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Item C38N a 0 1 1 LOMIN I'M �0101 NOW I INA'amuffiviRR51 NOW �WVJMJWV1,-k1L Meeting Date: July 15. 2015 Division: Public Works/Engineering Bulk Item: Yes X No Department: Project Management AGENDA ITEM WORDING: Ratify a contract with Maverick United Elevator for the Emergency Elevator Repairs and Modernization agreement at the Monroe County Detention Facility. This project is funded by the one -cent infrastructure tax. ITEM BACKGROUND: The controllers malfunctioned in elevator #1 and #2 at the Monroe County Detention Facility on Stock Island. The elevator's received a temporary fix. The contract was signed by the Mayor in accordance with purchasing policy chapter 7 (b), paragraph 2 (b) allowing for emergency purchases where the value of goods or services to be purchased equals or exceed $50,000, the purchase may be approved by the Mayor, etc. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. 10 IN woo 43 Do �i 11 i I � 1 Elio a I [11TOYM11111211"MR Door* COST TO COUNTY: $89,270.00 SOURCE OF FUNDS: Fund 304 — REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Att OMB/Purchasing &tisk Management Included X Not Required M CONTRACT SUMMARY Contract with: Maverick United Elevato Contract # Effective Date: 06/11/15 Expiration Date: Contract Purpose/Description: Ratify a contract for emergency repairs and modernization of elevator #1 and #2 at the Monroe Countv Detention Facilitv on- Stock Island. Contract Manager: Ann Riger X4439 Project Mgmt/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/15/15 Agenda Deadline: 06/30/15 Total Dollar Value of Contract Budgeted? YesFJ NoEl Grant:$ N/A County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ vr For: (Not included in dollar value above) inai iimiance, titi I ities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director Yes O No[:] Risk Management Yeso No[5 O.M,B./Purchasing Yes[] No[E-- —'�Y County Attorney 4W Yes[:] NoNo[(]01-11 Comments: ow R evi er U-,,LP�— Lj(J (0 k" Eel MPNE M LVA Eli CONTRAaIAL♦ \ -_ OF •LOCATED • • *6101110 k Co 114114 0 111610 • • r Mayorin accordance with Monroe County purchasing policy chapter 7 (B) paragraph 2 (b) then the • • Tem, • f if the Mayor and the Mayor• o Tern are notavailable• Commission. The purchase must be ratified after —the -fact by the Board of County This contract shall be effective on the day of .—N�Jk&, 2015. This Agreement is entered into by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("Owner" or "County") a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, and MAVERICK UNITED ELEVATOR, ("Contractor") whose address is 10639 N.W. 122 nd Street, Medley, Florida, 33178. 900020ESM= •i • •EMMEZE, •rmomrmwmrinR r I' • r' • • - Provide all la•' • supplies, equipment,tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance• M • Detailed Scope of • on " 1 for Proposals attache1 is this agreement. This agreement supersedes the requirement for the Contractor to sign a Monroe County General 3 General Requirements A. Contractor 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 MCSO Elevator Repairs and Modernization Page 1 approval from County. All spaces interior and exterior shall be cleaned and returned t(-t normal work period/ day. B. The Contractor shall provide all shop drawings, if necessary, for permitting. The Contractor shall furnish all labor, supervision, materiais, 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. D. Contractor must complete the forms as provided: Drug -Free Workplace Form, Non - Collusion Affidavit, Sworn Statement Under Ordinance No. 10-1990. NUX4+ 08 � The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Project Management prior to 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 I 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, or technical specifications 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.. 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. 6. 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 U1111111 141451 The Contract Documents MCSO Elevator Repairs and Modernization Page 2 The Contract Documents consist of this Agreement, Conditions of the Contract (Gener Supplementary and other Conditions), Specifications, Proposal Documents, Addenda issu prior to execution of this Agreement, together with the response to RFP and all requir insurance documentation, and Modificatiissued after execution of this Agreement. T Contract represents the entire and integrated agreement between the parties hereto a supersedes prior negotiations, representations or agreements, either written or oral. 1 enumeration of the Contract Documents, other than Modifications, appears in Article 9. In t. event of a discrepancy between the documents, precedence shall be determined by the ord 1 ons 11117i7mr-M The Contractor shall execute the entire Work described in the Contract Documents, except to as follows: Val Date of Commencement and Substantial Completion 3.1 The date of commencement shall be within ten (10) calendar days after the date of issuance of the Notice to Proceed. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) calendar days after the date of commencement or issuance of a Notice to Proceed. Final completion shall be within thirty (30) calendar days thereafter. 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance the Contract the Contract Sum of Eighty Nine Thousand Two Hundred and Seventy Dollars a 00/100 ($89,270.00) subject to additions and deductions as provided in the Contraig I 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A MCSO Elevator R"airs and Modernization Page 3 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, the Owner shall make progress payments on account of the Contract Sum to the 1 11111111 pill I 1111pigipil 111@p�11�1�pl�i• 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 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 M- [*71uded in Apylications for Panment. The amount OL credit to be allowed by the Contractor to the Owner for a deletion or change which results in a 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 MCSO Elevator Repairs and Modernization Page 4 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. Monroe County is exempt from and not subject to Florida Statutes 255.078, "Pubi Construction Retainage". Reduction or limitation of retainage, if any, shall be reduc incrementally at the discretion • and •• the ••r• of the Director • Proje Management. �I T7-TFT.r= Final payment, • the entire unpaid balance of the Contract Sum, shall be made 2AA %K-s,&-r.jtfull-,Werformed bm, the I• except for the Contractor's responsibility to correct nonconforming Work as provided Subparagraph • of the General Conditions and to satisfy other • if any, whi necessarily survive final payment, and (2) a final approval for payment has been issued by t Director of Project Management. Such final payment shall be made by the Owner not mo than 20 days after the issuance of the final approval for payment. The following documents a 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: I A. • and maintenance data, instructions to the • personnel. MCSO Elevator Repairs and Modernization Page 5 B. Warranties, bond and guarantees. C. Spare parts and maintenance materials. D. Electronic copies of approved submittals D. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 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 Monroe County's performance and obligation to pay under this contract is continge upon an annual appropriation by the Board of County Commissioners. 7-1AIA for public entity crime may not submit a bid on a contract to provide any goods or servic to a public entity, may not submit a proposal on a contract with a public entity for t construction or repair of a public building or public work, may not submit proposals leases of real property to public entity, may not be awarded or perform work as contracto supplier, subcontractor, or consultant under a contract with any public entity, and may n1 transact business with any public entity in excess of the threshold amount provided Section 287.017, for CATEGORY TWO for a period of 36 months from the date of bei placed on the convicted vendor list. I 11�llp�iliii 1! 