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Item C41N I a uffidi 0 F-1 11L �A Meeting Date: July 15, 2015 Division: Public or Engineering Bulk Item: Yes X No Department: Project Management =00171=12-7ffl M11 I a AGENDA ITEM WORDING: Approval to seek bid proposal price clarification from and enter into a contract with HB Hoffman, LLC. for the replacement of the chiller unit at the Medical Examiner's office located at 56633 Overseas Hwy., Crawl Key. ITEM BACKGROUND: Compressors in the existing chiller unit at the Medical Examiner's office have failed and the chiller needs to be replaced. On June 18, 2015, the County opened sealed bids for replacement of the existing TRANE chiller at the Medical Examiner Facility. H B Hoffinan, LLC. was the lowest responsive bidder. Project Management wants to confirm that Hoffinan's proposal is based on installation of a new TRANE chiller unit as specified in the RFP and enter into a contract with Hoffman. PREVIOUS RELEVANT BOCC ACTION: On April 15, 2015, the BOCC approved advertising of the RFP for the Medical Examiners Chiller Replacement project. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. J11 111 7 Iff � 1 i ii � � ii BUMM01101 i �10111 EMAM DIFFERENTIAL OF LOCAL PREFERENCE: NONE REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Att i - 0 B/PurchasinJLU� is Management SVL Included X Not Required AGENDAITEM# I LTJ to) Q 146010 U4 WIN I we a, CONTRACT SUMMARY Contract with: HB Hoffinan LLC Contract # Effective Date: July 15, 2015 Expiration Date: December 15, 2015 Contract Purpose/Description: Replacement of the existing failed chilled water In for the Medical Examiners Office located at 56633 Overseas Hwy. CrqjyI Key , FI - Contract Manager: Ann Riger 4439 Project Management #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on July 15, 2015 Agenda Deadline: June 30, 2015 WORT-11TOMM Total Dollar Value of Contract: $ 88,418.00 Current Year Portion: $ 88,418.00 Budgeted? Yes E] No 0 Account Codes: 304-24000-560630-CG15- Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Changes ate Out Date In Needed Reviewer Yes[:] No[:] Risk Management Yes[:] No[] O.M.B./Purchasing IS YesL] No❑ -- CI. County Attorney YeSD NoE] 1lL, in F- z M 0 �s u CL < tn > 4- IL CL 19 z LU 0 W LU J Z Z ix LU LLs in w x 94 j 4c ul 0 j IL m Z uj z ODOM 0 Z V4 U uj C) z ul Ul Lf. JW 72 -2 0 Z FA UJ Z ce w 0 z L:a P4 0 z A UA IL 0 .j 4c LU u a z 0 EA LLI C- 41-1 �t as E E %.3 E -XI IL Cal Agreement Between Owner and Contractor 185-T-MIT-M, 1009UMT Wilb =-- MMi2UT-2itT-Vr+.Tir-F.TiT-IMI=- a BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: HB Hoffman, LLC 1340 Stirling Road, Ste. 3B Dania Beach, F1 33004 For the following Project: MEDICAL EXAMINER'S OFFICE CHILLER REPLACEMENT Scope of the Work 1 Project Overview The Scope of Work consists of: Removal of existing Trane Model # CGAFC604APAl OODEOOOONOOOOOOOOS and Serial # C09C1 3582, 60 Ton, Air Cooled Chiller unit and replace with most current and compatible model of Trane for existing Trane system. Contractor shall replace the existing valve handles, flow switches, and all neccessary piping insulation. Contractor shall provide at a minimum of 1 year labor warranty and a manufacturer's one year parts and compressor warranty along with a two thru five year compressor warranty. Condenser coils shall be provided with Trane's "Complete Coat" epoxy polymer coating. LonTalk/Tracer Summit communication board shall be included. Contractor is to insure proper connection to and communication with the existing Tracer Summit Building Automation System. 1 Provide and install new 60 Ton or equivalent Chiller Plant unit(basis of design Trane CGAM060). 2. Replace all exterior piping insulation up to and including pump housings. 3. Replace existing corroded chilled water valves, valve handles and flow switches. 4. Disconnect all electrical and chilled water piping to existing unit and replace as necessary. AGREEMENT Page 1 of 48 5. Verify that existing electrical wiring and breakers are compatible to new system or replace as needed. 6. Contractor to provide written schedule for all phases of the work. 7. Contractor to provide submittals on all materials and receive approval before installation. The Scope of Work shall include, all work shown and listed in the Request for Proposals. 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 and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. 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 Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3. General Requirements A. Construction work times shall be limited to: After hours and weekends may be allowed. B. Contractor needs to be aware of weather and location and plan accordingly. C. Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each days works shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal work period/ day. D. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The contractor will be responsible to obtain all additional necessary permits and approvals including the: Florida Department of Transportation, Monroe County Building Dept., Fire Marshall, City of Marathon, any other permitting or regulatory agencies as applicable. M&1:2*Ir-AIN AGREEMENT Page 2 of 48 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 notice to proceed. Contractor's license shall accompany proposal. 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 4. If in the event of conflicting, or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Project Management in any event, in order to not compromise the Owners right to make appropriate decisions. 5. Contractor shall maintain As -Built Drawing , (Record Drawings per Section 01720), • his work progression. 6. The Contractor shall not store materials, tools or debris inside the building with out written permission. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. 7The Contractor shall coordinate with Owner's representative on availabll-,.! hours for Job Site access. Any change • agreed upon schedule must • obtained in writing with a minimum of 72 hrs advanced notice. 8. Coordination of each days works shall be done in advance with approva' from County. All spaces interior and exterior shall be cleaned an,i returned to normal each work period. 9. Due to the sensitive work conducted at this facility, Contractor is to coordinate and accommodate any service interruptions with the facility User. AGREEMENT Page 3 of 48 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred twenty- (120) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. trz-z a rz trolmon 5-05050m, FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 1 00.00/Day 200.00/Day 750.00/1)ay $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/1ay $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/1'ay The Contractor's recovery of damages and sole remedy for any delay caused b• the III rrr TIME III 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Eighty Eight Thousand Four Hundred Eighteen and NO/1 00 Jollars ($88,418.00), subject to additions and deductions as provided in the Contract Pocuments. AGREEMENT Page 4 of 48 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: Alternates: No Alternates Specified. 