintain 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 rurrently to record changes and selections made during construction, and in addition approved Shop 0ravOngs_ Product Data, Sa rnpies and sirn i I a r required subrnitkaIs. These shall be available to Project €ti+lanagemerrt 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 a a S ubcontractor, Sub subcontractor, manufacturer, supplier or distribuLnr to illustrate some portion of the Work. 3.12 -2 Product Data are illustrations, standard schedules_ performance charts, in tractions, brochures, diagrams and other information furnished by the Contractor to illustrate materiels or equipment for some portion of the Work- LL 0 3 -12,3 Samples are physicaI a arnples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. c� 3,12 -4 Shop Drawings, Product Data, Samples and similar submittals are not Contract � Docu ments. The purpose of their submittal is to dernonstrate for #hose portions of the Work for which �;ubmi=18 arc required the way the Contractor proposes to conform to the CL information given and the design concept expressed in the Oontfact Documents Review o by Project Management is subject to the limitations of Subparagraph 4- 6.12- � a5 3.12.5 The Contractor shall review approve and subm 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 cal)rdination of the U- Contracto Shop Drawings, Product Data, Sampled and similar submittals with related a documents submitted by o #her Contractors, Su bmittals crude by the Contractof which are N not required by the Contract documents may be returned without action. R 3.1 .6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project Management. Such Work shall be in accordance with approved z submi#als. LU 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 LU maferiais, Field measurements and field construction criteria related thereto, or will do '50. LU end has checked and coordinated the i nformatio n contained within s uch sub mittals with the requirements crf the Work and of the Contract Documents, General Conditions of the Contract Page 22 of 51 MCSO STOCK ISLAND ANNE} BUILDING FENCE REP 3,1 .8 The Contractor stall riot be relieved of responsibility for deviations from requirements of the Contract Documents by Project Management approvat 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 submitial and Project IVlartagerrteht have given written approval to the spet<'rfic deviation The Contractor shall not he relieved of responsibility for errors or ornisssons in Shop Drawings, Product Data, Samples or similar submittals by Project Management's approval thereof. 3.17,9 The Contractor shall direct specific attenti;)n, in writing or on resubmitted Sho p Drawings, Product Data, Samples or similar subrniital,% to revisions other than these 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 ce rtificati ort of performance criteria of materials, systems or equipment i5 required by the Contract Dor.,irnents, Project Management and Architect shall be ent €fled to rely upon the accurat�y and cornoleteness of such calculations and certifications, 3.12.12 If materials 5perjfied in the Contract Documents are riot availabie on the }resent market, the Contractor may submit data on substitute materials to Project Management for approval by the Owner_ 3.13 Use of Site 3.13.1 The Contractor shall confine aperations at the site to areas perrnitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or egrtipment. 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 Works or to make its parts fit together properly_ He shall also provide protection of existing work as required_ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction, The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management', Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractors consent to cutting or otherwise altering the Work_ When structural members are involved, the written .;On sent of Project Management shall also be requited, The OontraOor shall not unreasonably 0 0 CL General Candi #ions of the Contract rage 23 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT withhold from project Management or 8ny sepacrate contractor his/her consent to cutting or otherwise altering the Work_ 3.14.3 The Contractor shall arrange for any blackouts, cutouts, or openings required for the i n sta I lati orr cf his Jher materials and equipment and the execution of his /her work, whether or not showrr or indicated on the Drawings. The C.onfractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and race €ing any applicable code requirements, and such block -out, cutout opening, or ether hole in any fife - { elated floor, ceiling, wall_ security wall, or any o#hor fin }shed 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 C orktract_ At completion of the Work, the Contractor shall removo frorn and about the project waste materials rubbish, the Contractor's tools, construct equipment. machinery and surplus materials_ Moen up shall be. performed to the saEi farAon of the Owner or Project Man age merkt, 3,15.2 If the Contractor fails to clean up as providers in the Contract Documents, Project Manag erne nt may do so with the Owner's approval and the cost thereof shall be charged to the Contractor_ 3.16 Access to Work 3.160.1 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 fr)r infringement of patent rights and shall hold the Owner. Project Managernent and Architect harmless from lass on account #hereof, but shall not be responsible fur 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 Manargernen #. 3.18 Indemnification and Hold Harmless 3,18.1 Notwithstanding any minimum insurance requirements prescribed elscvvhere in this agreement. Contractor shall d0end, indemnify and hold the COUNTY and the OUNTY's elected a,nd appointed officers and employees harrnIess from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proreedings 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 parry 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 wron gf u rnisconduct, errors or other wrongful act or gmission /C 0 0 CL d General Conditions of the Contract Page 24 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEME of Contractor or any of its erployees, agents, sut)- contractors or othef invitees, or (G) ontfactor'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, coWiractors or invitees {other than Contractor }. The monetary limitation of liability under this contract shall be not less than 1 million per occurrence pursuant to E_ 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 ontractor failure tc purchase or maintain the required insurance, the Consultant shall indemnify the Cou n #y 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 #of the indernnification provided for the above_ 4.0 ADMINISTRATION OF THE CONTACT 4.1 Arch}tectlEngineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to pracEico architecturelengineering or any entity lawfully practicing architeotureiengineering identified as such in the Agreement and is referred to throughout the Contrast Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4-2 Project Nanagernent 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 Managenierrt's authorized repres&ritative- 4.3 Duties, responsibilities and Iimitatiorts of a�jthority of Project Management and Architect as set forth in the Contract Documents shall not be rest riclod, rncidified 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 General Conditions of the Contract PaB� 25 of 51 ,� C 0 0 CL CL MCSO STOCK ISLAND AN BUILDING FENCE REPLACEMENT 4.6 Administration of the Contract 4.6.1 Project Management and Engineer will provide administration of the Contract as described in the Contract Docurnents, and will be the Owner's representatives (1) during construction, (2) until final payment is clue and (3) with the Owner's concurrence. from time to time during the correction period de - scrihed in Paragraph 12.2, Project ManagemenI and Engineer will advise and cons uIt with the Owner and wi ll have authority to act an 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 d etermine in general that the Work is being perforated 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 therm. The Contractor shall partiiJpate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed so do qo_ The Cnrrtractor shall make any revi9ioa5 to t Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedrjIrS-, shall