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Item P2M 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: P.2 Agenda Item Summary #3197 BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292 -4523 N/A AGENDA ITEM WORDING: Approval of a contract between Monroe County and S.B. Painting and Grounds Maintenance, Inc. in the amount of $67,942.00 to paint the exterior of the Murray E. Nelson Government and Cultural Center. This is funded through the Ad Valorem tax. ITEM BACKGROUND: The Murray E. Nelson Government and Cultural Center (MEN Bldg.) was constructed in 2007. The facility has not received exterior paint since construction. The building needs complete exterior paint work due to weatherization and deterioration. Due to the bid opening date, S.B. Painting has not been able to provide an executed copy of the proposed contract for it to be placed on the agenda by deadline. The contract signed by S.B. Painting will be supplemented to the AIS or it will be provided to the Clerk after BOCC approval. PREVIOUS RELEVANT BOCC ACTION: 11/15/06 - BOCC approved the contract to construct the MEN Bldg. for $10,867,266.00. 5/17/17 — BOCC approved advertisement of RFP for painting of MEN Bldg. CONTRACT /AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval. DOCUMENTATION: Murray Nelson Bldg. Painting RFP Murray Nelson Bldg. Painting BID Tab Sheet Contract S.B. Painting and Grounds Maintenance, Inc. for Murray Nelson Bldg. Painting FINANCIAL IMPACT: Effective Date: July 19, 2017 Expiration Date: Total Dollar Value of Contract: $67,942.00 Total Cost to County: $67,942.00 Current Year Portion: $67,942.00 Budgeted: Source of Funds: 20501 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO Grant: County Match: Insurance Required: Additional Details: If yes, amount: Contract is for $67,942.00 08/16/17 001 -20501 - FACILITIES MAINTENANCE $67,942.00 REVIEWED BY: Cary Knight Completed 07/10/2017 8:24 AM Chris Ambrosio Completed 07/10/2017 9:36 AM Budget and Finance Completed 07/10/2017 10:03 AM Maria Slavik Completed 07/10/2017 10:04 AM Kathy Peters Completed 07/10/2017 10:06 AM Board of County Commissioners Pending 07/19/2017 9:00 AM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Danny Kolhage, District 1 Heather Carruthers, District 3 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Assistant County Administrator PW &E Kevin Madok Kevin G. Wilson, P. E. May 2017 PREPARED BY: Monroe County Project Management Department Contents SECTION00030 .............................................................................................................. ............................... 5 NOTICE OF CALLING FOR PROPOSALS ....................................................................... ............................... 5 SECTION00100 .............................................................................................................. ............................... 6 SUMMARYOF THE WORK .......................................................................................... ............................... 6 SECTION00110 .............................................................................................................. .............................10 INSTRUCTIONS TO PROPOSERS .................................................................................. .............................10 SECTION00120 .............................................................................................................. .............................20 PROPOSALFORM ....................................................................................................... .............................20 SECTION00130 .............................................................................................................. .............................33 INSURANCE REQUIREMENTS AND FORMS ................................................................ .............................33 SECTION00140 .............................................................................................................. .............................41 PRE — PROPOSAL SUBSTITUTIONS ................................................................................ .............................41 SECTION00200 .............................................................................................................. .............................46 SITESURVEY ............................................................................................................... .............................46 SECTION00350 .............................................................................................................. .............................47 MILESTONE SCHEDULE /LIQU[DATED DAMAGES ....................................................... .............................47 SECTION00500 .............................................................................................................. .............................49 AGREEMENT............................................................................................................... .............................49 SECTION00750 ............................................................................................................ ............................... 66 GENERAL CONDITIONS OF THE CONTRACT ............................................................... .............................66 SECTION00970 .............................................................................. ............................... ............................105 PROJECT SAFETY AND HEALTH PLAN ......................................... ............................... ............................105 SECTION00980 .............................................................................. ............................... ............................119 CONTRACTORQUALITY CONTROL PLAN .................................... ............................... ............................119 SECTION01015 .............................................................................. ............................... ............................127 CONTRACTOR'S USE OF PREMISES ............................................ ............................... ............................127 SECTION01027 .............................................................................. ............................... ............................129 APPLICATION FOR PAYMENT ..................................................... ............................... ............................129 SECTION01030 .............................................................................. ............................... ............................140 ALTERNATES............................................................................... ............................... ............................140 TABLE OF CONTENTS Page 2 of 214 CL U— cu 0. 0 �a �a z cu E 0 m SECTION01040 ...................................... . ........ . ......................................................................................... 141 PROJECTCOORDINATION .......................................................... ............................... ............................141 SECTION01045 .............................................................................. ............................... ............................145 CUTTING AND PATCHING ........................................................... ............................... ............................145 SECTION01050 .............................................................................. ............................... ............................149 FIELDENGINEERING ................................................................... ............................... ............................149 SECTION01200 .............................................................................. ............................... ............................152 PROJECTMEETINGS ................................................................... ............................... ............................152 SECTION01301 .............................................................................. ............................... ............................160 SUBMITTALS............................................................................... ............................... ............................160 SECTION01310 .............................................................................. ............................... ............................164 PROGRESSSCHEDULES ............................................................... ............................... ............................164 SECTION01370 .............................................................................. ............................... ............................166 SCHEDULEOF VALUES ................................................................ ............................... ............................166 SECTION01385 .............................................................................. ............................... ............................168 DAILY CONSTRUCTION REPORTS ............................................... ............................... ............................168 SECTION01395 .............................................................................. ............................... ............................170 REQUEST FOR INFORMATION (RFI) ........................................... ............................... ............................170 SECTION01410 .............................................................................. ............................... ............................172 TESTING LABORATORY SERVICES ............................................... ............................... ............................172 SECTION01421 .............................................................................. ............................... ............................175 REFERENCE STANDARDS AND DEFINITIONS .............................. ............I.................. ............................175 SECTION01500 .............................................................................. ............................... ............................182 TEMPORARYFACILITIES ............................................................. ............................... ............................182 SECTION01520 .............................................................................. ............................... ............................184 CONSTRUCTIONAIDS ................................................................. ............................... ............................184 SECTION01S50 .............................................................................. ............................... ............................186 ACCESS ROADS AND PARKING AREAS ........................................ ............................... ............................186 SECTION01560 .............................................................................. ............................... ............................187 TEMPORARYCONTROLS ............................................................ ............................... ............................187 SECTION01590 .............................................................................. ............................... ............................189 FIELDOFFICES AND SHEDS ......................................................... ............................... ............................189 SECTION01595 .............................................................................. ............................... ............................190 TABLE OF CONTENTS Page 3 of 214 0- u- cu 0- 0 �a �a z cu E 0 m CONSTRUCTION CLEANING ........................................................ ............................... ............................190 SECTION01600 .............................................................................. ............................... ............................192 MATERIALAND EQUIPMENT ..................................................... ............................... ............................192 SECTION01630 .............................................................................. ............................... ............................194 POST - CONTRACT SUBSTITUTIONS ............................................. ............................... ............................194 SECTION01640 .............................................................................. ............................... ............................199 PRODUCTHANDLING ................................................................. ............................... ............................199 SECTION01700 ............................................................................... ............................... ...........................201. CONTRACT CLOSEOUT ........................................................................................... ............................... 