4.3 Unit prices, if any, are as follows: AGREEMENT Page 5 of 48 construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. E—UtDow. Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals AGREEMENT Page 6 of 48 G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). — 1 0 1! TOTNT4111 =I$ UML11U1 %,0r1L1d(;L NVURITIUM, URI I UIIUU FIJIUM W L11dL PFU PP1Ur11t!F1LUU by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: 7Wf7Tn7nt"JW1UF LF115 a(MUT11un- consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. AGREEMENT Page 7 of 48 c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any 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 AGREEMENT Page 8 of 48 Ing Alim WnIGn proniblis a1suriminaLlurl U11 Me a U , coior 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 • the '• of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 LISC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter • 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 ol public position, conflicting employment or contractual relationship; and disclosure or use o-1 certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. AGREEMENT Page 9 of 48 (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees tc reasonably require, to include a Public Entity Drug -Free Workplace Statement. 6911- -A- ----- -- execute such documents as the County may Crime Statement, an Ethics Statement, and a AGREEMENT Page 10 of 48 shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractors default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the AGREEMENT Page 11 of 48 basis of race, color, national origin or sex in award and performance of contracts, enterErs pursuant to this Agreement. I y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings conform to Florida Green Building Coalition standards. i 11"Wiliff"W•IT111112R, ARTICLE 8 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 i P-MAvP-&'kT1 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (insert information here). a) Drawings: N/A b) Project Manual: RFP Dated June 2015 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. renue�� 1.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: Number Date Page(s) # 1 May 29, 2015 1 9.1.5 The Alternates, if any, are as follows: P,►I r. 7-111 z -M = AGREEMENT Page 12 of 48 Ici 6'r-A If 1 :4 :a LT-,Tci :a • Mel I[ x9l AGREEMENT Page 13 of 48 (SEAL) Attest: Amy Heavilin, Clerk By: Deputy Clerk Date (SEAL) Attest: By: Print Name: Title: Date: And: By: Print Name: Title: Dare: STATE OF FLORIDA COUNTY OF 0 Mayor/Chairman CONTRACTOR 1-113 HOFFMAN, LLC By: Print Name: Title: Date: MONKC COUNT A IRNEY _y VED P�'JO .1 tz 'M CHRIS AMBROSIO ASSI SjANT.,C0QLJ NTTY, ATTORNEY Date: On this — day of 20_, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for MEDICAL EXAMINER CHILLER REPLACEMENT for the purposes therein contained. 7 r, I M yj -0 M. RM. AGREEMENT Page 14 of 48 Medical Examiner's Office Chiller Replacement General Conditions of the Contract for Construction Where Project Management is Not a Constructor 1 . General Provisions 2. Owner 3. Contractor 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 GENERAL CONDITIONS Page 15 of 48 Medical Examiner's Office Chiller Replacement iKl�cj:l I'll 1:1:1r-11 MU".14 GENERAL CONDITIONS Page 16 of 48 Medical Examiner's Office Chiller Replacement 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11 "x 17" drawings). RUNEWT-ff M"7=1 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. GENERAL CONDITIONS Page 17 of 48 Medical Examiner's Office Chiller Replacement 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. • • • 2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities except for permits and fees which are the responsibility of the Contractor under the Contract Documents. It is the Contractor's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management and may contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written GENERAL CONDITIONS Page 18 • 48 Medical Examiner's Office Chiller Replacement notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and contractor is required to rectify deficiency immediately. mulimmuKe-Nitaxel "G 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor' means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Project Management and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Project Management or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the GENERAL CONDITIONS Page 19 oi1 Medical Examiner's Office Chiller Replacement GENERAL CONDITIONS Page 20 of 48 Medical Examiner's Office Chiller Replacement Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6.1 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 building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project Management, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Project Management, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Project Management and shall not be changed except with the consent of Project Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and Project Management's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract (3ENERAL CONDITIONS Pag,.qtfjn Q-1 Medical Examiner's Office Chiller Replacement GENERAL CONDITIONS Page 22 of 48 Medical Examiner's Office Chiller Replacement 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials field measurements and field construction criteria related thereto, or will do so, and has checked - and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Project Management approval of Shop Drawings, Product Data, • • similar submittals unless the Contractor has specifically informed Project Management and Architect in writing • such deviation at the time •' • and Project Management have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Project Management's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested • • Management and Architect • previous • 3.12.10 Informational • upon which Project .•- are • expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Project Management for approval by the • • 3.13.1 The Contractor shall confine operations at the site to areas permitted • law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting • • altering the Work. ratwral aeitbei I r ana ement shall also be GENERAL CONDITIONS Page 23 of 48 Medical Examiner's Office Chiller Replacement 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block -out, cutout opening, or other hole in any fire -related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Project Management. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Project Management and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this GENERAL CONDITIONS Page 24 of 48 Medical Examiner's Office Chiller Replacement section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. UUNNLNRM� =� 4.1.1 The Architect and /or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Project Management 4.2.1 Project Management is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Project Management and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Project Management, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used Firl-IIIIIIIIIIIIIII"Y -�miiniistratiion of the Contract 4.6.1 Project Management and Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Project Management and Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 Project Management and Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner GENERAL CONDITIONS Page 25 of 4? Medical Examiner's Office Chiller Replacement informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 Project Management will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Project Management and the Owner until subsequently revised. 4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, Project Management will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on -site observations as an architect, Project Management will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 Project Management will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Project Management nor the Architect will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Project Management, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management and shall be contemporaneously provided to the Architect. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Project Management will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with GENERAL CONDITIONS Page 26 of 48 Medical Examiner's Office Chiller Replacement Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Project Management. Subject to review, Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project Management considers it necessary or advisable for implementation of the intent of the Contract Documents, Project Management will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Project Management's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. Project Management actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Project Management action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project Management, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 Project Management will provide one or more project representatives to assist in carrying out his responsibilities at the site. The duties, responsibilities and limitations of GENERAL CONDITIONS Page 27 of 48 Medical Examiner's Office Chiller Replacement authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Project Management's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of Project Management will be consistent with the intent of • reasonably inferable • the • Documents and will •- in writing • in the form • drawings. When making such interpretations and decisions, Project Management will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims • • 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other fAt #�-*A-6-�2tkfv filL the • Claims must be made • written notice. The responsibility to • Claims shall rest with the •_ making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute • claim. Any claim or dispute that the parties cannot resolve shall •- decided • the Circuit Court, 16 th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented • 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. 4.7.4 Continuing • Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and -• FF 1 0 CQrT1p1J-1T1 ne req .3 terms of special warranties required by the Contract Documents. GENERAL CONDITIONS Page 28 of 48 Medical Examiner's Office Chiller Replacement 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Project Management, (2) a written order for a minor change in the Work issued by Project Management, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. E, WA-w4i FTM171 r*TffX6Til1tr9TM-1ktM 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub -subcontractor. GENERAL CONDITIONS Page 29 of 48 Medical Examiner's Office Chiller Replacement • . • 5.2.1 Unless otherwise stated in the ContractDocuments 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 •I the Work.Project Managementpromptly 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• reply promptly shall ci'. • of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management has made reasonable objection. 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations .i•'. f• .•=iMITIM9 • • `.• • •I • responsibilities which the Contractor, by these Documents, assumes toward the Owner or Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner or Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction•!I • covering the Contract. i. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. GENERAL CONDITIONS Page 30 of 48 Medical Examiner's Office Chiller Replacement T. I Owner's Right to Perform Construction with • • and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Project Management. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Project Management, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors • the site. The Owner and Project •' shall be held harmless • any and all costs associated with improper coordination. contractors reasoname opportunity Vor IntrouOution anu bfuraye, U1 L111dil [HUM11alts arl".6 and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Project Management any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall •` borne by the Contractor. The Contractor's sole remedy as against the Owner for • caused by delays or improperly timed activities or defective construction shall be an extension • time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. GENERAL CONDITIONS Page 31 of 48 Medical Examiner's Office Chiller Replacement 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Project Management within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Project Management determines to be just. 7.0 CHANGES IN THE WORM 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Project Management and Contractor; a Construction Change Directive require agreement by the Owner, Project Management and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by Project Management alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. ZINO= =� GENERAL CONDITIONS Page 32 of 48 Medical Examiner's Office Chiller Replacement 7.2.1 A change Order is a written instrument prepared by Project Management and signed by the Owner, Project Management and Contractor stating their agreement upon all of the following: WEE�X 011 9 M-7 r, My I I Z 19 R M • . . 