constitu 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 corrrpleted Work and to determine in general if [lie Work is being performed in a mariner indicating that the Warts, when completed, will be in accordance: with the Contract Doa4jments_ However, Project Management will not be required to make exhaustsve or continuous onsite inspections to check quality or quantity of the Work. On the basis of on -site observation as an architect, Project Management will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defecks and deficiencies in the work, 4.6.6 project Management will no have control over Q charge of and will not he responsible for construction means, method, techniques, sequences or procedures, or for safety }precautions and programs in connection with the Work, since these are solely the ontrackoC'� responsibility as provided in Paragraph 3.3, and neither will 5e responsible for the Contractor's failuro to carry ono the Work in accordance with the Contract Dor:uments. Neither Project Managerent nor the Architect will have control over, or charge of or be responsible fr,)r acts or crrissrons of the Contractor, Subcontractors, or their agents or employees, or of arty outer persons performing portions of the Work. 4.63 C Facilitating Contract Administration_ Except as otherwise provided in the Contract Documen or when direct communications have been specially authorized, the Owner and Contraclar shall communicate through Project Management, and shall contemporaneously provide the same communi cation s to the Architect_ Corr Mvni cat ions by and witty the Architect's consultants skull be through the Architect_ C rrmunications by /� L/ 0 0 CL General Conditions of the Contract Page 26 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT and with Subcontractors and material suppliers shall be through the Contractor- Cam by and with o ther Contractors shall he 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 payrnent. 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 applicahle Contractors' Applications for Payment, will be processed by Project Management. 4.6,9 Based on Project Management's observations and evaluations of Contractors' Application8 for Payment, Project Marragernent 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 �nspertiori or testing, in accordance with Subgaragraph5 13.5.2 and 13.5,3, whether or not such Work is fabricated, in3talled or completed, but will take such action only after notifying Project €vlanagernent. Subject to review, Project Management wall have the autfrarity to reject VV ofk which dries not conform to the Contract Documents. Whenever Proieet Management considers it necessary or advisab 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 13,6,3, whether or not such Work is fabricated, installed of corrmplated_ The foregoing authority of Project Management will he subject to the provisions of Subparagraphs 4.6.17 through 4,8.19 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 deciaion made by either of them in good Faith either to exercise or not to exercise such authority shall give rise to a duty or respensibi€ity of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their age-rzts or employees, or other persons perforating any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve alf Shop Drawings, Product Data and arnplerp, coordinate them with information received from other Contractors, and review those recommended for spproval. Project 112nagement 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 diysign concept expressed in the Contract Documents. project Management action will be taken with succh 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 #fie other Contractors, the Owner, or Project Management, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the propose of determining the accuracy and completeness of oi:W 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 Contra as required by the Contract 0 0 CL General Ganditions of the Contract Page 27 of 51 MC50 STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT Documents. Project Management review of the Contractor's submitfah5 shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Managements review shall not constitute approval of safety prE C utions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Managements approval of a specific item shat! not indicate approvall of an assembly of which the item is a component, 4.6.13 Project Management will prepare C hange Orders and Oonstruction Change Directives. 4.6 -14 Follovying consultation with the Owner, Project Management will take appropriate action on C hange Orders or C anstruction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Wor=k as provided in Paragraph 7.3 - 4.6.18 The Contractor will assist Project Managemeni in conducting inspections to determine the dates of Substantial completion and final cornpletior+, and will receive and forward to Project Management written warranties and related documents rcquired by the Contract and assembled by the Contractor_ Project Management will review and approve a final Project Application for Payment upon comnplianoe 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, responsibiIit3es and limitations of authority of such project reprosen:atives 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 performrance 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 agreernent is rnade conceming 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 khem, 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 eitN?r and will not be liable for results of interpretations or decisions so fendered in good faith, 4.6,19 Project Managernent: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, adjustmenk 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 end rnatters in question between the Owner and Contractor arising 1 A C 0 0 CL General Conditions of the Contract Page zs of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT out of or relating to thLa Contract_ Claims must be made by written notice. The responsibility to substantiate Cla irns strait rest with the party makPog the claim. 4.7.2 Meet and Confer. The Cc ntractcr and Project Management shall try to resolve the claim ar 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 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 (21) 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 fled with the Owner within such time and in compiiance with the preceding provisior}s shall be deemed conclusively tD 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 clairn; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice hay 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 requirernisrds of this Section and such claim shall be made by the Contractor before proceeding €o execute any work for which a claim is made. Failure to comply with this condition precedent sh2l3 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 skull proceed dilicgenfly with performance of the Contract and the Owner shall continue to make pa merkts is accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment_ The making of final payment shall constitute a waiver of Claim by the Owner except these arising from' liens. Cla irns, security intefests or encumbrances arising out of the Contract and unsettled; failure of the Work to comply with the requirernents of the Contract Documents; or .3 terms of special warranties required by the Contract Documents_ 4.7.6 Claims for Concealed or Unknown Conditions_ It conditions are encountered at the site which are (1) subsurface or otherwise concealed physical curiditlOFIS which differ materially from those indicated in the Contract Documents or (2) unknown physical co rid itions 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 General Conditions of the Contract Page 29 of 51 /C 0 0 CL CL M CSO STOCK ISLAND AN N EX BU ILDI NG FENCE REPLACEMENT for in the Contract DocurnenLs, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no evert Eater than ten (10) nays slier 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 4 n condition precedent to the Owrknr having any liability to the Contractor due to concealed and unknown conditions, the Oontfartor must give the Owner and Owner Engineer written notice ot, and an opportunity to observe such ccndi #ion prior to disturbing it_ The failure by the Go ntractor to give tha 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 Sure, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Ctaims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost Is involved for rea8ons including but not limited to (1) a written i nterpretati ori from Project Management, (2) a written order for a minor change in The Work Issuad by Project Management_ (3) failure of payment by the Owner, (4) termination of tho 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 Burn, any liability of the Owner to the Contractor shall be strictly limited and computed in accordance with the contract docurnents and shall in no event include indirect costs or consegrjenti8I 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 Clairn for an increase in the Contract Time, written notice as provided herein shall be given. 