201 SECTION01710 .............................................................................. ............................... ............................204 FINALCLEANING ........................................................................ ............................... ............................204 SECTION01720 .............................................................................. ............................... ............................206 PROJECT RECORD DOCUMENTS ................................................. ............................... ............................206 SECTION01730 .............................................................................. ............................... ............................209 OPERATION AND MAINTENANCE DATA .................................... ............................... ............................209 SECTION01740 .......................................................................................................... ............................... 212 WARRANTIES.......................................................................................................... ............................... 212 TABLE OF CONTENTS Page 4 of 214 CL LL cu 0- 0 �a �a z cu E MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00030 NOTICE OF CALLING FOR PROPOSALS NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that on June 27, 2017, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at http: / /www.demandstar.com OR www.monroecou_ntybids.com or call toll -free at 1- 800 -711 -1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street; Room 2 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Citizen Wed., 5/24117 Keynoter Sat., 5127117 Reporter Fri., 5126117 End of Section 00030 NOTICE OF CALLING FOR PROPOSALS 00030- Page 5 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00100 SUMMARY OF THE WORK A NOW MANDATORY Pre - Proposal Conference shall be held at 102060 Overseas Highway, Key Largo on June 9, 2017 at 8:00 A.M. 1. General Project Intent The intent of the Drawings and Specifications is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings, Specifications, and Contract documents are complimentary, and what is required by one shall be as binding as if required by all. 2. Scope of Work The Scope of Work shall include, but not be limited to: Contractor to pressure clean all exterior surfaces prior to any preparations or coatings applied. Wall and Ceilings: Apply Sherwin - Williams approved elastomeric patch to all hairline cracks or fractures on existing masonry surfaces. Apply one coat of Sherwin - Williams Hot Stucco Primer to new, Bare stucco areas. Sea] the entire exterior masonry surface with a coat of Sherwin- Williams Loxon Acrylic Sealer to properly prepared stucco walls and ceilings. Apply two coats of Sherwin - Williams Resilience 100% Acrylic Coating System to all Sealed /Primed walls and ceiling surfaces. Wood: Facia Patching or filling in any needed wood surface areas. Apply a coat of Sherwin - Williams Oil -Based Wood primer to any bare or new wood surfaces. Apply two coats of Sherwin- Williams Resilience 100% Acrylic Coating System to all properly prepared wood surfaces. Metal: Shutters. Treating all exposed rusted metal surfaces by wire brushing loose rust off. Applying Sherwin - Williams Rust Inhibitive Metal Oil Primer to all rusted metal surfaces. Apply two coats of Sherwin - Williams Finish Paint to all exterior metal surfaces to be coated. 3. Milestone Dates The Contractor is to note the following special milestone dates. 1. Proposal Documents Available 2. Pre - Proposal Conference May 24, 2017 June 9, 2017 I 3. Last Day to Submit BFI's June 16, 2017 SUMMARY OF THE WORK 00100- Page 6 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR FAINTING 4. Proposal Due Date June 27, 2017 5. Notice to Proceed & Pre- Construction Meeting (Anticipated) August 1,2017 6. Substantial Completion (Anticipated) October 1, 2017 4. 5. Permits The Contractor will be responsible to obtain all necessary permits and approvals for the work including: Monroe County Building Dept., and any other permitting or regulatory agencies as applicable. Special Provisions The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the Contractor and his subcontractors. Contractor shall submit copies to Project Management prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3. If in the event of conflicting, or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Project Management in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720, Project Record Documents), of his work progression. 5. The Contractor shall not store materials, tools or debris inside the building without written permission. The Contractor shall take all means necessary to contain dust and debris as an integral part of the work. The Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. 6. Construction shall be conducted in such a manner as to cause the least possible interruption to normal County business. Necessary access to and from adjacent buildings and the parking area shall be provided at all times. 7. Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each day's work shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal work period /day. I SUMMARY OF THE WORK 00100- Page 7 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 8. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited Monday - Friday 8:00AM-- 5:00PM work hours. Any change to the agreed upon schedule must be obtained in writing with a minimum of seventy -two (72) hours advanced notice. 9. Weather intrusion and unauthorized access to the Project Site due to construction activities shall be prevented by the Contractor's careful scheduling of work, or other means satisfactory to the Owner. 10. Special Project Signs; Notice of Facility Closure: NIA 11, Monroe County Project Management Temporary Facilities: NIA 12. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing, which are due to reasonably foreseeable circumstances, shall be denied and shall remain the sole risk and expense of the Contractor Field measured dimensions shall be obtained by the Contractor prior to placing orders for fabrications or prefabricated materials. Adjustments, delays, re- fabrications, or replacement materials due to inaccurate information are the sole responsibility of the Contractor. 13. The contract shall not 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. 6. Protection 1. The Contractor shall use every available precaution to provide for the safety of ° property owner, visitors to the site, and all connected with the work under the Contract. U- 2. All existing facilities, both above and below ground, shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must CU remain open to traffic unless otherwise permitted. 3. Barricades shall be erected to fence off all construction areas from operations personnel and the general public. Fence posts shall have bases that eliminate the need to penetrate the ground for support. 7. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. SUMMARY OF THE WORK 00100- Page 8 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 2. The Contractor shall: a. Comply with all Federal, State, Local and Owner Fire and Life Safety requirements. b. Advise Owner whenever work is expected to be hazardous to owner employees and/or operations. c. Maintain a crewman as a floor area guard whenever roof and or decking is being repaired or replaced. d. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 8. Housekeeping 1. Keep materials neat and orderly. 2. Remove scrap, waste, and debris from project area daily. 3. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. 4. Maintain Fire protection during construction. 5. Housekeeping required on a daily basis. End of Section 00100 CL U- CU 0- cc r- 0 Z CU MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00110 INSTRUCTIONS TO PROPOSERS To be considered, Proposals must be made in accordance with these Instructions to Proposers. ARTICLE 1 DEFINITIONS 1.1 Terms used in these Instructions to Proposers, which are defined in the General Conditions, shall have the same meanings or definitions as assigned to them in the General Conditions. 1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the Work for the sums stated therein, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Proposal Documents. In this Request for Proposals the word "Bid" is used interchangeably for "Proposal" or "Response ". 1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees or consultants prior to the receipt of Proposals, which modify or interpret the Proposal Documents by additions, deletions, clarifications, or corrections. 1.4 Allowance is a given amount to be included in the Proposer's proposal. From this Allowance, payments will be made to the vendor for the specified service or project. If the Contractor is responsible for making payments, he/she will be reimbursed for the payments to the vendor via presentation of invoices in his/her monthly payment application. Allowance includes labor, materials, installations, permits, etc. 1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described in the Proposal Documents, is accepted by Owner. 1.6 Architect/Engineer is the Architect or Engineer hired by the County to design the project. 1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to perform the Work described in the Proposal Documents as the base, to which may be added or from which Work may be deleted for sums stated in an Alternate Proposal or Owner Option Proposals. 1.8 Proposer is a person or entity who submits a Proposal to the solicitation. 1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to Proposers, Proposal, Pre - Proposal Substitutions, Scope of Work, Milestone Schedule and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior I INSTRUCTIONS TO PROPOSERS 00110 - Page 10 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING to execution of this Agreement, together with the response to RFP and all required insurance and license and certification documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 1.10 Local Business means, as specifically defined in Monroe County Code Section 2- 349(b), the vendor has a valid receipt of the business tax paid as issued by Monroe County Tax Collector at least one (1) year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and 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 with the Florida Department of State as its principal place of business for at least one (1) year prior to the notice of request for bids or proposals. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 1.11 "Owner" is synonymous with "Monroe County ". 1.12 "Perform" means to comply fully with the specified or implied requirements of the r_ Contract. 1.13 "Provide" means "furnish and install ". Wherever "provide" or "furnish and install" are used, this shall mean the purchase and complete installation, and all purchasing CU requirements and procedures, as per the specified or implied requirements of the Contract. 0 1.14 Sub - bidder is a person or entity who submits a bid to a Proposer for materials or labor > Tor a portion of the Work. CL 1.15 "Unit Price" means an amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Proposal Documents or in the proposed contract documents. Unit prices shall apply to change orders. ARTICLE 2 CL COPIES OF PROPOSAL DOCUMENTS, 2.1 Proposers may obtain complete sets of the Proposal Documents from DemandStar by CU Onvia at www.demandstar.com or www.monroecountybids.com or call toll -free at 1 -800- 6 711 -1712. 2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals. r_ Neither the Owner nor Project Management, nor their agents, nor the Architect/Engineer � assumes any responsibility for errors or misinterpretations resulting from the use of > incomplete sets of Proposal Documents. CU INSTRUCTIONS TO PROPOSERS 00110- Page 11 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses will result in a non- responsive proposal. ARTICLE 3 EXAMINATION OF PROPOSAL DOCUMENTS AND SITE 3.1 Before Submitting a Proposal: 3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents. 3.1.2 Each Proposer shall visit the site to familiarize himself /herself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.1.3 Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and responsibilities assumed under this Proposal. 