0 3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determindf� in one or more of the following methods: I .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Project Management is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Project Management. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Project Management representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Project Management. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Project Management. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. GENERAL CONDITIONS Page 33 of 42 Medical Examiner's Office Chiller Replacement above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); 2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 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. GENERAL CONDITIONS Page 34 of 48 Medical Examiner's Office Chiller Replacement 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized ?djustments, allotted in the Contract Documents for • Completion • the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The ,late shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Project Management in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial Completion has •.. achieved :• certifies the •^ to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract • are •'. the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period • performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required •' Article 11 to •- furnished • the Contractor. The •. 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. • Delays and Extensions • Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Project Management, or the Arch itect/Eng i nee r, 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 anticiv,atable. un authorized by the Owner, Project Management, or by any other cause which Project Management determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Project Management not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. GENERAL CONDITIONS Page 35 of 48 Medical Examiner's Office Chiller Replacement 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 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. 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to Project Management, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Project Management may require. This schedule, unless objected to by Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 6s= .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. GENERAL CONDITIONS Page 36 of 48 Medical Examiner's Office Chiller Replacement 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub -subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by Project Management to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of Project Management's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Project Management. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Project Management cannot agree on a revised amount, Project Management shall process the Application for the amount it deems appropriate. Project Management may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims GENERAL CONDITIONS Page 37 of 48 Medical Examiner's Office Chiller Replacement NGIENERAL CONDITIONS P a 1�-•i I E Medical Examiner's Office Chiller Replacement 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Project Management to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub -subcontractors in a similar manner. 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project Management will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, GENERAL CONDITIONS •- 39 • 48 Medical Examiner's Office Chiller Replacement 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. Contractor snan jull I uy 11 1�iPUGL LIN! d1tid RJ Ut! to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of tht Contract Documents. 11111 !• 1111 PON 1111 11111 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Project Management's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027) are required for Final Payment: GENERAL CONDITIONS Page 40 of 48 Medical Examiner's Office Chiller Replacement (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 11. 1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project Management that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.1.1 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. ONOTOW101 NIN IN 10111 0 0 -------- GENERAL CONDITIONS Page 41 of 48 Medical Examiner's Office Chiller Replacement iw 1=1 0 1547=2 Me milmylkyrollqn, ITS on 7 i M-To I I I= SO .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 • Sub -subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the • • construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions a performance of the Contract, reasonable safeguards for safety and protection, including posti danger signs and other warnings against hazards, promulgating safety regulations and notifyi owners and users of adjacent sites and utilities. GENERAL CONDITIONS Page 42 of 48 Medical Examiner's Office Chiller Replacement 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Project Management or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Project Management. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11. 1. 1 Prior to commencement of Work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has GENERAL CONDITIONS Page 43 of 48 Medical Examiner's Office Chiller Replacement been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide • evidence • insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either: Or F-117-Mayrz-Gy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11. 1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed • law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is not a requirement • this Contract. 12.0 • AND CORRECTION • • 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Project Management's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by Project Management, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. M0 - ----- - GENERAL CONDITIONS Page 44 of 48 Medical Examiner's Office Chiller Replacement the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no CONDITIONSGENERAL Page 454! Medical Examiner's Office Chiller Replacement rei lonsmp-77 7M1gauurT-Yo comp77=-- be sought to be enforced, nor to the time within which proceedings may be commenced z)stablish the Contractor's liability with respect to the Contractor's obligations other th specifically to correct the Work. I 1"re-TRI& fly, - - - ------ -------------- 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 fte State of Florida. 