43.8.2 If adverse weather condition8 are the basis for a Claim for additional time, sued Claim shall be docurrrented by data substantiating that weather conditions were abnormal for the period of time and could nGt have been reasonably anticipated, and that weather conditions had an adverse effect on th, 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 darrrage, whether or not insured, shall be given Lo the other party within a reasonable time not exceeding twenty -one X21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter_ If a Maim for additional cost or time related to this Clairn is to be asserted, it shall be filed 313 provided in Subparagraphs 4.7.7 or 4.7.5_ 5.0 S U B CO NTRAC TO RS AND SUB U BC DNTRA TOR 5A Definitions 0 0 CL General Conditions of the Contract Page 30 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT 5.1.1 A Subcontractor is s person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term - Su bcontf aqiAor" is referred to throughout the Contract Documents as if singulaf in number and means a Subcontractor or an authorized representative of the Submntractor_ The term " Subcontr actor" 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 "S u b-FU b contra otoe' is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor- 5-2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall Furnish irr writ ag to Project Management for review by the Owner and Project Management the names of persons or entities (including those who are to fumi5h maWrials 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 starting whether er not the Owner or Project Management, after due investigation, has feasortable 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 tirnely objection. The Contractor shall not be required to contract wits anyone to whom the Owner or Project Management Eras made reasonable objection_ 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute. However, no increase in the Contrad Sum shall be allowed for any such substitution. 5.2.4 The CoritTaQtor shall not change a Subcontractor, persons or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractuat Relations 5.3. By appropriate written agreement, the Contractor shall require each Subcontmaor, to the extent of the Work to be per€orrned 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 Ccntract Documents with respect to the Work to be performed oy the Subcontractor so that subconti thereof will not prejudice such rights. When appropriate, 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, arid, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement A �- 0 0 CL d General Conditions of the Contract Page 31 of 51 IVICSO STOCK ISLAND ANNEX BUILDING FENCE General Oonditioris of the Contract Page 32 of 51 REPLACEMENT ENT 0 which may be at variance with the Contract Documents. Subcontractors shall similarly CL make copies of applicable portions of such documents ava;lable to their respective proposed Sub- subcontractors. 5.4 Contingent Assignment of �ibcontracts 5.4.1 Each subGmtraet agreement for a portion of the Workk is assigned by the Contractor to the r_ o Owner provided that: T _1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for hose 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 Wny, obligated under public �a � construction bond covering the Contract. E 1_ If the work has been sust)andec! for more than thirty (30) days, the S ubcontractor's compensation shall he equitably adjusted. �s 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS � 6.1 Owner's Right to Perform Construction with Own 1= on=es and to Award Other U_ Contracts O ca 6.1 _ : The Owner reserves the right to perform construction or operations rF, to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Project Management. ThcL Owner further reserves the right to award other contracts in connection with ether portions of the Project or other construction or L) operations on the s+te under Conditions o; 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 Owners own forces as including persons or entities under separate contracts not administered by Project U_ Management, the Owner shall provide for coordination of sLich farces with the Work of the Contractor who shall cooperate with them. LL 6.13 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 N for aTiy and all costs and time Increases a5;sQc[aced vwjth impropef coordination- R 6.2 Mutual Responsibility a 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 maL riels and equipment and performance of their ac #iVi#ieS, and shall connect and coordinate the LU Contractors constructiorL and opera tions with theirs as required by the Contract U Documents. x LU 6. 2.2 It 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 Contraetor shall, prior General Oonditioris of the Contract Page 32 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT 0 0 to proceeding with that portion of the fork, promptly report to Project Management ally CL CL apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and fesults- Failure of the Contractor so to report shall constitute an aclknovwledgm4�nt that the Owners 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- � 0 6 - .3 Costs caused by delays or by improperly timed activities or defective constr - uaion shall be � borne by the Contractor- The ontraaor's sale rernedy as again,5Z the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. P 6 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to 0 - 2 - 4 completed or partially completed construe #ion or to property of the Owner or other contractors as provided in Subparagraph 10.2 -5- � E 6.2.5 Claims and other disputes and matters in question be the Contractor and other 0 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 stall have the same responsibilities for cutting and as patching as are described for the Contractor in Paragraph 3.14- LL 0 6.2.7 S hould the Contractor contend that he/she is entitled to an extension of time for corn pletion U) of any portion or portions of the worfc_ he /she skull, within seventy-two (72) hours of the occurrence of the cause of the delay, notify Project Managernant in writing, of hislher contention: setting forth (A) the cause for the delay, (B) a description of the portic)n or pni - tions of work affected thereby, and (C) all details pertinent thereto. A subsequent written applicatiorE for the specific number of days of e teEision of time requested Stull be CL made by the Contractor to Project Managemi�nc within seventy - tiro (7 2) fours after the delay has ceased to exist. -1 It is a condition precedent to the consideration or pra�3ecution 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, heJshe shall be deerned to have o waived the clairn- LL . The Contractor agrees that whether or not any delay, regardless of cause, shall a N be the basis for an extension of tune helshe shall have no claim against the R Owner or Project Management for an increase in the Contract price, 1100 a claim mains# the 0*ner 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 darnage, loss. or expense resulting from interruptions to, or suspension of, In islher work to snable other contractors to perform their work- The only remedy available to the Contractor shall be an extension of time, LU c� 6.3 Owner's Fright to Clean Up X LU 6-3 -1 If a dispute arises among the Contractor, other contractors and the Own cr as to the a . responsibility under their respective contracts for maintaining the prernises and E � � { L General Conditions of the GontraO Page 33 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT T surrounding area free from waste materials artd rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Project Management determines to be just, 7.0 CHANGES IN THE WORK 7.1 Changes 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 artier for a mirror change in the Work, subject to the limitations �tati cd in this Article 7 and 8Isewhere in the Contract Documents, 7.1-2 A Change Order r> hail be based upon agreement among the Owner, Project Managerent and Contractor. A Construction Change Directive require agreernent 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 €4tanagE rm8nt 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 otherwi8e provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1 if unit prices are stated in the Contract Documents or subsequently agreed upon_ and if quantities originally contemplated are so changed in 8 proposed Change: Order or Construction Change Directive that application of such unit prices to quantities of VV&k proposed will cause 5ubstanbal 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 signet by the Owner, Project Management and Contractor stating their agreement upon all of the following; t a change in the Work, the amount of the adjustment in the Contract Sure, if any, and 3 the ex#ent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods= 1 mutual acceptance of lump sum properly iternized and supported by sufficient substantiating data to permit evaluation and payrnent, and approved by the appropriate authority in vvft ng; unit prices stater) in the Contract Documents or subsequently agreed upon_ and approved by thc- appropriate authority in writing; A L 0 0 L . CL CL General Conditions of the Contract Page 34 a 51 IVICSO S TOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT . 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 to 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 than he determined by daily force accounts in a Form acceptable to the Owner and Projecl Management_ The daily force account forms shah 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 farm 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 prov €ded in the Contract Documents, cost shail be limited to the following: cost of materials, including sales tax and cost of delivery; coat of labor, including social security, aid age and unernployrrment insurance, and fringe benefits required by agreement or cus #orm. works' or workmen' compcncation insurance; and the remtal value of equipment and machinery_ Markups for overhead and profit will be in accordarrc:e with subparagraph 7.2.4. fending final determination of cost, payments on account shall be made as determined by Project Management. The amount cf credit to be allowed by the Contractor for any deletion or change. which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confifimed by Project Management. When both additions and credits covering related Work or suhatitutions 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 Ghang� 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 friability and Workmen's Compensation Insurance_ No percentage for overhead and profit shall be allowed on iterns of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in seotion 5.6.1 of the Contract. €terns considered as overhead shall include insurance other than that mentioned above bone! or Bonds, supedntendent, timekeeper, clerks, w atchmen, use Df srnall tools, miscellaneous upplies, incidental job cots, warranties, and all general hornelfieid office expenses_ The actual cost of Changes in the Work (other than those covered by unit prices se; forth in She Contract Documents) shall be computed as follows; 1 If the Contractor perforrna the actual Work, the maximum perceri #age mark -up for overhead shall be five percent (5 %) and the rna imurn percentage for profit shall be five percent (5 %) If the Subcontractor performs the actual. VV or€c, the subcontractors percentage mark -up for overhead and profit shall be a ma imurn addition of ten percent (10 %). If the Contractor does not perform the Work, the maximum mark -up tar managing the W atlk will be five percenk (5 %) r c: 0 0 CL General Conditions of the Contract Page 35 of 51 M CSO STOCK I LAND AN NE B U I LDI NG FENCE REPLACEMENT CEI ENT .3 If the Subcontractor p part of the a ctua I Work, his/her percentage mark- up for overheat{ anti profit shall be a maximum addition of ten percent (10% on his/her direct Work only If the G ntractor performs part of the actual Work, his/her percentage mark -app for ovef 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 Ithrough Project Management, an iternized breakdown of the quantities and prices used in computing the value of any change that aright 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 art no additional cost to the Owner- 7.2.6 If the Contractor ciairn�i that any instructions given to hi Iher by Project Mannagement, by drawings or othorw,rise, involve extra Work not covered by the Contract, he/, shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding Lo exegete the worts, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10 -3- 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 oast brcakdon by labor, material and equipment for each additional activity required to be performed- Mark -ups shall be limited as specified elsewhere in this Article- ,2 Except as otherwisc specifically prov - rded, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given b the Contractor. 7.23 Unless otherwise agreed in writing, the Contractor shall carry on the Work and mairxtain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents, Disputes unresolved shall be settled in accordance with subparagraph 4 -7- The Contractor shall maintain completed daily farce account forms in accordance with subparagraph 7,2,3 for any dispute or clairn item. 7. .8 One or more changes to the Work within the general scope of this Contract, may be ordered by Change Order, The Owner may also issue written directions for changes in the +Nock and may issue Construction Change Directives, as set forth below- The Contractor shall proceed with any such granges or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance w ith the terms and cendi #ions otherwise provided far in the Contract, 7 -2.9 The cecutioo of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work. this Contract as tnas amended, the Contract Price and the time For perforrnarxce by the Contractor. The Contractor, by executing the Change Order, waives and forovcr releases any clairn against the Owner for additional time or compensation for matters relating to, arising out � V 0 0 CL General C onditions of the Contract Nkge 36 of 51 IVICSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT T of or resulting frorn the Worts included within or effected by the executed Cha nge Order of which the Contractor knew or should have €mown. 73 Authority 7 -3 -1 Project Management wilt have authority to order minor changes in the Work not involving adjustment in the C OnTaCt sum or e xtension of the Contract Time and not i9consistent with the intent of the Contract Documents- Such changes shall be effected by writtert order issued through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly- 8.0 TIME 8.1 Definitions 8.1 -1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the ontrai�t Documents for Substantial Completion of the Work- 81.2 The date of commencement of the Work is the daze established in the Not ce to Proceed per this Agreement. The date shalt not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible, 8 -1 -3 The date of Substantial Completion is the date certified by Project Managi�?rnent in accordance with Paragraph 9.8, 8,1.4 The term "day " as used in the Contract Documents shall mean calendar bay unless otherwise sper:ifically defined, 8.1 -5 The Owner /Project Management shalt be the final judge as to whether Sub5taritial Completion has been achieved and certifies the date to the Contractor- 8.2 Progress and Completion 8.2.1 Time lirnits stated in the Contract Documents are of the essence of the C oniract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for perforating the Work- 8.2,2 The Contractor shall not knowingly. except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article I 1 to be furnished by the Contractor- The date of cornmencement of the Work shall not be char7ged by the effective date of such insurance- 8.2,3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time a -3,1 If the Contractor is delayed, at any tirne, in the progress of the Work by any act or neglect of the Owner, Project Management, or the ArchiteGUEngineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in "n5porl.ation, adverse weather conditions not General Conditions of the Contract Page 37 of 51 � c 0 0 CL CL MC50 STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, n by delay authorized by the Owner, Praject ManagemenI., or by any other cause which P raj ect Management determines may justify the delay, than the Contract Time shall be extended by no cost Change Order fof such r time as Project Management may determine, in accordance with subparagraph 6,2,7_ 83,2 Any claim for extersion of time shall be made in wribng to Protect Management not more than Seventy - two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of tirne shall state the cause of the delay and the number of days of extension requested_ if t he causa of th delay is continuing, only one claim is accessary, but the Contractor shall report the termination of the cause for the delay within seventy -two (72) hours after suQh termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived_ 8.3.3 No clairn for an increase in the ConWact Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the ontrar;tor"5 refusal or failure to begin the Waf an the date of commencement as defined in Paragraph 8.1.2, or his1her refusal or failure to carry the Work forward expeditioosIy with adequate forces, the Contractor causing the delay shall be liable For, but not Iimited to. delay claims from other Contractors which are affected_ 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9,11.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documen #s. 9.2 Schedule of Values 9. 2. Before submittal of the first Application for Payment, the Contractor shall submit to Projec# Management_ a schedule of values atlo rated to various portions of the Work, preparers in such farm and supported by such data to substantiate its accuracy as project Management may require. This schedule, unless objected to by Project Managerrrent_ shall be used as a basis for reviewing the Contractor's Applications for Payment. 93 Applications for Payment 9.3.1 At least fifteen (15) days before the date established for each progress payment, the Contractor shall submit to Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarizad and supported by such data substantiating the Contractor's right to payment as the Owner or Protect Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere In the Contract Documents_ � u 0 0 CL General Conditions of the Contract Pate 38 of 51 M CSO STOCK I LAND ANNE C BU IL I NG FETE REPLACEMENT -9 Such applica tions may include request for payment on wccunt of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders- Such applications may not 'seclude requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or ma terial supplier because of a dispute or other reason. 9 -3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suiL8bly stored off the Ile at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and sha include applicable insurance_ storage and transportation to the site for such material3 and equipment stored off the site. Each application for payment of materials stored onsite 43hal€ not exceed the amount of the certified vendor invoice(s) for said materials, less retainage per Sec- 60500, 5,6.1 -5 -8 and F. S. 219 -735 (8)(a)- 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment- The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and }payments received from the Owner shall. to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claima security intere;im or encumbrances in favor of the Contractor, Sub contractors, material suppliers, or other persons or entities reeking a claim by reason of having provided labor, materials an6 equipment re €eting to the Work- All S ub co ntf actors and Sub - subcon tractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for thin administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laboror or rnaterialmen- Such persons must seek payment from the Contractor or his public construction bond surety only- 9.4 Approval for Payment 9.4 -1 Project Management will a5sernble a Project Application for Payment by combining the Contractors applications with similar applications for progress payments from other Contractors and certify trio amounts due on such applicalit)ns- 9-4.2 After the Project Management's receipt of the Project Appliration for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project aoagernent's masons for withholding approval in whole or in part as provided in Subparagraph 9.5-1. 9 -4.3 The issuance of a separate Approval for Payment will constitute representations rnade by Project Management to the Owner, based on their individual observations at the site and General Conditions of the Contract Page 39 of 51 � E� 0 0 CL M CSO STOC K ISLAND ANNEX BU ILDI NG F ENCE REPLACEMENT the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated anti that, to the best of Project 1a nag ernent's knowledge, information and belief, quality of the Works is in accordance with the Contract Documents_ The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substanlial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to comple #ion and to specific qualifications expressed by Project Management_ The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on - site inspections to check the quality or quantity of the Work, ( } reviewed the Contractor`s construction means, methods, techniques, sequences or procedures, {3) reviewed copies of requisitions received ;rom Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (41 made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in hip opinion, the apptication is not adequa supported_ If the Contractor and Project Management nnot agree on a revised arnount, Projea Managerment shall process the Applica #inn for the arnount it deems appropriate_ Project Management may also decline to approve any Application For Payment because of subsequently discovered evidence or subsequent inspections_ It may nullify, in whole or part, any approval previously made to such extent as may lie necessary in its opinion because of, (1) defective VVork not remedied; () third party claims fled or reasonable evidence indicating probable filing of such claims, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, rnaterials, or egcip€nent; (4) re a son a hie evidence that the Work cannot be completed for the unpaid balance of the Contract um; (5) darnage to Project Management, the Owner, or another contractor working at the project; (5) reasonable evidence that the Work will not be completed within the contract tirre: (7) persistent failure to carry out the Work in accordance with the Contract Documents, No payment shall be made to the Contractor until certificates A insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management_ 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld_ 9.6 Progress Payments 9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. and Shall so notify Project f anagernent_ From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Gr)vernmerit Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner J �b 0 0 CL General Conditions of the Contract Page 40 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT until the final payment is made_ The balance of the amount parable. less all previous payments, shall be approved for payment_ It is understood and agreed that the Contractor shall not be entitled to demand or rece4ve progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except wren such excess quantities have been determined by Project Management to be a part of the final quantity for the stern of Work In question. 2 No progress payment shall bind the Owner to the acceptance of arty materials or Work in place, as to duality or quan fty_ All progress payments are subject to correction at the time of final payments_ 9.6.2 The Contraaor shall promptly Pay each Subcontractor, upon receipt of payment from .he Owner, out of the arnount paid to the Contractor on account of such abcontractor`s portion of the Work, the amount to which said subcontractor is entitled, ref3ecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by a ppropriate agrtaMent with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner, 9,6.3 Project Management will, on mquest, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied fur by the Contractor and actioil taken thoreof� by the Owner and project Management on account of portions of the Works clone by such Subcontractor_ 9,6.4 Neither the Owner nor Project Management shall have an obligation to pay, or to see to_ the payment of money to a ubconlraotor except as may otherwise be required by law_ 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in ubparagraph,5 9.6.2. 