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Item C28BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� ' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting April 20, 2016 Agenda Item Number: C.28 Agenda Item Summary # 1577 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292-4429 N/A AGENDA ITEM WORDING: Approval to waive error and award a contract to the lowest bidder Burke Construction Group Inc., for the construction of the redevelopment of Bernstein Park. Project is funded by Fund 314 2014 Revenue Bond Fund. ITEM BACKGROUND: A bid opening was held on January 19, 2016, for the construction of the redevelopment of Bernstein Park. The lowest bidder is Burke Construction Group, Inc. Burke answered'No' to a question about litigation with the County in the Request for Proposals. The question asks whether the entity or any of it's officers have ever been involved in a lawsuit with the County. Officers of Burke Construction, David Martinez and Tony Burke have been involved in litigation with the County. But Burke answered'No' to that question. Burke previously responded 'Yes' and provided details of the litigation concerning this question in a recent solicitation on another County project. PREVIOUS RELEVANT BOCC ACTION: On October 16, 2013, the BOCC approved a contract with William Horn Architecture for the design of the redevelopment of Bernstein Park. CONTRACT/AGREEMENT CHANGES: N/A DOCUMENTATION: Tabulation_Sheet (1) Complete Burke Proposal Contract. Burke.Bernstein Park FINANCIAL IMPACT: Effective Date: 4.20.16 Expiration Date: 7.20.17 Total Dollar Value of Contract: $7,921,975.00 Total Cost to County: $7,921,975.00 Current Year Portion: $4,000,000.00 Budgeted: $4,900,000.00 Source of Funds: 304 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: yes Additional Details: If yes, amount: Approval of a contract in the amount of $7,921,975.00. 04/20/16 314-25004 - CULTURE & REC FUND 314 $7,921,975.00 STAFF RECOMMENDATION: Approval of contract as stated above. REVIEWED BY: Doug Sposito Completed 04/12/2016 12:58 PM Chris Ambrosio Completed 04/12/2016 1:12 PM Budget and Finance Completed 04/12/2016 1:57 PM Maria Slavik Completed 04/12/2016 3:01 PM Kathy Peters Completed 04/12/2016 3:38 PM Board of County Commissioners Pending 04/20/2016 9:00 AM BUDGET AND FINANCE PURCHASING DEPARTMENT TABULATION SHEET OPEN DATE: JANUARY 19, 2016 AT 3:00 PM TITLE: REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND MONROE COUNTY, FLORIDA RESPONDENT BID BOND BID AMOUNT Total Base: Pedro Falcon Electrical Contractors, Inc. 5% $8,650,000.00 West Construction, Inc. 5% $8,990,169.00 Charley Toppino & Sons, Inc. 5% $10,610,026.50 Burke Construction, Group, Inc. 5% $7,980,000.00 D.L. Porter Constructors, Inc. 5% $8,222,400.00 Douglas N. Higgins 5% $8,588,200.00 Bid Committee Present: Melissa Wilson -OMB; Johnnie Yongue and Victor DeWitt -Project Management Members of the Public Present: P. Ortega-Toppino's; P. Waters -Higgins; A. Moretti -West Construction; R. Blanchard-D.L. Porter; K. Bygler-Pedro Falcon; D. Martinez -Burke Contruction; Brad M.-Burke I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified. Bid Opened By: OMB alum liall Fill! 119 i limpffimpi 5300 ST11 AVENUE STOCK ISLAND, FL 33040 MONROE COUNTY PURCHASING DEPARTMENT 1100 SIMONTON STREET, ROOM 2-213 KEY WEST, FL 33040 1ai 1, '-, r , r of, Y ff,cl WILLIAM P. HORN ARCHITECT, PA. 915 EATON STREET KEY WEST, Fl, 33040 LICENSING................................. .,................,,......,......,.......,......................................... 1. COPY OF VALID AND CURRENT FLORIDA GENERAL CONTRACTOR'S LICENSE MIAMI-DADE LOCAL BUSINESS TAX RECEIPT LICENSE S. DORAL LOCAL BUSINESS TAX RECEIPT LICENSE . CITY OF KEY WEST LOCAL BUSINESS TAX RECEIPT LICENSE LIST OF THE OFFICE AND DIRECTORS OF THE ENTITY.. .......__ BIDBOND .................... ............ .................. ............ ....... ........................... ......... ........... RELEVANT EXPERIENCES ....................... ......... ............ CUSTOMER REFERENCES............ ............. ....... ........... ................ .................. ... ...... ............ LITIGATIONS, ARBITRATIONS.... .......... ........ ,...,....7 PROPOSAL....................... ......... .................. ......... .................. ......... .................. ............ I. PROPOSAL FORA . BID BONG (SEE TAB NO. 0 5. NON -COLLUSION AFFIDAVIT . LOBBYING AND CONFLICT OF INTEREST CLAUSE CL 5, DRUG -FREE WORKPLACE FORM CL . LOCAL PREFERENCE FORM 7. PUBLIC ENTITY CRIME STATEMENT 8. SUBCONTRACTOR LISTING FORM 3. INSURANCE REQUIREMENTS AND CHECKLIST CL 0.V OR ER'S COMPENSATION AND EMPLOYER'S LIABILITY I.1.GENERAL LIABILITY 7.VEHICLE LIABILITY 1. BUILDERS RISK I. .PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT � I5.INSURANCE AGENT'S STATEMENTS STATE, OF FLORIDA F BUSINESS AND DEPARTMENT AR, PROFESSIONAL REGULATION. CONSTRUCTION INDUSTRY LICENSING BOARD 1 NORTH MONROE TALLAHASSEE FL • '! * ■ BURKE, ANTHONY jOHN JR s ROYAL PALM DRIVE r 4■lamr ■- . - r s irm and they keep Florida's economy strong. r< r rr r,rr 4■- ■ r".r. r ter: - - - constantlyWe o serve you better so that you can serveyour customers. Thank you fordoing business in Florida, r. congratulations on r n6N license! .a s IS GERTffIED under the prov9stons of Ch 489 FS. Expwatian tic AUG 31 2016 L14D=000535 STATE OF FLORIDA • I • CG,CA38309_..__j._ The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 F . Expiration dateAUG 31, 2016 BURKE, ANTHONY JOHN JR BURKE CONSTRUCTION GROUP INC 10146 Nam° 191TH STREET DORAL FL 3,3172 ISSUED: 08/20/2014 DISPLAY AS REQUIRED BY LAW KEN LAWSON, SECRETARY " 0 Lo-cal Business Tax Receipt :Miami -Dade County, —State of Florida THIS IS NOT A BILL - DO NOT PAY 6402358 BUSINESS NAM E&OCATION BURKE CONSTRUCTION GROUP INC 10145 NW 19 ST DORAL FL 33172 LBT RECEIPT NO. EXPIRES REMISM SEPTEM13ER 30,2016 6670443 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS BURKE CONSTRUCTION GROUP INC 196 GENERAL BUILDING CONTRACTOR PAYMENT RECEIVED CGCA38309 BY TAX COLLECTOR Worker(s) 10 $45.00 07/13/2015 CHECK21-15-090706 This Local Business Tax Receipt only;confirms payment of the Local Business Tax The Recolipt Is not & Iloon", parmil. or'a cettficatlom of the hokW9 qualifications, to do boallness. Holder mot comply wilh any governmental a nongovernmental rogdatofy Imns and requirements which apply to the bonlows. The RECEIPT NO. obvire must be displayed on all commercial vehicles - Miami -Bads Code See Oa-M For more Information. vkh mnNm6vmidadL2mMwWIoftr fflffl•�� q tov, 10 $60.00 M J This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name BURKE CONSTRUCTION GROUP, INC. Ct1Nbr:0022855 Location Addr 1107 KEY PLAZA Lic NBR/Class 16-00028182 CONTRACTOR - CERT GENERAL CONTRACTOR Issue Date: September 11, 2015 Expiration Date:September 30, 2016 License Fee $325.00 Add. Charges $0.00 Penalty $0.00 Total $325.00 Comments: This document must be prominently displayed. BURKE CONSTRUCTION GROUP, INC BURKE CONSTRUCTION GROUP, INC. 3210 FLAGLER AVE KEY WEST FL 33040 V'_Attachmen: Complete Burke Proposal (1577 : Approval of a Contract with Burke Construction Group forte Redevelopment of Bernstein Park) LIST OF OFFICERS AND DIRECTORS OF THE ENTITY BURKE CONSTRUCTION GROUP, INC " Sl - i 10 145 NW 19 REET -3210 1"LAGLER. AVE.NUE D 0 f�-A L I 'L 0 R I D A -3-3' 17 2 PHONE: (305 - )468-6604 FAX: i305)468-6654 PRESIDENT ANTHONY J. BURKE 67'30 ROYAL PAIA DRIVE MIAMI, FL.313157 EFFECTIVE DATE OF CORPORATION: 06/25/200,7 KEY WEST, 114— 33040 Pf IONE: (305)D- 18-6933) FAX(-)05)998-4-150 FLORIDA CORPORATION REGISTERED ON. 07/02/2007 VICE-PRESIDENT DAVID MARTINEZ 1042 ADAMS DRIVE KEY LARGO, FL-33037 W 1 9 St, Dorad. I L j 17' - 31: '().468,6604 I '05,468,W4 E eneral Contraciors I Construction Management I Design -Build I Pre -Construction 1 Site Devotopment I Green Construction I Interior Improvemer W, CGCAtt 38309 < 0 Electronic Articles of Incorporation For BURKE CONSTRUCTION GROUP, INC. P07000075715 FILED • OtSecOfStae Ipoole The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: BURKE CONSTRUCTION GROUP, INC. Article II The principal place of business address: 7860 SW 161 ST. MIAMI, FL. 33157 The mailing address of the corporation is: 7860 SW 161 ST. MIAMI, FL. 33157 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 1000 Article V The name and Florida street address of the registered agent is: DAVID W MARTINEZ 7860 SW 161 ST. MIAMI, FL. 33157 0 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: DAVID W. MARTINEZ Article VI The name and address of the incorporator is: DAVID W. MARTINEZ 7860 SW 161 ST. MIAMI, FL 33157 Incorporator Signature: DAVID W. MARTINEZ Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: P ANTHONY J BURKE 9320 SW 142ND ST. MIAMI, FL. 33176 Title: VP DAVID W MARTINEZ 7860 SW 161 ST. MIAMI, FL. 33157 Article VIII The effective date for this corporation shall be: 06/25/2007 P07000075715 FILED July 02, 2007 Sec. Of State Ipoole BURKCON-01 TGARRIDO . 11. R CERTIFICATE OF LIABILITY INSURANCE �� DATE/22/2016Y) 1212212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Fowler 8, French, LLC 8000 Governors Square Blvd Suite 301 Miami Lakes, FL 33016 CONTACT NAME: PHONE 305 822-7800 FAX A/C No Ext : ) A/C No : (305) 362-2443 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q INSURER A:Amerisure Mutual Ins CO 23396 INSURED INSURER B: North River Insurance Company 21106 INSURER C : Burke Construction Group Inc INSURER D 10145 N.W. 19 Street Doral, FL 33172 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE D L INSD WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR GL2053366 04/16/2015 04/16/2016 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL& ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS XNON-OWNEDD HIRED AUTOS AUTOS CA2063364 04/16/2015 04/16/2016 COMBINED SINGLE LIMIT Eaa.dent $ 1,000,00 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ DAMAGE ent PePROPr accident) $ERTY B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6811049062 04/16/2015 04/16/2016 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 8,000,00 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERWEMBER EXCLUDED? N❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC2053365 04/16/2015 04/16/2016 X PER OTH. STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00 A Leased/Rented Equip IM2075933 04/16/2016 04/16/2016 w/5000. Ded 300,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Monroe County Board of County Commissioners 2798 Overseas Highway Suite 300 Key West, FL 33050 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -4w ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we BURKE CONSTRUCTION C-TROUP, IN('- 10 145 N.W. 191h Street, Dora], IT 33172 ARCH INSURANU COMPANY as Principal, hereinafter called the Principa I, and 3011PIazaThrize, 3rd Floor, Jersey ( ity, NJ 07311-1)07 missoun a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto 1\40NI10FCOUNTY BOA RD OF COUNTY COMMISSIONERS 1100 Simonton Street, Room 1.213, Key West, F1, 33040 (Here insert full name and address or legal title of Owner) Five 11 UM �Vb as Obligee, hereinafter called the Obligee, in the s ars florthe payment of whill sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heir executors, administrators, successors and assigns, jointly and severally, firmly by the presentsi I REI)I,'VEI,,O:1,NIEN'1'01-'Bl:IINS'I'EIN PARK WHEREAS, the Principal has submitted a bid for 5300 5th Avenuc, Stock island, 1"1, 33040 (Witness) RURKECONSTRUCTION GROUP, IN(-' ipal) (Sea 1) A R (A-i I N 8 V R A N (,. El C 0 M 1) (Surety) (Seal) (Witness) (Titlelf, Charles J, Nielson, Aay.