13.2.1 The Owner or Project Management (as the case may be) and the Contractor each bin himself, his partners, successors, assigns, and legal representatives of such other party respect to all covenants, agreements, and obligations contained in the Contract Document - Neither party to the Contract shall assign the Contract or sublet it as a whole without the writt consent of the other. I 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 United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: 107re-Ter,904 am For Owner: Director of Project Management 1100 Simonton St., Room 2-216 Key West, Florida 33040 Key West, Florida 33040 GENERAL CONDITIONS Page 46 of 48 Medical Examiner's Office Chiller Replacement 13.4.1 Duties • obligations imposed '• the • i• and • and •i ,.vailable thereunder shall be in addition to and not a limitation of duties, obligations, rights and • • imposed • available by law. 13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such • • failure to act • approval • • • in a breach thereunder, except as may be specifically agreed in writing. 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract D• • • laws, ordinances, rules, regulations • orders • public • having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Project .•- timely notice • when and where tests and inspections are to •• .•• so Project Management may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Project Management, Owner or public authorities having jurisdiction determine that portions • the Work require additional testing, inspection • approval not •-• • Subparagraph 13.5.1, Project Management will, upon written authorization from the Owner, instruct the Contractor to make • 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 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management's services •: expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Project • 13.5.5 If Project Management is to observe tests, inspections or approvals required by t1l.- Contract Documents, Project Management will do so promptly and, where practicable, at th. • place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be madg promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. GENERAL CONDITIONS Page 47 of 48 Medical Examiner's Office Chiller Replacement 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently • repeatedly refuses • fails to supply enough properly skilled • or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public • having jurisdiction; •' .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. RN11 I p*011110111NAM11 Big nalmal 1112r4VAq1r-J C-101 • Or-18ROITAINIZWK9121 I tZ-14H101 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14. 1. 1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. GENERAL CONDITIONS Page 48 of 48 � J, 1:4 61MIX111111 =Kf -N, I I L, 1:4 :4�101 a a 103 =901 so I I 14 4 �► am The Proposal shall be submitted on the forms included in this section of the Proposa Documents as previously instructed herein. Item Description Pages 1. Proposal Form 18-19 2. Bid Bond (Proposal Security) 20 3. Non -Collusion Affidavit 21 4. Lobbying and Conflict of Interest Clause 22 5. Drug -Free Workplace Form 23 6. Public Entity Crime Statement 25 7. Local Preference Form 26 8. Subcontractor Listing Form 27 9. Insurance Checklist 28 M Workers Compensation and Employers' Liability 32 it. General Liability 33 12. Not Used 13. Vehicle Liability 34 14. Not Used 15. Proposer's Insurance and Indemnification Statement 35 16. Insurance Agent's Statements 37 17. Contractor License Current Copy to Be Submitted with Proposal Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 18. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a PROPOSAL FORM 0011 O-Page 16 of 206 list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. 11-INTAIVIM4 0=0 11 9 Relevant Experience: The number of years the person or entity has been operating and, if different, the •- • years it has been providing the service, goods, •rr construction services called for in the proposal specifications (include a list of similar projects); D. The number • years the person • entity has operated under its • name an:f any prior names; T-TIVEM a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details of the job, including where the job was located and the name ♦ the owner.) b. Are there any judgments, claims, arbitration proceeding or suits n in pe di outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (if yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits •; arbitrations with regard to a • for services, goods • construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (if yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) PROPOSAL FORM 0011 O-Page 16 of 206 Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. Customer references (minimum of three), including name, current address and current telephone number; De-R-T-611AM; I WJFWM in and current telephone number; g. Financial statements for the prior three years. Please provide in a separate sealed envelope for the Contractor's confide ntialily, and cleariv label the envelope "CONFIDENTIAL" one (1) original copy. ( "Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 11 9.07(l) and s.24(a), Art. 1 of the State Constitution.") PROPOSAL FORM 0011 O-Page 17 of 206 MEDICAL EXAMINER'S OFFICE CHILLER REPLACEMENT SECTION 00 110 PROPOSALFORM PROPOSALTO- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 W .roflmr.mlm 1340 Stirling Road, Ste 313 Dania Beach. FL 33004 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MEDICAL EXAMINER'S OFFICE CHILLER REPLACEMENT CRAWL KEY, FL Ta­miTFa—rwftff­aH iocal conditions including labor affecting Tne c051 tnereOT, al]U 11LITIfig larnindliz himself with material availability, Federal, State, and Local laws, ordinances, rules a regulations affecting performance of the Work, does hereby propose to furnish all lab mechanics, superintendents, tools, material, equipment, transportation services, and incidentals necessary to perform and complete said Work and work incidental hereto, workman -like manner, in conformance with said Drawings, Specifications, and other Contra, Documents including Addenda issued thereto. 