1 111111:11`11111 111111 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 I- -- -- - --M MCSO Elevator Repairs and Modernization Page 6_ with interest calculated pursuant tmSec. 55.O3,Fla. Stat.,running from the date the monies was paid toContractor. 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 tobeperformed entirely inthe State. |nthe event that any cause ofaction 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 tnSection Xy|ofthis agreement. c\ SeVarabi|ity. 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 b9acourt ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision ofthis Agreement shall be valid and shall beenforceable 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 ofthe stricken provision. d\ Attmrney'sFees and Costs. The County and Contractor agree that inthe 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 atLorney's fees and court costs as an award against the non -prevailing party, and shall include attmrney'sfees and courts costs inappellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions ofthis Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f1 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 K has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice ofcounsel. MCSO Elevator Repairs and Modernization Page 7 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 disputes and disagreements shall be attempted to be resolved by meet and confer sessio between representatives of each of the parties. If the issue or issues are still not resolved the satisfaction of the parties, then any party shall have the right to seek such relief or reme as may be provided by this Agreement or by Florida law. This Agreement is not subject arbitratio-m. 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 �� I �-- ' related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor OWS euft-we inST 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 party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V1 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 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PIL 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 Vill 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 M CSO Elevator Re2ai rs and Modernization pase 8 maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) �1,rrf-ttlrmr 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 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 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 requirel 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 'A+ 'A t ��MMIATHM MCSO Elevator Repairs and Modernization Page 9 (3) Ensure that public records that are exempt or confidential and exempt from publil-j 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 record i �,ossessi n of the contractor u,-@.on 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 2-,? S"-Smm, 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 iwowiikv�,q� - I - , - - force or attem!:t_fc&x_-4tfo,_ - - 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 MCSO Elevator Repairs and Modernization Page 10 benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. t) No Personal Liabty. • covenant •.: agreement contained herein shall be deemed 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 • of the parties hereto may execute this Agreement • signing any such counterpart. v) Hold Harmless and Indemncation. Notwithstanding any minimum insuranc requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify an hold the COUNTY and the COUNTY's elected and appointed • and •I• harmles from and against (i) any claims, actions or causes of action, (ii) any litigation, administraiiv proceedings, appellate proceedings, or other proceedings relating to any type of injur (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs C expenses that may be asserted against, initiated with respect to, or sustained by, an indemnified •.. by reason of, or in connection with, (A) any activity • Contractor • any of il employees, agents, contractors or other invitees during the term of this Agreement, (B) th negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act c omission • Contractor • any • its employees, agents, sub -contractors • • invitees, • Contractor's default in respect • any • the obligations that it undertakes under the terms this Agreement, except • the extent the claims, • causes • action, litigatioi proceedings, costs or expenses arise from the intentional • • negligent acts • omissions (• the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor • as the claims, actions, causes • • litigation, proceedings, costs • • relal to events or circumstances that occur during the term of this Agreement, this section w survive the expiration of the term of this Agreement or any earlier termination of th 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 MCSO Elevator Repairs and Modernization Page 11 resulting from such delay. Should any claims be asserted against the County by virtue of any geficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10,00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. in this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors, In the event that the Contractor subcontracts any 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 t'l conform to Florida Green Building Coalition standards. WA&M 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. MCSO Elevator Repaiis and Modernization Page 12 AIM-11TTEi 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: This Contract Agreement and all required forms and license5, Request for Proposal date May 18, 2015. Contractor's proposal doted May 22, 2015. All insurance documents. M. ff Off-MIN"MrWyn 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner a Contractor. I 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A a. aMTAMGEW•, M [CIO F-114 0 1 V =IVITIC11=1111 1161 IC N lKely MCSO Elevator Repairs and Modernization Page 13 T M-MMUMEMANUM SIGNATURE OF THE PERSON EJXEC1! ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: Amy Heavilin, Clerk By: Deputy Clerk Date (SEAL) Attest: &Z By ., Print Name: Dfoqull) Title: 114 /1 "a'4 6 M eltiAegl Date: 6 Z '! Z 01—r OW&W r airman CONTRACTOR MAVERICK UNITED ELEVATOR By. Print name., Title, Date MONROECO APPROVE[ N'U CHRISAMBROSIO ASSISTANT COUNTY ATTORNEY Date: COUNTY OF OnthisldayofZ�Y)� 20j�5before 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 '01infa r t t�e Wo-troe Countv Sheriff 2 ion)KacAlty,�for the purposes therein contained. tar`' k DIANA 0 OPtOZCO My COMMISSION N FF214934 EXPIRES M*rch 30, 2019 Print Name car M lip`--)u Sealy commission expires: MCS-0 Elevator ReDairs and Modernization Page 14 ;I11111 r. 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract MCSO Elevator Repairs and Modernization page 15 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement 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 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 A ,VI�P-4111ja=M& & LeJ&tJ.PJ-,Q1A6- �1 'C Vii I • aJ -------- contracts not administered by Project Management- 1.2 Execution, Correlation and Intent Execution of the Contract by the Contractor is a representation that the Contractor has wjfz�L�- Jzh *tzJNiA*-:�i4e Awrr:W21 and correlated personal observations with requirements of the Contract Documents. 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; ;rerfAw--2--�.rce with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. MCSO Elevator ReDairs and Modernization Page 16 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles •, numbered articles and •- references to •r Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute • Architects. 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" • "any" and articles such as "the" and "an," but the fact that a modifier or an article is • either statement. 