9.6,3 and 9,6,4, 9.6,6 A progress payment, or paatial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Works not in accordance with the Contract Documents. 9.5.7 All material and work covered by partial payrnentrs, made shall thereupon become the dole property of the Owner, and by this provision shall riot be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restvrr5tion for any damaged material, or as a waiver of the right of th, Owner or Project Management to require the fulfillment of all the terms of the Contract, 9.6.8 Except in case of bona Fide dispu #es, or where the Contractor has some other justifiable reason for delay, the )ntracter shall pay far all transportation and utility services not later than the end of the calendar month following that in which ser ki es are rendered and for all materials, tools. and other expendable equipment which are delivered a: the site of the Project. The Contractor shall pay to each of hip Subcontr not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Oon#ractor 8h8ll, by an appropriate agreement with each Subcontractor, also require 0 0 CL General Conditions of the Contract Page 41 of 51 MCSO S TOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT each Subcontractor to make payments to hisJher suppliers and Sub - subcontractors in a �3irnilar manner_ 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use_ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected, The Contractor shall proceed prgmptly to complete and corretr•.t items on the list_ Failure to ir7clude an item on such list does not alter the re spo nsibi I i ty of the Contractor to complete all Work in accordance with the Contract Documents_ Upon receipt of the list, Project Management will make an inspection to determine whether the York or designated portion thereof is substantialiy complete. If the inspection, discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, ccrplete or correct. suds item upon notification by Project Management_ The Contractor shall then submit a request for another inspection by Project Management, to determirre Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Sub stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate_ Warranties required by the Contract Documents shall commence on the date of ubstantiai Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of SubsAantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate, 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner sham rnak8 pay rnent, reflecting adjustment in retainage, if any. for such Work or portion thereof as provided in the Contract Documents. 9,9 Partial Occupancy or Use 9,9,1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor provided such occupancy or use is consented to by the insurer as required under S ubparagraph 11.3.1 and authorized by public authorities having jurisdiction over the +Nora_ Such partial occupancy or use may commcrice whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of there for payments, retainage if any_ security, maintenance, heat: utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Wank and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Project Management shall jointly prepare a list 0 0 CL General conditions of the Contract Page 42 of 51 III STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT as provided under Sub pa rag raph 9.8,2, Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agre2rnent is reached_ by decision of Project Management, 9.9,2 Immediately prior to such partial oceupAnoy or use, the Owner, Project Management and Contractor shall taintly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upors, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requiremenis of the untrsct Documents, 9A0 f=inal Completion and Final Payment 9.10.1 Upon completion of the Work. thin Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Man age rnent a final Oontractor's Application for Payment_ Upon receipt. Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Goritr8ct Documents and the Contract fuller performed, Project Marnagewent will promptly issue a final Approval for Payment stating that to the best of their knowledge_ information and belief, acrd on the basis of their observations and inspections, the Work has been completed in accordance with terms arYd conditions of the Contract Documents and that the entire bala n r-e found to be due the Contractor and noted in Said final Approval is due and payab[e. Project MLsknagernent's final Approval for Payment will constitute a. further representation that conditions listed in ubparagraph 9.10 -2 as precedent to the Contractor's being entitled to fimn ] I payment have been fulfilled_ 9.10.2 Neither final payment nor any remaining retained percentage Shall. become due until the Contractor submits to Project Managernent ('I ) an affidavit that payrolls, bills far materials and equipment, and other indebtedness connected with the Work far which the Owner or the Owner'8 property might be responsible or encumbered {less arnounts withheld by Owner) have been paid or otherwise satisfied. (2) a certificate evidencing that insurance required by the Contract Documents to rernain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty ( 30) days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial. reason that the insurance will not be renewable to cover the period rewired by the Contract Documents, (4) consent of surety. if any, to final payment and (5), if required by the Owner, ether data establishing payment o satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in SecAion 01027, Application for Payment) are requited for Final Payment: (1) Application and Certificate for Payment_ (2) Continuation Street, (8) Certificate of Substantial Completion, (4) Contractor's Affidavit of Debts and Claims. ( ) Contractor's Affidavit of Release of Liens, (6) Final Release of Lien_ General Conditions of the Contract Page 43 of 51 0 0 CL MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT (7) Contract.or hall provide two (2) Surd copies in tabulated divided binders and one (1) saved electron €caIIy tabbed and indexed in Adobe: Acrobat file (,PDF) format dekivered on a down load able C DJDVO of all tba toIlowkng but not limited to: A- Project Record Documents (As Built Documents) - B- Operating and maintenance data, iristructii�ins to the Owner's personnel. - Warranties, bond and guarantees. D- Keys and keying schedule - E. Spare parks and maintenance materials. F, Ekoctronic copies of approved submittals- G - Evidence of payment and rival release of liens and consorkt of surety to final release (includes fitlal release from all utilities and utility companies). .10 -3 Acceptance of final payment by the Contractor. a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously trade in writing and identified by that payee as unsettled at the time of Final. Applica #ion for Payment. Such waivers scull be in addition to the waiver described Subparagraph 4,7,5, 9 - 11 Payment of Subconbracto3rs 9.11. Any requirement of this Artie €e 9 that the Contractor furnish proof to the Owner or Project Managernerrt that the subcontractors and mate rialmen have been paid is far the protection and convenience of the Owner onky. Unpakd subcontractors and rnaterialmen may only seek payment from the Controctor and the surety that provided the Contractors Public Construction Bond The Contractor must insert this paragraph 9 - 11 irk all its contracts with subcontractors and materiaimen- 10.0 PROTECTION or PERSONS AND PROPE 10.1 Safety Precautions and Programs 10.1 -1 The Gontraoor sh811 be responsible for irkitialing, maintaining and supervising all safety precaulions and programs in connection with the performance of the Contract. The Contractor shall submit the Gontraotor's safety program to Project Mana gem4ent far review. approval and coordination with the safety programs of other Contractors- 10 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl {PCB} which has riot been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Project Management in writing- The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered General Conditions of the Contract Page 44 ct 51 l6,� 0 0 CL CL MCSO STOCK ISLAND ANNE} BUILDING FENCE REPLACEMENT harmless- Tlie Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PC$ ), or when it has been rendered harmless, by written agreement cf the Owner and Co ntractor- 10.1 -3 The Contractor shall not be required {pursuant to Article 7 to pertorm without consent any Work relating to asbestos or polyChlorinatrad hiphenyl (PCB)- 10 -1 -5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the sits by the Contractor, the Contractor shall upon recognizing the condition, immediately stop Wort[ in the affected area and report the condition to Project Management in writing. The Owner, Contractor and Project Management shall then proceed in the same manner described in Subparagraph 10.1,- 10.1 -6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence car the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by khe Contract Documents, trre Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or sate containment of such material or substance- The Contractor and Project Management will promptly reply to the Owner in writing stating whether or riot any of (hecrn has reasonable objection to the persons or entities proposed by the Owner- If tha Contractor or Project Man age rrient has an objection to a person or entity proposed by the Owner, the Owner shall propose ano #her to whom the Contractor and Project Mair iaq( anent have no reasonable objection. 10,2 Safety of Persons and Property 10.11 The Conntractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or icss to: -1 employees on the Work and other persons who may be affected thereby: the Work and materials and equipment to be incorporated therein, whether in storage on or oft the site under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; -3 other property at the site or adjacent there #o. such as trees, shrubs. lawns, walks, pavements, roadways, structures and utilities riot designated for removal, relocation or replacement in the, course of construction; and .4 construction or operations by the Owner or other CQntractors. 10-2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons ar property or their protection from damage, injury or loss, 10,2.3 The Contractor shall erect and maintain, as required by existing conditions and perforrriance of the Contract, reasonable safeguards for safety and protection, including 0 0 CL General Conditions of the Contract Page 45 of 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT T posting danger signs and other warnings agairtst hazards, prornulgahng safety reguletioris and natifyirig owners and users of adjacent sites and utilities- 10 -2 -4 When use or storage of explosives or other hazardous materiels or equipment or unusual methods are necessary for execution of the Work. the Contrac shall exercise utmosi care and carry on such activities under supervision of properly qualified personnel. 10 -2 -5 The Contractor shall promptly remedy damage and loss to property referred to in clauses 10,2.1,2, 10- 2.1 -3, and 10.2,1.4 caused in whole or in part by the Contractor, a ubccntrac:tor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the GQntractor is responsible under Clauses 10- 2,1,2, 10 - -1.3 and 112,1.4, except damage or toss attributable to acts or ornissions of the Owner, Project Management or Architect or anyiDne directly or indirectly employed by arty of them, or by anyone for whose acts any of kN)M may be liable, and not attributable to the fault or negligence of the Contractor- The foregoing obligations of the Contractor are in addition to the Contractor's obllgation3 under Paragraph 3,18. 1026 The Contractor shall designate a responsible member of the Contractor's organization at the site whose dirty shall be the prevention of accidents. This person shall be the Contractor's supefintc-ndent unless otherwise designated by the Contractor in writing to the Owner or Project Managerrtent- 10- -7 The Contractor shall rtvt lead or penrnit any part of [lie construction or site to be loaded so as to endanger i safety- 10.3 Emergencies 10.3 -1 In an emergency efrecting safety of persons or property, the ontractofi shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional ccrnpenaation or extension of time claimed by the Co ntractor on account of an emergency shall be determined as provided in Paragraph 4 - 7 and Article 7, 10 - 4 Site Specific Safety Plan See Section 00970, Project Safe #y and Health Plan, for minirnurn requirements of job site safety plan- 11.0 INSURANCE AND BONG 11 - 1.1 Prior to commencement of Work governed by this contract (including the pre - staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative. the GQ ntractor may require all subcontractors to obtain insurance consistent with the attached schPduJes- 11.1 -2 The Contractor wi II not be permitted to commence Work governed by the Agreement {including pre - staging of personnel and material) until satisfactory evidence of the required A L� 0 0 CL General Conditions of the Contract Page 46 of 51 IVICSO STOCK ISLAND A NE BUILDING FENCE REPLACEMENT EMENT insurance has been furnished to the GGunty as specified below- Delays in the cornm4n ncement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadfines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work comrnenced on the specified date and time, except for the Contractor's failure to }provide . atisfactory evidence of insurance. 11-1-3 The Contractor shall maintain the required insurance throughout the entire terra of this contract and any extensions specified in any attached schedu €e5- 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 cornpletion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work cornrnenced on the specified date and time, except for the Coritractoes failure to provide satisfactory evidence of insurance. 11.1,4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either: Certificate of Insurane or a certified copy of the actual insurance policy- 11.1-5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11 -1 -5 All insurance policies must speoify that they are not subject to Cancella #ion, nonrenewal, mater €al change, or reduction in coverage uTiless a rninirnurn of thirty ( 0) days prior notification is given to the County by the insurer. 11 -1 -7 The acceptance and/or approval of the Contractor's insurance shall riot be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by €aw- 11.1 -8 The Monroe County Board of County Commissioners, i #s empioyrees and officials will be Included as `Additional Insured" on all policies, except for Worker's Compensation, 11.1 -9 In addition, the County will be named as an additional insured and loss payee an all policies covering oun #y -owned property- 11 . 1. 10 Any deviations from these General Insurance Requirewents must be requested, in writing on the County prepared form entitled "Request for Waiver of insurance Requirements' and approved by the Monroe County's Ria Manager- 11,2 Builder's Risk Insurance: See Section GO130, Insurance Requirements and Forms, for the minimum requirernents- 11.3 Public Construction Bond 11.3,1 A Public Construction Band must be issued by an A rated S urety Company doing business in the State of Florida. 0 0 CL 12.0 UNCOVERING AND CORRECTION OF WORK / C General Conditions of the Contract Page 47 of 51 IVICSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT 12.1 Uncovering of Work 1 2. 1. 