0 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. Dollars. (Total Base Proposal- words) y\a -�_ N� (Total gase Proposal — numbers) WrOVOTIMM mmsm=' PROPOSAL FORM 001 10-Page 18 of 206 i N/ADated Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms (located in Section 00 110): a. Proposal Form A b. Proposal Security (Bid Bond) x C. Non -Collusion Affidavit x d. Lobbying and Conflict of Interest Clause x e. Drug -Free Workplace Form X f. Subcontractor Listing Form x 91 Proposer's Insurance and Indemnification Statement x h, Insurance Agents Statement (signed by agent) X i. Local Preference Form and requirements (if applicable) N/A In addition, Proposer states that he has included a certified copy of Contractor's License, and Monroe County Occupational License. (Check mark items above, as a reminder that the are included.) I I 1 0 0 - 1111111, 11111111,, 11k , 6 - 6 - V Dania Beach, FL 33004 Phone Number: 954-362-7325 Date: 6/16/15 Signed: Kara Hoffman Bays (Name) President (Title) Witness: jk (Seal) L 'V .V PHANIE POLO M' COMMISSION 1111 U2118824 EXPIRES July 23,2016 40411139"153 PROPOSALIFORM 00 11 O-Page 20 of 2C11 4JINkIIIII of the city e according to4aw on my oath, and under penalty of perjury, depose and say that: yfflvg�� of the firm of HB Hoffman, LLC Medical Examiner's Office Chiller Replacement and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating ti, such prices with any other proposer or with any competitor; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that said project. (Signature of Ploposer) ti STATE OF: COUNTY OF: MM 1= PERSONALLY APPEARED BEFORE ME, the undersigned authority, Y"OVA qb�ar) who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above 15 on this I 16th day of June .20 A NOTARY PMLIC 1 � My commission expires: 22,.331 4 'V "'L%, STEPHANIE POLO My COMMIWION 0 EM18VA EXPIRES July 23,2016 9 �kROPOSAL FORM 00 11 O-Page 22 of 206 • MONROE COUNTY, FLORIDA A-111111-111 i W, 1 0 15M # mi I otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 149== LZ2 (Signature) I lrpjmf E STATE OF: Foci 1 COUNTY OF: Subscribed and sworn to (or affirmed) before me on 6/15/15 (date) by _ Kara Hoffman Bays (name of affiantL, He/She is personally known to L_Z ally known or has produced as identification. (Type of identification) 7F- NODR-Y PUBLIC My commission expires: zj 116 STEPHANIE POLO My COMMISSION# EE218824 L V EXPIRES JUIy 23,2016 V` PROPOSAL FOR 00 11 O-Page 23 of 206 • I . Publishes a statement notifying employees that the unlawful manufacture, distribution, fispensing, possession, or use ♦ a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) •. after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation • this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Pro`Ioser's sinature 6/15/15 M PROPOSALFORM 0011 O-Page 24 of 202 I MA iiillsyllIADPRTJF;R�����;Qlk i PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may uylplier subcontractor_. or CONTRACTOR under a LAW &A 1 141"1 1"n W", 1611 � -4 Ill A- 3 4,013 �w I I w n i v in excess of the 111if 1W11111111 I D , I I - IN 4 I have read the above and state that neither HB Hoffman, LLC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) STATE OF: -RE) VI -A CA. COUNTY OF: Subscribed and sworn to (or affirmed) before me on the 1 5th day of june�_:: 20 15 by Kara Hoffman Bays e is �persouallyy kn(�o* _(name ofaffiant�, He/Sh to me or has produced identification) as identification. My Commissi L -776-1-ARY MBLIC W A L 4w-, STEPHANIE POLO MY COMPAW10NONE21a624! EXPIRES J* 23,2010 !407) 3y8-01M FforkteI Wn PROPOSALFORM 00 11 O-Page 25 of 206 I 1[#14f-Jq:2z44;1:4:44 Z l4q:21*1 V Ji Ft. 'renaors claiming a iocai preterence accoraing o 004-2015, must complete this form, Name of Bidder/Responder N/A Date: NIA 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? NA (Please furnish copy') 2. Does the vendor have a physical business address located within Monroe County from which the vzInI&I-e-%�zIira�iI Aufmirnny.; �zs6vaaa- 44-t--G4fj4* lal th2*o--2 or services being offered to Monroe County? NA (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) List Address: NIA N/A BY= = t. C Subcontractor's physical business address within Monroe County from which the subcontract8? .tperates: E (The physical business address must be registered as its principal place of business with the Flori Department of State for at least one year prior to the notice of request for bids or proposals) NIA Address N/A Bidder/Responder W0717FIRTSM N/A IBM Tel, Number N/A Print Name: N/A On this NIA day of N/A 20 N/A , before me, the undersigned notary public, personally appeared NIA -, known to me to be the person whose name is subscribed above or who produced NIA as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. NIA N/A NIA PROPOSALFORM 00 11 O-Page 26 of VE MEDICAL EXAMINER'S OFFICE CHILLER REPLACEMENT SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w1area Fax: Cell: Address code • I - 11 - 0 15411 •!i 0 0 PROPOSALFORM 001 10-Page 27 of 206 ilirli , ;Ir A I I il, 0 Insurance Checklist FOR Proposer Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1 Employers Liability $100,000/$500,000/$100,000 WC2 x Employers Liability $500,000/$500,000/$500,000 WC3 Employers Liability $1,000,000/$1,000,000 /$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability INSURANCE REQUIREMENTS AND FORMS 00 1 20-Page 28 of 2CE • Premises Operations Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GLI $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage . or $300,000 Combined Single Limit GI-2 X $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage or $500,000 Combined Single Limit GI-3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GI-4 $2,000,000 Combined Single Limit GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy, I J, 1:4 a] NEI a Wff-11 Jill k, 1:4 Z4�K*J:l a M Vol M 111414:1 1111 Jill, 11! HITT; rfiwffmfl�� Mlm�� VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or "Not for Profit' organizations. Risk Management must approve the use of this form). VL2 X $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VI-3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VI-4 $5,000,000 Combined Single Limit Miscellaneous Coverages BRII Builders' Limits equal to the Risk total cost of construction completed project. IVIVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 300,000 per Occurrence/$ 500,00OAgg. PR02 Liability $ 500,000 per Occurrence/$ 1, 000, 000 Ag PR0g. 3 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$ 1, 000,000 gg A. POL2 Liability $1,000,000 per Occurrence/$2,000,000 gg A. POL3 $5,000,000 per Occurrencel$10,000,000 Agg- INSURANCE REQUIREMENTS AND FORMS 00120-Page 30 of 206 912 ALBA 0 12 a" Employee $ 10,000 Dishonesty $100,000 Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Medical $ 300,000/$ 750,000 Agg. Professional $ 500,000/$ 1,000,000 Agg. $1,000,000/$ 3,000,000 Agg, $5,000,000/$10, 000, 000 Agg. Installation Maximum value of Equipment Floater Installed Hazardous $ 300,000 (Requires MCS-90) Cargo $ 500,000 (Requires MCS-90) Transporter $1,000,000 (Requires MCS-90) Bailee Lib. Maximum Value of County Property that will be in the Bailee's possession. Hangarkeepers $ 300,000 Liability $ 500,000 s 1,000,000 Aircraft $ 1,000,000 Liability s 5,000,000 $50,000,000 Architects Errors $ 300,000 per Occurrence/ $ 500,000 & Omissions $ 500,000 per Occurrence/1,000,000 $ 1,000,000 per Occurrence/$3,000,000 Engineers Errors $ 300,000 per Occurrence/$ 500,000 & Omissions $ 500,000 per Occurrence/$1,000,000 $ 1,000,000 per Occurrence/$3,000,000 INSURANCE REQUIREMENTS AND FORMS 001 20-Page 31 of 20f FOR INSURANCE REQUIREMENTSTENT Prior to the commencement of work governed by this contract, the Contractor shall :ilbtain Workers'':• respond to the applicable In addition, the Contractor shall obtain Employers' Liability Insurance with limits of n2l' less than: I Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of • i .'