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 2.2.1 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. 2.2.2 The Owner shall forward all communications to the Contractor through Project Management. • 1TUSTr,?-1NM= 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements t6mtke 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 • • the Contractor or any • person • entity. • MCSO • Repairs and Modernization Page 17 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with, the f?!Is Y,%t.Vv_? tXr r�m Owner to commence and continue correction of such default or neglect with diligence and 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 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. 3.1 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 that 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 errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Project Management 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. 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, the Contractor shall assume appropriate responsibty for such performance and shall bear an appropriate amount of the attributable costs for correction. MCSO Elevator Repairs and Modernization Page 18 3.2.2 The Contractor shall perform the • in accordance with the Contract Documents and '• approved. -TITTMMRTNY�17 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Project Management. 3.3.2 The Contractor shall •.-. responsible '.,:• the Owner for acts and omissions • 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 • than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in it to determine that such portions are in proper condition to receive subsequent •.. 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 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 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and • persons carrying • the • The Contractor shall not • employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, lestruction • property, unsafe practices, or violation of any Federal • State regulatiorw, including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. if any Contractor's employee is determined to • • to the Project, as deemed by Project Management, the Contractor will remove and/or replace the employee at the request MCSO Elevator Repairs and Modernization Page 19 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 so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner and Project Management that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. if required by Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. M� F = 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. 3.7.1 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 buildino 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. MCSO Elevator Repairs and Modernization Page 20 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rule 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 i accordance with applicable laws, statutes, ordinances, building codes, and rules an regulations. However, if the Contractor observes that portions of the Contract Documents a at variance therewith, the Contractor shall promptly notify Project Management and Owner 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, ordinanc building codes, and rules and regulations without such notice to Project Management a Owner, the Contractor shall assume full responsibility for such Work and shall bear t attributable costs. 3.8 Superintendent 3.8.1 The Contractor shall employ a competent superintendent and necessary assistants who rhall 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. MTTTMFR�� 3.9.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner'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 thz Work. 3.9.2 The Contractor shall cooperate with Project Management in scheduling and perfornI 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. MCSO Elevator Repairs and Modernization Page 21 3.9/4 Project Management will schedule and conduct 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. 3.10.1 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. 3.10.2 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. 3.10.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.10.4 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 4.3.11. __4A Th,� Contractor shall review a,-sycrove and submit to Pro�ect 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 3,10.6 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 3.10.7 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 MCSO Elevator Repairs and Modernization Page 22 3,10.8 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 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. 3.10.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Vj2mkjj;�, P zirliaroubp �-4-7 yl.;S or similar submittals,, to revisions other than those requested by Project Management on previous submittals. 3.10.10 Informational submittals upon which Project Management are not expected to take responsive action may be so identified in the Contract Documents. 3.10.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.10.12 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. 3.11 Use of Site 3.11.1 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. 3.11.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site. 3.12 Cutting and Patching 3.12.1 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. 3.12.2 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 MCSO Elevator Repairs and Modernization Page 23 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 nfProject K0anagenmentsha||a|so be required. The Contractor shall not unreasonably withhold from Project W4anoBernentoranY separate contractor his consent tocutting ormthervvimea|teringtheVVork. 3.12.3 The Contractor shall arrange for any block -outs, 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 mode requirements, and such block -out, cutout opening, or other hole in any fire -related floor, ceiling, xva||, security wall, orany other finished surface. ' 3.13 Cleaning Up 3'13.1 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 upshall be performed tothe satisfaction ofthe Owner oxProject N4anagernent, 3.13.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may dosowith the Owner's approval and the cost thereof shall becharged tmthe Contractor. 3.14 Access to Work 3.14.1 The Contractor shall provide the Owner and Project Management access to the Work in preparation and progress wherever located. 3.15 Royalties and Patents 3.15.1 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 and Project Management 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 3.16 Indemnification and Hold Harmless 3.16.1 Notwithstanding any nn|ninmurn insurance requirements prescribed elsewhere in this elected and appointed officers and employees harmless from and against U\any claims, actions or causes of action, Ui\ 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, orsustained by, any indemnified party byreason of, orinconnection 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, 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 orany ofits 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 ofthis 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'sbehalf. The first ten dollars /$10.00\ of remuneration paid to the Contractor isfor the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Project Management 4.1.I Project Management isthe person mrentity identified as such hmthe Agreement and is referred to throughout the Contract Documents as if singular in nurnber. The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.2 Duties, responsibilities and limitations of authority of Project Management as set forth withheld. Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.3.6 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. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management. 4.3.7 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. 