3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should he /she be in doubt as to their meaning, he shall at once notify the Owner, in writing by e-mail to Chris Rivera at rivera-chris@monroecounty-fl.gov . 3.2 The lands upon which the Work is to be performed, right -of -ways for access thereto and other lands designated for use by the Contractors in performing the Work are identified in the General Requirements or Drawings. 3.3 Each Proposer shall study and carefully correlate his observations with the Proposal Documents. 3.4 The submission of a Proposal will constitute a representation by the Proposer that he /she has complied with every requirement of Article 3 and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. ARTICLE 4 INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS 4.1 Proposers and Sub - proposers shall promptly notify the Director of Project Management in writing of any ambiguity, inconsistency or error that they may discover upon examination of the Proposal Documents or of the site and local conditions. 4.2 Proposers and Sub - proposers requiring clarification or interpretation of the Proposal Documents shall submit their questions in writing to the Director of Project Management no later than ten (10) business days prior to the date for receipt of Proposals (see 3.1.4). Any answer, interpretation, correction or change of the Proposal Documents will be accomplished by Addenda. Copies of Addenda will be made available for inspection at DemandStar by Onvia INSTRUCTIONS TO PROPOSERS 00110- Page 12 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING at http: / /www.demandstar.com or http: / /www.monroecountybids.com or call toll -free at 1- 800- 711 -1712. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5 PROPOSALPROCEDURE 5.1 FORM AND STYLE OF PROPOSAL 5.1.1 The Proposal shall be submitted on the forms included in Section 00110 of these Proposal Documents with the exception of the Proposal Bond, which may be submitted in alternate forms as described in Section 5.3.1 of these Instructions to Proposers. Each of the forms in Section 00110 must be properly filled out, executed, and submitted as the Proposal. 5.1.2 All blanks on the Proposal Form shall be filled in with ink or by typewriter. 5.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Failure to comply with this requirement shall constitute a non - responsive proposal. 5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Proposal. 5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is required, enter "No Change ". Failure to comply with this requirement shall constitute a non - responsive proposal. 5.1.6 All requested Allowances shall be proposed. Failure to comply with this requirement shall constitute a non - responsive proposal. 5.1.7 The Proposer is required to submit a copy of the appropriate and current Contractor's license (Monroe County or State) as part of the Proposal CL U_ 5.2 ADDENDA 5.2.1 Each Proposer shall ascertain prior to submitting his Proposal that he/she has received CU all Addenda issued, and he/she shall acknowledge their receipt in his/her Proposal. However, in case any Proposer fails to acknowledge receipt of such addenda, his/her 6 Proposal will nevertheless be construed as if it had been received and acknowledged, Co and the submission of the Proposal will constitute acknowledgement of receipt of the r_ addenda. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before Proposals are opened. 5.2.2 No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for INSTRUCTIONS TO PROPOSERS 00110- Page 13 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Proposals or one which includes postponement of the date for receipt of Proposals. 5.2.3 Copies of Addenda will be made available for inspection where Proposal Documents are on file for that purpose. See Article 4.2 above. 5.3 PROPOSAL SECURITY 5.3.1 Each proposal shall be accompanied by a Proposal Security in the amount equal to five percent (5 %) of the Proposer's maximum bid price by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in §255.051, Florida Statutes and as amended (certified check, cashier's check, treasurer's check or bank draft of any national or state bank). If the security is in the form of a check or draft, it shall be made payable to Monroe County BOCC. 5.3.2 The Proposal surety constitutes a pledge and guarantee by the Proposer that the Proposer will enter into a Contract with the Owner on the terms stated in his Proposal and the solicitation documents if the Proposer is the successful bidder. Bid securities may remain in the custody of the County OMB for up to ninety (90) days from the bid opening date or until forfeited or released. The bid security of the successful bidder shall be returned to the bidder after (a) the bidder executes the contract, (b) delivers a good and sufficient performance bond, payment bond, and required proof if insurance as may be required in the contract documents, and (c) commences performance of the contract. If after the Board of County Commissioners accepts the bid to a competitive solicitation the successful bidder refuses or is unable to execute the contract to provide the required contract bonds or proof of insurance, or commence performance, the County may annul the Notice of Award, and the bid security will be forfeited to, and become the property of, the County as liquated damages for the County's loss of bargain. 5.3.3 The proposal security of any Proposer may be retained by the County set forth in section 5.3.2 above, or for up to ninety (90) days from the date when all Proposals have been rejected. 5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS 5.4.1 The overall schedule for construction is shown in the Proposal Documents "Milestone Schedule" at Section 00350. 5.4.2 The Contractor will be required to provide adequate manpower and equipment in order to meet the requirements of the schedule. 5.4.3 Proposer shall determine all permits, impact fees, inspections, testing and survey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. Proposer shall include in his proposal the cost of all such permits, impact fees, inspections, testing, and surveys for the project site /building. The Contractor shall be required to secure all such permits, impact fees, inspections, testing, surveys, and to provide all installation and permitting, required for the execution of this Contract. The County will assess County building permit and County impact fees. The I INSTRUCTIONS TO PROPOSERS 00110- Page 14 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Contractor shall be responsible for any and all building permit costs or impact fees required for the substantial completion of this project. 5.4.4 The Contractor shall be responsible to secure and pay for all testing services of an independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or governing authorities. Contractor shall include the cost of all inspection and testing fees in his bid proposal. 5.5 SUBMISSION OF PROPOSALS 5.5.1 Proposals shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Proposals indicated in the Notice of Calling for Proposals, or any extension thereof made by Addendum. Proposals received after the time and date for receipt of Proposals will be returned unopened. 5.5.2 Two signed (2) originals and two (2) copies one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CDIDVD of the proposal setting forth all proposal documents (total equals five) are to be submitted. Place the proposal security in its own separate envelope, marking on the outside "Proposal Security ", and place all other proposal documents in another envelope, marking on the outside "Proposal Documents ". Both envelopes are to be inserted in one (1) larger envelope. If the Proposal is hand - delivered, the envelope shall be filled out as follows: In the upper left hand corner, place the Proposer's name and address. 2. In the center of the envelope, put the following: Monroe County Purchasing Department 1100 Simonton Street, Room 2 -213 Key West, FL 33040 3. In the lower left hand corner, put the following: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING CL DATE TIME Tuesday June 27, 2017 3:00pm If the Proposal is sent by mail or courier, the sealed envelope shall be enclosed in a CU CL separate mailing envelope with the notation "SEALED PROPOSAL ENCLOSED" on the 6 face thereof, and then address the mailing envelope in the conventional manner. en 5.5.3 The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. 5.5.4 Oral, telephonic, telegraphic, faxed, and emalled Proposals are invalid and will not receive consideration. INSTRUCTIONS TO PROPOSERS 00110- Page 15 of 214 CULTURAL CENTER EXTERIOR PAINTING 5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS 5.6.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in paragraph 5.7 Right to Claim Error in PROPOSAL, and each Proposer so agrees in submitting his/her Proposal. 5.6.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete Proposal as modified. All envelopes shall be marked "Modified Proposal ". Delivery shall comply with requirements for the original proposal. 5.6.3 Proposals may be withdrawn prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. 5.6.4 Proposal Security shall be in an amount equal to 5% of the of the modified proposal price. See Article 5.3.1 for description of the form of the proposal security. 5.6.5 Conditional, modified, or qualified proposals will be rejected. Proposers are to comply with the instructions on the proposal forms, and not make any changes thereto. 5.7 RIGHT TO CLAIM ERROR IN PROPOSAL 5.7.1 Each Proposer's original work papers, documents, and materials used in preparation of the proposal shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than twenty -four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. Proposers who fail to submit their original work papers, documents, and materials used in the preparation of the proposal, as provided herein, waive all rights to claim error in the Proposal. CL 5.7.2 Owner will review documents submitted within the designated time frame for the purpose U_ of determining the validity of the Proposer's claim. 5.7.3 Following review of the Proposer's claim at the election of the Owner, the Owner may: CU a. Allow the Proposer to withdraw the Proposal and the Owner retains the Proposal Security. 6 b. Allow the Proposer to withdraw the Proposal and the Owner returns the Proposal Security. r_ C. Allow the Proposer to enter into contract for the proposed Work at the original Proposal price. z ARTICLE 6 CONSIDERATION OF PROPOSALS INSTRUCTIONS TO PROPOSERS 00110- Page 16 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 6.1 OPENING OF PROPOSALS 6.1.1 The properly identified Proposals received on time will be opened at the Monroe County Purchasing Department. The public is permitted to be present. 6.1.2 Any Proposal not received by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Proposals will be returned unopened. 6.2 PROPOSALS TO REMAIN OPEN 6.2.1 All Proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Proposals. 6.2.2 The Owner may, at its sole discretion, release any Proposal and return the Proposal Security before the ninety (90) days period has elapsed. 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all proposals, or any part of a proposal. The Owner reserves the right to waive variations from the specifications that do not render the proposal non - conforming. The Owner retains the right to disregard non - conformities, non - responsive proposals or conditional proposals in the best interest of the County. 63.2 In evaluating Proposals, the Owner shall consider the qualifications of the proposers and whether or not the Proposals comply with the prescribed requirements in the Proposal Documents. 63.3 The Owner shall have the right to accept alternates in any order or combination and to determine the low proposer on the basis of the sum of the Base Proposal plus Alternates selected by the Owner. The Owner reserves the right to reject any or all Alternates in the selection process as is deemed necessary to keep the project within budget. CL U_ 6.3.4 The Owner may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work as identified in CU the Proposal Documents. Proposers shall submit their listing of subcontractors. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this 6 purpose. en 63.5 Where legally acceptable the Owner shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2 -349 of the Monroe County Code. 6.3.6 Individuals or firms which meet all the criteria in Section 2 -349 of the Monroe County Code and are a conforming and responsible proposer shall receive local preference and INSTRUCTIONS TO PROPOSERS 00110- Page 17 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING shall be given an amount not to exceed two and one half percent (2.5 %) of the lowest nonlocal responsive and responsible proposer. Total proposal price shall include the base proposal and all alternatives or options to the base proposal which are part of the proposal and being recommended for award by the appropriate authority. 