. MIS-9- . • i i .•il♦ �• * ! ice:^•. ♦ .!• INSURANCE GENERAL LIABILITY • #► 1 t EBf - Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall he maintained throughout the life of the contract and include, as a minimum: Operations• Premises • Products ani Completed Oi' • • Blanket Contractuali • Personal Injury Liability 10 Expanded Definition of Property Damage 10 !11' per Person; $500,000 per Occurrence $200,000Property Damage or !! !11 Combined Single An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. RE VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR cauTz%Q 0FPaE-a1;;lILLEj'' BETWEEN L Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: TOT011IIIM 111111110111: 1 EDE MEDICAL EXAMINER'S OFFICE CHILLER REPLACEMENT PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations or Products and Completed Operations $300,000 per Person Blanket Contractual Liability $500,000 per Occurrence Personal Injury Liability $200,000 Property Damage Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage 13 = 211 51111111 1 "116 • . a 10 I 0 1 Ere I KQ_ 1-1 M, I TIMM appellate proceedings, or other proceedings relating to any type of injury (including death), los damage, fine, penalty or business interruption, and (iii) any costs or expenses that may asserted against, initiated with respect to, or sustained by, any indemnified party by reason or in connection with, (A) any activity of Contractor or any of its employees, agents, contracto or other invitees during the term of this Agreement, (B) the negligence, recklessness intentional willful misconduct of Contractor or any of its employees, agents, sub -contractors other invitees, or (C) Contractor's default in respect of any of the obligations that it undertak under the terms of this Agreement, except to the extent the claims, actions, causes of actio litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts omissions of the COUNTY or any of its employees, agents, contractors or invitees (other th Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs expenses relate to events or circumstances that occur during the term of this Agreement, th section will survive the expiration of the term of this Agreement or any earlier termination of th Agreement. 13 116-1-124 lei ISIZETAF, The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. 00110-12 of this proposal. Kara Hoffman Bays A-1 Signature .NSURANCE REQUIREMENTS AND FORMS 001 20-Page 36 of 206 n INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY GL - BKS55938464 Auto - BASS5938464 Umbrella - MAPXS00004189 Liability policies are XX Occurrence Ist Allegiant Insurance LLC Insurance Agency DEDUCTIBLES $250 Property Damage None for Auto Liability an for Umbrella Claims Made C- Signature �V76r, IRSURANCE REQUIREMENTS AND FORMS 00 1 20-Page 37 of--2- 06 ISSUEDACC>R" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS AS OF r r ONLY • CONFERS NO RIGHTS UPONr • BELOW.CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OF DOES NOT• BETWEEN THE ISSUING INSURER(S),•- • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATEs • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the holder x F --TACT— PRODUCER WN NAME: Leighton Campbell lst _! 2450 Hollywood Blvd. E-MAIL leighton@lstallegi.ant.com r - INSURER(S) AFFORDING COVERAGE NAIC # Hollywood FL 33020 INSURERA:Ohio Security Insurance Co ,INSURED INSURERB:Essex Insurance Company 39020 i Stirling Rd Ste 3B INSURER D Dania Beach ► THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSH TYPE OF INSURANCE ADAL SUER POLICY E :F POLICY EXq POLICY NUMBER I MMID IYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 DAMAGE TO , 300,000 A CLAIMS -MADE X OCCUR PREMISES (Ea oorutrranco) X BKS55938464 1/26/2015 1/26/2016 MED EXP (Any one person) 15,000 PERSONAE 8 ADV INJURY $ 1,000,000 GEN'LAGGRFGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY PRO .-.� :;PRODUCTS JECT - COMPtOP AGC ? 2,000,000 OrFIER Employee Benefits 5 AUTOMOBILE LIABILITY co),I 6A . 0 3IN ,I,F• ;,IP.1I1 (Ez acmdent) 1,000,000 X ANY AUTO BODILY INJURY (Par Person) • A ALL OWNED SCHEDULED X BAS55938464 3/18/2015 3/18/2016 AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED X x PROPERTY DAMAG'f B HIRED AUTOS AUTOS tPnr aecldlmil) ofP liaw U 10,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE : S 5; 000; 000 8 EXCESS LIAR CLAIMS MADE AGC,REC•ATE 5,000,000 DEL) �e rE IeT ION X S00004189 1/26/2015 1/26/2016 � WORKERS COMPE N SA TI ON 01H- RTATUTE ER AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORIPA.R=I•ItR+E(ECUTIVE EL EACH ACCIDENT 5 OFFICER+MS!.1hEi2 EXCLUOLL17 N 1 A I Mandatory In NH E'_ DISEASE - EA EMPLOYEE $ tl yyns. ,l nscn00 una er "�ESCRIixiION r.'.F 6PERAi:CI+S bnlcN E I. D1$EASE • PC'-;CY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS P VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The certificate holder is an additional insured on the above referenced policies as required by written contract. U L K I IhtLiA I C r14LUr-K LA NL r-LLA I!V IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County THE EXPIRATION DATE THEREOF, N0710E WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 tt ► • R. West,Key 40R1j[:riT:F7di7.7�:#'TiYi154Tf.4 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACCIRD name and logo are registered marks of ACORD I S025(201401) AC RQ Q® DATE (MWDD ) CERTIFICATEl 06115120i5 7c O r RrT41t PHONE FAX Automatic Data Processing Insurance Agency, Inc. )nrc, No, Ext): I (AIC, No): 1 Adp Boulevard ADnaILSS: Roseland, NJ 07068 INSURER(S) AFFORDING COVERAGE NAIC # FirstCempInsurance Company 1 27626 INSURERA: INSURED INSURERS : 1 HB HOFFA LLC I 1340 STILIG RD INSURER C : Dania, FL 33004 INSURER D: INSURER E; INSURER F : rnvGReCFc rFRTIFIc` NTF MI I RFR• 354531 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER LTR . S I wVn POLICY NUMBER POLICY EFF POLICY EXP LIMITS MrrtrDDIYYYY MAIlDOM/YY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1 DAMAGE TO RFN7170 I 'REWSI_S (ra 0CxM0E-u1 S MED EXP IA-,p one pwwv) It • PERSONAL A ADS INJURY $ GERL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE { E PRC• . JEC1 ., r'HpJLCTS CCM•'rOPAGG $ UfhrEH AUTOMOBILE LIABILITY I L It I -I evi I I_ I-IFa.r,urtenq 1 ANY AUTO BODILY INJURY (Per Parson) I D ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS -_ HIREDAUTOS AUTOSLD ... __. I It UMBRELLA LIAR OCCUR EACH OCCURRENCE 4 w' � EXCESS LIAR CLAIMS -MADE AGGREGATE $ CEO RETENTION S _. WORKERS COMPENSATION I - x = • rl- - I FR .AND EMPLOYERS' LIABILITYiT.STI.ITE ANY PFCPRIETCRtPARTNERIEXECUTIVF Y! N _ E L EACH ACCIDENT J $ 1,000,000 A IOFF CERWMLnnoER EXCLUDED? N I A M C0023612-04 01/26/2015 01126/2016 1 (Mandatory in NH) E L DISEASE - EA EMM OYFF.; $ 1,000,000 If yes, describe under Df SCRIPTION OF CPERATU0NS be ow E L DISEASE -POLICY _1 MIT $ 1,000,000 II I DESCRIPTION OF OPERATIONS t LOCATIONS P VEHICLES (ACORD t®i, Additional Remarks Schedule, may be attached if more apace Is required) CIU4AdIdiiL•�tlz9.lei 4■14. 1111110 wr ;I r r i. r t t r r r M. r err in 1. •� � • ► -- •.*• •_ :;•_- 19BB-2014 ACORD CORPORATION. All rights rose ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Medical Examiner's Office Chiller Replacement ♦ i i 1 ;� r• • r • !. 0743 Hoffman Bays .Kara . : . ��N B. /A C. Entity has been in business for 5 years. Years Experience Kara Hoffman Bays 8 Gary Bays 40 Project:qNmilar ReplacementWilliam T. Dwyer HVAC Quantum Plastics! Cooling Tower Port Everglaces HVAC Replacement Fulton Holland Central Energy Plant D. Operated as HB Hoffman, LLC and only as HB Hoffman, LLC for 5 years E. Customer References.. Phone Nu Angel Garcia I he School District ot Palm Riviera Beach, FL 33414 Quantum Storage Systems 440-991-7622 r i pq r -.. r •.• -•• ! is J• • ■! - • M; ► . `f May J Cors-Air - Greenheck Susana Tomadin 954-456-4300 2865 SW 30th Ave Hallandale, FL Ferguson Enterprises, Inc (Piping Supplier) Chris Guida 954-724-6902 9439 W Commercial Blvd Tamarac, FL Grauer Pembroke Park Branch 954-987-9801 2757 S. Park Rd. Pembroke Park, FL 33009 Johnstone Supply Ramon Delgado 954-609-5074 329 Bryan Rd. Dania Beach, FL 33004 Lehman Pipe and Supplies (Piping Supplier) Jeff Thomas 305-576-3054 230 NW 29th St. Miami, FL 33127 Matheson Tri-Gas Frank Curbelo 305-591-9141 216 SW 28th St. Fort Lauderdale, FL 33315 Sunbelt Rentals Greg Ralston 954-527-4007 Trane US Inc. Jose Perez 954-499-6900 HD Supply (Piping Supplier) Miami Branch 305-477-3045 Carrier Enterprises Melissa Tucker 954-27-2051 Johnson Controls/York (Air Handlers/Chillers Danny Diaz 954-538-7959 Geair - Rheem Alfonso Herrero 305-992-4681 Harrison Crane David Harrison 305-984-9481 Don Thomas Quantum Plastics- Owner's Representative 440-991-7622 Mike Picciotti General Superintendent —Skanska USA 954-235-1182 Matthew Jones Dania Beach Design and Marine Center 954-921-6673 qid Buhagiar Director of Facilities - Gulfstream Park, Hallandale 754-581-6411 Susan Jacobs City of Hollywood Code Compliance 954-558-6885 Sheila Oliver Chief Mechanical I nspecto r-Pe m broke Pines 954-610-1321 Steve Hutkowski Diversified Fluid Controls —pumps 954-492-1166 Helen Stokes Palm Beach School District - Purchasing 561-882-1954 Norman Bray Electrical 'E - Hollywood Gershon• Hollywood Garfield Williams * ♦, Port Everglades Russ Shepard VP Gilbane Building• •-r.. Jose Perez Trane US Inc. Andy Allen VP Operations - Skanska USA State of Florida Department of State I certify from the records of this offico, that HIS HOFFMAN, LLC, is a limited liability company organized under the laws of the State of Florida, filed on March 2, 2010. I further certify that said company has paid all fees due this office through December 3 1, 2015, that its most recent annual report was filed on February 2 1, 2015, and its status is active. Given under my hand and the Great Seal if the State- if FItri at Tallahassee, the Capital, this Secretary of State Authentication 11): CC8718893061 To authenticate this cerfificate,visit the following site,enter this III, and then follow the instructions displayed, https:/Iefile,sunbiz,org/certauthver.html STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0733 BAYS, GARY M HB HOFFMAN, LLC 3011 NORTH OCEAN DRiVE STE HOLLYWOOD FL 33019 Congratulations! With this license you bKome oil(, of the nearly One million Floridians licensed by the Department of 13usijjeSs and Professional Regulation Our professionals and businesses range from architects to yacht brokers, fioin boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business to ()r(jer to serve you better, For Information about our seivtces, please log onto www.myflaridalicense.com. There you can find more information about our divisions and the regulations that impact you, stibscfibe to department newsletters and learn more about the Depai I ment's initiatives. Our mission at the Department is: License Efficiently, Regulate. Fairly, We constantly strive to serve you better so that you can serve your customers. Thank YOU for doing business in Florida. and CQngJ`8tLJ1at10r1S on Your new license! ■ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PiOFt§ wpie■ y jz&tfo�� L I -W4 Oa rM 00 11119110 1!7� 1 (AMIN-19 W, BAYS, GARY M HB HOFFMAN, LLC 3011 NORTH OCEAN DRIVE STE HOLLYWOOD FIL 33019 (1-101141rlpffirml■ STATE OF FLORIDA A` DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CMC1250090 ISSUED: 09/24/2014 BAYS, GARY M HB HOFFMAN, LLC IS CERTIFIED under the provisions of Ch.489 FS Expiration date AUG 31, 2016 L1409240002498 ISSUED, 09/2412014 mcm AV A.q PP:oi II prl Qv i AIM llr_n .4 4 q xA--- — W LTJ M 0 m U) z 171 "1 > < m CD t9b LTI CL > 0 r 0 (n w r CD CD w E5 0 z in m :r 4) m > 0 3 0 I�j m 3Z 1c CD 61 El 0 m 10 w z W cr a) EW FD ro nD c, En 3 37 3 z U) CL 0 mi .(e T c a- TJ C 0 M ID 01 CA ED c M 0 x 0 CD c) 0 0 0 0 to C) T 0 0 M CD 0 ul CL m CD 0 o 3 mrlU U) -n CIE 0 (1) ED D M C> a cn C� rr aL Q z ED d ;-1 Ul m coa t7 < U ED CL cn ft CITY OF DANIA BEACH Business Tax Receipt I MM-M 91=11 Expiration Date: 9130/2015 Charge Detail Quantity Charge Description 100 Comments: Restrictions: SUBJECT AND ISSUED ACCORDING TO BUSINESS TAX RECEIPT ORDINANCE CHAPTER 15. This ffiisulas5 Tax Receipt does not permit the holijer to operate in voiaiiork of any CRY law, oldinance, or flouolation. Any change in location or ownership must be approved by the City. subject in 700ing resiriCUons This Business rax Receipt :toes not endofqa, approve, of disapprove the holder's skill or competence or of the holder a compliance or non -Compliance oath •-)jh[:r laws. regtplatcons cjr Standards MUST BE POSTED CONSPICUOUSLY AT BUSII. NESS LOCATION "Broward's First city" 100 West Dania Beach Boulevard * Dania Beach, Florida 33004 * Phone: 954-924-6800 ext. 3672