4.3.8 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. 4.3.9 Project Management will have authority to reject Work which does not conform to th Contract Documents, and to require additional inspection or testing, in accordance wit Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed completed, but will take such action only after notifying Project Management. Subject review, Project Management will have the authority to reject Work which does not conform t t t t the Contract Documents. Whenever Project Management considers it necessary or advisab for implementation of the intent of the Contract Documents, Project Management will ha authority to require additional inspection or testing of the work in accordance wi Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed completed. I 7r-S.-f Wro-j—e—cn-Ti an a ger" URI 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. 4.3.11 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 MCS0 Elevator Repairs and Modernization Page_27' 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 and 3.5. 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. 4.3.12 Project Management will prepare Change Orders and Construction Change Directives., 4.3.13 Following consultation with the Owner, Project Management will take appropriate have authority to order minor changes in the Work. 4.3.14 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. 4.3.15 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 authority of such project representatives shall be as set forth in an exhibit to be incorporated in the • !• 4.3.16 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 4.3, 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. MCSO Elevator Repairs and Modernization Page 28 4.3.17 Interpretations and decisions of Project Management will be consistent with the intent 0TW11 airf '60: 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. U.18 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.4 Claims and Disputes 4.4.1 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. 4.4.2 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, 16 th Judicial Circuit, Monroe County, Florida. 4.4.3 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. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.4.4 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. 4.4.5 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 MCSO Elevator Repairs and Modernization Page 29 UVIVTSMMI� V11111111! IN171111111323= .4.4.6 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 21 days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will 00-mmm 4.4.7 Claims for Addonal 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. 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 reasonabic; grounds, Claim shall be filed in accordance with the procedure established herein. 4.4.8 Claims for Additional Time. 4.4.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. .4.4.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.4.9 Injury or Damage to Person or Property. If either party to the Contract suNers 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 MCSO Elevator Repairs and Modernization Page 30 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. 5.2.1 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 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 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a BI-, 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 R fl M R �,_ =1 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. 5.3.1 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 MCSO Elevator Repairs and Modernization Pa&e 31 terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor,by Documents,♦ 1' the Owner or Project • ♦ preserve Owner or •ject Management under the ContractDocuments with respectto the Workto b 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. 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided .1 assignment is effective only after termination of the Contract by the Owner for cause, and only for •subcontractOwner acceptsby notifying Subcontractor in writing; a:•. 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 CONT?4X ORS Contracts 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 contractors6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other . ..:. opportunity for•• • •' storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by - • - own forcesor 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 constructionand proper • receive the Contractor's Work,• . defects notreasonably discoverable. Costs • by delays or by • • • • activities or defective construction caused by delays or improperly timed activities or defective construction shall be an extension be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs 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. 6.2.5 Claims • other disputes • matters in question between the Contractorand other contractors shall be subject to the provisions of Paragraph 4.4 provided the other contractors have reciprocal obligations. '•' 6 The Owner and other• ' •responsibilities for •' patching as are described for the Contractor in Paragraph 3.12. 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 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 MCSO Elevator Repairs and Modernization Page 33 r=-216 rlqTIF�' ArA� 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 a extension of time that the foregoing provisions be strictly adhered to in each instance and, 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 b the basis for an extension of time he shall have no claim against the Owner or Proje Management for an increase in the Contract price, nor a claim against the Owner or Proje Management for a payment or allowance of any kind for damage, loss or expense resulti interruptions to, or suspension of, his work to enable other contractors to perform their wor The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right t•Clean Up dpe oooood 6.3.1 If a•isutarises amng the Cntractor, •ther cntractrs an• the Owner o ooroas t•t responsibility under their respective cntracts fr maintaining the premises and surundil o i area free from waste materials and rubbish, the Owner may clean up and allocate the co among those responsible as Project Management determines to be just. 7.0 CHANGES IN THE WORK I 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without V Change D-kzt-time-arorderfora-mviar 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. 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 MCSO Elevator Repairs and Modernization Page 34 substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 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 tht OEEM�� .,2 the amount of the adjustment in the Contract Sum, if any; anl- 11! LIM?J111111111111=1 1011 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 .2 unit prices stated in the Contract Documents or subsequently agreed upon, and MT.-IM] I .3 cost to be determined in a manner agreed upon by the parties and a mutually M-M 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contracto provided a written order signed by the Owner or Project Management is received, sh promptly proceed with the Work involved. The cost of such Work shall then be determined daily force accounts in a form acceptable to the Owner and Project Management. The dai force account forms shall identify Contractor and /or Subcontractor personnel by name, tot hours for each man, each piece of equipment and total hours for equipment and all material( by type for each extra Work activity claim. Each daily force account form shall be signed by t designated Project Management representative no later than the close of business on the d the Work is performed to verify the items and hours listed. Extended pricing of these for shall be submitted to Project Management with all supporting documentation required Project Management for inclusion into a change order. Unless otherwise provided in t Contract Documents, cost shall be limited to the following: cost of materials, including sales t and cost of delivery; cost of labor, including social security, old age and unemployme MCSO Elevator Repairs and Modernization Page 35 mmoulpmu-,-� MCSO Elevator Repairs and Modernization Pa e 36 2s 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. .