6.3.7 If the Local Business subcontracts fifty percent (50 %) or more of the goods, services or construction to other "Local Businesses" which meet all of the criteria in Section 2-349 of the Monroe County Code, an additional two and one half percent (2.5 %) preference will be given of the lowest nonlocal responsive and responsible proposer. 6.3.8 The application of local preference may be waived upon written recommendation by the Owner and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, or professional services sought to be purchased by the Owner. 6.3.9 The Owner may conduct such investigations, as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 6.3. 10 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 6.3.11 If the Contract is awarded, it will be awarded to the lowest, conforming responsible, responsive Proposer, with consideration to local businesses. 6.3.12 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals. The Owner reserves the right to return all Proposals, not make any awards, and cancel the Project. 6.3.13 The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Owner in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. The Contractor agrees that the amount of the purchase and the appropriate tax credit will be CU the subject of a deductive change order in recognition of the fact that the purchase and taxes were computed into the contractor's costs. 6.4 EXECUTION OF CONTRACT 6.4.1 The contract shall be put in final form by Project Management and given to the Contractor for signature. The Contractor shall sign and deliver all three (3) originals of the Contract Agreement to Project Management within ten days after receipt of a contract from Project Management. All other Contract Documents such as Insurance INSTRUCTIONS TO PROPOSERS 00110- Page 18 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Certificates are to be provided to Project Management within fourteen (14) days after approval of the contract by the Board of County Commissioners. A Notice to Proceed will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions. In no event shall the failure of the Contractor to provide satisfactory Insurance Certificates within the stipulated time be cause for an extension of the contract time. Project Management will return one (1) fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner. 6.5 OWNER'S RIGHT TO RETAIN PROPOSAL BOND AND AWARD TO NEXT LOWEST CONFORMING RESPONSIBLE PROPOSER In the event the Contractor is given Notice of Award in 6.3 above and fails to execute and deliver all contract documents required in 6.4 above, the Owner may exercise its right to retain the proposal bond and award the contract to the next lowest conforming responsible responsive proposer. ARTICLE 7 SPECIAL LEGAL REQUIREMENTS 7.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. 7.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a > public entity for the construction or repair of a public building or public work, may not CL submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted CL vendor list. End of Section 00110 CU 0- INSTRUCTIONS TO PROPOSERS 00110- Page 19 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 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 1. Proposal Form 2. Bid Bond (Proposal Security) 3. Non - Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Local Preference Form 7. Public Entity Crime Statement 8. Subcontractor Listing Form 9. Insurance Requirements and Checklist 10. Workers Compensation and Employers' Liability 11. General Liability 12. Vehicle Liability 13. Builders Risk (If needed) 14. Proposer's Insurance and Indemnification Statement 15. Insurance Agent's Statements 16. 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 Pages 23 -24 26 27 28 29 30 31 32 33 -34 35 36 37 38 38 -39 40 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5 %) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. PROPOSAL FORM 00120- Page 20 of 214 CL LL CU CL 0 z CU 0 E 0 M MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING B. A list of the officers and directors of the entity. 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 F NO EZ 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.) C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a parry to any CL 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 CU 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, 'a 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.) z YES ❑ NO CU PROPOSAL FORM 00 120- Page 21 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically 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 F NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO Lichl 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. Financial statements for the prior three (3) years. Please provide in a CL separate sealed envelope for the Contractor's confidentiality and clearly_ label the envelope "CONFIDENTIAL" one 1 original copy. ( "Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. 119.07(1) and CL U- s.24(a), Art. 1 of the State Constitution. ") CU 0- PROPOSAL FORM 00120- Page 22 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2 -213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: S.B. Painting and Grounds Maint. Inc. 2314 Patterson Ave Key West Fl. 33040 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 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 CL 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 shalt be furnished below in words and numbers. If there is an CU 0. inconsistency between the two, the Proposal in words shall control. Sixty seven thousand,nine hundred forty two and 00 /100 _ Dollars (Total Base Proposal- words) $ $67,942.00 (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 23 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING I acknowledge Alternates as follows: 1. Alternate #1 Dollars (Alternate #1- words) (Alternate #1— numbers) acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated I PROPOSAL FORM 00120- Page 24 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Proposer, states by his /her check mark in the blank beside the form and by his /her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3, Non - Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Local Preference Form and requirements (if applicable) 7. Public Entity Crime Statement 8. Subcontractor List Form 9. Proposer's Insurance and Indemnification Statement 10. Insurance Agents Statement (signed by agent) 11. Answered Required Questions 12. Provided Customer References 13. Provided Three (3)- years of Financial Statements in separate envelope 14. Certified copy of Valid Florida Contractor's License 15. Current Monroe County Occupational License Business Name: Business E1N # Business Address: City, State, Zip S.B. Painting and Grounds Maint.lnc 16- 1781889 ■M 2314 Patterson Ave Key West Fl. 33040 Phone: 305- 304 -6994 Mailing Address: 2314 Patterson Ave City,State ,Zip Key West Fl. 33040 Local Phone: 305- 304 -6994 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: 06/24/17 Signed:` C, 'Jk ( C) Printed: Nancy Bu Loo Title: Pres. Witness: r� r.T `— `i��J I PROPOSAL FORM 00120- Page 25 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING BID (PROPOSAL_) BOND KNOW ALL MEN BY THESE PRESENTS, that we (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (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. (Principal) (Seal) CL U- 0- cc r- 0 Z CU E 0 ' M (Witness) (Title) (Surety) (Witness) (Title) (Seal) PROPOSAL FORM 00120- Page 26 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00120 NON - COLLUSION AFFIDAVIT I, Nancy Buckaloo of the city Key West Fl. _ according to law on my oath, and under penalty of perjury, depose and say that: I am Presid of the firm of S.B. Painting and Grounds Maint. Inc the proposer making the Proposal for the project described in the notice for calling for proposals for: Exterior Paintino and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge of said J project. !� r -- �, l ck, ,, ` (� �� 6/2412017 ti (Signature of oposer) (Date) STATE OF: COUNTY OF: A/ o Iti /z � PERSONALLY APPEARED BEFORE ME, the undersigned authority, �� c % r&' c F '/0 ', who, after first being sworn by me, (name of individual signing) affixed his /her Wnature in the space provided above. on this :>It� day of 20 l� . 4 D vlY..,q�i�,'i commission expire; _My PROPOSAL FORM NOTARY P LIC 00120- Page 27 of 214 I MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE S.B Painting and Grounds Maint. Inc (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". luj� (Signature) Date: 06/24/17 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on C' c- o 47 (date) '�� v ��lv �� by i F (name of affiant). He/She is personally kno+n/n to me or has prd uced as identification. (Type,of identification) r- NOTARY PUBLP ,+ ` i eJi` My commission expires: _U F J� AK- r PROPOSALFORM `01 Q 1b a , : Q CA 00120- Page 28 of 214 I MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: S.B. Painting and Grounds Maintt.inc _ (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. PROPOSAL FORM 00120- Page 29 of 214 F MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004 -2015, must complete this form. Name of Bidder /Responder S.B. Painting and Grounds Maint. Inc Date: 06/24/17 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? YES (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? YES (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 2314 Patterson Ave Key West Fl. 33040 Telephone Number: 305- 304 -6994 B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? NO If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) 2314 Patterson Ave KW Fl. 33040 Tel.Number 305 -304 -6994 Address Signature and Title of Authorized Signatory for BidderlResponder STATE OF Print Name: Nancy Buckaloo COUNTY OF On this - day of 20 , before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: Print Name I PROPOSAL FORM 00120- Page 30 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 0042015, must complete this form. Name of BidderlResponder S.B. Painting and Grounds Maint. Inc Date: 06/24/17 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? YES (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? YES (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 2314 Patterson Ave Key West Fl. 33040 Telephone Number: 305 -304 -6994 B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? NO If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) 2314 Patterson Ave KW Fl. 33040 Tel.Number 305 -344 -6994 Address Print Name: Nancy Buckaloo Signature and Tit of Authorized Signatory for Bidder /Respon r STATE OF /�o4c wC �' COUNTY OF / � -'�� On this day of ��C° 20 1 � , before me ,_the undersigned notary public, personally appeared - a�� 4 c �, known (� rne_ to_be the person whose name is subscribed above or who prod c d as identification, and acknowledged that helshe is the person who executdd the above Local Preference Form foohe purposes therein contained. My commission expires: _ 00 x� 1 Print Name PROPOSAL FO z ° 02`Paf;'� of 214 U 111 0 C-q a, 4911"-k I M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Nancy Buckaloo (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty -six (36) months. .lam n U { \A.�JC( ct) (Signature) Date: 6124117 G Z u_1 STATE OF: / /� /? c identification) as identification. Fo PROPOSAL FORM 00120- Page 31 of 214 My Commission Upires: C(I i -2 O _zv 'N ARY PUBLIC ` o PROPOSAL FORM 00120- Page 31 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # wlarea code Fax: Cell: Address PROPOSAL FORM 00120- Page 32 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 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 c 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 CU 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 CL 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, CL either: W • Certificate of Insurance or CU • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 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. I INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING BETWEEN MONROE COUNTY, FLORIDA AND S.B. Painting and Grounds Maint, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 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 CL upon request from the County. CU 0- INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING BETWEEN MONROE COUNTY, FLORIDA AND S.B.Paintinp and Grounds Maint.lnc. 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: $300,000 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. I INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING BETWEEN MONROE COUNTY, FLORIDA AND S.B. Painting and Grounds Maint. Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on CL all policies issued to satisfy the above requirements. , CU 0- INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Statutory Limits $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, each employee $300,000 Combined Single Limit Vehicle Liability (Owned, non - owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: Builder's Risk: Not Required $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The contract shall not 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, I INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Nancy Buckaloo PROPOSER Signature I INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY Liability policies are Occurrence Insurance Agency DEDUCTIBLES Claims Made Signature I End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES L('c t b 2,50 bf 1nJc�k.�r� warlc� �►s. C�• �DI Nf'f'$�45�ILo Liability policies are X Occurrence �jk ill I T SlWMM Insurance Agency Claims Made Nj ImMIL100"AtA Signature I End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 214 CL LL cu 0- 0 z >11 cu MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00140 PRE- PROPOSAL SUBSTITUTIONS PART 1 - GENERAL 1.1 Document includes A. Pre- Proposal Substitutions 1.2 PROPOSER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one (1) of the products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating "or equivalent ", "or equal ", or "Project Management approved equivalent ", or similar wording, submit a request for substitutions, for any product or manufacturer which is not specifically named for review and approval by Owner and Architect. D. For products specified by naming only one (1) product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the proposal process by submitting completed substitution request form and substantiating product datalliterature a minimum of ten (10) calendar days prior to the Proposal Date to Project Management. 2. Project Management will consider requests utilizing this section from the Proposer for substitution of products in place of those specified. 3. Those submitted fifteen (15) calendar days prior to Proposal Due Date will be included in an addendum if acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. I PRE- PROPOSAL SUBSTITUTIONS 00140- Page 41 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of required license fees or royalties. 7. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. Acceptance will require substantial revision of Contract Documents. 2. In the judgment of the Owner, the substitution does not include adequate information necessary for a complete evaluation. 1.4 D. The Owner will determine the acceptability of any proposed substitution. PROPOSER'S REPRESENTATION A. In making formal request for substitution, the Proposer represents that: 1. He /She has investigated the proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He /She will provide same warranties or bonds for substitution as for product specified. 3. He /She will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He /She waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his/her Contract, but not: a. Costs under separate contracts. b. Architect/Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. I PRE- PROPOSAL SUBSTITUTIONS 00140- Page 42 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 1.5 PROJECT MANAGEMENT'S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1.6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with all required back -up data. PRE- PROPOSAL SUBSTITUTIONS 00140- Page 43 of 214 CL LL CU 0- cc r_ 0 z CU E 0 M MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SUBSTITUTION FORM TO: Project Management S.B. Painting and Grounds Maint. Inc 2314 Patterson Ave kylyrmaKcicliLit PH: 305- 304 -6994 FAX; We hereby submit for your consideration the following product instead of the specified item for the above project: Drawing No. Drawing Name Spec Sec. Spec Name Paragraph Specified Item Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal desig nd compatibility with adjacent materialt Submitted By: 0 4 ) , \ J C Signature Title Firm S.B. Painting and Grounds Maint.lnc Address 2314 Patterson Ave Key West Fl, 33040 City 1 State 1 Zip Code 305 -304 -6994 6124117 Telephone Date Signature shall be by person having authority to legally bind his /her firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by Project Management: Approved Approved as noted Not Approved Received too late Insufficient data received I By Date PRE- PROPOSAL SUBSTITUTIONS 00140- Page 44 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No _ If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs, caused by the requested substitution? Yes No X If no, fully explain: C. What effect does substitution have on other Contracts or other trades? IOW D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: NA Same NA Different. Explain: F. Reason for Request: NA G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: M H. Designation of maintenance services and sources: (Attach additional sheets if required.) M End of Section 00140 PRE- PROPOSAL SUBSTITUTIONS 00140- Page 45 of 214 &0 1fq.7 . %dMLI41. &101 L 01714NZIIt►j140 11 W :1>•I1] CULTURAL CENTER EXTERIOR PAINTING SECTION 00200 SITE SURVEY A. The Plat of Survey and other survey data, are available in the Office of Project Management for review, and are for the general information of the proposer. The data contained was prepared by the Owner for the Architect's use for the design of the project, and neither the Owner nor the Architect, nor Project Management make any representation, guarantee of warranty as to the accuracy or completeness of data indicated, expressed or implied. B. Proposers shall visit the site; make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor the Architect, nor Project Management will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful proposer based upon the survey information provided. End of Section 00200 I SITE SURVEY 00200- Page 46 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00350 MILESTONE SCHEDULE /LIQUIDATED DAMAGES This section contains the project milestone schedule. The Contractor is required to determine his/her proposed schedule to meet these milestone dates. The Contractor is to note the following special milestone dates. 1. Proposal Documents Available May 24, 2017 2. Pre- Proposal Conference June 9, 2017 3. Last Day to Submit RFI's June 16, 2017 4. Proposal Due Date June 27, 2017 5. Notice to Proceed & Pre - Construction Meeting (Anticipated) August 8, 2017 6. Substantial Completion (Anticipated) October 31, 2017 The Contractor shall commence performance of this Contract within ten (10) calendar days after the date of issuance to the Contractor by Owner of the Notice to Proceed. Once commenced, Contractor shall diligently continue performance until completion of the Project. The Contractor shall accomplish Substantial Completion of the Project within Ninety (90) calendar days. The Contractor shall accomplish Final Completion of the Project within thirty (30) calendar days thereafter. The term "Substantial Completion" as used herein shall mean that point at which, as certified in writing by Project Management, the Project is at a level of completion in strict compliance with this Contract such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" as used herein shall mean that point at which, as certified in writing by Project Management, that the Project is one hundred percent (100 %) complete and in conformance with the Contract. LIQUIDATED DAMAGES Conditions Under Which Liquidated Damages Are Imposed —The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature I MILESTONE SCHEDULE 00350- Page 47 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. CONTRACT AMOUNT Under $50,000.00 $50,000.00-99,999.00 $100,000,00-499,999-00 $500,000.00 and Up FIRST 15 DAYS $50.00 /Day 100,00/Day 200.00 /Day 500.00 /Day SECOND 31ST DAY & 15 DAYS THEREAFTER $100.00/Day $250.00/Day 200.00/Day 750.00 /Day 500.001Day 2,000.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damages and sole remedy for any delay caused_ by_the Owner shall be an extension of time on the Contract. End of Section 00350 I MILESTONE SCHEDULE 00350- Page 48 of 214 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING SECTION 00500 AGREEMENT Agreement Between Owner and Contractor Where the basis of payment is a AGREEMENT Made as of the (write out the date) BETWEEN the Owner: And the Contractor: For the following Sco roe.I.Countv Board of Whitehead Streef West, Florida 33040 JTRACTOR NELSON GOVERNMENT AND CULTURAL rERIOR PAINTING The Sc' pe of Work shall include, but not be limited to, all work shown and listed in the Project Drawings aci d Specifications;, The Contractor is required to provide a complete job as contemplated by the drawings. and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work unless otherwise specifically stated. Contractor to pressure clean all exterior surfaces prior to any preparations or coatings applied. Wall and Ceilings: Apply Sherwin - Williams approved elastomeric patch to all hairline cracks or fractures on existing masonry surfaces. Apply one coat of Sherwin - Williams Hot Stucco Primer to new, bare stucco areas. Seal the entire exterior masonry surface with a coat of Sherwin - Williams Loxon Acrylic Sealer to properly prepared stucco walls and ceilings. I AGREEMENT 00500- Page 49 of 214 M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu DetaC by Entity Name Detail by Entit Name 0 Florida Profit Corporation 0 S_B. PAINTING AND GROUNDS MAINTENANCE, INC. e Fili� 1 Information r- Document Number P06000156434 FEUEIN Number 16- 1781889 Date Filed 12/26/2006 c ° State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/15/2009 Event Effective Date NONE CU Princi Address e U 2314 PATTERSON AVE e KEY WEST, FL 33040 > e Changed: 05101/2011 CL M Adam 2314 PATTERSON AVE KEY WEST, FL 33040 CL Changed: 05/01/2011 �q1§kred Agent r CU 0- DAVILA, GREGORY D., Esq. 1111 12th Street Suite 310 0 KEY WEST, FL 33040 z Name Changed: 03/09/2017 CU Address Changed: 03/09/2017 4fflce0lrecter Detail �E file: /// Users /sbpaintin Documents/ 5B %20Painting %20SunbiZ.weba Page 1 of M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu Detail by Entity Name P.2.a Name & Address I Title Director, President BUCKALOO, NANCY A 2314 PATTERSON AVE KEY WEST, FL 33040 Title Director, Secretary SUAREZ, ROGER, Jr, G49 MIRIAM STREET KEY WEST, FL 33040 Aral Re Report Year Filed Date � 2015 03/23/2015 2016 03/06/2016 o- 2017 03/09/2017 Cu C as Documentimag file: J / Users lsbpaintin / Documentsl SB %20Painting %20Sunbiz.webarchive Page 2 0l Cu 0 L) 0 CL CL CL LL Cu CL 0 �a �a z Cu E 0 M file: J / Users lsbpaintin / Documentsl SB %20Painting %20Sunbiz.webarchive Page 2 0l / 2017 FL RIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P06000156434 Entity Name: S.B. PAINTING AND GROUNDS MAINTENANCE, INC. Current Principal Place of Business: 2314 PATTERSON AVE KEY WEST, FL 33040 Current Mailing Address: 2314 PATTERSON AVE KEY WEST, FL 33040 FEI Number: 16- 1781889 Name and Address of Current Registered Agent: DAVILA, GREGORY D. ESQ. 1111 12TH STREET SUITE 310 KEY WEST, FL 33040 US FILED Mar 09, 2017 Secretary of State CC1899548223 Certificate of Status Desired: No The above named entity submits this statement for the purpose ofchanging its registered office or registered agent, or both, in the State of Florida, SIGNATURE: GREGORY D. DAVILA 03/09/2017 Electronic Signature of Registered Agent Date Officer /Director Detail : Title DIRECTOR, PRESIDENT Name BUCKALOO, NANCY A Address 2314 PATTERSON AVE City -State -Zip; KEY WEST FL 33040 Title DIRECTOR, SECRETARY Name SUAREZ, ROGER JR. Address G49 MIRIAM STREET City- State -Zip: KEY WEST FL 33040 I hereby certify that the information indicated on this report or suppterrientalrepod is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that t am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chspler 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered, SIGNATURE: NANCY BUCKALOO DIRECTOR 03/09/2017 Electronic Signature of Signing Officer/Director Detail Date M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu Information Required To Be Provided: 1. A. Nancy Buckaloo and Roger Suarez B. Nancy Buckaloo and Roger Suarez C. 30 years in Business D.11 years under present name. E. a.) Answered on page 21. b.) Answered on page 21. c.) Answered on page 21. d.) Answered on page 21. e.) Answered on page 21. £) 1.) Monroe County School Board: 241 Trumbo Road Key West, FL 33040 Robert Buchanan (305) 797 -2075 2.) Key West Housing Authority: 1400 Kennedy Dr. Key West FL, 33040 William Singh (305) 797 -2209 3.) Boy Scouts of America: 2380O Overseas Hwy Summerland Key FL, 33042 Daniel Chester (305) 745 -8412 4.) Sherwin