1 If a portion of the Work is covered contrary to Project Management's request or to regoirernents specifically expressed in the Con tract Documen�s, it must, if required in writing by Project Manage ment, be uncovered f or their observation and be replaced at thP, Contractor's expense without change in the Contract Time- 12-1.2 If a portion of the Work has been covered vwhich ProiE- t Management has not specifically requested to observe prior to its being covered, Project Management may request to see such Work and it sha €1 be uncovered by the Contractor_ if such Work is iri accordance with the Contract Documents, desks of uncovering and repiacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents_ the Contractor shall pay such posts unless the condition was caused by thie Owner or one of the other C oritractors in which event the Owner sham be responsible for payment of such costs- 12.2 Correction of Work 12.2.1 The Contractor sha11 promptly correct Work rejected by Project Management or falling to conform to the requirements of the Contract Documents whether observed bafore or after Substantial Completion and whether or not fabrfcated, installed or completed, The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby- 12.2.2 If. within one (t year after the date of Substantial C Dmpletion of the Work or designated portion the -reof, or after the date For commencement rrf warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, aroy of the Work is found to be not in accordance with the requirements of the ontraet Documents, the Contractor shall correct it promptly after receipt of written nr)tice from the Owner to do so unless the Owner has previously given the Contrador a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of Urns between Substantial Completion and the actual performance of the Work. Tins obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination cf the Contract The Owner shall give such notice promptly after discovery of the condition, 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the CFontraGtor nor accepted by the Owni 12- .4 1 the Contractor fails to correct nonconformincg Work within a reasonable throe, the Owner may correct it in accordance with Paragraph 2.4- If the Contractor does net proceed with correction o. such nonconforming Work within a reasonab €e time fixed by written notice from Project Management, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense- If the Cont d oes not pay coMs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days written notice sell such materials and equipment at auction or at General Conditions of the Contract Flage 48 of 51 0 0 CL CL MCSO STOCK ISLAND ANNEX B UILDING FENCE REPLACEM private sale and shall account for the proceeds thereo}, after deducting cash and damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby_ It such proceeds of sale de not cover casts which the G ntrae should have home, the Don #Fact S u sha]I be reduced by the deficiency, if payments then or thereafter due the Contractor are not sufficient to corer such amount, the Contractor shall pay the difference to the Owner, 122,5 The rintractor shall bear the cost of oorrecbng destroyed or damaged construction, whether completed or partially completed_ of the O r7er or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents, 12.2,6 ?clothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docurnernts, Establishment of the time period of one (1) year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced_ nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con tfactor:s obligations other than specifically to correct the Worts_ 12,3 Acceptance of Nonconforming Work 1 2.3.1 If the Owner prefers to accept Wert[ which is not in accordance with the requirements of the Contract Documents, the Owner may do so irnstead of requiring its removal and correction, to which case the Contract Sum will be reduced as appropriate and equitable_ Such adjustment shall be effected whether or not final payment has been made, 13.6 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13,1.1 The contract shall ba governed by the laws or the State of Florida. Venue for and+ claims or disputes arising uctder this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida_ 13.2 Successors and Assigns 13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds himselflherself, his1her partners, successors, assigns, and legal representatives of such other party in respect to all covt�nants, agreements, and obligations contained in the Contract Documents, Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other_ 13,2.2 The Contractor shall riot assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Not used. T� 4 0 0 CL General Conditions of the Contrack Page 49 of 51 M ST OC K ISLAND ANNEX BUILDING FENCE REPLACEMENT EMENT 13.4 Rights and Remedies 13,4.1 Duties and obliga tions imposed by the Contract Documents and rights and remedies available thereunder shrill be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, 13.4.2 N o action or failure to ad by the Owner, Project MarTagoment. Archite c1 or Contractor dealt constitute a waiver of a right or duty af€orded there under the contract. nor shall such action or failure #o act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed In writing, 13.5 Tests and Inspections 13.5.1 Tests, inspectimona aTA approvals of portions of the Work required by the Contract Documents Or by laws_ ordinances, rules: regulations or orders of public authorities having jurisdiction shall be made at an appropriate time_ Unless otherwise provided the Contractor shall matte arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals, The Contractor small give Project Management timely notice of when and where tests and irrspoctions are to be made so Project Management may observe such procedures_ The Owner shall bear cents of test, inspections or approvals which do no# become requirements until arter bias are received or negotiations concluded_ 13.5.2 if Project Management, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Project Managemeent will upon written authorL�ation from the Owner. instruct the Contractor to make arrangements for such additional testing_ inspection or approval by an entity acceptable to the Owner, and the Contractor shall give tamely notice to Project Management of when and where tests and inspections are to be Tnade so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5_:3, 13,5,3 If such procedures for testing, inspection or approval under Subparagraphs 13.5 - and 13,5.2 reveal failure of the portions of the Work to comply with requirements esuab ished by the Contract Documen the Contractor Shall bear all costs rnade necessary by such failure including those of repeated procedures and compensation for Project Managemen services and expenses. 13.5_4 Required certificates of testing, inspection or approval shall_ unless otherwise required by the Contract Documents, be secured by the Contractor 8nd. promptly delivered to Project Management_ 13.5.5 If Project Management is to observe tests, inspections or approvals required by the Contract Documents_ Project Management will do so prornptly and, where practicable. at the normal place of testing_ 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in Me Work. 0 0 CL General Conditions of the Contract Page 50 cif 51 MCSO STOCK ISLAND ANNEX BUILDING FENCE REPLACEMENT EMEITT 13.7 Comirnenrement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to tfris con #act are as provided in Se0an 95.11 (3) (C), Florida Statutes_ 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 44,1,1 The Owner may term 1nate the Contract if the Contractor: .1 persistently or repcaledly refuses or tails to supply enough properly skilled workers or proper materials; 2 fails to make payment to Subcontractors for rnateriala or labor in accordance with the respective agrcements between the Contractor and the Subcontractors: _3 persistently disregards laws, ordinances. or rules, regulatlons or orders of a public authority having Jurisdiction; or 4 Otherwise is guilty of substantial breach of a provision of the Contract Documents- 14-1-2 When any of the above reasons exist, the Owner, after consuttation with Project Managernent, and upon certification by Projc t Management that uff bent cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seventy -two (7 2) hours written notice, termiriate employment of the Contractor and may, subject to any prior rights of the surety .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor, .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and _3 finish the Work by whatever reasonable method the Owner may deem expedient_ 14.1,3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1_t_ the Contractor shall not be entitled to receive further payment until the Work is finished_ 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Wofk in whole or in part for such period of bme as the Owner may determine_ 14.2,2 In the event of Termination, the Owner shall pay for work completed to date of Termination. General Conditions of the Contract Page 51 of 51 0 0 CL