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 4.4. The Contractor shall maintain completeo! daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 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. FI-ellEllfli�F� 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorize"'! adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 2.1.2 The date of commencement of the Work is the date established in the Agreement. The If dMWV?999MM � i. � which the Contractor is responsible. MCSO Elevator Repairs and Modernization Page 37 8.1.3 The date of Substantial Completion is the date certified by Project Management in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the :• 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 • the Work by any act • neglect of the Owner or Project Management 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 2.3.2 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. MCSO Elevator Repairs and Modernization Page 38 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 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. 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, rl� inui Xr�# I �-b $�� 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit Project Management, a schedule of values allocated to various portions of the Work, prepar in such form and supported by such data to substantiate its accuracy as Project Manageme may require. This schedule, unless objected to by Project Management, shall be used as a bal 1�= �M!1111�1!112!111 2111111111RF! 1111711131�� 1 4 o tr4FTZr*T#T3Gi= 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 Contracl .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 .2 Such applications may not include requests for payment of amounts the Contractor ioes not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. MCSO Flevator Repairs and Modernization Page 39 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made o account of materials and equipment delivered and suitably stored at the site for subseque incorporation in the Work. If approved in advance by the Owner, payment may similarly made for materials and equipment suitably stored off the site at a location agreed upon i writing. Payment for materials and equipment stored on or off the site shall be condition upon compliance by the Contractor with procedures satisfactory to the Owner to establish t Owner's title to such materials and equipment or otherwise protect the Owner's interest, a shall include applicable insurance, storage and transportation to the site for such materials al 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. and do not create C-M obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the 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 MCSO Elevator Repairs and Modernization Page 40 1�ocuments. 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, E4AWW�sx V ;mTS%4&.:%F 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 camractir wtrkiAg at t�ie Xriject; (f) reps*x2�,le evi-lexce tk2t tke Wirr"ill jjot be coupleted within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. Ro payment snail be macle to tne L - TRTUTUM - - - - I - -11, 1 1 1 compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so MCSO Elevator Repairs and Modernization Page 41 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 .2 No progress payment shall bind the Owner to the acceptance of any materials Work in place, as to quality or quantity. All progress payments are subject to correction at th time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment fro the Owner, out of the amount paid to the Contractor on account of such Subcontractor portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentag of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, requi each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 Project Management will, on request, furnish to a Subcontractor, if A6UM& practicabil- 7iMf&gU5_=;6 Ut?rR=QY-�-;4j_xk•I il •2r - action taken thereon by the Owner and Project Management on account of portions of ti UIL1=6 9.6.4 Neither theOwner nor Project Management shall have an obligation to pay, or to s 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 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 Own 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 t sole property of the Owner, and by this provision shall not be construed as relieving t Contractor from the sole responsibility for the materials and Work upon which payments hal MCSO Elevator Repairs and Modernization Page 42 been made or the restoration for any damaged material, or as a waiver of the right of the 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justiflabi reason for delay, the Contractor shall pay for all transportation and utility services not lat than the end of the calendar month following that in which services are rendered and for 4d A.*c-,A�W,'nd other ex�,�endable ej�u�icment which are delivered at the site of the Projel The Contractor shall pay to each of his Subcontractors, not later than the end of the calend month in which each payment is made to the Contractor, the representative amount allow the Contractor on account of the Work performed by the Subcontractor. The Contractor sha by an appropriate agreement with each Subcontractor, also require each Subcontractor make payments to his suppliers and Sub -subcontractors in a similar manner. I 9.7.1 Substantial Completion is the stage in the progress of the Work when the Work or so the Owner can occupy or utilize the Work for its intended use. 9.7.2 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 MCSO Elevator Repairs and Modernization Page 43 SUbmifted to the 4wner ana Lontrac-077ffffnelr Rul P, Cfe S7dS-if6l Ile! to them in such Certificate. 9.7.3 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. 9.8 Partial Occupancy or Use 9.8.1 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 shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Project Management. 9.8.2 Immediately prior to such partial occupancy or use, the Owner, Project Management --&rd '11-44c umf-�& order to determine and record the condition of the Work. 9.8.3 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 WOTIWR�� Tir-107,110= 9.9.1 Upon completion of the Work, the Contractor shall forward to Project Management to Project Management a final Contractor's Application for Payment. Upon receipt, Proje Management will promptly make such inspection. When Project Management, finds the Wo acceptable under the Contract Documents and the Contract fully performed, Proje Management will promptly issue a final Approval for Payment stating that to the best of th knowledge, information and belief, and on the basis of their observations and inspections, tj MCSO Elevator Re2airs and Modernization Page 44 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 9.9.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. I 9.9.2 Neither final • nor any remaining retained percentage shall become • until the Contractor submits to Project Management (1) an affidavit that payrolls, bills • 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 LIJ (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 • 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 clownloadable CD/DVD of all the following but not limited to: A. Warranties, bond, and guarantees. B. Spare parts and maintenance materials. D. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). MCSO Elevator Repairs and Modernization Page 45 �.9.3 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 waiver-s shall be in addition to the waiver described Subparagraph 4.4.5. A== 9.10.1 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 9.10.1 in all its contracts with � M -T m-, T 7 r. 7:1777 Z 7 = 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 a-• l Xci •, asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 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 MCSO Elevator Repairs and Modernization Paige 46 10.1.5 The Owner shall be responsible for obtaining the services of licensed laboratory to verify a presence or absence of the noeteMa| 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 bythe Owner. |fthe Contractor orProject KAanagernenthasanohJeotionto aperson or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project K8mnagernenthawenoreayonab|e objection. 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .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 atthe site mradjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for nemnm*aL relocation or replacement in the course of construction; and 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 mfadjacent sites and utilities. 10.3.4 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 omsuch activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, � 'I or anoone directlo or indirectl� em-,�Io�Aed b�TA anp of the], - Tbcontractor or by anyone for whose acts they may be liable and for which the Contractor is responsib under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts of them, or by anyone for whose acts any of them may be liable, and not attributable to t fault or negligence of the Contractor. The foregoing obligations of the Contractor are addition to the Contractor's obligations under Paragraph 3.0. 1 'It.ts -Ti� ?A' 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 200M= �� 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 b,.- 010 4-1101111-TOUL 7777 Mor to commPTI'MME71=1 -1-r - I - personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the Request for Proposal which is 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 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 failure to perform assessments shall be imposed as if the Work commenced on the specified date aT"-ge, ey-cegt for tWe Contractor's failure to provide satisfactory evidence of insurance. MCSO Elevator Re2airs and Modernization Page 48 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 inthe completion ofWork resulting from the failure ofthe 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 onthe specified date and time, except for the Contractor's failure toprovide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence mfthe required insurance, either: Certificate ofInsurance Or 11.1.5 The County, at its sole option, has the right to request a certified copy of any or a insurance policies required by this Contract. 1, material change, or reduction in coverage unless a minimum of thirty (30) days pri 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 relieving the Contractor from any liability or obligation assumed under this contract or impos by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will 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 policies covering County -owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required MCSO Elevator Re2airs and Modernization Page 49 11.3.1 A Public Construction Bond in the amount of the cost of construction is not a 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Project Management's request or to Project Management, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which Project Management has not specifically requested to observe prior to its being covered, Project Management may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner such costs. 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing 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. MCSO Elevator Repairs and Modernization Page 50 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 -,g�i itai-IM44Tatkounsactor's exi.-:ense. If the Contractor does not -*�ajri 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 firr Vrp -rcirp-p-ir rf. a -ear declu-ifing costs nd damaee&Ahat—%houkLhLave been borne by Tne Contractor, incil 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 Rff=Hy7MR= 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged constructio whether completed or partially completed, of the Owner or other Contractors caused by t rrectioT or reTroval of Work which is not in accordance with the requi - I 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period limitation with respect to other obligations which the Contractor might have under th Contract Documents. Establishment of the time period of one year as described i Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct t Work, and has no relationship to the time within which the obligation to comply with t Contract Documents may be sought to be enforced, nor to the time within which proceedin may be commenced to establish the Contractor's liability with respect to the Contractor 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 requiremen of the Contract Documents, the Owner may do so instead of requiring its removal a correction, in which case the Contract Sum will be reduced as appropriate and equitable. Su adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law MCSO Elevator Repairs and Modernization PM�51 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. 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by • States Mail, certed, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following • For Contractor: Maverick United Elevator 10639 NW 122nd Street Medley, FL 33178, For Owner: Director of Project Management 1100 Simonton St., Room 2-216 Key West, Florida 33040 13.4 Rights and Remedies County Administrator 1100 Simonton St. Key West, Florida 33040 13.4.1 Duties and obligations imposed by the Contract Documents an-d rights and remedies addition to and not a limitation of duties, obligations, rights an,* 13.4.2 No action or failure to act by the owner, Project Management, 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 MCSO Elevator Repairs and Modernization Page 52 jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor 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 a 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 7004"l-M. 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 the Contract Documents, the Contractor shall bear all costs made necessary by such failu including those of repeated procedures and compensation for Project Management's servicl 3= � 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 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be ma promptly to avoid unreasonable delay in the Work. 13.6 Commencement of Statutory Limitation Period 13.6.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (C), Florida Statutes. 11.4.0 TERMINATION OR SUSPENSION OF THE CONTRACT MCSO Elevator Repairs and Modernization Page7 III 1111 M • 0 I I I•AVMFIEN• r .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 tails to make payment to buncontract— -• e respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; KE5 13•MRRIIIFIIITMT •Rliffil•igi 111111 ••-- I-1-k 14.1.2 When any of the above reasons exist, the Owner, after consultation with Proje se exJ Management, and upon certification by Project Management that sufficient cau ists justify such action, may without prejudice to any other rights or remedies of the Owner a • after giving the Contractor and the Contractor's surety, if any, 72 hours written notic terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of ail materials, equipment, tools, and construction zquipment and machinery thereon owned by the Contractor; 1111,1111 , 1111111 111111111111111,1111 Pill Pill 11111 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience U4.