Williams 908 Kennedy Dr. Key West FL, 33040 Reid Grissinger (305) 296 -8501 5.) Strunk Ace Hardware 1101 Eaton St. Key West FL, 33040 Andy Strunk (305) 296 -9091 6.) Sunbelt Rentals 5565 2nd Ave Key West FL, 33040 (305) 296 -2617 I g.) Envelope marked Confidential M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu CERTIFICATE OF LIABILITY INSURANCE Date 6/14/2017 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 after 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 11075 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 certificale may be issued or may pertaln, the insurance afforded by the policlos described herein is subject to all the terms, exclusions, and condidons of such policies. Aggregate limits shown may have been reduced by paid claims. I LTR INSRp INSR Type of Insurance YP Policy Number y Policy a Dale Policy Da Expiration Limits (MMIDDlY (MMIDDIYY) GENERAL LIABILITY Each occurrence Commercial General Liability Claims Made El Occur Damage to rented premises (EA occurrence) Mad Exp Personal Adv injury General aggregate limit applies per: General Aggregate Cettry ❑Project ❑ L4C Products - ComplOp Agg AUTOMOBILE LIABILITY Combined Single Unit Any Auto (EA Acddenq Bodily Injury All Owned Autos Scheduled Autos (Per Person) Bodily Injury Hired Autos Non -Owned Autos (PerAccidenl) Property Damage (Per Accident) EXCESSIUMBRELLA LIABILITY Each occurrence Occur ❑ claims Made Aggregate Daductiblo A Workers Compensation and WC 71949 01/01/2017 01/01/2018 X wC 8tatu- OTH- Employers' Liability tory Limits ER E.L. Each Accident $1,000.000 Any proprietorlpartnedexecutive officarlmember excluded? NO E.L. Disease - Ea Employee S1,000,000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000.000 Other Lion Insurance Company is A.M. Best Company rated A- Excellent). AM13 # 12616 Descriptions of Operations /LocationsfVeh€cleslExclusions added by EndorsementlSpecial Provisions: Client ID: 92- 70-285 Coverage only applies to active employee(s) of south East Personnel Leasing, Inc. & Subsidiaries that are [eased to the following "Client Company": S.B. Painting and Grounds Maintenance Inc. 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 employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) [eased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: ISSUE 01 -19 -17 (SD). REISSUE 0 6-14-17 (DV) in Date 11 16 201& CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BUILDING DEPARTMENT Should any of the above described policies be cancelled before the expiration data thereof, the issuing Insurer will endeavor to mail 30 days written notice to the cor0cato holder named to the left, butfallure to do so shat[ Impose no obligation or liability of any kind upon the insurer. Ifs agents or representatives. 2798 OVERSEAS HIGHWAY STE: 300 MARATHON, FL 33050 0 0 0 0 L) W 0 0 t. as Cc 0 L) 0 Cc 0 CL CL OL UL Cc t. l a 0 tt8 QJ z Cc 0 LB M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu E-4 . g /§ ® a 14 � \ E-4 0e 4B 'ra /\ \/ ) d\ \ / \P4 u< 0 El \/ \H ow0 ±were W1 :4 cw2oeamoJo ® \ ^ /\ /� ®§/ \ /1 /n \ oBmo& B 0 c / m w e / G K m m & se= \ \ / /\ \ e= \/ m / o■ @o J P Qj � § § -- Gdore \m \ =F / ' dom/ //\ \Je // ® \CD \j / / 0 /// O2/ wm& B /// / f \/ Q « e U a \ a \ \ m §c / / /\ \/ \� \� \\ mmm& M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu 2015 / 2016 MONR ®E COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 RECEIPT# 30140 - 102943 Business Name: S B PAINTING AND GROUND MAINTENANCE INC MO CTY Owner Name: NANCY BUCKALOO Business Location: KEY WEST, FL 33040 Mailing Address: 2314 PATTERSON AVE Business Phone: 305- 304 -6994 KEY WEST, FL 33040 Business Type: CONTRACTOR (PAINTING AND MAINTENANCE) Employees 6 COMP CARD: SP3768 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 1 0.00 1 0.00 1 0.00 25.00 Paid 000 -14- 00016254 08/06/2015 25.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS I5 ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33031 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, 2016 Business Name: S B PAINTING AND GROUND RECEIPT# 30140- 102943 MAINTENANCE INC MO CTY Business Location: KEY WEST, FL 33040 Owner Name: NANCY BUCKALOO Mailing Address: Business Phone: 305- 304 -6994 2314 PATTERSON AVE Business Type: CONTRACTOR (PAINTING AND MAINTENANCE) KEY WEST, FL 33040 Employees 6 COMP CARD: SP3768 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 1 0.00 1 0.00 1 0.00 25.00 Paid 000- - 14.00016254 08/06/2015 25.00 M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu 2016 / 2017 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2017 RECEIPT# 30140- 102943 Business Name: S.B. PAINTING AND GROUND MAINTENANCE INC Owner Name: NANCY BUCKALOO, ROGER. SUAREZ 7R - Business Location: MO GTY Mailing Address: QUALIFIER KEY WEST, FL 33040 2314 PATTERSON AVE Business Phone: 305- 304 -6994 KEY WEST, FL 33040 Business Type: CONTRACTOR (PAINTING & DECORATING) Employees 2 COMP CARD: SP4286 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 1 0.00 1 0.00 I 0.00 25.00 Paid 000 -15- 00017714 07/14/2016 25.00 THIS BECOMES A TAX RECEIPT Danise D. Flenriquez, CFC, Tax Collector THIS I5 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: S.B. PAINTING AND GROUND RECEIPT# 30140- 102943 MAINTENANCE INC MO CTY Business Location: KEY WEST, FL 33040 Owner Name: NANCY BUCKALOO, ROGER SUAREZ 7R - Mailing Address: QUALIFIER Business Phone: 305 - 304 -6994 2314 PATTERSON AVE Business Type: CONTRACTOR (PAINTING & DECORATING) KEY WEST, FL 33040 Employees 2 COMP CARD: SP4286 Tax Amount Transfer Fee I Sub -Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.Op L 0.00 1 0.00 1 0.00 1 25.00 Paid 000 -15- 00017714 07/14/2016 25.00 M 0 as cu 0 L) 4— 0 0 L- CL CL m CL LL cu 0- 0 z >11 cu 8 •S ueem ;eq ;oea ;uo:D jo lenoaddV : LUO ;ee4S qel alb Bul;uled - BPIG uosIGN AeaanW : ;uGwt43e ; ;V Z w H w � Q a o °C 00 ~ M � W Z W Z x ~ LU Q X Z c _ T J " O LL DD0P QC7�"� W Z V C7��dS 0 a 0 Lu Z W > IL O� G W J w H N O J LL H n V W ce O x H z O 0 O O 0 Q 0 O U ') 0 U') w n N m 00 It I-i O T-i �.D 0 O m Q o ° u \ ') 0 ° u \ ') 0 ° u \ ') D z m C Lo L _O LL >- C Q E U C: C 4-J ~ z LL O U) U C C 0 z 0 U) cl� O a O Zi C U N ru U Ln Z) o C7 66 � L � � L 01 � O L m U a C a m U) } Q Cf L > . s V } N y N L O_ O V 0 U _ L } y O V a L o V_ a L L Q s a N W s U c3 N LO N a s v C3 J O s } } a rn a � U s � U N p� N } C3 � s t3 a � N _> � U L a � a � > O a � c3 rn � o — • •' F .W. � Q a y vi o � O U } L U O N � o> U co C3 � i �co } � ° O L � U � S O to } V J � C3 } L CO L o U LL N N O Q L � O } S } 72 H Ln co Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM Made as of August 16, 2017 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: S.B. Painting and Grounds Maintenance Inc. 2314 Patterson Ave. Key West, Florida 33040 0- Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Contractor is to pressure clean all exterior surfaces prior to any preparations or coatings applied. Wall and Ceilings: Apply Sherwin- Williams approved elastomeric patch to all hairline cracks or fractures on existing masonry surfaces. Apply one coat of Sherwin- Williams Hot Stucco Primer to new, bare stucco areas. Seal the entire exterior masonry surface with a coat of Sherwin- Williams Loxon Acrylic Sealer to properly prepared stucco walls and ceilings. Apply two coats of Sherwin- Williams Resilience 100% Acrylic Coating System to all Sealed /Primed walls and ceiling surfaces. Wood: Facia Patching or filling in any needed wood surface areas. Apply a coat of Sherwin- Williams Oil -Based Wood primer to any bare or new wood surfaces. Apply two coats of Sherwin- Williams Resilience 100% Acrylic Coating System to all properly prepared wood surfaces. Metal: Shutters. Treating all exposed rusted metal surfaces by wire brushing loose rust off. Applying Sherwin- Williams Rust Inhibitive Metal Oil Primer to all rusted metal surfaces. Apply two coats of Sherwin- Williams Finish Paint to all exterior metal surfaces to be coated. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 2 of 56 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 2 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Sum of Sixty -Seven Thousand Nine Hundred Forty -Two and 00/100 Dollars ($67,942.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: ( State CL the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, then attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate # 1: No Alternates Specified /100 (Cost in words) AN Dollars 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 3 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the > total Contract Sum allocated to that portion of the Work in the Schedule of Values, less CL retainage of ten percent 10 %. Pending final determination of cost to the Owner of changes CL in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 4 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet L) (3) Certificate of Substantial Completion 0 (4) Contractor's Affidavit of Debts and Claims > (5) Contractor's Affidavit of Release of Liens CL (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 5 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement 0- and for four years following the termination of this Agreement. If an auditor employed 6 by the County or Clerk determines that monies paid to Contractor pursuant to this Fo Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 6 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 7 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 L) (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse 0 or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC > §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug CL abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as Il- amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the 0- parties to, or the subject matter of, this Agreement. 6 k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 8 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 9 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, 0- BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY- 6 BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 10 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of 0- Monroe County shall be liable personally on this Agreement or be subject to any 6 personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 11 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery Notice shall be sent to the following persons: MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 12 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING For Contractor: S.B. Painting and Grounds Maintenance Inc. 2314 Patterson Ave. Key West, FL 33040 For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St Key West, FL 33040 Key West, FL 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A a) Drawings: N/A b) Project Manual: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A 9.1.4 The Addenda, if any, are as follows: NONE Number Date Page This Agreement is entered into as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 13 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED (SEAL) Attest: Kevin Madok, Clerk :- Deputy Clerk Date (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses signatures Signature: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman CONTRACTOR: Signature: Print Name: Print Name: Title: Title: Date: Date: and MONROE COUNTY ATTORNEY APPROVED AS TO FORM Signature: Print Name: CHRIS AMBROSIO Title: ASSISTANT COUNTY ATTORNEY Date: Date: STATE OF FLORIDA, COUNTY OF On this day of 20_, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for (MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING) for the purposes therein contained. Notary Public Print Name My commission expires: Seal MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING AGREEMENT 14 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other > Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, O wners proposal documents, other documents listed in the Agreement and Modifications CL issued after execution of the Contract, and the Contractor's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by Project Management. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either 0- written or oral. The Contract may be amended or modified only by a Modification. The 6 Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between Project Management and Contractor, (3) between the Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Project Management and Architect. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1. 1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Project Management. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 16 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the 17 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, L) two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and 0 the Project Manual free of charge for the execution of the Work. Additional copies may be > obtained from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11 "x 17" drawings). CL CL 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 0- 6 1.5 Interpretation 0 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER - 2.1 Definition F 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, except for permits and fees which are the responsibility of the Contractor under the Contract Documents. It is the Contractor's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 18 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management and may contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out 0- Work in accordance with the Contract Documents, the Owner, by written order signed 6 personally or by an agent specifically so empowered by the Owner, may order the M Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three -day period give the Contractor a second written notice to correct such deficiencies within a three -day period. If the Contractor within such second three -day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean- up issues, Owner has right to provide a minimum of twenty -four (24) hours' notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and Contractor is required to rectify any deficiency immediately. 19 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 3.0 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Project Management and Architect errors, inconsistencies or omissions 0- discovered. The Contractor shall not be liable to the Owner, Project Management or 6 Architect for damage resulting from errors, inconsistencies or omissions in the Contract M Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 20 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Project Management in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, 0- heat, utilities, transportation, and other facilities and services necessary for proper 6 execution and completion of the Work, whether temporary or permanent and whether or M not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractor will remove and /or replace the employee at the request of Project Management. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials and equipment furnished under the Contract will be of good quality and new unless 21 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Contractor will be responsible for all building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project Management, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Project Management, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The 22 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Project Management and shall not be changed except with the consent of Project Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and Project Management's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and 0- completion of the various stages of construction, shall be revised as required by the 6 conditions of the Work, and shall be subject to Project Management's approval. 3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.3 The Contractor shall conform to the most recent schedules. 3.10.4 Project Management will schedule and conduct a project meeting at a minimum of one (1) meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one (1) record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Project Management and Architect and shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 23 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance with the schedule and sequence approved by Project Management, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Project Management in the coordination of the 0- Contractor's Shop Drawings, Product Data, Samples and similar submittals with related 6 documents submitted by other Contractors. Submittals made by the Contractor which are Fo not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project Management. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Project Management approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Project Management and Architect in writing of such deviation at the time of submittal and Project Management have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Project Management's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Project Management and Architect on previous submittals. 3.12. 10 Informational submittals upon which Project Management are not expected to take responsive action may be so identified in the Contract Documents. 24 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Project Management for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval 0- of, Project Management before using any portion of the site. 6 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Project Management shall also be required. The Contractor shall not unreasonably withhold from Project Management or any separate contractor his /her consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his /her materials and equipment and the execution of his /her work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block -out, cutout opening, or other hole in any fire - related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 25 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Project Management. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Project Management and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, 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 26 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect /Engineer 4.1.1 The Architect and /or Engineer is the person lawfully licensed to practice architecture /engineering or any entity lawfully practicing architecture /engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Project Management 4.2.1 Project Management is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Project Management and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Project Management, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 Project Management and Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during 27 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Project Management and Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 Project Management and Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 Project Management will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Project Management and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, Project Management will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on -site observations as an architect, Project Management will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 Project Management will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Project Management nor the Architect will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Project Management, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by 28 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management and shall be contemporaneously provided to the Architect. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Project Management will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Project Management. Subject to review, Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project Management considers it necessary or advisable for implementation of the intent of the Contract Documents, Project Management will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Project Management will be subject to the provisions of Subparagraphs 4.6.17 through 4.6.19 inclusive, with respect 0 to interpretations and decisions of the Architect. However, neither the Architect's nor Project Management's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. Project Management actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Project Management action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project Management, while allowing sufficient time to permit adequate 29 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.3. 4.6.15 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 Project Management will provide one (1) or more project representatives to assist in carrying out his /her responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.17 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Project Management's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until fifteen (15) days after written request is made for them. 4.6.18 Interpretations and decisions of Project Management will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, Project Management will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 30 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 4.6.19 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty -one (21) days after occurrence of the event giving rise to such Claim or within twenty -one (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 filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Contractor seeks to make a claim for an increase in the contract price, as a condition precedent to any liability of the Owner therefore, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of this Section and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 31 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents; or 3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the L- CL site which are (1) subsurface or otherwise concealed physical conditions which differ CL materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.6.1 As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and Owner Engineer written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Project Management, (2) a written order for a minor change in the Work issued by Project Management, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein. In a claim by the Contractor against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Contractor shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Contractor or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the 32 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty -one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS AND SUB - SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to 0. perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor M or an authorized representative of the Subcontractor. The term "Subcontractor' does not include other Contractors or subcontractors of other Contractors.' 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project Management for review by the Owner and Project Management the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Project Management will promptly reply to the Contractor in writing stating whether or not the Owner or Project Management, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management has made reasonable objection. 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, 33 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING the Contractor shall submit an acceptable substitute. However, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the L_ CL extent of the Work to be performed by the Subcontractor, to be bound to the Contractor CL by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner or Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor 0- shall make available to each proposed Subcontractor, copies of the Contract Documents 6 which the Subcontractor will be bound, and, upon written request of the Subcontractor, Fo identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and 2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. I. If the work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts 34 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING not administered by Project Management. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Project Management, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his /her work with the work of other contractors on the site. The Owner and Project Management shall be held harmless for any and all costs and time increases associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents.' 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Project Management any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 35 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 6.2.7 Should the Contractor contend that he /she is entitled to an extension of time for completion of any portion or portions of the work, he /she shall, within seventy -two (72) hours of the occurrence of the cause of the delay, notify Project Management in writing, of his /her contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Project Management within seventy -two (72) hours after the delay has ceased to exist. 1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he /she shall be deemed to have waived the claim. 