-In-Faa 0 it C.28.b AIC 0000152509 - _ THIS POWER OF ATTORNEY IS OPT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. MAIMa named h - _ y those herein, and th C - o t i bind the Comp p me limits the sets of t - manner and to the extent herein Mated. Not valid for Mortgage, Note,-�UvanI of Credit, Bank Deposit, Curil Rate, Interest Rate or Residential Value Guarantees. - _ER OF ATT, ,, f N EY Know All Persons By These Presence - That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: =ArthurMawignice-12-illey of Charlotte, NC _ B1sca" Lake Worth, FL - Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, li (EACH) F. Danny Gann, Edward T. Ward and Audria R. Ward of Atlanta, GA (EACH) John R. Neu and Kevin Wojtowicz of St. Petersburg, FL (EACH) Laura D. Mosholder of Orlando, FL its true,and lawful Attome sin -Fa ed al, and deliver frog l kh date of issuance ' _ of this power for surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding -Ninety Mi rs ($90.000.000.00). authnot permit the same obis ation to be split into two or m 11I each such bond wcthil the dollar P a, 9 lima authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amp" all intents and purposes, as if the sIame had been duly executed and - adknowlefted by Its regularly elected d - t i dministrative 911fic , in, Ja y�Ry;#1 le jersey. This Power of Attorney is executed ut of reso ul-icons adopted by unanimous consent of the Board of Director t per - on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: at __hairman of the Board the„President, or the Executive Vicar nt_ - nior Vice President of -the Surly _ ness QvMrOr their appointees designated i in writing and filed witllmtbe r Skretary shall haveAhe-power and �ault�l agents and attgiryo rs ,�tarf Clt, and to authorize them suWAltdWelimitation forth in their respectiwpowell -- attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and - other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." CL CL y g - - yes' ' �Indl�Y'�uthorit�ti Of the fallowing resolunMyMe This Power of Attorney is si ned,al€rd smile under unanimous consent of the Board ofMil ofithe-ZDmil on September t,'1201: 1 VOTED, That the , signature of the Chairman of the Boardthe President, or the Executive Vic e ce President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in'writing and filed with the Secretary, and the Signature of the 2 Secretary, the seal of the Company, and certifications b th e he Secretary' maybe affixed attorney_facsimile on any power of attorney or bond CL�xeculte-dvurlIll the resolution adopted by the poi of Directors od Septedliber, 1 2GV4_-and any such powerso, a zcu cl, c ledariliftel with respect to an bend r clrld t ltpl�lg to which it j� _ to be valid and g apart P Y All OOMLOO13 00 03 03 PaRo,lbf,2 . Printed in U.S.A. Packet Pg. 1040 d� Al 0000152509 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29t' day of April, 2015. Attested and Certified Arch Insurance Company cxare SM Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS David M. m e stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. FJk_ a 741, ge ELN HrA NOMARUit. SEAL. F SEN SZitFIRAit3, Wary Ptft C4ofpma 04 ilk UcLohetIIOU, 17 !&4,sz-j"31----- elen Szafran, N6tary PlublicV My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 29, 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this_ 31 day Of _December_ 20 15 -, 4�w Patrick K. Nails, Secretary — This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance - Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 ��j czars 5M M(s1sod OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. Burke Construction Group/Anthony Burke & David Martinez COMM-11Ct Description mount I I fal [aild'ale Flementar" 18276M25 Central Comm, -1 ramd'cr Safi(mi 20,252,7126 3 Matanzas I ligh School -13,603,025 4 Cemnil Revion Operniion,, CenIL-l" I 6. i07. I U 5 Ifickon, Creek Flleaicrmar� 1 1 M4,955 0 Freeman Justice Center I 4L76 1 A14 7 Y Lj I ce I I j h School 23,671891 8 Green Cove Springs CitN 6 lall 1 1 M)6.939 9 13BB High School 16,230-2 13 10 South Dadc Cuhural Center 383 412-2) 80 I I Flttiera[d 0111ce Htfildkio 9J)00,000 12 flacetLi l3av middle School 3 3,24 & 114 13 Wards Creek School 14,899.00dO 14 limberlin Creck I'lementary 21,869-000 15 Ninth Grade Aticlifion 12,01 3%000 16 Creekside I I i h Schoo, 49154,000 17 Ncvaum A 1 7�637.470 18 V i-qu Park 8.400M0 19 Carnp Blandine Livc Fire Show. t 1mrse )AM 12 5 210 Stock Wand Fire Station 3,26M94 21 Nelson Fmflish/Wilhe Ward Park 1,204,747 I oull $369,201456 M= Bpow and Courm School W Z Palm Beach CoL 'a Flag,Qr ("mam, School Disi Rv�mch ourm, I willor I ljfiti('.s 001)�LFIH 0 L St. John-,, Coffllt\ School W rL N lC -onr(W 'OL 0 Nassau Coum, School IR 0 C"NOf(Ireen Cove Spri Flager School Dim 0 MN1111i Dade COL U t IS Army of F.U'll)i a) St- JOhIlS COUII(�School I St. JOhrl, COLIM) SC11001 W Nassau Counw School lU St, Johns C'ourvA School 11( 0 0 S1. .1(L,)hr1S Coulm, School fit m 4- 0 t 1S Arm.% Corp ol'Lngi m it� ol, w 0e� L- CL CL US Department of\,liharl All MOFrOe COL LO 1 jt,,L ol'KeiL V U) 0 CL 0 1,16BURKE Construction Group Inc. 12kl 1. For the fulfillment of this project we have assigned the following project team, resumes are attached. i. Brad Moretti: Project Manager/ Superintendent ii. Frank Latham: Field Foreman iii. Roxanna DeMeo: Project Coordinator 2. The attached organizational chart provides you with the key personnel/staff that will be responsible for planning and executing the project, should our firm be fortunate to be awarded 3. See the tab No. 06 for three (3) client or business references that the City may contact during the evaluation phase. Given the wide diversity of work performed by our firm we are providing you with six (6) references that will provide you with previously constructed sports fields as well as other municipal projects. 4. Office Location: Burke Construction Group, Inc. 10145 NW 191" Street Moral, Florida 33172 The individual designated to work on the Contract with the City will be the firm's president, Tony Burke, S. Scheduling: Depending on the Clients understanding and comfort with schedules, we will select the scheduling format that the client prefers to work with (Primavera, Suretrak, Project Office, Procore, etc.). In our opinion, we believe that it is vitally important to Monroe County community to open these fields as quickly as possible. Our approach to this project will be a fast - track approach, While our field foreman is supervising our in-house staff (equipment operators, carpenters, laborers) in preparing the physical improvements, the project manager and project coordinator will be ensuring that all product submittals are approved and the materials for the project are on a fast track delivery. There are two reasons we self -perform this type of work. one reason is quality of work, and the other is to control the schedule. Being that these are our employees, we can control the number of days and hours worked. So when warranted we are able to work any additional time necessary to meet our schedule. icket Pg. 1044 \ ,omw, BRADLEY MORETTI PROJECTMANAGER/SUPER INTENDENT SUMMARY: Brad Moretti has an extensive background in Land Development, Oilfield Location Construction, Golf Course Construction, Athletic Field Construction and Renovation, Construction Project Management, Golf Course operations and maintenance. He is a valuable asset due to his extensive experience in the development, design, construction and installation of both artificial and natural sports fields. PROJECT EXPERIENCE: �Q EDUCATION: ❖ Boston Red Sox Spring Training Facility, Ft. Myers, FL Stadium and six (6) practice fields ❖ Henderson Park Soccer Field s Siloam Springs High School — Synthetic Football Field, Siloam Springs, AR •3 Bishop Verot High School — Synthetic Football Field, Ft. Myers, FL s MaterAcademy— SyntheticAthleticField,HialeahGardens,FL s• Sea King Park, Naval Air Station — Jacksonville, FL Synthetic Multi -Use Field •3 Fort Sam Houston Synthetic Multi -Use Fields - San Antonio, TX Sites # 3, 4, S & 6— Physical Training Areas Lake Travis High School Synthetic Football Field - Austin, TX Southeastern University Stadium Football Field- Lakeland FL Socorro School District - El Paso, TX Five High School Synthetic Football Fields :• Houston Astros Spring Training facility— Osceola Stadium Kissimmee Mackie Park Renovations & Soccer Field, Marco Island 4• City of Belleview— Sports Complex Football Field Addition All Saints Academy Football Field, Winter Haven, FL :• Sertoma Park Football Field Renovations— Winter Haven, FL .• Wildwood Millenium Ball Park University of South Florida — Ft Myers campus BS —Earth Sciences, Minor in Geology June 1994 Edison Community College, Fort Myers, FL Associates of Arts —Earth Sciences June 1992 ❖ Marine Correspondence Institute, Washington, DC United States Marine— Security Guard School, Quantico, VA Ewa „"*N Notable Athletic Field Construction Proiects by Brad Moretti Project Name: Orange County HS — Practice Football Field- Orlando FL Project Contact Person: Bobby Ellis — Ellis Turf Services Work Performed Dates: May 5 through May 21, 2015 Project Name: Southeastern University Stadium Football Field- Lakeland FL Project Contact Person: Dean Ferrell, A -Turf Work Performed Dates: June 9 through July 29, 2014 Project Name: Frederick Community College Baseball Infield- Frederick MD Project Contact Person: Dean Ferrell, A -Turf Work Performed Dates: May 9 through June 8th, 2014 Project Name: Avery High School Baseball and Softball Infields — Avery NC Project Contact Person: Medallion Athletic Surfacing Work Performed Dates: October 2013 Project Name: University of South Carolina Volleyball Complex Project Contact Person: Medallion Athletic Surfacing Work Performed Dates: August 2013 Project Name: Henderson Park Soccer Field Project Contact Person: Medallion Athletic Surfacing Work Performed Dates: July 2013 Project Name: East Lake High School Synthetic Football Field — El Paso , TX Project Contact Person: Field Turf USA Work Performed Dates: June 1 through July 29, 2012 Project Name: Lake Travis High School Synthetic Football Field - Austin, TX Project Contact Person: Field Turf USA Work Performed Dates: May 14'' to August 4, 2012 Project Name: Fort Sam Houston Synthetic Multi -Use Fields - San Antonio, TX Sites # 3, 4, 5 & 6 — Physical Training Areas Project Contact Person: Field Turf USA Work Performed Dates: February 13`h to June 2, 2012 Project Name: Socorro School District - El Paso, TX Five High School Synthetic Football Fields Project Contact Person: Field Turf USA Work Performed Dates: March 15th - , July 28, 2012 Project Name: Sea King Park, Naval Air Station — Jacksonville, FL Synthetic Multi -Use Field Project Contact Person: Fieldturf USA Work Performed Dates: May 7t' to June 29, 2012 Project Name: Boston Red Sox Spring 'Training Facility, Ft. Myers, FL Stadium and six (6) practice fields Project Contact Person: Joe Pressler, Manhattan Construction Co. (239) 280-2620 Work Performed Dates: April 12, 2011 —January 31, 2012 Project Name: Maritime Park — Baseball Stadium Field, Pensacola, FL Project Contact Person: Vision Landscapes, Inc (205) 776-8841 Work Performed Dates: November 14, 2011 —January 31, 2012 Project Name: City of Key West Ball fields — Key West, FL Re -Construction of (7) Ball Fields Project Contact Person: Rod Delostrinos, Deputy Director Community Services (305) 809-3751 Work Performed Dates: November 7, 2011 — December 2, 2011 Project Name: Benton High School Field House — Benton , AR Project Contact Person: ProGrass LLC Work Performed Dates: November 9, 2011 — November 22, 2011 Project Name: Saint Leo University — NCAA Soccer Fields (2), Saint Leo, FL Project Contact Person: Work Performed Dates: August 1, 2011— November 1, 2011 Project Name: Siloam Springs High School — Synthetic Football Field, Siloam Springs, AR Project Contact Person: ProGrass LLC Work Performed Dates: July 25, 2011 — August 13, 2011 ?Ookl Project Name: Lakeland High School — Synthetic Field - Bryant Stadium, Lakeland FL Project Contact Person: Chris Wedge, Fieldturf USA Work Performed Dates: June 27, 2011 — August 8, 2011 Project Name: Bishop Verot High School — Synthetic Football Field, Ft. Myers, FL Project Contact Person: Chris Wedge, Fieldturf USA Work Performed Dates: June 17, 2011 — June 30, 2011 Project Name: Searcy High School — Synthetic Football Field, Searcy, AR Project Contact Person: ProGrass LLC Work Performed Dates: May 17, 2011— June 10, 2011 Project Name: Mater Academy — Synthetic Athletic Field, Hialeah Gardens, FL Project Contact Person: ProGrass LLC Work Performed Dates: March 10, 2011— March 25, 2011 Project Name: Embry -Riddle University Softball Stadium, Daytona Beach FL Project Contact Person: Chris Hardesty, ERAU Planning & Construction Director (386) 226-6512 Work Performed Dates: February 25, 2011— July 15, 2011 Project Name: Project Contact Person: Work Performed Dates: Project Name: Project Contact Person Work Performed Dates: Project Name: Project Contact Person: Work Performed Dates: Project Name: Project Contact Person: Work Performed Dates: Max Rodes Park Phase III, () Ball Fields, Melbourne, FL Jason Mulligan, Mulligan Constructors, Inc. (407) 654-6523 November 8, 2010 — February 22, 2011 Houston Astros Spring Training facility — Osceola Stadium Kissimmee Pete Rodriguez, Osceola Co Stadium (407) 873-5887 Willie Velez Osceola Procurement (407) 742-0900 October 11, 2010 thru November 8, 2010 St Leo University NCAA Softball Field — St Leo, FL Manhattan Construction September 27, 2010 thru November 30, 2010 Labelle Sports Complex, - Labelle, FL Steve Goble, Gulf Coast Site (239) 274-9516 September 13, 2010 thru October 1, 2010 Project Name: Saint Leo University Baseball In -Field Renovation, Saint Leo, FL Project Contact Person: Jose Caban, Director of Physical Plant Saint Leo University (352) 588-8362 Work Performed Dates: August 16, 2010 thru August 20, 2010 Project Name: Project Contact Person: Work Performed Dates: Project Name: Project Contact Person: Work Performed Dates: Project Name: Project Contact Person: Work Performed Dates: Project Name: Project Contact Person: Work Performed Dates: Hideaway Golf & CC Green s Renovation, Ft. Myers, FL Tom Dudas, Hideaway Country Club Property Owners Assoc. (239) 275-6232 May 17, 2010 thru July 30, 2010 All Saints Academy Football Field, Winter Haven, FL ProGrass, LLC July 19, 2010 thru September 10, 2010 Willie J. Williams Middle School Football Field, Moultrie, GA ProGrass, LLC July 7, 2010 thru July 28, 2010 Sertoma Park Football Field Renovations — Winter Haven, FL June 7, 2010 thru June 25, 2010 Project Name: Oakleaf Community Park Phase 1, Orange Park, FL Project Contact Person: Kari Starling, Clay County Earthwork and Construction of (4) Baseball fields Work Performed Dates: June 1st, 2010 — May 10, 2011 Project Name: Project Contact Person: Work Performed Dates: Port Charlotte High School Football Field Owen Ames Kimball Construction April 7, 2010 thru July 22, 2010 Project Name: City of Belleview — Sports Complex Football Field Addition Project Contact Person: City Of Belleview Work Performed Dates: March 24, 2010 thru May 12, 2010 Project Name: Osswald Park (6) Soccer Fields - City of Ft Lauderdale Project Contact Person: Burke Construction Group GC Work Performed Dates: March 1, 2010 thru April 23, 2010 Project Name: Mackle Park Renovations & Soccer Field, Marco Island Project Contact Person: City of Marco Island Work Performed Dates: February 11, 2010 thru April 19, 2010 Project Name: Osceola County Stadium, Houston Astros Spring Training Project Contact Person: Balfour Beatty Work Performed Dates: October 5 thru November 3, 2009 Project Name: City of Winterhaven- Diamondplex (5 fields) Project Contact Person: Pillar Construction Work Performed Dates: Sept 1, 2009 thru October 4, 2009 Project Name: Liberty County High School Football Field Project Contact Person: Rodger Osborne, (912) 977-2958 Work Performed Dates: June 15'' 2009 thru August 26d, 2009 Project Name: Wildwood Millenium Ball Park Project Contact Person: City of Wildwood Work Performed Dates: Feb 15, 2009 to June 5th, 2009 Project Name: Eastwood Golf Club Project Contact Person: Mr. Richard Lamb, Director of Golf, City of Ft Myers (239) 321-7491 Work Performed Dates: July 15, 2008 to Sept 5th, 2008 Project Name: Eastwood Country Club Project Contact Person: Richard Lamb, Director of Golf Operations (239)321-7491 Work Performed Dates: May 2007 to October 2007 Project Name: Wanderers Golf Club and Polo Fields Project Contact Person: Rex VanHoose, Jacobsen — Hardy GC Architect (281)413-5126 Work Performed Dates: March 2007 to September 2007 Project Name: Somerset at Plantation Golf Club Project Contact Person: Dr. Hurdzan, or Bill Kerman, GC Architects (614)457-9955 Work Performed Dates: September 2006 to October 2007 Project Name: Pelican Preserve Golf Club Project Contact Person: Chip Powell GC Architects Work Performed Dates: October 2007 to March 2008 Project Name: Wildcat Run Golf Club Project Contact Person: Chip Powell GC Architects Work Performed Dates: April 2006 to October 2007 Project Name: Hammock Bay Golf Club Project Contact Person: Jacobsen Hardy GC Architects Work Performed Dates: April 2003 to Jan 2004 Project Name: Venetian Golf and River Club Project Contact Person: Chip Powell GC Architects Work Performed Dates: April 2002 to Jan 2003 FRANK LATHAM - Field Foreman Frank Latham has successfully constructed, at the capacity of a superintendent, over 600 million dollars in commercial construction projects over the past (20) years. His role at this capacity was to supervise all trades in accordance with various scopes of work related to each project. Throughout the duration of each project Mr. Latham was in charge of all field operations and supervision of laborers, as well, as the superintendents for each subcontractor. In addition he was responsible for conducting subcontractor coordination meetings, and providing leadership and guidance to the sub —contractors project superintendents to insure accurate installations and completion of work. Mr. Latham has been part of the BCG team for nearly 4 years. Prior to that he spent 13 years with The Tower Group and 4 years with the Adler Group. ROXANNE DEMEO - Project Coordinator Roxanne Demeo started out as a field clerk over 30 years ago. She learned the construction industry from the ground up. In her career she has taken part in constructions projects from small office interiors all the way through helping to manage projects as high as $100 million. Her extensive knowledge in construction has allowed her to coordinate field activities at all levels. Some of her notable projects include Bonaventure Resort, Golf and Spa, Midtown Miami, The Palace at Weston, American Airlines Arena and Parrot Jungle Island. She is somewhat new to the Burke team but has worked with Tony Burke and David Martinez when they owned The Tower Group. Previously she was with Centerline Commercial for 3 years and Pool and Kent for 8 years. COMPANY NAME ADDRESS: CONTACT PERSON: TELEPHONE: COMPANY NAME - ADDRESS: CONTACT PERSON: TELEPHONE: COMPANY NAME ADDRESS- EASTON & ASSOCIATES 10165 NW 19th Street DCORAL, FL. 33172 PALL DOUGLAS TITLE. VP (305)593,-2222 CITY OF KEY WEST 3140 FLAGLER AVENUE KEY WEST, FLORIDA KREED HOWELL (850)890-9354 TOWN OF MEDLEY 7777 NW 72 N D AVENUE MEDLEY, FLORIDA JOE CORZO (305)887-954l X 143 TITLE: SR. CONSTRUCTION MANAGER Litigation Statement: The enclosed matrix will provide you a history of the firm' s, previous claims and litigation for the past five years. Given the volume of work performed on an annual basis the claims are very limited and 90% have been amicably resolved and closed. Burke Litigation Disputes in last 5 years 11/302015 Item Complaint Plaintiff Defendant Case No. Court Status Subcontractor paid late d'ue to late 17th Judicial payment to General! Contractor by Stone Age Pavers, Burke Construction Circuit, Broward I Owner Inc. Group, Inc. -CAGE 11-143SO 08, County Voluntary dismissal with Prejudice Subcontractor paid late due to late payment to General Contractor by !Arber & Associates, Burke Construction Miami -Dade 2 Owner 0nc. Group, Inc. 09-10953-SP-OS County Court Settled & Closed' 17thi Judicial. Disputed change orders and Burke Construction Circuit, Broward Settled on March 12, 2012 and 3 contract value Florida Blacktop, Inc. Group, Inc, 11-15525 County closed Dispute regarding advertising Hot Tuna of Miami contract related to a former Beach and Anthony Mianii-Dade 4 business owned by Anthony Burke Welcome Publishing Burke 10-10399-CC23-4 County Settled and closed :Claim tot, non-payment, unpaid change orders and claim for delay Broward County School 5 damages Burke Construction Board 13-027283 Broward County pending Subcontractor paid late due to BCG not being paid by the Burke Construction 6 owner(Broward County Schools) Cherokee Glass Group, Inc. CACE14002604 Broward County Settled and closed Claim by owner for damages caused by rain water intrusion during GRE Properties Burke Construction Being disputed by HCG Insurance 7 construction, Sheridan Hills, LLC Group, Inc. CACE-15-016282 Broward County company 1 !111, 1 � ..... ..... � FAMM IT, TIT-TIM996 1=1 0 r13MTMM,1;JTVTP=*, Ujil;IJAZEATTIRM. T Fill I 'PTURTUM 'EMSEM190MM Redevelopment of Bernstein Park SECTION 00110 PROPOSAL FORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 20 2. Bid Bond (Proposal Security) 25 3. Non -Collusion Affidavit 26 4. Lobbying and Conflict of Interest Clause 27 5. Drug -Free Workplace Form 28 6. Local Preference Form 29 7. Public Entity Crime Statement 30 8. Subcontractor Listing Form 31 9. Insurance Requirements and Checklist 32-37 10. Workers Compensation and Employers' Liability 38 11. General Liability 39 12. Vehicle Liability 40 13. Builders Risk (If needed) 41 14. Proposer's Insurance and Indemnification Statement 42-43 15. Insurance Agent's Statements 44 Contractor License Current Copy to Be Submitted with Proposal Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 16. 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 (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of PROPOSAL FORM 00110-Page 17 of 240 Redevelopment of Bernstein Park documentation demonstrating that the entity is a legally viable entity shall be attached. Anthony J. Burke - President (50%) & David W. Martinez - Vice -President (50%) (SEE TAB NO. 02) 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). (SEE TAB NO. 05) D. The number of years the person or entity has operated under its present name and any prior names. 8 yrs under Burke Construction (SEE TAB NO. 02) E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) NO. b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES (SEE TAB NO. 07) c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ( SEE TAB NO. 07) d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No PROPOSAL FORM 00110-Page 18 of 240 Redevelopment of Bernstein Park 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; Customer references (minimum of three), including name, current address and current telephone number; (SEE TAB NO. 05) Credit References (minimum of three), including name, current address and current telephone number; (SEE TAB NO. 05) g. Financial statements for the prior three years. Please provide in a separate sealed envelope for the Contractor's confidentiality, and clearly label the envelope "CONFIDENTIAL" one (1) original copy. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1 of the State Constitution.") PROPOSAL FORM 00110-Page 19 of 240 SECTION 00110 PROPOSALFORM Revised January 121h, 2016 PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: 10145 NW 19th Street Ili The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Redevelopment of Bernstein Park Stock Island, FI and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. Seven Million Nine Hundred EiVhty Thousand--------------------------------------- Dollars. (Total Base Proposal- words) $ 7,9 0,000.00 (Total Base Proposal — numbers) PROPOSAL FORM 00110 Page 22 of 205 I acknowledge Alternates as follows 1. ADD Alternate #1 Provide sound control gypsum board in Classroom 211 and 216 from floor to ceiling soffit at 12'-0" A.F.F. QuietRock ES by PABCO Gypsum or equal. Fiftv-Five Thousand----------------------------------------------------------------------- Dollars (Alternate #1- words) $ 55,000.00 (Alternate #1— numbers) 2. ADD Alternate #2 Provide and install a 25'-0" exposed height alum. Flag pole per Specification Section 10350 and as located on the Site Plan. Three Thousand Two Hundred Fiftv----------------------------------------------------- Dollars (Alternate #2- words) $ 3,250.00 (Alternate #2— numbers) 3. DEDUCT Alternate #3 Provide 4'-0" chain link fencing, vinyl clad, in lieu of 4'- 0" welded aluminum fencing included in the base bid. One Hundred Thousand------------------------------------------------------------------ Dollars (Alternate #3- words) $ (100,000.00) (Alternate #3— numbers) 4. ADD Alternate #4 Provide acrylic coating to all parts of condensing units 1-4 including fins and coils. Provide 10 year coating and product warranty. Eight Thousand Two Hundred------------------------------------------------------------Dollars (Alternate #4- words) $ 8,200.00 (Alternate #4— numbers) 5. ADD Alternate #5 Provide and install a digitally addressable control panel, for control and monitoring the building LED lighting system as provided by Acuity Brand Lighting Controls or equal. Eleven Thousand Seven Hundred-------------------------------------------------------- Dollars (Alternate #5- words) $ 11,700.00 (Alternate #5— numbers) 6. ADD Alternate #6 Provide a complete SyntheticTurf installation with drainage tile unUedaynnerd. over 0eotexd|e fabric over prepared, laser leveled subbase for the athletic field area bordered by conc. walks and/or curbs all to be based on the drawings, information and specifications provided. Four Hundred Six Thousand I Hundred (Alternate #8-words) (Alternate #8-numbers) 7' DEDUCT Alternate #7 Provide athletic field turf installation using Bermuda 419 sod in lieu of the Seashore Paspalum called for in the drawings. Boundaries and other requirements of the installation shall remain unchanged. (Alternate #7- words) (Alternate #7-numbers) 8' DEDUCT Alternate #8 Provide an asphalt sidewalk with prepared base. along Ghrinp Road in lieu of the concrete sidewalk shown between the property line and the retaining wall. Approximately 875 |in. Ft. x5'-O''width. Gee civil drawings for paving details. Ten Thousand Five Hundred Seventy -Five (Alternate #8-words) (Alternate #8-numbers) 9' DEDUCT Alternate #9 Provide prefabricated steel bar joists at24" o.o. for the exposed, sloped roof structure of classroom 211 and the flat roof portions of the building, in lieu of the vve|dedtube steel structures called for in the Structural Drawings for those locations. Note that the exposed, welded tube steel strusses at48" o.o. called for above classroom 221 will remain unchanged. See sheet A-8ofthe Drawings (Alternate #9-words) (Alternate #9-numbers) 10' DEDUCT Alternate #10 Delete the secondary drainage system of ADS advanedge panel drains as shown in the sodding detail (sports fields) on sheet LA:06 which helped direct water to the primary drainage loop shown on sheet C-3 of the Drawings which will remain unchanged. (Alternate #1O-words) (Alternate #1O-numbers) 1. unit Price #1 Cost per Cubic yard of additional Engineered Fill/Subbase Material as defined in the Technical Specifications Section 02300. Forty Three----------------------------------------------------------------------- Dollars/Cubic Yard (Unit Price #1 - words) $ 43.00 /Cubic Yard (Unit Price #1 — numbers) 2. Unit Price #2 Cost per Cubic yard of additional Bedding Course as defined in the Technical Specifications section 02300. hTiety-----------------------------------------------------------------------------Dollars/Cubic Yard (Unit Price #2 - words) $ 90.00 /Cubic Yard (Unit Price #2 — numbers) 3. Unit Price #3 Cost per Cubic yard of sifting/processing county provided fill to meet specification section 02300(cost includes haul -away and removal of unused debris that are not acceptable by the specifications).. Tirty----------------------------------------------------------------------------- Dollars/Cubic Yard (Unit Price #3 - words) $ 30.00 /Cubic Yard (Unit Price #3 — numbers) I acknowledge receipt of Addenda No.(s) No. 1 Dated Dec. 9e 2015 No. 2 Dated January 6, 2016 No. 3 Dated January 12, 2016 a. Proposal Form_, b, Proposal Security (Bid BonO) C, Non -Collusion Affidavit V I cl. Lobbying and Conflict of Interest Clause e. Drug -Free Workplace Form f. Subcontractor Listing Form-7 91 Proposer's Insurance and Indemnification Stateme,,nt h. Insurance Agents Statement (signed by agent)L, and i, Local Preference Form and requirements (if applicable), In addition, Proposer states that he has included a certified copy of Contractor's License, and Monroe County Occupational License, (Check- mark items above, as a reminder that jtff are included.) Mailing Address. 10145 NW 19TH STREET 500-iffmo "s-Z Date' January 19, 201E DORAL, FLORIDA 33172 David W, Martinez (Name) Vice -President (Title) a 4 t2- Witness: (Seal) PROPOSAL FORM 00 110 Page 22 of 205 SEE TAB NO. 04 FOR BOND Redevelopment of Bernstein Park BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Burke Construction Group, Inc located at 10145 NW 19th Street - Doral, Florida 33172 (Here-insert-nem-&-8rtd-ad ress-flf-fegM-titie-QfiQIRtmd-of) 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 Redevelopment of Bernstein Park Stock Island, FI. at Purchasing Department located at 1100 Simonton Street, Room 2-213 Key West, Florida 33040 (F�Fe-ic�sert-full-,-add�ss-aaddescra{ati��€-pGo}ect) 00%" 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 contact 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. (Witness) (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Title PROPOSAL FORM 00110-Page 25 of 240 1, l3avid W. Nlartinez of the diry - Moral, Florida according to law an my oath, and under penalty of perjury, depose and say that: I am Vice -President of the firm of Burkc, Construction Group, Inc, the proposer making the Proposal for the project described in the notice for calling for proposals for. 'rhe Redevelopment of Bernstein Park and that I executed the said proposal with full authority to do so. 2 The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition. as to any matter relating to such prices with any other proposer or with any competitor; 3, Unless otherwise required by law, the prices which have been quoted in this, proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. and 4 No attempt has been, made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition-. and 5, The statements contained in this affidavit are true and correct, and made with full knowledge that said project. (Signa6we-&*r?o`p_oser) STATE OF Florida COUNTY OF: Nfiami-Dade Januar.N 19, 211'J16 (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, David W. %jartinez who, after first being sworn by me, (name of individual signing) affixed his1her signature in the space provided above on this 19 day of Janugry 20 16 NQTAR Y _RIJBIL I C My commission expires: I l /09/io 19 PROPOSAILFORM 00 11 O-Page 26 of 240 I r_ 5 -:I I I I I I ETHICS CLAUSE Burke COnStRICtiOrl GrOUP, JnC. msm�. 11 warrants that he/it has not employed- retained or otherwise had act on his/its behaIIf 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 :he former County off cer or employee". (Signature) Date January 19, 2014 STATE OF Florida COUNTY OF: Wiaii-Dade Subscribed and sworn to (or affirmed) before me on January 19, 2016 (date) by Drivid W. Martinez (name of affiant). He/She is personally known to me . . ........ . . . . . . ............... or has produced identification) My commission expires: 1 [11,09/20119 --- as identification . (Type of PROPOSALFORM 00 110- Page 27 of 240 �ti ;. .}..mac 1 111111111 1, 111 : 111111111illillilill I I . , 1 * W , I I L I FNTNTM5101 10 �__ �_, �*._ , 71 The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that-. BurkkConstruction Group. Inc, 2i 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 inrnployee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1 Gives each employee engaged in providing the commodities or contractual services that gre 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 concliti of working on the commodities or contractual services that are Under proposal, the employ jom%owill abide by the terms of the statement and will notify the employer of any conviction of,,, or pI of guilty or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of a controlled substance law of the United States or any state, for a violation occurring in t workplace no later than five (5) days after such conviction. I 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such 'is available in the employee's community, or any *mployee who is so convicted, 6, Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section, As the person authorized to sign the statement. I certify that this firm complies fully with the above requirements. Proposer's S4ture January 19, 2016 W1 PROPOSAL FORM 00 110- Page 28 of 240 A- Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinaf7ce No. 004-2015, must complete this form. Name of Bidder/responder Burke Construction GrOL.q2. �M.. Cate Jariwiry 19. 2016 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? yes (Please furnish COPY.) (see mt,,iclhed) 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? Ye.�. ba not hmkA ,,* P3 ild N10111MIZ 50",, OM 1s :1 ICSI&111 OC '00111oo COL1111Y (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) I� List Address. 32W FLigler Aventie� Key W'est, fT 33040 Telephone Number° (305014-80-34 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? Y Q's If yes, please provide. 1 - Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2, Subcontractor's physical business address within Monroe County from which the subcontractor operates: {The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) 10145 N W 19th Strect, Doral, Fl, 33 172 11 ignature and Title of AuthcT�7kd Signatory for lidder/Responder fflzfll�� 'Wilummus 2 ,Nfinmi-Dade Tel. Number (30)468-6604 Print Name. David W, Martinez On this 19 day of January 20 16 , before me, the undersigned notary public, personally appeared D,,,ivid W, -M,tsrlirwz -- knmrl-tea. mg to be the person whose name is subscribed above or who produced as identification, and acknowledged that the, he/she is the person who executed the above Local Preference Form for th, rposes therein contained. My commission expires: 11/0,9/2019, Print Name Amarilis Flores —My COMMLSSUN # FF93rV EXPIRES: %vembeT9.2019 PROPOSALFORM 00 11 OPag e 29 of 241 I 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 subriiit a bid on a contract with a public entity for the construction c)r repair of" a PUblic building or public work., may not submit bids on leases of real property to piriblic entity, ilia), not be awarded or perform work as a contractor. supplier, subcontractor, or CONTKACTOR under a contract with any public ent ity. and may not transact business with any public entity in excess or the threshold arnount provided in Section 287.0 17, Florida Statutes, for CATFGORY TWO for a period of 36 rnonth s fi-orn the date of being placed on the conN icted vendor list.." I have read the above and state that neither Burke Construction Group, Inc. (Proposer's narne) nor any Affiliate has been placed on the convicted vendor list within the last 36 months, (Signature) Date: January 19, 2016 STATF' OF Florida COUNTY 01,,: Miami -Dade Subscribed and sworn to (or affirmed) before race on the 1day of January. 20 16,-,-- by David W. Martinez (name ofaffiant). I le/She j� �ierson�allkn�own to nee or has produced (type of identification) as identificat[09, NIV Commission ENpi �/09/20 19 ps: Alv W N OARJUS FLORES OTA j_ t3 , ,T C, ) My CONNSSION # FF 93211921 A ® EXPIRES. November 9, 2019rw tGpde4 Thr., awdg=r NoMy W*5 / a c a ® 3 � w:.. ,« >. ��.��77 w ) � y � �� a � � �, �® / td� T5� d y� � v Redevelopment of Bernstein Park SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w/area Fax: Cell: Address code 02 AlA Sod Sand & Soil Carmen 305-245-4445 28400 S. Dixie, Homestead, T) 02 Greenfields, Turf Herb Zabel 678-673-1063 a 05 Capitol Steel Structures Ruben Diaz 305-633-5008 2 07 A+ Roofing of Key West 305-296-2568 1107 Key Plaza, #317, Key 08 Mr. Glass Door & Window Iordan 786-837-0037 15 Florida Keys Fire Sprinkler Jason 305-294-3473 1107 Key Plaza,# 292, KW 15 Certified Lower Keys Plumbing Barry Barroso 305-296-5959 1014 White St., KW a) 15 TEM Environmental Tom M. 305-414-8290 3210 Flagler Ave., KW 16 Florida Keys Electric Raymond V. 305-296-4028 5730 2nd Ave., KW, FL `- a L r- 0 L 0 L L 0 4- 0 M 0 CL End of Section 00110 CL CL PROPOSAL FORM 00110-Page 31 of 240 SECTION 00120 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MAN AGEME NT POLICY AND, PROCEDURES Genet -at Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including thepre-staoino ot'personnel and material), the ContracLor shall obtain. at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor vvill ensure that the histirance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative the Contractor niay require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to corrimence work governed by this contract g (including pyre -staging of personnel and material) until satisfactory eIdence of the required insurance has been furnished to the County as specified below. Delays in the coin in encernent of kvork, resulting from the failure of the Contractor to provide satisfactory evidence of the rcqUired insurance. shall not, extend deadlines specified in ll�lis contract and any penalties and failure to perform assessments shall be imposed as ifthe work coinmenced on the specified date and th-ne. except I'or the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance thrOU1,411OUt the entire term of this contract and any extensions specified in any attached schedules, l-'aikire to comply with this provision may result in the irnmediai�e 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 ( ' 'ontractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and Failure to 1,,)erformassessments shall be imposed as it' the work had not been suspended, except for the Contractor's failure to mainunn the required Insurance. The Contractor will be held responsible for al I deductibles and self insured retentionsthat may be contained in the Contractor's Insurancepolicies. The Contractor shall provide. to the County, as satisfactory evidence of' the required insurance, either: 4 Certificate of Insurance or 4 A Certified copy of the actual inSUI-WICe Policy. The County. at its sole option, has the right to NCILIeSt as certified C0pV Of W13, or all INSURANCE REQUtRMENTS AND FORMS 00 1 20- Page 32 of 240 lia Redevelopment of Bernstein Park 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. 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 inwriting on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County RiskManagement. INSURANCE REQUIRMENTS AND FORMS 00120-Page 33 of 240 cia Redevelopment of Bernstein Park MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X"will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1 Employers Liability $100,000/$500,000/$100,000 WC2 Employers Liability $500,000/$500,000/$500,000 WC3 X Employers Liability$1,000,000/$1,000,000/$1,000,000 WCUSLH US Longshoremen & $1,000,000 Harbor Workers Act WCJA Federal Jones Act $1,000,000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 34 of 240 I Redevelopment of Bernstein Park GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations Products and Completed Operations • Blanket Contractual Personal Injury Required Limits: GL 1 GL2 GL3 GL4 X GL5 GL6 GL7 Required Endorsement: $300,000 Combined Single Limit $500,000 Combined Single Limit $1,000,000 Combined Single Limit $2,000,000 Combined Single Limit $3,000,000 Combined Single Limit $4,000,000 Combined Single Limit $5,000,000 Combined Single Limit GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 240 Redevelopment of Bernstein Park VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Owned; Non -owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or "Not for Profit" organizations. Risk Management must approve the use of this form). VL2 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VL3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR1 X Builders' Limits equal to the Risk Full Replacement Value of the completed project. CL1 Cyber Liability $1,000,000 MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 300,000 per Occurrence/$ 500,OOOAgg. PRO2 Liability $ 500,000 per Occurrence/$1,000,000 Agg. PRO3 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg. POL3 $3,000,000 per Occurrence/$6,000,OOOAgg. POL4 $5,000,000 per Occurrence/$10,000,000 Agg. ED1 Employee $ 10,000 ED2 Dishonesty $100,000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 240 cia r"I Redevelopment of Bernstein Park GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MED1 Medical $ 300,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,0001$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of County Property that will be in the Bailee's posession. HKL1 Hangarkeepers$ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 HKL4 $ 5,000,000 AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIRS $50,000,000 AEO1 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AEO2 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. AEO3 $ 1,000,000 per Occurrence/$3,000,000 Agg. AEO4 $ 3,000,000 per Occurrence/$5,000,000 Agg. ARP All Risk Property Full Replacement Value of Structure EO1 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. EO2 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. EO3 $ 1,000,000 per Occurrence/$2,000,000 Agg. EO4 $ 5,000,000 per Occurrence/$10,000,000 Agg. INSURANCE REQUIREMENTS AND FORMS 00120-Page 37 of 240 Redevelopment of Bernstein Park WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Redevelopment of Bernstein Park BETWEEN MONROE COUNTY, FLORIDA AND Burke Construction Group, 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 Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1.000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee /1"*, Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC3 INSURANCE REQUIREMENTS AND FORMS 00120-Page 38 of 240 Redevelopment of Bernstein Park GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Redevelopment of Bernstein Park BETWEEN MONROE COUNTY, FLORIDA AND Burke Construction Group, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability ••, The minimum limits acceptable shall be: $2,000,000 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. GI-4 INSURANCE REQUIREMENTS AND FORMS 00120-Page 39 of 240 ,.., Redevelopment of Bernstein Park VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR Redevelopment of Bernstein Park BETWEEN MONROE COUNTY, FLORIDA AND Burke Construction Group, 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: $1,000,000 Combined Single Limit (CSL) t*�a If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL 3 INSURANCE REQUIREMENTS AND FORMS 00120-Page 40 of 240 Redevelopment of Bernstein Park BUILDERS RISK INSURANCE REQUIREMENTS FOR Redevelopment of Bernstein Park BETWEEN MONROE COUNTY, FLORIDA AND Burke Construction Group, Inc. The contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the county, Builders Risk Insurance on an All Risk of Loss form. Coverage shall include Theft Aircraft Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion The polict limits shall be no less that the amount of the full replacement value of the completed structure and coverage shall be provided on a completed value basis. Propoerty materials, or supplies located on the construction premesis, which is intended tp become a permanent part of the building, shall be included as property insured. The policy shall be endorsed permitting the county to occupy the building prior to completion without effecting the coverage. The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss payee. BR1 INSURANCE REQUIREMENTS AND FORMS 00120-Page 41 of 240 Redevelopment of Bernstein Park 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 Builder's Risk: Required Statutory Limits $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee $2,000,000 Combined Single Limit Limits equal to the full replacement value of the complete project Vehicle Liability (Owned, non -owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Public Construction bond Required. Bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). 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 INSURANCE REQUIREMENTS AND FORMS 00120-Page 42 of 240 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. 1111511340 2% 6-1 an 6160112% 1:4 A In Eli I understand the insurance that will be mandatory if awarded the contract and will comply in full I with all the requirements. I fully accept the indemnification and hold harmless as set out on pag,9 00 110- 12 of th is proposal . Pmgmftffmm�� Signature INSURANCE REQUIREMENTS AND FORMS 00 120- "as 43 of 240 5 111 Redevelopment of Bernstein Park INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY General Liab-GL2053366 Workers Comp-WC2053365 Umbrella-5811049062 DEDUCTIBLES None None None Liability policies are X Occurrence Claims Made Insurance Agency Signature Business Auto- Hired & Non -Owned Auto Only Policy #CA2053364 Deductible None End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00120-Page 44 of 240 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Twentieth Day of April Two Thousand and Sixteen BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Burke Construction Group„ Inc. 10145 NW 19�h Street Doral, FI 33172 For the following Project: Redevelopment of Berstein Park Scope of the Work 1. Project Overview The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary to construct the new Monroe County, Bernstein Park re -development, approximately 6 acres, on Stock Island, Florida in accordance with the Contract Documents, applicable codes and Florida Green Building Coalition, Certification requirements as outlined in the documents. New work to include: 1. Clearing the existing site and protecting adjacent areas. 2. Site modifications; to provide two new parking areas with drives walks and accessibility features; elevate the majority of the remaining area of the park by approximately 2'-0" with retaining walls, fencing, gates, steps and ramps; provide a loop walk around facility. 3. Athletic facilities including; Soft ball field with clay Infield, backstop, dugouts and limited bleachers; Soccer fields; Basketball court, asphalt with goals and stripping; all with drainage systems and field lighting; all field areas to be natural turf. 4. Children's Playground with prefabricated play equipment, shade structures and recycled rubber accessible surfacing. Buildings to include: AGREEMENT 00500-Page 4 of 50 5. New Community Center; two story with flood proofed ground level, approximately 6,650 gross square feet enclosed with classrooms, office, restrooms and kitchen upstairs and athletic field support features; toilet rooms, concession, security and storage downstairs. 6. Maintenance Building; one story prefabricated metal building approximately 960 gross square feet enclosed, flood proofed with equipment storage, toilet room and work shop. 7. Shade Pavilion; 20'-0" by 40'-0" prefabricated aluminum, open, roofed structure with concrete slab and utilities. 8. Rainwater Harvesting and cistern; rainwater will be collected from the Community Center and Maintenance buildings with a 15,000 gal. underground storage tank capacity which will be augmented with processed recycled water from the local utility and used for irrigation of the facility. 3. General Requirements A. Construction work times shall be limited to: 8:00 am to 5:00 pm Mon -Fri B. Contractor needs to be aware of weather and location and plan accordingly. C. Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each days works shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal work period/ day. D. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The contractor will be responsible to obtain all additional necessary permits and approvals including the: Monroe County Building Dept., Fire Marshall, South Florida Water Management District and any other permitting or regulatory agencies as applicable. E. SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 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. AGREEMENT 00500-Page 2 of 50 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 4. If in the event of conflicting, or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Project Management in any event, in order to not compromise the Owner's right to make appropriate decisions. 5. Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. The Contractor shall not store materials, tools or debris inside the building with out written permission. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. 7. The Contractor shall coordinate with Owner's representative on available hours for .fob Site access. Job site will have limited 8:00 AM-5:OOPM work hours. Contractor will need to schedule work shifts typically from 8:00 AM- 5:OOPM weekly. Any change to agreed upon schedule must be obtained in writing with a minimum of 72 hrs advanced notice. 8. Coordination of each days works shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal each work period. ARTICLE 9 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: AGREEMENT 00500-Page 3 of 50 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 Three Hundred Thirty (330) 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. FIRST SECOND 31 ST 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. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seven Million Nine Hundred Eighty Thousand and No/100 Dollars ($7,980,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum above does not include the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: ................................................................ REJECTED ADD NO.2 Provide and install a 25'-0" exposed height alum. Flag pole per Specification Section 10350 and as located on the Site Plan ADD: Three Thousand Two Hundred Fifty Dollars........................................ACCEPTED I al -I ME r" all uffffiwn Min .................................................... REJECTED AGREEMENT 00500-Page 4 of 50 ADD NO.4 Provide acrylic coating to all parts of condensing units 1-4 including fins and coils. Provide 10 year coating and product warranty. ADD: Eight Thousand Two Hundred Dollars...............................................ACCEPTED ADD NO.5 Provide and install a digitally addressable control panel, for control and monitoring the building LED lighting system as provided by Acuity Brand Lighting Controls or equal. ADD: Eleven Thousand Seven Hundred Dollars............................................ACCEPTED mod' ............................. REJECTED DEDUCT NO.7 Provide athletic field turf installation using Bermuda 419 sod in lieu of the Seashore Paspalum called for in the drawings. Boundaries and other requirements of the installation shall remain unchanged. DEDUCT: Twenty Nine Thousand Eight Hundred Dollars...............................ACCEPTED DEDUCT NO.8 Provide an asphalt sidewalk with prepared base, along Shrinp Road in lieu of the concrete sidewalk shown between the property line and the retaining wall. Approximately 675 lin. Ft. x 5'-0" width. See civil drawings for paving details. DEDUCT: Ten Thousand Five Hundred Seventy Five Dollars..........................ACCEPTED DEDUCT NO.9 Provide prefabricated steel bar joists at 24" o.c. for the exposed, sloped roof structure of classroom 211 and the flat roof portions of the building, in lieu of the weldedtube steel structures called for in the Structural Drawings for those locations. Note that the exposed, welded tube steel strusses at 48" o.c. called for above classroom 221 will remain unchanged. See sheet A-6 of the Drawings. DEDUCT: Forty Thousand Eight Hundred Dollars.........................................ACCEPTED ..........................................REJECTED END ALTERNATES 4.3 Unit prices, if any, are as follows: Unit Price #1 Cost per Cubic Yard of Additional Engineered Fill/Subbase Material as defined in the Technical Specifications section 023000............................l=orty Three Dollars/CubicYard AGREEMENT 00500-Page 5 of 50 Unit Price #2 Cost per Cubic Yard of Additional Bedding Course as defined in the Technical Specifications section 023000 ....................................................Ninety Dollars/Cubic Yard Unit Price #3 Cost Per Cubic Yard of sifting/processing county provided fill to meet specification section 023000(cost includes haul -away and removal of unused debris that are not acceptable to the specifications..................................................................Thirty Dollars/Cubic Yard 4.4 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum including all Six accepted alternates a grand total of Seven Million Nine Hundred Twenty One Thousand Nine Hundred Seventy Five and 001100 ($7,921,975.00). ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and AGREEMENT 00500-Page 6 of 50 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 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 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) 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. AGREEMENT 00500-Page 7 of 50 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 Article 34 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. 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 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action AGREEMENT 00500-Page 8 of 50 or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable 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 advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor AGREEMENT 00500-Page 9 of 50 specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1686-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by AGREEMENT 00500-Page 10 of 50 the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. AGREEMENT 00500-Page 11 of 50 s) Attestations. Contractor agrees to reasonably require, to include a Public Entity Drug -Free Workplace Statement. execute such documents as the County may Crime Statement, an Ethics Statement, and a t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by 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 (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or 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 AGREEMENT 00500-Page 12 of 50 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 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Insert information here). Draw in s A-0 A-3 A-7 ID-2 P-1:P-9 A-1 A-3.1 A-7.1 ID-3 A-1.1 A-4 A-8 ID-3.1 C-1:C-12 A-1.2 A-5 A-8.1 A-1.3 A-5.1 A-9 S-1:S-16 L-1:L-7 A-1.4 A5.2 A-1.5 A-6 LS-1 E-1:E-30 IRRI:IRR3 A-2 4-6.1 ID-1 A2.1 A-6.2 ID-1.1 M-1:11VI-6 SU1: SU2 b) Project Manual: Technical Specification June 2015, Florida Green Commercial Building Reference Standard July is; 2011, Wingerter Labs Geotehcnical Report Feb 3'd, 2015 Asbestos Report By EEBG Dated October 1". 2014 AGREEMENT 00500-Page 13 of 50 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: 9.1.4 The Addenda, if any, are as follows: Number #1 #2 #3 9.1.5 The Alternates, if any, are as follows: Date Page(s) December 9`h, 2015 1 January 6'h, 2016 30 Janaury 12th, 2016 41 1. ADD Alternate #1 Provide sound control gypsum board in Classroom 211 and 216 from floor to ceiling soffit at 12'-0" A.F.F. QuietRock ES by PABCO Gypsum or equal. ........................................................................................................... REJECTED 2. ADD Alternate #2 Provide and install a 25'-0" exposed height alum. Flag pole per Specification Section 10350 and as located on the Site Plan...........................ACCEPTED 3. DEDUCT Alternate #3 Provide 4'-0" chain link fencing, vinyl clad, in lieu of 4'- 0" welded aluminum fencing included in the base bid.......................................REJECTED 4. ADD Alternate #4 Provide acrylic coating to all parts of condensing units 1-4 including fins and coils. Provide 10 year coating and product warranty........................ACCEPTED 5. ADD Alternate #5 Provide and install a digitally addressable control panel, for control and monitoring the building LED lighting system as provided by Acuity Brand lighting Controls orequal..............................................................................................ACCEPTED 6. ADD Alternate 96 Provide a complete Synthetic Turf installation with drainage tile underlayment, over geotextile fabric over prepared, laser leveled subbase for the athletic field area bordered by conc. walks and/or curbs all to be based on the drawings, information and specifications provided.........................................................................REJECTED 7. DEDUCT Alternate #7 Provide athletic field turf installation using Bermuda 419 sod in lieu of the Seashore Paspalum called for in the drawings. Boundaries and other requirements of the installation shall remain unchanged.......................................................ACCEPTED 8. DEDUCT Alternate #8 Provide an asphalt sidewalk with prepared base, along Shrinp Road in lieu of the concrete sidewalk shown between the property line and the retaining wall. Approximately 675 lin. Ft. x 5'-0" width. See civil drawings for paving details....... ACCEPTED 9. DEDUCT Alternate #9 Provide prefabricated steel bar joists at 24" o.c. for the exposed, sloped roof structure of classroom 211 and the flat roof portions of the building, in lieu of the AGREEMENT 00500-Page 14 of 50 weldedtube steel structures called for in the Structural Drawings for those locations. Note that the exposed, welded tube steel strusses at 48" o.c. called for above classroom 221 will remain unchanged. See sheet A-6 of the Drawings ...................................................ACCEPTED 10. DEDUCT Alternate #10 Delete the secondary drainage system of ADS advanedge panel drains as shown in the sodding detail (sports fields) on sheet LA:06 which helped direct water to the primary drainage loop shown on sheet C-3 of the Drawings which will remain unchanged...........................................................................................REJECTED END ALTERNATES This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. 9.1.6 The Unit Prices Unit Price #1 Cost per Cubic Yard of Additional Engineered Fill/Subbase Material as defined in the Technical Specifications section 023000. Unit Price #2 Cost per Cubic Yard of Additional Bedding Course as defined in the Technical Specifications section 023000. Unit Price #3 Cost Per Cubic Yard of sifting/processing county provided fill to meet specification section 023000(cost includes haul -away and removal of unused debris that are not acceptable to the specifications). BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT 00500-Page 15 of 50 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 AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: Amy Heavilin, Clerk By: Deputy Clerk Date (SEAL) Attest: By: Print Name: Title: Date: And: By: Print Name: Title: Dare: STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman CONTRACTOR BURKE CONTRUCTION GROUP, INC. By: Print Name: Title: Date: MONROE COUNTY ATTORNEY APPROVED AS TO FORM �CHRISAMU116SlO ASSISTANT COUNTY ATTORNEY' Date: 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 The Redevelopment of Bernstein Park for the purposes therein contained. Notary Public Print Name My commission expires: End of Section 00500 Seal AGREEMENT 00500-Page 16 of 50 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by Project Management. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between Project Management and Contractor, (3) between the Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Project Management and Architect. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Project Management. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 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 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. GENERAL CONDITIONS OF THE CONTRACT Page 17 of 50 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11 "x 17" drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation GENERAL CONDITIONS OF THE CONTRACT Page 18 of 50 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities except for permits and fees which are the responsibility of the Contractor under the Contract Documents. It is the Contractor's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management and may contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the 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 GENERAL CONDITIONS OF THE CONTRACT Page 19 of 50 notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. in the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and contractor is required to rectify deficiency immediately. 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 discovered. The Contractor shall not be liable to the Owner, Project Management or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the GENERAL CONDITIONS OF THE CONTRACT Page 20 of 50 Work under this Contract, subject to overall coordination of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Project Management in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unlit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractor will remove and/or replace the employee at the request of Project Management. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The GENERAL CONDITIONS OF THE CONTRACT Page 21 of 50 Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Contractor will be responsible for all building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project Management, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Project Management, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Project Management and shall not be changed except with the consent of Project Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 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 GENERAL CONDITIONS OF THE CONTRACT Page 22 of 50 Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Project Management's approval. 3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 Project Management will schedule and conduct a project meeting at a minimum of one meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Project Management and Architect and shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance with the schedule and sequence approved by Project Management, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Project Management in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project Management. Such Work shall be in accordance with approved submittals. GENERAL CONDITIONS OF THE CONTRACT Page 23 of 50 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Project Management approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Project Management and Architect in writing of such deviation at the time of submittal and Project Management have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Project Management's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Project Management and Architect on previous submittals. 3.12.10 Informational submittals upon which Project Management are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Project Management for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Project Management shall also be required. The Contractor shall not unreasonably withhold from Project Management or any separate contractor his consent to cutting or otherwise altering the Work. GENERAL CONDITIONS OF THE CONTRACT Page 24 of 50 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block -out, cutout opening, or other hole in any fire -related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Project Management. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Project Management and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this GENERAL CONDITIONS OF THE CONTRACT Page 25 of 50 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 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 GENERAL CONDITIONS OF THE CONTRACT Page 26 of 50 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. !M— 1=051117=2 I 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 and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management and shall be contemporaneously provided to the Architect. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 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 GENERAL CONDITIONS OF THE CONTRACT Page 27 of 50 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 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Project Management's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. Project Management actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Project Management action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project Management, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.6 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 Project Management will provide one or more project representatives to assist in carrying out his responsibilities at the site. The duties, responsibilities and limitations of GENERAL CONDITIONS OF THE CONTRACT Page 28 of 50 authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Project Management's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of Project Management will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, Project Management will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice 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 precendent shall constitute a waiver by the Contractor of any claim for additional compensation. GENERAL CONDITIONS OF THE CONTRACT Page 29 of 50 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 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, 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 period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. GENERAL CONDITIONS OF THE CONTRACT Page 30 of 50 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor' does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub -subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 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, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or GENERAL CONDITIONS OF THE CONTRACT Page 31 of 50 Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner or Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Project Management. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Project Management, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Project Management shall be held harmless for any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. GENERAL CONDITIONS OF THE CONTRACT Page 32 of 50 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. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Project Management within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Project Management determines to be just. 7.0 CHANGES IN THE WORK GENERAL CONDITIONS OF THE CONTRACT Page 33 of 50 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Project Management and Contractor; a Construction Change Directive require agreement by the Owner, Project Management and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by Project Management alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work 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 for 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 GENERAL CONDITIONS OF THE CONTRACT Page 34 of 50 extra Work activity claim. Each daily force account form shall be signed by the designated Project Management representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Project Management. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Project Management. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); 2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. GENERAL CONDITIONS OF THE CONTRACT Page 35 of 50 .1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 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 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 Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Project Management in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. GENERAL CONDITIONS OF THE CONTRACT Page 36 of 50 8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Project Management, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Project Management, or by any other cause which Project Management determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Project Management not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 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. GENERAL CONDITIONS OF THE CONTRACT Page 37 of 50 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to Project Management, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Project Management may require. This schedule, unless objected to by Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no 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 GENERAL CONDITIONS OF THE CONTRACT Page 38 of 50 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 Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by Project Management to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of Project Management's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Project Management. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Project Management cannot agree on a revised amount, Project Management shall process the Application for the amount it deems appropriate. Project Management may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent 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. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. GENERAL CONDITIONS OF THE CONTRACT Page 39 of 50 9.6 Progress Payments 9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify Project Management. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Project Management to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Project Management on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Project Management shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Project Management to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the GENERAL CONDITIONS OF THE CONTRACT Page 40 of 50 Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub -subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project Management will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under 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 required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Project Management shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work GENERAL CONDITIONS OF THE CONTRACT Page 41 of 50 shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Project Management. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Project Management's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CDIDVD of all the following but not limited to: GENERAL CONDITIONS OF THE CONTRACT Page 42 of 50 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). 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). GENERAL CONDITIONS OF THE CONTRACT Page 43 of 50 10.1.5 if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Project Management in writing. The Owner, Contractor and Project Management shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. if the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions GENERAL CONDITIONS OF THE CONTRACT Page 44 of 50 of the Owner, Project Management or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Project Management. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either: GENERAL CONDITIONS OF THE CONTRACT Page 45 of 50 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: Required 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of this Contract. 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 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 GENERAL CONDITIONS OF THE CONTRACT Page 46 of 50 Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to GENERAL CONDITIONS OF THE CONTRACT Page 47 of 50 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, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: For Owner: Director of Proiect Management 1100 Simonton St., Room 2-216 Key West, Florida 33040 13.4 Rights and Remedies Assistant County Administrator, PW & E 1100 Simonton St. Key West, Florida 33040 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. GENERAL CONDITIONS OF THE CONTRACT Page 48 of 50 13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Project Management timely notice of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Project Management, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Project Management will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Project Management of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Project Management. 13.5.5 If Project Management is to observe tests, inspections or approvals required by the Contract Documents, Project Management will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause GENERAL CONDITIONS OF THE CONTRACT Page 49 of 50 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Project Management, and upon certification by Project Management that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and 3 finish the Work by whatever reasonable method the Owner may deem expedient. 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. U.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 General Conditions GENERAL CONDITIONS OF THE CONTRACT Page 50 of 50 M BID (PROPOSAL) BOND KNOW ALL VE�� :14 ARCH INSURANCR COMPANY as Principal, hereinafter called the Principal, and 300 Plazallirce, 3fd Fluor, lencyCity. NJ 07311-1107 MISSOUTI a corporation duly organized under the laws of the State of as Surety, hereinafter called th's Surety, are held and firmly bound unto MONROE COUNTY BOARD OF COUWY COMMISSIONERS 1100 Simonton Street, Room 1 213. KLy Wtmt. FL 33040 (Here insert full name and address or legal title of Owner) Five P rBjd4iiofnt (9) as Obligee, hereinafter called the Obligee, in the sum OMMA or e payment of which s vy-i7motel"s 7��Ini executors, administrators, successors and assigns, jointly and severally, firmly by these presents. RtDEVELOPMENI'OF BERN�TMIN PARK WHEREAS, the Principal has submitted a bid for 53005thAvenuc,SLO&[Sland,FL33G40 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract Wth 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 contact 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 withtha'- notice and time limita ions provisions in Section 255.05(2), Florida Statutes. BURXECONSTRUCTIOU GROUP. INC, (P I ipal) (Sepl) M= (S u r ty) 7ZY (Seal) (Title h,,I,, ). Nielson, Atty,ln-Fact PROPOSAL FORM 00 11 O-Page 25 of 240 arszrrs c ace a<� �,ft 3, K AIC 0000152509 TftlS POWER OFATrORNEY !P1 T VALID UNLESS ITIS PRINTED 9ACKGROUNO1.. �l t f `of= lllbme limits the acts of those named herein, and a Ind the Co manner and to the extent herein stated. Not valid for Mortgage, Note, Coan; 1 far f Cred14 Bank Deposlt,� �n� Rate, Interest Rate or Residential Value Guarantees. OF ATTORNEY �ER �i� ash z e. �� ` Know All Persons By These Prese TR 1e,11111 That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: G �� r ti r�' e�ey of Charlotte. NC . e ,of Lake Worth FL�ati Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, L (EACH) F. Danny Gann, Edward T. Ward and Audria R. Ward of Atlanta, GA (EACH) John R. Neu and Kevin Wojlowicz of St, Petersburg, FL (EACH) Laura D. Mosbolder of Orlando, FL P Y 4Y �i � i 14 i1 -Y Its true and lawful Attomey(s)ln-Fa a executes ,and deliver frarjf bate of issuance of this power for-11 oSlll T rs' s: a e. surety, and as Its act and deed: , Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding tw r�. ��^ nrX 4t r' _. r , e not permit the sgme obligation to be split into two or Irt bang each such bond iAlifn the dollar .:x; limo autiicrity as set forth herein.,�_ The execution of such bonds, undertakings, recognizances and other surety obligations In pursuance of these presents shall -be as binding upon the said Company as fully and a to, all intents and purposes as if the xame had been duly executed and acknowleted by its regularly elected I"administrative opc in Jesse jersey. y r, , � { This Power of Attorney Is executed " ` of resaiitt ras adopted by unaoirnous consent o the Board of Dlrecic 'of �'u pa on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by�the undersigned Secretary as being In full force and affect: "VOEI3 r ..� Chairman of the Board the President, or the Executive n ior Vice Presidentrof the Surety n their appointees ;designated in !biting and filed wi=e� ,� tary shall have thepower arW r 4 zz" "u iE it ors _r r, �_�� I tat� gents and attorney, to execuieaon behalf of the C.of m�panyand ach the seal of the, forth undertakings rbcognEzences and nd other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed a f smile under,�jjd b authdr§ of the following reso unenimouseansent of the Board o of�01e� on Septemberl�; v VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, thesealof the Company, and certifications by the Secreterk`may be affixed by facsimile on any power of attorney or bond the resolution adopted by life I O'N'.tof Directors 1 ; 1 1 t,' rd any such pov.Vr sq exact! u -'with respect to arty bond ap ` � to which it to be valid and ly— blttdirtip jiy 00ML0013 00 03 03 Pam 7 tit2 • Printed in U.SA. i 4&, ur a :rc .T `fy�f s t 1 m p) ,�� ". ' • =gam —w AIC 0000152509 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 2t day of A21JI, 20a. Attested and Certified Arch Insurance Company "5wv 1 Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS David M. AffOrstein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, MLS MELENNOTABTAFPM NAKa I Aft gCoedon Q�+ber ri 2017 elan Szafran, N lary FfublWv My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated ADM 29, 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 31 day of December , 20 15 . —L AAA01, 5�� - Patrick K. Nails, Secretary This Power of Atlomey limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 t� Philadelphia, PA 19102 Wif01{ATE SM 1l71 MW1i111Ii / OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. Monroe County Engineering 1100 Simonton Street, 2-216 Key West, FL 33040 Project Management To: Mayor Carruthers, Commissioner Kolhage, Commissioner Rice, Commissioner Nugent, and Commissioner Murphy CC: R. Gastesi, K. Wilson, K. Madok, T. Boan, Parks and Rec. Board From: Douglas Sposito, Director Project Management Department Subject: Bernstein Park Budget Review and Recommendations Date: April 19th 2016 This Memo addresses two misperceptions regarding projected development of Bernstein Park. 1. Bernstein Park is more expensive to build than previous Monroe County Parks. 2. Bernstein Park came in over budget. Recommendations: Bernstein Park should be contracted for construction as currently designed. Key Conclusions: • Bernstein Park is not more expensive than previous parks. It is typical for Parks the County designs and constructs at $13.96/SF compared to $13.64 and $14.34 for Big Pine and Key Largo Parks, respectively. • The Bernstein Park project did not come in over budget. Rather, Project Management staff failed to keep the BOCC informed of the scope changes and the associated costs. Staff had coordinated closely with the County Director of Strategic Planning at various stages and made certain the costs would fit within the County capital plan without sacrificing budgets for other projects. The Bernstein Park project bid out roughly where Project Management expected. Attachments: • Table 1- Park cost comparisons. Summary: Issue 1: Misperception: The Bernstein Park project is more expensive than previous County parks. This is not true. An apples to apples comparison places Bernstein Park at roughly the same costs per square foot as that of other parks. Big Pine Community Park and Key Largo Community Park are compared to Bernstein Park in Table 1 attached. Big Pine Park is 10.2 AC costing 5.1 Million not including canal fill, and completed in 2008. Using a 2.5% Construction CPI the adjusted 2016 cost is $6,060,000 giving $13.64 per SF Page 1 of 3 Key Largo Park is 14.25 AC costing $4,300,000 and completed in 2002. It has no community center but has an Aquatic Center costing 3.5 million. To allow for an apples to apples comparison $2 million of the $3.5 million Aquatic Center was included as a Community Center giving a total construction cost of $6,300,000. Using the same 2.5 % construction CPI the adjusted 2016 cost is $8,901,000 giving us $14.34 per SF. Bernstein Park is 11.6 AC costing $7,980,000. In addition to the new park and Community Center we are raising the park by 18-24 inches due to severe flooding. This fill added $925,000 to the project. A scope not required or included of the other two county parks. We have adjusted the costs to $7,055,000 for an apples to apples comparison, and the result is $13.96 per SF. Issue 2: Misperception: Bernstein Park came in over budget. This is not true. Project Management Staff discussed with the County Director of Strategic Planning at the various stages to make certain we could fit the costs in the short and long term capital plan without permanent adverse effect. The funds are available and were built into the County budget for the full bid amount. In 2013 the scope of Bernstein Park was: • Raise the Field • New baseball field • New Basketball Court • New Play Ground • Walking Track • Storm water Retention Staff estimated the cost of this scope to be $2,500,000. After community meetings in 2014 the scope increased to include a Community Center. Staff estimated the new cost to be $5,000,000 More community meetings redefined the scope of the Community Center and the Project AE provided a written cost opinion in April of 2014 for $6,599,000. There were several additional scope changes after this estimate was provided. During the construction documents phase the County realized we had no maintenance shed for equipment storage on site. A decision to use reclaimed water and rainwater to irrigate the turf was provided. In the two years since the last written estimate, County has seen the price of construction rise rapidly. Building costs went from $325/SF to $425/SF and more. Construction generally has risen as much as 20%. Project Management failed to adequately inform the BOCC of the cost effect of the scope changes requiring adjustments to the budget. The funds are budgeted and the cost to build will not adversely affect other County projects. Page 2 of 3 * 2M added from 3M aquatic Center as Key Largo Community Park has no c=ommunity center ** Requires 925K of new fill to raise property 18-24 inches Page 3 of 3