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, felay or interrupt the Work in whole or in part for such period of time as the Owner may INKUT MCSO Elevator Repairs and Modernization Page 54 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace aO specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition working on the commodities or contractual services that are under bid, the employee will abi �Irare%L-rrt limn a;4 *NwW�- TdIlie or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controllEjo substance law of the United States or any state, for a violation occurring in the workplace later than five (5) days after such conviction. I 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. f. Make 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 ME MCSO Elevator Repairs and Modernization Page 55 1Kae7K%-rni i i pcinhi AFFIDAVIT . of the city oflg — according to law on my oath, and under penalty of perjury, depose and say that; 1.) 1 am the bidder making the Proposal for the project described as follows: 2.) the prices in this bid 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 bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly di��°�sed by the bidder and will not knowingly be disclosed by the bidder prior d opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition-, 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contract for said project. _Z 'u 'J"J'c"" '20 �-Igna re of Bidder) STATE OF 7 —7 DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, — who, after first being sworn by me, (name of individual signing) 0 *eo, th day of - \j) affixed his/her signature in the space provided ab 20 16 t it L DIANA P 0kGJC0 My Commission Expires: My COMMISSION # MW34 ti EXPIRES March 30,2019 Page 56 MCSO Elevator ite airs and Modernization SWORN STATEMENT UNDER ORDINANCE NO, 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE jgViLC lmej,olLatv former County officer or employee in violation of !tj�,,,yyce 11o. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the Coun I MP' ,s discretion, terminate this contract without liability and may also, in its discretion, d( I-lorn the contract or purchase price, or otherwise recover, the full amount of any fee, cornmissi;>n, pprcentage, gift, or consideration paid tothe former County officer oremployee4 nature) Date:--� r 2 2 e2 STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of —'S 20 NOTARY PUBLIC My commission expires: YY) 0 C301 Z(:) 4;s, IANA P OKOZCO MY COMMISSION N PF214934 EXPACS March 30,2019 MCP FORM #4 Page 57 MCSO Elevator Repairs and Modernization MONROE • FLORIDA RISK MANAGEMENT • AND PROCEDURES Indemnification and Hold Harmless For AA9kST-A The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's son of services rovided W the Contractor witt. or bi ie I wrongful misconduct, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. in the event 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 • resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. -MCSO • Repairs and Modernization Page 58 - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL FOR MCSO ELEVATOR MODERNIZATION NON -MANDATORY Pre -bid Job Walk for MCSO ELEVATOR BOARD OF—GO111 Mayor, Danny Kolhage, District I George Neugent, District 2 Mayor Pro Tern Heather Carruthers, District 3 David Rice, District 4 Sylvia Murphy, District 5 WAURRAMWWW�0 , �- Roman Gastesi Clerk of the Circuit Court Dir. of Public Works / Eng. Division C Amy Heavilin Kevin G. Wilson P. E. May 18 to 2015 PREPARED BY: Monroe County Project Management Department Monroe County Engineering i. 1100 Simonton Street, 2-216 Key West, FL 33040 Project Management Date: May 1 8th 2015 Job Name: MCSO Elevator Modernization Job Location: Monroe County Detention Facility 55255 College Rd Key West Contact: Project Management Doug Sposito sr)osito-doug@monroecounty7f[._qov (305) 292-4527 Cell: 305-304-5025 Facilities Management Bob Stone stone -bob @MonroeCounly-FL-Gov Cell: 305-407-0177 . .. ....... I ........ .... — PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS I Project Overview A) Modernization of existing elevator equipment at the Monroe County Detention Facility 13) A job walk can be scheduled by contacting Bob Stone. All Quotes are due May 26th 2015 3:OOPM via email, fax or hand delivery. All Quotes must state they will be good for 120 calendar days from submittal due date. Contractor must have reviewed, and have a signed a copy of Monroe County Contract General Requirements on file with the County before commencement of work. 39MZM= A) GENERALSCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Scope. X. Monroe County Engineering X. ... 1100 Simonton Street, 2-216 p Key West, FL 33040 Project Management For Elevators 1 & 2 at the MCSO Detention Building for a total of two-(2) Hydraulic Passenger Elevators each with Two-(2) Stops and a load capacity of 2500 lbs. and a travel speed of 100 Feet Per Minute (FP). 1., Provide all the necessary labor and materials, design engineering and all permits for all trades for the following work to be completed on each of the two-(2) elevators located at the above referenced address. a, Hydraulic Controllers i. Replace existing controllers with H900 Controller, manufactured by Elevator Controls Corporation or equivalent, and a standardized non-proprietary control platform that utilizes microprocessor technology and consolidated PC boards. ii. Furnish and install new solid state starters b, Hoistway L Furnish and install new Hoistway wiring and elevator travel cables while accommodating any existing camera and control cables ii. Furnish and install new limit and slow down switches. iii. Furnish and install a new IP-8300 selector system. iv. Clean and paint car top and crosshead V. Furnish and install one-(1) cartop inspection run box for each elevator vi. Furnish and install new Enforcer Gibs on all hoistway floors C. Furnish and install new car side and hoistway side door equipment to include new door operators (front and rear opening), tracks, headers, hanger rollers, interlocks, and doors on all floors. d, Furnish and install new car and hall button fixtures to include vandal resistant buttons, phone, emergency light, position indicator, Braille. Each floor will receive a new hall station with vandal resistant buttons. e. Furnish and install new submersible pumping unit to include new pump, motor, valve, and muffler. New oil will be added as well as gate valve and oil line as needed. f. One elevator is to remain in operation at all times during the retrofit. Any downtime for replacement of equipment shall be scheduled and approved by the Owner a minimum of 72 hrs. in advance. g. Contractor to include all programing for both elevators. The programming scheme shall be approved by the Owner in advance. Work by Others a. Responders to this solicitation must provide all labor, materials and design engineering for all trades necessary to permit and complets- the project as described. 3. Warranty a.# Monroe County Engineering 1100 Simonton Street, 2-216 ti Key West, FL 33040 Project Management a. Responders to provide a Warranty on all material, labor and workmanship for twelve-(1 2) months on apparatus and equipment repaired or replaced under this proposal. b. Equipment not changed or repaired as detailed under "scope of work" is deemed retained apparatus and is not subject to any intended or implied warranty. The Scope of Work shall include, all work shown and detailed above.. The Contractor is required to provide a complete job as described in the scope of work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, engineering and any other means of construction necessa or proper for performing and completing the Scope of Work, unless otherwise specifically stated. I and permitting by the: Monroe County Growth Management, Monroe County Building Dept., Fire Marshall, City of Key West, and any other permitting or regulatory agencies as applicable. 