2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he /she shall have no claim against the 0- Owner or Project Management for an increase in the Contract price, nor a claim 6 against the Owner or Project Management for a payment or allowance of any M kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his /her work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, 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 order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Project Management and Contractor. A Construction Change Directive require agreement by the Owner, Project Management and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by Project Management alone. 36 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by Project Management and signed by the Owner, Project Management and Contractor stating their agreement upon all of the following: .1 a change in the Work; 2 the amount of the adjustment in the Contract Sum, if any; and 3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: 1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; 2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; 3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Project Management is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Project Management. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Project Management representative no later than 37 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by L) agreement or custom; works' or workmen's compensation insurance; and the rental value 0 of equipment and machinery. Markups for overhead and profit will be in accordance with > subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Project Management. The amount of credit to be allowed by the CL CL Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Project Management. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power 0- tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll 6 charges such as Public Liability and Workmen's Compensation Insurance. No percentage M for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, 0 and all general home /field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed 0 as follows: 1 If the Contractor performs the actual Work, the maximum percentage mark -up for overhead shall be five percent (5 %) and the maximum percentage for profit shall be five percent (5 %); 2 If the Subcontractor performs the actual Work, the subcontractor's percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %). If the Contractor does not perform the Work, the maximum mark -up for managing the Work will be five percent (5 %); 3 If the Subcontractor performs part of the actual Work, his /her percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10 %) on his /her direct Work only. If the Contractor performs part of the actual Work, his /her percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project 38 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him /her by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he /she shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. 1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark -ups shall be limited as specified elsewhere in this Article. 2 Except as otherwise specifically provided, no claim for additional cost shall be 0- allowed unless the complete notice specified by this subparagraph is given by 6 the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 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 Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution 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 thus amended, the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Contractor knew or should have known. 7.3 Authority 7.3.1 Project Management will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent 39 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING with the intent of the Contract Documents. Such changes shall be effected by written order issued through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 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 Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed per this Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. M 8.1.3 The date of Substantial Completion is the date certified by Project Management in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner /Project Management shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Project Management, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Project Management, or by any other cause which Project Management determines may justify the delay, then the Contract Time shall 40 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING be extended by no cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Project Management not more than Seventy -two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy -two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his /her refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to Project Management, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Project Management may require. This schedule, unless objected to by Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen (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 notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from 41 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to 0- the Owner to establish the Owner's title to such materials and equipment or otherwise 6 protect the Owner's interest, and shall include applicable insurance, storage and Fo transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s) for said materials, less retainage per Sec. 00500, 5.6.1 -5.8 and F.S. 218.735 (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, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the 42 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by Project Management to the Owner, based on their individual observations at the site and L) the data comprising the Application for Payment submitted by the Contractor, that the 0 Work has progressed to the point indicated and that, to the best of Project Management's > knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for CL CL conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Project Management. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on -site inspections to 0- check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of Fo requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Project Management cannot agree on a revised amount, Project Management shall process the Application for the amount it deems appropriate. Project Management may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to Project Management, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management. 43 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify Project Management. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. 1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Project Management to be a 0- part of the final quantity for the item of Work in question. 6 2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner. 9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Project Management on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Project Management shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 44 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Project Management to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for CL CL all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his /her suppliers and Sub - subcontractors in a similar manner. 0- 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project Management will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 45 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work L- at any stage when such portion is designated by separate agreement with the Contractor, CL CL provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties 0- required by the Contract Documents. When the Contractor considers a portion 6 substantially complete, the Contractor and Project Management shall jointly prepare a list Fo as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Project Management. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Project Management's final Approval for Payment will constitute a further representation that conditions listed in 46 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or L) the Owner's property might be responsible or encumbered (less amounts withheld by 0 Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance > required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty ( 30) CL CL days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment. (2) Continuation Sheet. (3) Certificate of Substantial Completion. (4) Contractor's Affidavit of Debts and Claims. (5) Contractor's Affidavit of Release of Liens. (6) Final Release of Lien. (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 47 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project Management that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Project Management for review, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Project Management in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10. 1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Project Management in writing. The Owner, Contractor and Project Management shall then proceed in the same manner described in Subparagraph 10.1.2. 10. 1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered 48 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who maybe affected thereby; 2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 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 Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Project Management or Architect or anyone 49 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Project Management. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional 0- compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. M 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 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 Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with 50 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11. 1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either: Certificate of Insurance or a certified copy of the actual insurance policy. 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: See Section 00130, Insurance Requirements and Forms, for the minimum requirements. 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Project Management's request or to requirements specifically expressed in the Contract Documents, it must, if required in 51 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING writing by Project Management, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which Project Management has not specifically requested to observe prior to its being covered, Project Management may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The 0- Contractor shall bear costs of correcting such rejected Work, including additional testing 6 and inspections and compensation for Project Management's services and expenses M made necessary thereby. 12.2.2 If, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and 52 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one (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 Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds himself /herself, his /her partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 53 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 13.3 Not used. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate M public authority, and shall bear all related costs of tests, inspections and approvals. The 0 Contractor shall give Project Management timely notice of when and where tests and inspections are to be made so Project Management may observe such procedures. The >% Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Project Management, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Project Management will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Project Management of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Project Management. 54 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 13.5.5 If Project Management is to observe tests, inspections or approvals required by the Contract Documents, Project Management will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Project Management, and upon certification by Project Management that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seventy -two (72) hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 2 accept assignment of subcontracts pursuant to Paragraph 5.4; and 3 finish the Work by whatever reasonable method the Owner may deem expedient. 55 of 56 MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER EXTERIOR PAINTING 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1. the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination, the Owner shall pay for work completed to date of Termination End of Section 00750 56 of 56