3 Summary of General Requirements A) Contractor is required to provide protection for all existing surfaces. To include but not limited to: 1 . Existing fixtures 2. Interior Walls 3. Personal Items 4. Windows and doors 5. Flooring B) The contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and local Laws. C) Provide a dumpster, containment bin or similar device for the collection and containment of construction generated debris. D) Load, haul and properly dispose of all construction debris. E) Provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) Furnish all required work site safety equipment. G) Furnish and maintain on -site MSDS sheets for all materials used in the construction. H) Construction work times shall be limited to: 8:00 AM to 5:00 PM Mon -Fri 1) All materials shall be approved by submittal prior to commencement of work UAIU771-"E MET �-m- purposes. Contractor shall be responsible for any errors or omissions in measurements or pictures provided. Monroe County Engineering 1100 Simonton Street, 2-216 Key West, FL 33040 Project Management K) Contractor shall provide a lump sum price by Tuesday May 26th 3:OOPM via email, fax or hand delivery L) Contractor needs to be aware of weather and location and plan accordingly. M) Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. N) Contractor shall provide safety lift plan for all crane/hoist work 0) Contractor to provide schedule for all phases of the project P) Contractor to provide one 3-ring Binder with all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts and any other information necessary for the proper prm U T -Mr&1,J rjnd�r(aTrwtca *f a -it &;6va' cl,;py i;�-PXF finy.2t, vN CD/DVD Q) Contractor to coordinate all activities with concurrent site work being performed R) Contractor must have signed copy of Monroe County General Requirements on file with the County before commencement of work. S) Insurance Requirements: Injury by Disease, policy limits/Bodily Injury by Disease each employee U00,000 per Person; $300,000 per Occurrence $200,000 Property Damage or 1-: -A C%. �'000•P • rop 'J e - r r "u ty -0" D a m age_, qkJ $50,000 per Person: $100,000 per Occurrence $25, 000 LProperty DAamage or T-Tar-M-M =- Monroe County Engineering 1100 Simonton Street, 2-216 Key West, FL 33040 Prqiect Management PROPOSAL TO: Monroe County Project Management 1100 Simonton St. 2-216 Key West FL 33040 PROPOSAL FROM: Maverick United Elevator 10639 Nw 122nI St Medley FL 33178 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the co-cstitiction of. 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 workinan-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 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 undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed. Once commenced, undersigned shall diligently continue perfort-nance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Ninety (60) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter The Base Proposalbe furnished below r words and numbers. inconsistencybetween the two the Proposal in wr r control. Eighty Nine Thousand Two Hundred and Seventy Dollars. (Total Base Proposal- words) $ 89?70.00 (Total Base Proposal — numbers) r +rrr r MI= Allowance for unforeseen items Three Thousand Dollars and 00/100 dollars ($ 30 .00) r r rr- ♦. r�r No . —Dated o. Bated ._rr rn, roposer srUTTICRU-ir rr t r r and Monroe County Occupational Mailing Address: Maverick United Elevator 1039 NW 122"d ST, Medley FL 3317 //Z�p 11111�1� Miguel A Garcia (Name) Accounts Manager (Title) Localsiss Tax Receipt �N Thcal Busins"Tax ROceipt of Florida E607'727 IC6391� 5723; uA Wd%to Eif�AipRI1C WOW(* � L,B r "mawr Amkwlt� 1 MMA� ' *j wr4m 'IQdY�Rf "mom .b�iE+0'dbwn.r �y�xwtaro<v GO& bidW y,�AMII i 50 ■rervw $98 GEN'�IIAL�5EC3W'I.G1ti'4Nf�f�Sr4h.rrwxGaci�m� EXrjl3 y15M (p/181].814 t15El7x3�14- 02-%941 TM IIM�uN..�.W N1hrM�7'a deu Yukww M wo.ti i0a� '�K��caMw M�a ,�y�.�YA3cY+rWf„s~idr �;>rML.a'i.ci._i1A 7g1KCfMi 11Ot W., �„�dr�M.�� :rrMidwWK vY� Page 8 of ff Town of Medley LOCAL BUSINESS TAX RECEIPT 201501205 2014-2015 .-AVERICK UNITED ELEVATOR LT9A- 10639 Nw 122 ST -1 MEDLEY, FL 33118 -7� '. -. miler 30 mm This Local Business Tax Receipt must be exhibited conspicuously at your place of business. STATE OF i- • i•ha;r/ DEPARTMENT OF • PROFESSIONAL REGULATION BUREAU• i' SAFETY 850-487-1395 �.sNORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399-1013 ConQziavonsl Wlttt tt}If license yyoau become One of the nearty one mlUfan .,aridlana Ilcarnaad by the Dappament of Bus "ss and c'rofoaalOna! Hegulatron. Oor prolsaaionels and businesses range from arcniiects t0 yacht brokers, hem horrors to t)8tbW4vtr re:,Wutants, and they keep FtOrlda's economy strong Ev4Ty day we work to Improve the way we do business In order to serve you boner For tntoimaiion ,about our services, please log atra www.myflorldallrense.edm Tner• you ran find more intomuition about our divreions end the re uta0one Ih•t Impact you, subscribe to department new aletlets and le4m More about the DapartrnenVs Inrtrat(vas Our mission el the Deportment 4s Lloense.Etpdentty, Regulate Felrly, We ennsfantly e16v4 to serve you better so that you Cue) serve your emlarners Thank you far doing buerneaa in Florida, and ronWatuletloa% On your (jvw llwso! �. 1 { STATE OF FLOROi []EPAR BUSINESS AND if PRO ULATION ZLCe14 �. 9f95)2014 f ELEVATOR. � ir1Al1ERICK . t ELEvaTO REQUIRE13 REO i @Y L3Eir1EML t E Ii IS RZx Qf81 [!8'0 lours: 1117 wowwiana v Cv_3QQ FS '/ >'➢ML4"[Ik pfiC7L.7e1� 6.i L6GOMG. RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY 6TATE.OF FLOWDA DEPARTMENT OF B.USIA085 AND PROFESWONAL 11MQULAMN SMEWO.F ELEVATOR SAFETY E4GRv4 Thtj E4EVATOR COMPANY Named t olow IS REWTEREO Linder Itta piovi�iar+$. a�Gher 3E$ FS. ExpfiaGan.data. f)EQ.3.il2015 REQUIRED TO CARRY OR BE � � TRANSFENON-PABLE BYi3ENEW UABiLNTY [AI � 0 ELIGiC:.II� NN ED _�y 223� ©_ �t.. r)IQDl SY aC RRltl IIRPn RY I MAr cFft t I senai+Annnnn'x I' 4 Maverick United Elevator These are some of our maintenance jobs. I � y a i 1` 1 r Page 11 of ( ' OP ID: CERTIFICATEDATE (MMIDDrYYYY) . LIABILITY INSURANCE a 10312015 of # 1#�: i !� i - - # i- a a -• IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 1 the policy, policies 1endorsement. on this certificate••_ /confer rights certificate holder of 11 PRODUCER CONTACT NAMEi Robert Duffy The John Gait Insurance AgencyPHONE 1 I I I 954 «: i. �..Ft. Lauderdale, FL 33309 &MAIL INSURED Maverick United Elevator, LLC David Medley,10639 NW 122 Street INSURER B:C OLINA CASUALTY INS. CO. INSURER C : INSURER D : INSURER E INSURER F : rnlurl: S r;:RTIFIrATF NIIMAVR• RFVISION N[11i THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N OTVVrrHSTAN DING 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. Lrlx R TYPE OF INSURANCE ILT POLICY NUMBER MM6DDIYY I MMQ0IYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00 - F—v l CLAIMSMADE OCCUR X 13UENOJ6267 0412012015 Rr.� ! Sr. ti I��N rl6 04/20/2016 DR yt,ct , �rrauc�? 3O0 OO $ r U Lt MED EXP (AnV one person) PERSONAL & ADV INJURY GENERAL AGGREGATE - $ 10,00 $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: $ 3,000,00( X POLICY u PRO- 0 LOC JECT PRODUCTS- COMP/OP AGG $ 3,000,00 I rl l hlr�t' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Fa ar..ridenP 1. — --� $ 1,000,00 BODILY INJURY (Perperson) $ A ANY AUTO X 13UENOJ6267 04/20/2015 104120/2016 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE. $ HIRED AUTOS AUTOS k(Peraccidept) $ II UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ' EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ I WORKERS COMPENSATION I PER 05H- ER__ B AND EMPLOYE RS° LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN BN U C0116886 05111/2015 05/11/2016 _..;_STATUTE _ E L EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCL UDFD? L (Mandatory In NH) • NIA EL DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,00 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more apace is required) Monroe County BOCC is listed as additional Insured With respects to the General Liability policy and hired and non -owned only Where their 1nteres may appear. APPR - IxM;=M A_ �_ WAIVE NIA L:ttc I II'I L;AI t MULU LK 1,.,AIV4CLll I IUIV . •. ,..« is I Simonton Key West, F L i'.' ♦'. ■ . =. a ► <♦ ■ = a, THE EXPIRATION DATE THEREOF,NOTICE ACCORDANCE WITH 7H E POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE. @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD