Item C42BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Division: Public Works & Engineering
Bulk Item: Yes X No
Department: Project Management
Staff Contact /Phone #: Doug Sposito X4416
AGENDA ITEM WORDING: Approval of a contract with D L Porter Constructors, Inc. for the Key West
Light Station Renovations, Project is funded by the Tourist Development Council and the One Cent
Infrastructure Sales Tax.
ITEM BACKGROUND: On April 30, 2015, Project Management opened sealed responses to the Request
for Proposals for the Key West Light Station Renovations. There were two responders. The lowest bidder failed
to provide sufficient relevant qualifications and experience necessary for the historical nature of the renovations
project as called for in the request for proposals. The second bidder, DL Porter, did provide sufficient relevant
qualifications and experience.
PREVIOUS RELEVANT BOCC ACTION: On June 10, 2015, the BOCC rejected the bid from the
lowest bidder and granted staff the authority to negotiate with the second lowest bidder D L Porter.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $665,800.00 INDIRECT COST: N/A BUDGETED: No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:TDC.DAC I/FUN304
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Att3 (OMB/Purchasinim-)RIsk Management
I "a
Revised 7/09
IUTMO
CONTRACT SUMMARY
Contract with: DL Porter Constructors,
Contract #
Effective Date:
10/15/2015
Expiration Date:
6/15/2016
Contract Purpose/Description:
Key West Light Station and Keepers Quarters Renovations
Contract Manager: - Ann Riger
X4439
Project Mgmt / Stop #1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on July 15, 2015
Agenda Deadline: June 30, 2015
Total Dollar Value of Contract: $ 665,800.00
Budgeted? YesM NoF-1 Account Codes:
Grant: $ TDC DAC I
County Match: $ N/A
Current Year Portion: $ 200,000.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etcJ
CONTRACT, REVIEW
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Changes
Date Out
Date In Needed
Yes[:] No[:]
Reviewer
Risk Management
AYesE] NoEZ )] '
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O.M.B./Purchasing
15 YesC N.Rr
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Comments:
Agreement
W
Wetween Owner and Contractor
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: D L Porter Constructors, Inc.
6574 Palmer Circle Rd
Sarasota, FI 34238
For the following Project: Key West Light Station Renovations
Key West, Florida
Scope of the Work
1 Project Overview.
The scope of work includes various painting, repair and restoration work at the
historic Key West Light Station Property at 938 Whitehead St. Key West. Work shall be
as shown in the drawings and the specifications, including but not limited to:
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Sitework: Install new trench drain, door and swale at the gift shop. Repair spalling
concrete above doorway.
Aistoric lighthouse: paint the entire lighthouse exterior. Repair historic metalwork
and paint the interior of the top(metal portion) of the lighthouse. Repair various historit
metal components including portholes, doors, platforms, ventilators, and roofing. Patch
and paint various historic lighthouse elements including ventilators, beadboard, and
metal stairways.
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AGREEMENT Page 1 of 48
ADD Alternates include the following:
1 . Patching of slate roofing at keepers quarters, oilhouse, and ••• • ••
at -• building.
2. New •••- Gutters and Downspouts at the Lighthouse --•- •
3. • and Painting • interior masonry at the Lighthouse.
age -
Ion PIT Ine Airtger
• all the work in accordance with the • Documents. The • shall include but
• be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
A. Construction/Demolition: Sound levels produced from tools and equipment in
commercial construction, demolition, drilling, or reasonably similar activies- such
sound levels are limited to the housrs • 8:00 a.m. to 7:00 • Monday through
Friday, and 9:00 a.m. to 5:00 • • Saturday. The tools and equipment must
be muffled and maintained equal to the functional standards of the industry. No
exceptions contained in this subsection shall apply on Thanksgiving Day,
Christmas Day • New Year's Day.
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 • accordingly. Coordination of each •. • shall •' !•
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 1,1,'ork shall include, but not be limited to, all work shown and listed
in the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid
package. The Contractor shall furnish all .••I supervision, materials, ••
tools, equipment, supplies and any other means of construction necessary or
proper for performing and completing the Scope of Work, unless otherwise
specifically stated.
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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.
AGREEMENT Page 2 of 48
2. Provide, replace, and maintain any safety rails and barricades as
necessary during the process of work, or during deliveries of materials or
equipment.
3. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify Project
Management in any event, in order to not compromise the Owner's right to
make appropriate decisions.
5. Contractor shall maintain As -Built Drawing , (Record Drawings per
Section 01720), of his work progression.
The Contractor shall not store materials, tools or debris inside the building
with out written permission. Contractor shall provide suitable storage
container, and be responsible for disposal off -site of all debris and trash.
7. The Contractor shall coordinate with Owner's representative on available
hours for Job Site access. Construction/Demolition: Sound levels
produced from tools and equipment in commercial construction,
demolition, drilling, or reasonably similar activies- such sound levels ar.-I.
limited to the housrs of 8:00 a.m. to 7:00 p.m, Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday. The tools and equipment must ba.,
muffled and maintained equal to the functional standards of the industry.
No exceptions contained in this subsection shall apply on Thanksgiving
Day, Christmas Day and New Year's Day.
8. Coordination of each days works shall be done in advance with approva'
from County. All spaces interior and exterior shall be cleaned anii
returned to normal each work period.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
AGREEMENT Page 3 of 48
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 t
Owner. I -
The Contractor shall achieve Substantial Completion of the entire Work not later than Two
hundredd and forty- (240) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in the
milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified
all approved extensions in time as set forth by the Director of Project Management's signatu
I
of approval on the Certificate of Substantial Completion. The liquidated damages table belol".
shall be utilized to determine the amount of liquidated damages. I
FIRST
SECOND
31 ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00/Day
$100.00/Day
$250.00/Day
$50,000.00-99,999.00
100.00/Day
200.00/Day
750.00/Day
$100,000.00-499,999.00
200.00/Day
500.00/Day
2,000.00/Day
$500,000.00 and Up
500.00/Day
1,000.00/Day
3,500.00/Day
The Contractor's recoverV
of damages and
sole remedy for -any
delay caused bythe
Owner shall be an extension of time on the Contract.
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4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Six Hundred Sixty Five Thousand Eight Hundred and No
/100
Dollars ($665,800.0 ), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates
are to be made by the Owner subsequent to the execution of this Agreement. Attach a schedule
of such other alternates showing the amount for each and the date until which that amount is
valid.)
AGREEMENT Page 4 of 48
Alternate # 1: Patching of slate roofing at keepers quarters, oilhouse, and wood shingle roofi
at '• building. I
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•: in words)
Dollars ($9,300.00) REJECTED
Alternate # 2: New Copper Gutters and Downspouts at the Lighthouse keepers quarters..
Twelve Thousand and 00/100
(Cost in words)
Dollars ($12,000.00) REJECTED
Alternate # 3: Patching and Painting of interior masonry at the Lightouse.
Twenty Two Thousand and 00/100
(Cost in words)
Dollars ($22,000.00) REJECTED
J,.3 Unit • if any, are as follows:
F-11 A II DI 4
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered I•' each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management may require. This schedule, unless objected to by the Director of Project
Management, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
AGREEMENT Page 5 of 48
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in
the Work, amounts not in dispute may be included in Applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and
Documented Costs incurred prior to the change Request, as indicated in the corresponding line
item in the Approved Schedule of Values for that line item as confirmed by the Director of
Project Management. When both additions and credits covering related Work or substitutions
are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
• a Certificate for Payment as provided in Paragraph • •, the General Conditions.
f,.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b), Flori,72
Statutes. I
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.
4111r."11XV 11=1 -
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
AGREEMENT Page 6 of 48
(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).
7.1 TT'here reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals on leases of
real property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
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AGREEMENT Page 7 of 48
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.
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
AGREEMENT Page 8 of 48
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
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PIL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PIL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
AGREEMENT Page 9 of 48
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.
(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.
AGREEMENT Page 10 of 48
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the 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.
AGREEMENT Page 11 of 48
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
F.7r;W4T-"• •1 ; •- m 1111in''Imirin p in 1!!'' 11!•
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions. Enumeration of Contract Documents.
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (insert information here).
a) Drawings: A.0, A1.0, A1.1, A1.2, A2.0, A2.1, A2.2, A3.0, A3.1, A3.2, A8.0,
b) Project Manual: Dated March 2015
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated:
AGREEMENT Page 12 of 48
07WITIST-M
M
Date Page
April 16th, 2015 4
April 17th, 2015 2
Alternate No. 1: Patching of slate roofing at keepers quarters, oilhouse, and wo
shingle roofing at shed building. i
Alternate No.2: New Copper Gutters and Downspouts at the Lighthouse keepers
•
END ALTERAATES
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor.
ICI � FA UJIN =1 W-'ICj 41 19IM11 It
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
11 0 k 1 11 1* -
1912JI M a 1upla I B I
LM
Mayor/Chairman
By:
Print Name:
Title:
Date:
.. MMON OE cOUNTY ATTORNEY
A PROVED A
CRISAMBROSIO
S IPTANT... OUNTY ATTORNEY
Date;
*n this — day of 20before 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 (Key West Light Station
Renovations) for the purposes therein contained.
F-IrWAD M.
Print Name
My commission expires:
mm
AGREEMENT Page 14 of 48
Key West Light Station Renovations
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1 . General Provisions
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the Contract
GENERAL REQUIREMENTS Page 15 of 48
Key West Light Station Renovations
Killrb-11
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i 91�elgill 14 lkf-ll M:j :is
GENERAL CONDITIONS Page 16 of 48
Key West Light Station Renovations
1.2.3 The intent of the Contract Document is
execution and completion of the Work by ft
complementary, and what is required by one
performance by the Contractor shall be required
Documents and reasonably inferable from them
results.
io include all items necessary for the proper
contractor. The Contract Documents are
shall be as binding as if required by all;
tinly to the extent consistent with the Contraeb
as being necessary to produce the intended
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangeme
if Drawings shall not control the Contractor in dividing the Work among Subcontractors or
;5stablishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-kno%Z
technical or construction industry meanings are used in the Contract Documents in accordan
with such recognized meanings. i
I 'Irmek
11 lei Vertit-.14§1111I 111111 ItZM111117,1 0I 1112901 01YA114111M IVIIIIIE-16121M 2181VAUNI I R414212 0110AUS
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
2ny Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub -subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for
written specifications or 11 "x 17" drawings).
1.4.1 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.
RUNIUMM=
GENERAL CONDITIONS Page 17 of 48
Key West Light Station Renovations
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 "anbut 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.
RAISE �_=
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and may contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
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
GENERAL CONDITIONS Page 18 of 48
Key West Light Station Renovations
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum
of 24 hours notice. In the event of safety issues determined to be of a serious nature, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
3.1.1 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
Work under this Contract, subject to overall coordination of Project Management as provided in
Subparagraphs 4.6.3 and 4.6.5.
GENERAL CONDITIONS Page 19 of 48
Key West Light Station Renovations
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Project Management in its
administration of the Contract, or by test, inspections or approvals required or performed by
persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request of Project
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
GENERAL CONDITIONS Page 20 of 48
Key West Light Station Renovations
normal wear and tear under normal usage. If required by Project Management, the Contractor
shall furnish satisfactory evidence as to the kind and quality • materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
GENERAL CONDITIONS Page 21 of 48
Key West Light Station Renovations
construction, shall be revised as required by the conditions of the Work, and shall be subject ffle
Project Management's approval. I
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project Management and Architect and shall be delivered to Project Management
for submittal to the Owner upon completion of the Work.
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or
listributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by Project
Management is subject to the limitations of Subparagraph 4.6.12.
3,12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents submitted by
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Project Management. Such Work shall be in accordance with approved
submittals.
6111pi 11111m 0sur-ILM101 oil v 6 - I - . I Mils' M-51MUne 14MRIMEWTV
GENERAL CONDITIONS Page 22 of 48
Key West Light Station Renovations
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Project
Management and Architect in writing of such deviation at the time of submittal and Project
Management have given written approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
similar submittals by Project Management's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cuffing or otherwise altering the Work.
When structural members are involved, the written consent of Project Management shall also be
required. The Contractor shall not unreasonably withhold from Project Management or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipmept and the execution of his work, whether or not shown
GENERAL CONDITIONS Page 23 of 48
Key West Light Station Renovations
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
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
GENERAL CONDITIONS Page
Key West Light Station Renovations
I H I
a 111-71 wi I r� I I a o IN 1 Ir-lKow C4 gorgwan I I a I Kai wu"I Lai A Z-61 A a I a rame amn i RU
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
4.1.1 The Architect and /or Engineer is the person lawfully licensed to practice
arch itecture/eng ineeri ng or any entity lawfully practicing arch itecture/eng ineering 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.
4.2.1 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.
4.6.1 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
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.
GENERAL CONDITIONS Page 25 of 48
Key West Light Station Renovations
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
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.
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Key West Light Station Renovations
Project Management's response to such requests will be made with reasonable promptness and
within any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of Project Management shall be furnished in compliance with this
Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management
to furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Project Management will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, Project Management will endeavor
to secure faithful performance by both Owner and Contractor, will not show partiality to either
and will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the
claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute
or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 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 by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
GENERAL CONDITIONS Page 28 of 48
Key West Light Station Renovations
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.
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.
'1111 3 NOT � i Met TM.r
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
GENERAL CONDITIONS Page 29 of 48
Key West Light Station Renovations
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If the work has been suspended for more than 30 days, tha.
Subcontractor's compensation shall • equitably adjusted.
GENERAL CONDITIONS Page 30 of 48
Key West Light Station Renovations
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or operations on
the site under Conditions of the Contract identical or substantially similar to these including
those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Project Management,
the Owner shall provide for coordination of such forces with the Work of the Contractor who
shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless for
any and all costs associated with improper coordination.
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Project Management any
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's own forces or other contractors' completed or partially
completed construction is fit and proper to receive the Contractor's Work, except as to defects
not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
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
GENERAL CONDITIONS Page 31 of 48
Key West Light Station Renovations
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Project Management within (72)
hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
Management for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management determines to
be just.
7.0 CHANGES IN THE WORK
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
it U iii-2 #A�w
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management and Contractor stating their agreement upon all of the
following:
1 a change in the Work;
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Key West Light Station Renovations
IN 111111 1�
3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
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 othe►wise provided in the Contract
Documents, cost shall be limited to the following: cost of materials, including sales tax and cost
of delivery; cost of labor, including social security, old age and unemployment insurance, and
fringe benefits required by agreement or custom; works' or workmen's compensation insurance;
and the rental value of equipment and machinery. Markups for overhead and profit will be in
accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account
shall be made as determined by Project Management. The amount of credit to be allowed by
the Contractor for any deletion or change, which results in a net decrease in the Contract Sum,
will be the amount of the actual net cost to the Owner as confirmed by Project Management.
When both additions and credits covering related Work or substitutions are involved in any one
change, the allowance for overhead and profit shall be figured on the basis of the net increase,
if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
GENERAL CONDITIONS Page 33 of 48
Key West Light Station Renovations
.1 if the Contractor performs the actual Hork, 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 subcontractors 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
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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.
8.0 TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
GENERAL CONDITIONS Page 34 of Q
Key West Light Station Renovations
GENERAL CONDITIONS Page 35 of 48
Key West Light Station Renovations
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.
, q1:J 112111 [01 Z
3.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
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9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
Project Management, a schedule of values allocated to various portions of the Work, prepared
in such form and supported by such data to substantiate its accuracy as Project Management
may require. This schedule, unless objected to by Project Management, shall be used as a
basis for reviewing the Contractor's Applications for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to Project Management an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be notarized and
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Management may require, such as copies of requisitions from Subcontractors and material
suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
e-tcum:brances in favor of the Contractor, Subcontractors, material surmliers, or other persons or
GENERAL CONDITIONS Page 36 of 48
Key West Light Station Renovations
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.
9.4.1 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.
9.5.1 Project Management may decline to approve an Application for Payment if, in his
opinion, the application is not adequately supported. If the Contractor and Project Management
cannot agree on a revised amount, Project Management shall process the Application for the
amount it deems appropriate. Project Management may also decline to approve any
Application for Payment because of subsequently discovered evidence or subsequent
inspections. It may nullify, in whole or part, any approval previously made to such extent as may
be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims
filed or reasonable evidence indicating probable filing of such claims; (3) failure of the
Contractor to make payments properly to Subcontractors or for labor, materials, or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum; (5) damage to Project Management, the Owner, or another contractor working at
GENERAL CONDITIONS Page 37 of 48
Key West Light Station Renovations
ill I 11;MUj@1q Imb-11ralls r 11m - 6 Z 0•BUNRUT a" a - a W
No payment shall be made to the Contractor until certificates of insurance or other evidence (M
compliance by the Contractor, with all the requirements of Article 11, have been filed with t
Owner and Project Management. I
9.5.2 When the above reasons for withholding approval are removed, approval will be ma
for amounts previously withheld. i
8.6.1 After Project Management has issued an Approval for Payment, the Owner shall mauT
payment in the manner and within the time provided in the Contract Documents, and shall
notify Project Management. From the total of the amount determined to be payable on
progress payment, a retainage in accordance with the Florida Local Government Prom
Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner un
ihe final payment is made. The balance of the amount payable, less all previous payments, sh
be approved for payment. I
.1 It is understood and agreed that the Contractor shall not be entitled to demand
receive progress payment based on quantities of Work in excess of those provided in t
proposal or covered by approved change orders, except when such excess quantities ha
been determined by Project Management to be a part of the final quantity for the item of Work
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub -subcontractors in similar manner.
9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
done by such Subcontractor.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided
Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 1
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
GENERAL CONDITIONS Page 38 of 48
Key West Light Station Renovations
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Project Management shall jointly
prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no
agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and
Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order
to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
• 1 �-p =
9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project Management a final Contractor's Application for Payment. Upon receipt, Project
Management will promptly make such inspection. When Project Management, finds the Work
acceptable under the Contract Documents and the Contract fully performed, Project
Management will promptly issue a final Approval for Payment stating that to the best of their
knowledge, information and belief, and on the basis of their observations and inspections, the
Work has been completed in accordance with terms and conditions of the Contract Documents
and that the entire balance found to be due the Contractor and noted in said final Approval is
due and payable. Project Management's final Approval for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's
being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner's property might be responsible or encumbered (less amounts withheld by Owner) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is made, is currently in effect and will
not be canceled or allowed to expire until at least 30 days' prior written notice has been given to
the Owner, (3) a written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract Documents, (4)
consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
liens, claims, security interests or encumbrances arising out of the Contract. The following
documents (samples included in section 1027) are required for Final Payment:
(1) Application and Certificate for Payment
GENERAL CONDITIONS Page 40 of 48
Key West Light Station Renovations
(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.
T-TM17=- I
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project
Management that the subcontractors and materialmen have been paid is for the protection and
convenience of the Owner only. Unpaid subcontractors and materialmen may only seek
payment from the Contractor and the surety that provided the Contractor's Public Construction
Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materiallmen.
10.0 PROTECTION OF PERSONS AND PROPERTT
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Project Management for review, approval and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner and Project Management in writing. The Work in the affected area shall not thereafter
GENERAL CONDITIONS P afa, I I an i E
Key West Light Station Renovations
be resumed except by written agreement of the Owner and Contractor if in fact the material is
asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in
the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Project Management the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor and Project Management will promptly reply to the Owner in writing
stating whether or not any of them has reasonable objection to the persons or entities proposed
by the Owner. If the Contractor or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
ZRIZWENM��
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions 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
Key West Light Station Renovations
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 • 00970 • minimum requirements • job site safety •
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
Key West Light Station Renovations
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
MH
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
,nsurance 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
I.y law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance: Required
11.3 Public Construction Bond
11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of
this Contract. The bond must be from an A rated company doing business in the State of
Florida.
;IP01111
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.
GENERAL CONDITIONS Page 44 of 48
Key West Light Station Renovations
12.1.2 If a portion of the Work has been covered which Project Management has not
specifically requested to observe prior to its being covered, Project Management may request to
see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with
the Contract Documents, costs of uncovering and replacement shall, by appropriate Change
Order, be charged to the Owner, if such Work is not in accordance with the Contract
Documents, the Contractor shall pay such costs unless the condition was caused by the Owner
or one of the other Contractors in which event the Owner shall be responsible for payment of
such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to
conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The 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.
GENERAL CONDITIONS Page 45 of 48
Key West Light Station Renovations
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period
'imitation with respect to other obligations which the Contractor might have under the ContrIt
Documents. Establishment of the time period of one year as described in Subparagraph
-,relates only to the specific obligation of the Contractor to correct the Work, and has
relationship to the time within which the obligation to comply with the Contract Documents m
be sought to be enforced, nor to the time within which proceedings may be commenced
6stablish the Contractor's liability with respect to the Contractor's obligations other th
gpecifically to correct the Work.
UMEL= • • : :i
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2.1 The Owner or Project iTfianagement (as the case may be) and the Contractor each bin"s
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.
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 1:1
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Noti
,zhall be sent to the following persons:
FNISKO-741TITM-tweli
For Owner: Director of Proiect Management
1100 Simonton St., Room 2-216
Key West, Florida 33040
County Administrator
Key West, Florida 33040
GENERAL CONDITIONS Page 46 of 48
Key West Light Station Renovations
13.4 Rights and Remedies
GENERAL CONDITIONS Page 47 of 48
Key West Light Station Renovations
til 0 F-A I L01 k',' 6-11
IT �41 I -- IRM1
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by Project Management that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
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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
1Mx*Ytr4r1
MaeAND
I he 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
19-21
2.
Bid Bond (Proposal Security)
22
3.
Non -Collusion Affidavit
23
4.
Lobbying and Conflict of Interest Clause
24
5.
Drug -Free Workplace Form
25'
6.
Local Preference Form
26
7.
Public Entity Crime Statement
27
8.
Subcontractor Listing Form
28
9.
Insurance Checklist
29
10.
Workers Compensation and Employers' Liability
33
11.
General Liability
34
112.
Not Used
13.
Vehicle Liability
35
14.
Not Used
15.
Proposer's Insurance and Indemnification Statement
38
16.
Insurance Agent's Statements
39
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 00 11 O-Page 16 of 207
list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy G
iocumentation demonstrating that the entity is a legally viable entity shall
attached. See attached 2015 for Profit Corp. Annual Report
13A list of the officers and directors of the entity; See attached 2015 for Profit Corp. Annual Reporl
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the proposal specifications (include a list of similar
projects); See attached "Relevant Experience"
W The number of years the person or entity has operated under its present name and
any prior names; D.L. Porter Constructors, Inc. (17 yrs)/D.L. Porter Construction, Inc (38 yrs',
IMMEM
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details of the job, including where the
job was located and the name of the owner.) NO
r4m to] pwq] iffs r4lirzjr� 1 Mier. I
k- 1111 WT, I rVQ1 i a I Ir-AM OrA
�Fdlfflel *1 LFIeF-AUVARVi ,
officer, director or general partner in the last five (5) years)? (If yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or claim or
locate the suit by location and case number.) Yes, See attached
c. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years. (if yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or claim or
locate the suit by location and case number.) Yes, same as above
Mar—MOVA 61MMUMN 11 1 0
construction services'? is sped ica y nc u es a y presen or prio
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.) NO
PROPOSAL FORM 00 11 O-Page 17 of 207
8. 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; NO
f. Customer references (minimum of three), including name, current address
and current telephone number; See attached list
and current telephone number; See attached list
g. Financial statements for the prior three years. Please provide in a separate
sealed envelope for the Contractor's confidentiality, and clearly label the
envelope "CONFIDENTIAL" one {1) original copy.
"Any financial statement that an agency requires a prospective bidder to
any other public works project is exempt from s. 11 9.07(l) and s.24(a), Art. 1
of the State Constitution.")
The following contractors will be required to demonstrate qualifications
appropriate to the historical nature of the project:
1. Masonry D. L. Porter Constructors, Inc.
2. Metal restoration and welding Alex Klahm Metal and Design
3. Metal casting and founding Alex Klahm Metal and Design
4. Roofers A -Plus Roofing of Key West
Documentation demonstrating such qualifications shall include, but not bc
limited to:
1. Resumes of any academic training;
2. Evidence of
3. Evidence of on the job experience in historic preservation projects of a
similar iature.
additional information, i clu in p o gra s, as applica le, in order to show
historic preservation experience.
PROPOSAL FORM 001 10-Page 18 of 207
0 11 1
MERNMER-34 =*L
PROPOSALTO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: Q. L. PORTER CONSTRUCTORS, IN
6574 Palmer Park Circle
Sarasota- FL 34238
11 - i
• I - - a
10 01010142-1 MZ: I INWADE4, M 114 r, aid m va"Ir. 1 a Le Kai 4 a MGM] 114 V MIGN01011, I a a 1W1 Igo Lei E 4 a rzxftelm 1,21, 4 no, I% q rqj
� grel
'KEY WEST LIGHT STATION RENOVATIONS
Monroe County, F1
and having carefully examined the site where the Work is to be performed, having becomc
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings, Specifications, and other Contrac)
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
114 KIM I N 11 ROKIS I I I
Six Hundred Sixty -Five Thousand it Hundred & 00/100 Dollars.
(Total Base Proposal- words)
$ 665,800.00
(Total Base Proposal — numbers)
I acknowledge Alternates as follows:
ADD Alternate No. 1: Patching of slate roofing at keepers quarters, oilhouse, and wood shingle
roofing at shed building.
PROPOSAL FORM 00 11 O-Page 19 of 207
ADD Alternate No.2: New Copper Gutters and Downspouts at the Lighthouse keepers
quarters. Twelve Thousand and 00 MOO
Twenty -Two Thousand and 00 /100
Ler • •-
Dollars($ 22,000.00 )
E YJ 10SIPM
No. Dated
•
PROPOSAL FORM 00 11 O-Page 20 of 207
KEY WEST LIGHT STATION RENOVATIONS
Proposer, states by his check mark in the blank beside the form and by his
has provided the folksaing forms (located in Section 00 110)-.
& Proposal Form
b, Proposal Security (Bid Bond)
C, Non -Collusion Affidavit
d, Lobbying and Conflict of Interest Clause
0, Drug -Free Workplace Forrin
f. Subcontractor Listing Forrn
9, Proposer's Insurance and Indemnification Statement
h, Insurance Agents Statement (signed by agent)
i. Local Preference Form and requirements liff applicable)
signature that he
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 they
are included.
Mailing Address: 6574 Palmer Park Circle
-3arasota. FL 34238
Phone Number: 941-929-9400
Date,- 4/30/15 Signed:
C. Marshall White
(Name)
"Ire President
(Title)
Witness
PROPOSALFORM 00 11 O-Page 21 of 207
KEY WEST LIGHT STATION RENOVATIONS
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we
D, L. Porter Corna-ructors, Inc., 6574 PaIrnor Park Circle, Sarmota FL 34238
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Ptincipal, and
Liberty Mutant Insurance Company, 175 Berkeley St., Boston MA 02116
(Here insert full name and address or legal title of Surety)
Massachusetts
a corporation duly organized under the laws of the State of as Surety, hereinafter called the
Surety, are held and firmly bound unto
Monroe County Board of County Commissioners, FL, 1100 Simonton St., Key West FL 33040
(Here insert full name and address or legal title of Owner)
five Percent of Artiount bid (55% of arnt bid)
as Obliges, hereinafter called the Obliges, in the sum of Dollars ($), for the payment of which
sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for
Key West Light Station Historic Restoration, #0937K, Key West, Monroe County FL
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obliges shall accept the bid of the Principal shall enter into a
Contract with the Obliges in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and suffirderlL surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obliges may in good faith contact with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect. Any action instituted by a claimant under this hand must he in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes -
Signed this 20th day of April, 2015
(Witness)
(Witness)
PROPOSAL FORM
RorLer ristr -0x -IdOors Inc.
(Put ipal) (Seal)
J,
BY�
C, Marshall White, Vice President
IS It(ety) r (Seal)
BY
(Title Eileen C. Heard Attouicv,in-fact and
FloridaFLicenseA Residcrit Agent
Inquiry: Willis of I-lorida-813-281-2095
0011 O-Page 22 of 207
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power otAttarney limits the sets of those named herein, and they have no authority to Brad the Company except In the manner and to the extent herein Mistook
Certificate lvo. yVyk�
Am or can Fire and Casualty Company Liberty Mutual insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: Trial fin merman Fire & Casualty Company and The Ohio Casualty Insurance Company are corpoodrons duly organized under the Bev$ of
she Slate of Now Hampshire, that L body Mutual Insurance Company is a corporation duty organized under the laws of the State at Mareachusells, and West AwaAran Insurance Company
is a connection duly organized under the lam of the State of Indiana ([retain collectively called the 'Comparfort"), pursuant to and by sullyarily, herein set lorth, does hereby name, constitute
and aNVI Anaut CaLdinuall- a%,D_qy_L gikch, David H. Cara; Fibuen C. A Gincion rLiA. Bond
all of the sty of aancra state of FL each indrodualiffrifilberis be more than named, its true and forward attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as sandy and as its act and deed, any and all undertakings, bonds, recogithanums one other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as it they have been duly sigried by firrt president and allowed by the secretary of the Companies In their awn proper parsons.
IN WITNESS WHEREOF. this Pourer reAlyinflay fleabane subscribed toy anauthorized officericrofficial offire Cempaidevand Ine corporate seals ofilreCompeardes have been affixed
thereto thisNilday of _October - 2014
STATE OF PENFISYJANIA on
COUNTY OF MONTGOMERY
American Fire and Casually Company
The Ohio Casually Insurance Company
Liberty Mutual Insurance Company
West A mori�,api Insurance Company
fey
Dav Ir fall, Car a y-`As&jr;Lry i Secretary
On this 22na day of_2ctober L 0 �i,4, A, __ Card me personally appeared David M. Carey, who ackroadedged himself to be the Assistant Secretary of American Fire ard
Casually Company, Lenny Mutual Insurance Company, The Chair Casualty Insurance Company, and IffindAmoricar; Insurance Company, and that he, as such, being authorized so to or,,
exports, the foregoing Ins!mment far the purposes therein contained by sagrung on behalf of the corporations by himself as a duly authorized ofeaso
IN WITNESS WHEREOF, I have hereunto narnqa-ar, affixed my riolanal seal at Plymouth Meeting, Pennsylvania, an the day and year first above ounce,
Teresa Pastela Notary Public
This Pcese,ofAbornist, Is made and by , a0thwity prime forkaying By-laws and Authorizations ofAmerimin Fife and Casualty Company, The Onto Casualty insurance
Company, ubetf la litual 'r*isuranvc Company, ind k*9 I Arri6lroa , i Insurance Company which resolutions are now in full force and effect reading as folows:
ARTICLE IV -OFFICERS - Section 12, ProverrafAtearsay.Any officer or either official of Use Corporation authorized for that purpose ins0tan by the Chairman or if* President, and subject
to such limitation as the Chairman or the Freeport may prescribe, shall appoint such afticaresys-in-ced, as may he necessary to act In behalf of the Colmorallem to make, execute, seal,
act ledge and deliver as surety any and all undertakings, bonds, amognizanose and other surety obligations Such aftromma-mi-tact, subject to the frelystons act (with in their respective
powers of attorney, snail have full power In land line Corporation by firker signature and execution of any such Instruments and to attach thereto the seal of this corporation, When as,
executed. such Instruments shall be as binding as if socated by fica, President and Standard to by the Sxcrvdvery. Any power at authority granted to any representative or aRDmay-in-fact under
the provisions of this article may be revoked at any IlL by this Board, the Chmrriflarl, fire Prescient or by the officer or officers granting such power or amounts,
ARTICLE Xfll- Execution of Contracts -SECTION 5 Surety Bonds and Undertakings. Any officer of the Comicany ralresezied for that purpose in sicking by the chairman or the provedard,
and quitcal to such linihibrion as the chairman or the deaddent may prescribe, shall appoint such attorneys-n-fact as maybe necessary to act In behalf of the Company to rocks execute'
seeI. acknowlts1ga and deliver as widely any and all sandy, oxminizances and other surety offigapters. Such alsormays-m-fact subject So the limitations set forth in their
respecliveipmetars afaftorney shall have full power to Rod the Company by their signature and execution of any such Instruments and to affach thereto the seal of the Company. Whence
executed such ingrurivards shall be as binding as If signed by the president and alrosard by the secretary,
Certificate of Designation - The Positioned of the Contrany, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such afforneys-h-
fact as may be necessary to act on behalf of the Company to make, istricaba, whit acknowledge and deliver as surety any and all undertakings, bonds, recoginhancers and other surety
obligations,
Authorkrallon -Av unalairn she consent of the Comparys Board of Directors, the Company consents that facsimile or resonant cally reproduced signature of any assistant secretary or the
Company, whatever skewering upon a corblied copy crony browe nfafthurney issued by the Company In connection Win surety bonds, shall be valid and binding upon the Company With
the mass force and effect as though manually affixed,
1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fee and Casualty Comp", The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby solely lost the original PIAM of attorney of which the loieyov Q a itA. true and correct copy of the Power ofAimmay wiesuded by said
Companies, Is in full force and affect and has not been onward.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this O day of
L
I 90c, Vv I y:
Gregory IxT Davenport, Assistant Secretary
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LNG 1287312201 c Itia of ON
KEY WEST LIGHT STATION RENOVATIONS
SECTION 00110
NON -COLLUSION AFFIDAVIT
i C. Marshall White - ofthe city Sarasota_
according to law on my oath, and under penalty of perjury, depose and say that,
I i am —Vice President
of the firm of D. L. Porter Constructors, Inc.
the proposer making the Proposal for the project described in the notice for calling for proposals
for:
Monroe County Board of County Comm issio n ors/Key West Light Station Renuvelliurris
and that I executed the said proposal with full authority to do so;
2. The Moves in this proposal have been arrived at independently without collusior, consultation,
communication or agreerrent for the purpose of restricting competition, as to any matter relating to
su
ch prices with any other proposer or with any corripetrior;
3 Unless otherwise required by law, the prices which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior
to proposal opening, directly or indirectly, to any other proposer or to any competitor, and
4 No attempt has been made or will be made by the proposer to induce any other person, partnership
or corporation to submit, or not to submit, a proposal for the purpose of restricting compydrtion: and
5, The statements contained in this affidavit are true and correct, and made with (Lill knowledge that
said protect
April 30, 2015
(Signature of Procoser) C, Marshall White, VP {gate)
STATE OF Florida
COUNTY OF Sarasota
PERSONALLY APPEARED BEFORE ME, the undersigned authority, C. Marshall White
who., after first being sworn by me, (name of individual signing) affixed hisher signature in the spare provided above
an this 30.th cay of ___ ApdL-----
KIM MCW'
Y
MAI
NOTAO COS MKSON# M
My commission expires; pub"" 1100MES Fab 24, 2019
tart
ku vou"Wi COWANY
PROPOSAL FORM 0011 O-Page 23 of 207
KEY WEST LIGHT STATION RENOVATIONS
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
D� L. PORTER CONSTRUCTORS, INC.
(Company)
warrants that he/it has not employed, retained or otherwise had act on hisiths behalf any former County
officer or employee in violation of Section 2 of Ordinance No 010- 1990 or any County officer or ernplotivic in violctiorl
of Section 3 of Ordinance No 010-1990, ror breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also in its discretion, deduct from the contract or purchase price, or
othervase recover, the full amount of any fee commission, percentage, gift, or consideration paid to the former
County officer or employee'
y
(Signature) C, Marshall Whille, Vice Presidoot
D,qtaAprit.'30--2(115— - —
STATE: OF FLORID
G — 0 J N 1-Y OF SARASOTA
Subscribed and sworn to (or affirmed) before me on - April 30, 2015 ((fare)
by ZIblip.... - _ (name of affiant). Helylibe is personally known to me
as identification, (Type of
PUBLIC
KIM MCG Sit I
;a
ORRINAISSUNN 0 FF 031 12
COMPAISSUNN 0 FF203112
My commission expires: P111-al C
7
r
a I N
30AIDECI NNOUGH
ALI INSURANCE COMPANY
PROPOSAL FORM 0011 O-Page 24 of 207
KEY WEST LIGHT STATION RENOVATIONS
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
D. L. PORTER CONSTRUCTORS, INC.
(Name of Business)
I , Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition,
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
c1mg abuse violations.
3, (34tes 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 note contenders to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitatiorr program if such is available in the employee's community. or any
employee who is so convicted,
6 Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section,
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Proposer's Signature
April 30,_ 2015
Date
PROP OSAL FORM 001 10-Page 26 of 207
KEY WEST LIGHT STATION RENOVATIONS
LOCAL PREFERENCE FORM
A Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No
004-2015, must complete this form.
Name of Bidder/R.?spond.,r D. L, Porter Constructors, Inc. Date:
—AMLI 5
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one year p,ior to the notice of request for bids or proposals? Yes (Please furnish
copy,)
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County? Yes
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for bid or proposal.)
List Address 302 Southard St, Suite 209
Telephone Number: _. 305-293-293.1
S. Does the vendorlichirrie contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location'? Yes
if yes, please provide
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one year prior to the notice or request for bid or proposal
2. Subcontractor's physical business address within Monroe County from which the subcontractor
operates:
(The physical business address MLJSt be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for bids or proposals)
WMEMNEM
Address
Print Name: C, Marshall White, VP
Signature and Title of Autlionzed Signatory for
BidderfResponder
STATE OF FLORIDA
CI— ��A — COUNTY IMF J,�A Q A.
On this jQjb day of April 20_15_, before me, the undersigned notary public,
personally appeared Ma known Whi P known to me to be the person whose name is
subscribed above or as identification, and acknowledged that
Wshe is the person who executed the above Local Preference Form for the purposes therein contained
My co 3i 1alll&
X08(6111KIM MCGINN15 V&Wrk LITI 6,j
5SdON N F F 2 03 i W
lr
EXPIRES Feb 24, 2019 Notay, Public
BORDED THROUGH
*U ANSURANCE COMPANY
(Seal.) 6/1106711 I 1-11r) Illb
Print Name
PROPOSALFORES 00 110- Page 26 of 207
2014 / 2015
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2015
RECEIPT# 30140-60602
Business Name: D L PORTER CONSTRUCTORS INC
Owner Name: , GARY A LOEB QUALIFIER Business Location: NO
Mailing Address: KEY WEST, FL 33040
302 SOUTHARD ST STE 209 Business Phone: 941-929-9400
KEY WEST, FL 33040 Business Type: CONTRACTOR (GENERAL CONTRACTOR
CGC051066)
Employees 20
STATE LICENSE: CGCA51066
Tax Amount I Transfer Fee Sub -Total Penalty
I I Prior Years Collection Cost I Total Paid
50m 0.00 Som I om j 0.00 1 0.001 50.00
THIS BECOMES A TAX RECEIPT Denise D. Henriques, CyC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, RL 33041 YOU MUST MALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2015
Business Name: D L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602
Business Location: NO STY
Owner Name: GARYA LOER QUALIFIER KEY WEST, FL 33040
Mailing Address: Business Phone: 941-929-9400
302 SOUTHARD ST STE 209 Business Type: CONTRACTOR (GENERAL CONTRACTOR
KEY WEST, FL 33040 CGCO51066)
Employees 20
STATE LICENSE: CGCAS1066
Tax Amount
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KEY WEST LIGHT STATION RENOVATIONS
PUBLIC ENTITY CIUME STATEMENT
"A person or affiliate who has been placed oil 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 oil 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, inAy
not be awarded or perform work as a contractor, supplier, SUIbCO[ItTaCtOr, or CONTRACTOR under a
contract with any public entity, and may not transact business with all), public entity in excess of the
threshold arnount provided in Section 287,017, Florida Statutes, for CATEGORY TWO trir a period
ol'36 months from the date ol'being placed on the convicted vendor list."
I have read the above and state flult ,either D,L, PORTER CONSTRUCTORS, INC,/ C, MARSHALL WHITE
(Proposer's name) not- any Affiliate has been placed oil the convicted vendor list within the last 36
months.
(Signature) C. Marshall White, Vice President
Date-Apri.1 30,. 2015 -
sT,Vi,F 017- FLORIDA —
COUNTY OF: SARASOTA
SUbse ri bed and sworn to (or a Iffirmed) before Me on tile 30th day cat' April
20_1a, by C. Marshall While (name ofaffiant), lithise is personaliv known
to Me or bnvmoWxxRik(type of
identification) as lelentiN.ation.
COMMISSION 4 FF203112
PUBLIC
EXPIRES Feb 24, 2019
My col.pinission Expircs, arc 80NDE0 THROUGH
C RU DISURANCE CMPANY
NOTARY PUBLIC
PROPOSAL FORM 00 11 O-Page 27 of 207
Division
Subcontractor
Contact Person
Ph # w/area
Fax: Cell: Address
code
3 Concrete
D.L. Porter Constructors
Marshall White
(941) 929-9400
(941) 929-9500 6574 Palmer Park Cr, Sarasota, FL 34238
5 Metal Work
Alex Klahm Metal & Design
Alex Klahm
(727) 415-1674 15 8th St. N., St. Petersburg, FL 33701
7 Roofing
A -Plus Roofing of Key West, Inc
Vince Scardina
(305) 296-2568
1107 Key Plaza, Ste #317, Key West, FL 33040
7 Roofing
Vermont SlateWright
Rick Wright
(802) 375-5486
Arlington, Vermont
9 Painting
Razorback LLC
Anthony Houllis
(727) 938-9500
276 Knollwood Rd, Tarpon Spring, FL 34688
PROPOSAL FOR 001 10-Page 28 of 207
SECTION 00120
-"w ekYP 1 71
Insurance Checklis
FOR
Proposer
M MIT030 113079T, 11 Tearow.=6 A
;
0111110=!ffiffifli'MI I I I I 1111111iii;m��
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 4ND FORMS 00120-Page 29 1f 207
I IN WATIVI
SMEME=
• Premises Operations - Products and Completed Operations
• Blanket Contractual 0 Personal Injury
• Expanded Definition
of Property Damage
Required Limits;
GL1
GI-2 X
GI-3
GI-4
Required Endorsement:
GLXCU
M
=V#?TF#7,F7'?TT=, $T,1471A1A17CT'#;ccTrrencF
$200,000 Property Damage
or
q-300,000 Combined Single Limit
"I 1717717#1147L57#Tclrrence
$200,000 Property Damage
or
000,000 Combined Single Limit
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
;,- $ 111�111 Mubined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
INSURANCE REQUIREMENTS AND FORMS 00120-Page 30 of 207
Vehicle Liability
As a minimum, coverage should extend to liability for:
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
VL4 $5,000,000 Combined Single Limit
BRI X
Builders'
Limits equal to the
Risk
total cost of construction completed
project.
MVC
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment.
PROI
Professional
$ 300,000 per Occurrence/$
500,000Agg,
PR02
Liability
$ 500,000 per Occurrence/$ 1,000,000
Agg -
PR03
$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
Ag
POLg.
3
$5,000,000 per Occurrence/$10,000,000
M.
INSURANCE REQUIREMENTS AND FORMS 00120-Page 31 of 2(E
i f kT
D1
Employee
10,000
ED2
Dishonesty
$100,000
GK1
Garage
$ 300,000 ( 25,000 per Veh)
2
Keepers
500,000 ($100,000 per Veh)
GK3
$1,000,000 ($250,000 per Veh)
E1
Medical
300,000/$ 750,000 Agg.
MED2
Professional
$ 500,000/$ 1,000,000 Agg.
D3
1,000,000/$ 3,000,000 Agg.
5,000,000/$10,000,000 Agg.
IF
Installation
Maximum value of Equipment
Floater
Installed
VLP1
Hazardous
$ 300,000 (Requires MCS-90)
VLP2
Cargo
$ 500,000 (Requires MCS-90)
VLP3
Transporter
$1,000,000 (Requires MCS-90)
LL
Bailee Liab.
Maximum Value of County Property that
will be in the Bailee's possession.
HKL1
Hangarkeepers
$ 300,000
KL2
Liability
$ 500,000
L3
1,000,000
All
Aircraft
$ 1,000,000
AIR2
Liability
5,000,000
AI3
$50,000,000
AO1
Architects Errors
300,000 per Occurrence/$ 500,000
Agg.
AEO2
& Omissions
$ 500,000 per Occurrence/$1,000,000
Agg.
AO3
1,000,000 per Occurrence/3,000,000
Agg.
EO1
Engineers Errors
300,000 per Occurrence/$ 500,000
Agg.
EO2
& Omissions
500,000 per Occurrence/1,000,000
Agg .
O3
1,000,000 per Occurrence/3,000,000
INSURANCE REQUIREMENTS s FORMS i Pag o
WORKER&COMPENSATION
INSURANCE REQUIREMENTS
FOR
BETWEEN
MONROE COUNTY, FLORIDA
AND
Ht" L�Ulll Ul 011C11
obtain Workers' Compensation Insurance with limits sufficient to respond to the
2pplicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of no)
less than:
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self -insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
1 0
Or. I C-1 I I Me I km IM as Elfir-All I Ito Ito i GLOM BOO I I, lZmElpla an I By-
�&*Lejllfil
INSURANCE REQUIREMENTS AND FORMS 00 1 20-Page 33 of 2CE
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: KEY WEST LIGHT STATION RENOVATIONS
BETWEEN
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
$300,000 per Person;
$500,000 per Occurrence
$200,000 Property Damage
or
$500.000 C 1110
VA1117 101ST-A
M
INSURANCE REQUIREMENTS AND FORMS 00120-Page 34 of 2(E
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: KEY WEST LIGHT STATION RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed •, this contract requires the use • vehicles, the
Contractor, prior to the commencement of • shall obtain Vehicle Liability Insurance -
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
I I I I I • op- - •
as Now a- •
so am a — -If
MEMEMN
&A
lyfflmyr-mml
INSURANCE REQUIREMENTS AND FORMS 00120-Page 35 of 2(s
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT: KEY WEST LIGHT STATION RENOVA'I IONS
BETWEEN
MON C
The Contractor shall be required to purchase and maintain, throughout the life of the
contract, and until the project is accepted by the County, Builder's Risk Insurance on ar,
All Risk of Loss form. Coverage shall include:
Theft
Aircraft
Windstorm
Vehicles
Hail
Smoke
Explosion
Fire
Riot
Collapse
Civil Commotion
Flood
JJTf AT(J�V* GOTerag;v
shall be irovided on a completed value basis.
Property located on the construction premises, which is intended to become a
permanent part of the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior tit
completion without effecting the coverage.
The fflonroe County Board of County Commissioners shall be named as Additional —
Insured and Loss Payee.
n-1-1a
IRS#RARCE REQVREMENTS AND FORMS 001 20-Page 36 of 2Q
wiiq�g 121 N Is]= BKOM 1 Vall All =11;11111*�, 0
W�mm
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Statutory Limits
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease Policy Limits
$500,000 Bodily Injury by Disease, each employee
or
$300,000 per Person
$500,000 per Occurrence
$200,000 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
MITUN,
Or
M ATM
3 r4i
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 willful misconduct of
Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any
of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
r-121101 LINAWHIM9 M-1110WH w WRMIRTAL4 M41A
lNSURANCE REQUIREMENTS AND FORMS 00 1 20-Page 37 of 207
KEY WEST LIGHT STATION RENOVATIONS
warrants that the Cortractor shall hold the County harmless and shall indemnity it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf,
The first ton dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above,
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. I fully accept the indemnification and hold harmless as set out on page
00110-12 of this proposal,
131, PORTER CONSTRUCTORS, INC
Signature c Marshall White, VIP
INSURANCE REQUIREMENTS AND FORMS 00 120- Page 38 of 207
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above, The followi
deductibles apply to the corresponding policy, I
POLICY
WC208074503
103GL000333601
CA20583610701
Liability policies Xem�re Occurrence
Bouchard Insurance
Insurance Agency
OEDUCTBLEB
N/A
N/A
Claims Made
Sign;Tt re
INSURANCE REQUIREMENTS AND FORMS 00120-Page 39 of 207
INWAFIM
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above, The followint
deductibles apply to the corresponding policy.
POLICY
Builders Risk
x
Liability policies are Occurrence
Bouchard Insurance
MEMEE= W
Fq—n at u re
Claims M
INSURANCE REQUIREMENTS AND FORMS 00 1 20-Page 39 of 207
0
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
LCGCA5106�6
Er, -(A 5 10
The GENE-RAI. CONTRACTOR
Nampd below IS CERTIFIED
Under the proviisions of Chapter 489 FS,
Expiration dates AUG 31, 2016
LOER. GARY AI -AN
D L PORTER CONSTRUCMRS INC
6574 PALMER PARK CIRCLE
SARA8o-rA FL 34238
ISSUED: W31/2014 DISPLAYAS REQUIRED BY LAW
Z015 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P98000042047
Entity Name: D. L. PORTER CONSTRUCTORS, INC.
Current Principal Place of Business:
6574 PALMER PARK SIR
SARASOTA, FL 34238
6574 PALMER PARK CIR
SARASOTA, FL 34238
FEI Number: 65-0848440
WHITE, C. MARSHALL
6574 PALMER PARK CIRCLE
SARASOTA, FL 34238 US
FILED
Mar 12, 2015
............ .......
The above named snilly submits this statement for the purpose of changing its registered ofthm, or registered agent, or both, in the State of Florida
SIGNATURE:
Electronic Signature of Registered Agent
Date
Officer/Director
Detail
Title
VP
Title
P
Name
WHITE, C, MARSHALL
Name
LCER, GARY A
Address
6574 PALMER PARK DID
Address
6574 PALMER PARK CIR
City -State -Zip:
SARASOTA FL 34238
City -State -Zip:
SARASOTA FL 34238
Title
S
Title
T
Name
JEWELL, PAULETTE
Name
WHITE, C. MARSHALL
Address
6574 PALMER PARK CIRCLE
Address
6574 PALMER PARK CIRCLE
City -State -Zip:
SARASOTA FL 34238
City -State -Zip:
SARASOTA FL 34238
I hereby certify that thammanaffou indicated on this amed or supplemental report is true and accurate and that my electronic signature shall have the same legal affect as If made under
oath; that I am an officer or banner of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, oran an attachment with so amorous empowered.
SIGNATURE'PAULETT'E JEWELL CORP. SECRETARY 03/12/2015
Electronic Signature of Signing Officer/Director Detail Date
RELEVANT EXPERIENCE
KEY WEST LIGHT STATION RENOVATION
ADA Compliance Se meat #'s I & 2
32 Monroe County Public Facilities
* Monroe County, FL ($673,203)
Aids Memorial Addition
Granite Memorial Bench
* Key West, FL ($159,000)
American Legion Hall Renovation
* Key West, FL ($250,985)
Ash Transfer Center
* Key West ($854,041)
Big, Coppitt Fire Facility
* Big CoppittKey, FI, ($1,043,000)
Bun ueb us Ferri Terminal
* Key West, FL ($2,261,997)
Courthouse Annex Renovation
* Key West, FL ($584,484)
Crawl Key Fire TraininL, Addition
* Crawl Key, FL ($54,860)
Department of Homeland Security
* Key West, FL ($2,545,711)
FI, Keys Mosquito Control Haniza
* Key West, FL ($7,545,222)
OWNER / ARCIRTECT
Monroe County Board of Cty Commissioners
K2M Design
Key West, Ft.
Monroe County Board of Cty Commissioners
mbi-k2m Architecture, Inc.
Key West, FL
William Weech American Legion Post 168
Bender & Assoc., Architects
Key West, FL
City of Key West
Key West, FL
Mon -roe County Board of Cty Commissioners
Morrison/Knudsen Gerrits
Key West, FL
City of Key West
Peter Pike & Associates
Key West, FL
Monroe County Board of Cry Commissioners
Gonzalez Architects
Key West, FI,
Monroe County Board of Cry Commissioners
Key West, FL
Key West GSA, LLC
Tampa, FL
RMJ Architects
Tampa, FL
FL Keys Mosquito Control District
Thomas E. Pope, P.A.
Key West, FL
H=
Foil Village & Robert Gabriel Housing
Complex (Doors & Windows Replacement)
12 Bldgs
* Key West, FL ($570,453)
Freeman ,lustier Center Dt-uf-,, Court
Renovations
* Key West, FL ($512,998)
Cato 13141g. L uteriot- Renovation
Key West, FL ($1,812,444)
Gato Bldg. Exterior• Restoration
(Historic Preservation)
* Key West, FL ($4,027,200)
Hjj,3rjZs Beach Playground, Phase I
* Key West, FL ($218,025)
Kev West Bialit. Public Rcsti-oorns
* Key West, FL ($246,000)
West Fit-c Station #2
* Key West, FL ($6,326,650)
Housing Authority of the City of Key West
Key West, FL
Monroe County Board of Cty Commissioners
Currie Sowards Aguilla Arch.
Delray Beach, FL
Florida Department of Health
Bender & Assoc., Architects
Key West, FL
Monroe County Board of Cry Commissioners
Bender & Assoc., Architects
Key West, FL
Monroe County Board of Cry Commissioners
William P. Horn Architect
Key West, FL
City of Key West
Gonzalez Architects
Key West, 171,
City of Key West
rnbi I k2m Architecture Inc.
Key West, FL
Kev West International Air xort Monroe County Board of Cty Commissioners
Baggage Claim Hall Renovations Key West, FL
Jacobs
Key West, FL ($1,044,404) Miami, FL
Key West Inter -national Airport Monroe County Board of Cry Commissioners
Han,gai- Development, Taxiways & Aprons Key West, FL
* Key West, FL ($3,43 1,000)
Kev West International Airnoi't
Addition & Renovation
* Key West, FI, ($3,629,050)
Kev West International Airport
Generator w[Building
* Key West, FL ($270,650)
Kev West International Airport
Miscellancoas Improvements
* Key West, FL ($198,000)
URS Corporation
Miami, FL
Monroe County Board of Cry Commissioners
Key West, FL
Gonzalez Architects
Key West, Ff.
Monroe County Board of Cty Commissioners
Key West, FL
URS Corporation
Miami, FL
Monroe County Board of Cry Commissioners
Key West, FL
URS Corporation
Miami, FL
Lester BuildinLp Enclosure Monroe County Board of Cry Commissioners
Gonzalez Architects
Key West, FL ($319,796) Key West, FL
Little Hamaca Park City of Key West
Key West, FL
Key West, Fl. ($149,780)
Nlalloi]E Square Restroom City of Key West
Gonzalez Architects
Key West, Fl. ($224,173) Key West, Fl,
Mallory Square Seawall & Plaza City of Key West
and SculNure Garden Gonzalez Architects
* Key West, FL ($2,900,000) Key West, FL
Marathou Airport Sheriff's Hangar Monroe County Sheriffs Office
Simulator Classroom Monroe County Board of Cty Commissioners
* Marathon, FL ($103,779) Marathon, FL
Manatee County Detention Facility Manatee County Board of Cry Commissioners
Centex Rooney Constr. Co.
Port Manatee, FL ($3,480,000) Lake City, FLP
Marathon Diesel General Florida Keys Electric Coop
Generaling Plant Marathon, FL
* Marathon, FL ($862,000)
Marathon Hangar Building Mon -roe County Board of Cry Commissioners
Key West, FL
Marathon Key, FL ($374,980) Rosenblatt-Naoeri Associates
Surnmerland Key, Fl,
Monroe Countv Detention Monroe County Board of Cry Commissioners
Facifity-Kev West Key West, FL
* Concrete Pkg. ($1,071,286) Morrison-Knudsen/Gerrits
* Masonry Pkg. ($1,079,555) Construction Managers
Monroe Countv Detention Monroe County Board of Cry Commissioners
Facility -Foundation PkLy. Key West, Fl,
Hansen Lind Meyer
Key West, F11 ($506,103) Orlando, FL
Monroe County Detention Monroe County Board of Cry Commissioners
Sheriffs Headquarters Morrison-Knudsen Gerrits
Key West, FL
Key West, FL ($3,472,000)
Monroe Countv Library Monroe County Board of Cry Commissioners
Thomas E. Pope, AIA
Key West, FL ($652,773) Key West, FL
Monroe County Public Set -vice Facility
Asbestos Abatement Demolition
Key West, FL ($429,339)
Monroe County Sheriffs Hangar
Marathon Airvor
* Marathon, FL ($1,569,414)
Monroe Sheriffs Substation &
Tax Collector's Offices
* Marathon, FL ($733 ),000)
Naval Air Station
Repairs & Alterations A-149
* Key West, FL ($113,700)
Naval Air Station
Addition to BI(Ig A 10 19
* Key West, FL ($120,806)
Naval Air Station -Indoor
Racquetball Courts
* Key West, FL ($142,715)
Old Mariner's Hospital Renovation
Plantation Kev Sheriff's Substation
* Key West, FL ($3,015,400)
Park and Ride Pa rhing Gat -age
* Key West, FL ($3,597,557)
Public Service Facility
Fire Station #1 Phase L
* Key West, FL ($2,027,000)
Public Service Facility
Police Station — Phase 11
* Key West, FL ($4,230,038)
Retail Store Expansion
201 William St.
* Key West, FL ($122,796)
Roof Canopy at SWTE
* Key West, FL ($82,025)
Monroe County Board of Cry Commissioners
Key West, FL
Monroe County Board of Cry Commissioners
URS Corporation
Miami, FL
Monroe County Board of Cry Commissioners
Bender & Associates Architect
Key West, FL
United States Navy-SOUTHDIV
Key West, FL
United States Navy-SOUTHDFV
Key West, FL
United States Navy -SOUL HDIV
Key West, FL
Monroe County Board of Cry Commissioners
Bender & Associates Architect
Key West, FL
City of Key West
Key West, FL
City of Key West
Key West, FL
Gonzalez Architects
Key West, FL
City of Key West
Key West, FL
Gonzalez Architects
Savannah, GA
City of Key West
Key West, FL
Peter Pike Architect
Key West, FL
City of Key West
CH2M Hill, Architect
Gainesville, FL
Senior Citizens Plaza Concrete Repair
* Key West, FL ($7,841,206)
West Martello Public Restrooms-
* Key West, FL ($159,900)
Housing Authority of the City of Key West
Wiss, Jenney, Elstner Assoc.
Northbrook, IL
Monroe County Board of Cry Commissioners
Key West, FL
William P. Hom Architect
Key West, FL
I
01. Porter
19. 6. � *'<-
Innovation on a Solid Foundation
Monroe County Board of County Commissioners
rpis Purchasing 1)epamrew
11 Simonton St., Room 1-213
Key West, FL 33040
RE: Key West Light Station Renovatnms
Litigation Summary
Ds Porter Commodore, Inc. hereby ask riowledges that it had a pending
litigation with the Florida Keys Moaq ti i I o Control District, however, that issue has
been resolved at a recent mediation and has received district approval,
CMarshall White, Vice President
6574 Palmer Park Orda, Sarasota, Florida 34238 [ Offl(e (941) 979-9400 Fax (941) 929-9500
dmoriet.com
CUSTOMER REFERENCES
Name Address Phone
City of Key West 3140 Hagler Ave. 305-809-3943
,ATTN- Terrence Justice Key West, FL 33040
El Rancho Motel 830 Truman Ave, 305-304-8140
ATTN: Tajas Som Key West, FL 33040 1
Gonzalez Architects 32 E. Bay St, 912-201-9888
ATTN: Jose Gonzalez IS avannah, GA 31401
�Bender & Associates 410 Angela St. —'-3505-296-1347
ATTN: Bert Bender Key West, FL 33040 1 .1
CREDIT REFERENCES
Name Address Phone
Power Air Conditioning, Inc. 1525 N. Osprey Ave. 941-362-8801
ATTN: Bob Castiglione Sarasota, FL 34236
Florida Keys Electric, Inc. 5730 2nd Ave, 305-296-4028
AT TM [�ayrnond Vazquez Key West, FL 33040 1
�3C Construction Corporation 3601 NW 55 St., Suite 201 305-638-5511
ATTN: Orlando Casaric)o Miami, FL 33142
Douglas H. Kresge LLC 1915 1 Ith St, 941-376-1580
ATTN: Doug Kresge Sarasota, FL 34236
--- ------ -----
An AFMW
zr6mnuwoodnd,°TapmnSpring, pi.3468D'Phone: r27-938-gSOQ^Fax027)9]70526°xazorbaokuC@yGmaU,cnm
18.E.h
Coating Certification Attached for:
AnthonyHomUis. President
[erts:
o Coating Application Specialist Level 2Full Status
o C-3 Supervisor/ Competent Person Training for Deleading of Industrial Structures
o Quality Control Supervisor (CCS)
o NSC First Aid, CPR, AEQ
o GHS and OSHA Hazardous Communication
o Protective Coating Inspector
| o (}sha30
|
3e|vinMjano. Foreman/ Quality Control Inspector
|
Protective Coating Inspector Certified
/0radyCo|train Quality Control Inspector
/
/ Bridge Coating Inspector Certified
2015
Prime Contractor: Razorback LLC
Architect: Ken Smith Architects
Kenneth R. Smith.FAIA
KENNETHSMITH ARCHITECTS, INC.
8301 Cypress Plaza Drive, Suite No. 200
Jacksonville, Florida 32256
Telephone: J904)_281-0002
Fax: (904) 281-0990
Owner: St. Augustine Lighthouse and Museum Inc.
Deputy Director - Operations
81 Lighthouse Avenue
Saint Augustine, Florida 32080
(904) 829-0745, Ext 219, email: rcainCa),statigustinclip_hthouse.or
ivii)iv..vfaiijZusiii?eli�hihoi.e,ve-o)
St. Augustine Lighthouse painting and metal restoration I
This project consisted of abrasive blasting non ferrous metal surfaces to meet the requirements of SSPC SP-6 and
application of a 4 coat system. The coating manufacture was Tnemec and coatings applied where zinc, epoxy, urethane,
flonorar. Masonry to be low pressure water washed and coated. I
2013
Prime Contractor: Razorback LLC
Architect/ Engineer: Arnold Saunders Engineering
Arnold/Sanders Consulting Engineers, Inc.
12651 McGregor Blvd., Suite 103
�Fort Myers, FL 33919
(Work) 239-267-3666
(Fax) 239-267-2771
(e-mail) i-icliat-dO4[6yLa�,-,inaii.coiii
Owner: City of Sanibel, FL
Scott Krawczuk
Deputy Public Works Director
800 Dunlop Road
Sanibel, FL 33957
Office 239-472-6397
Cell 239-770-2554
Sanibel Lighthouse Restoration
This project consisted of extensive metal repair/replacement, and a new interior and exterior coating. Exterior
metal was abrasive blasted and coated with two coats of epoxy and one coat of urethane.
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4/2=15
A -Plus Roofing of Key West— Welcome
Welcome
A -Plus Roofing of Key West has over 30 years of
professional experience repairing, installing, and
maintaining all types of roofs in the Florida Keys
area. We specialize in metal roofs for residential and
commercial applications and also have expertise with
standard roofing types and materials. Our staff has
been fortunate enough to work on a variety of
challenging projects and have consistently proven that
A -Plus Roofing of Key West is fully capable of
handling any job, big or small.
A -Plus Roofing of Key West repairs, installs, and maintains all types of roofing structures and
materials including the following -
Metal
• Thermoplastic
• PVC Single Ply
• Asphalt
Fiberglass
m Standing Seam
V-Crimp
... and More!
A -Plus Rooting of Key West has been successfitlly performing professional roofing service to the
residential and commercial communities of the Florida Keys, from Key West to Marathon, since
1988. In that time we have built a well=known reputation for providing top-quality craftsmanship,
on -time completions and maintaining a high level of ethical conduct on and off job sites.
We thank ,you for your interest in our services and look forward to hearing from you soon.
Contact us today with any of your roofing questions or to schedule an appointment for a free
estimate. We are committed to protecting your privacy. The information you enter on our site
is held in confidence between you and us. We do not sell, trade, or rent your personal
information to others. This privacy statement discloses how the information you provided is
used and protected.
A -Plus Roofing of Key West
Fully Insured
State Licensed Contractor
CC#C058008
httpJlaousroofingkeywest.00m/apagetpdrdv/24635.php Ill
ISSUE DATE 2015/04/29
Here is a short version of a long list of historic buildings we have replaced or repaired the roof systems.
1. Cornish Memorial AME Zion Church,
702 Whitehead St.
2. Bethel AME Church
223 Truman Ave,
3. St. Pauls Episcopal Church
401 Duval St.
4. Key West United Methodist Church ( Old Stone Church )
600 Eaton St.
5. Oldest House Museum
322 Duval St.
6. Hemingway House Museum
907 Whitehead St.
We have been in business in Key West since 1988. In that time we have installed many historic roof sys-
tems. We strive to be historically correct in the installation of these roof systems.
We work with Rick Wright of Vermont slatewright company in Vermont. His website is
www.slateroofer.com and his email is rick@slateroofer_com . He is also very experienced with copper systems
soldering and sweat lap work.
Sincerely;
Vincent A Scardina V.P.
(305) 296-2568 ... 1107 Key Plaza # 317 — Key West, FL. 33040 — CCCO58008
TmS ESTIMATE WILL EXPIRE 30 DAYS AFTER THE ISSUE DATE
CREDIT CARDS ACCEPTED wTrH A 3% PAY-I6Y-P'CIONE OPTION
412812015 St. Petersburg metalsmilh makes lighthouses his specialty I Tampa Bay Times
ainva Rip ; ' ie ici
i`u�,ui4 wlisnt�ua air we�Irn;I ri°;tr rn r urcwwrt" i
St. Petersburg metalsmith makes lighthouses his specialty
o U Katherine Snow Smith, limes Staff writer
SaturlWr, AUgiNI L, 21011 7:30nni
-. ,...m....,.�.
Alex Khihm,a St. PCtCrSbUrg meta Israith, tlavels War1ing IOU or more feet
above seals and crashbvg wave; at seine td the must picturesque spots in --ijneneu. Not a had gig cvaside.nng this
is his f illhack during the sagging economy.
f p
"Five year:, agoevemihing eami., to a sereceking h;di,' said Klaltm, who created the sculptures of sea life on the i
%qlkway between the BayW31k parting garage and retail center. "Because the etononq ttKrk away a lot of the p u
architectural design work we used to do, this is what we do nrn+• to pay the• bills.'
G
Since Alec Mahon Arctitrctural Metal and l3esign started in 198.1, the oe.c"nsinnnl repair of 2 Florida lighthouse
accuunted for 3o percent ofhusiness. But in the post lve years, Kluhm has sought contracts across the country
and lighthouses nrnr make up go percent of ills work. d�
Though Klahni and hLc one employee. are working on an iniricatc, 120-10011-l(Ingslair railing thra 33,000-square- M%AIi
a
flout private hwni! gairg up in Naples, the $8o,txw reaidential eontracr is rare these daysknd as the nation's �b� r d II tR
2,000 lighthouses age, there is groahng demend for metalworkers with a history ld fixing them. Fie has ere3lc,t """" "� "-j°'�" °w
and replaced spiral stairs, rniIings, supports, glass prisms or lightning protection in more than 3o lighthouses.
Mims where he has worked and lived for three to six months III a I line include'lybee Island. Ga., Yaquina I lead,
Ore., Montauk, N.Y., Biloxi, Mivs_, Paint Sur, Calif, and Cape Hatteras, N.C.
"It's interesting 11COM c tile ,1 a al,vays in the most heaulitiil places in lite world," Klahm said. "When you're on
tap of a lighlholase. dim there is nobody around for Miles you look down and you ciulld he bock in 187-,i."
lie usuallystays in A oMlstruction trailer next to the lighthouse and may work alone or with a team of contructors
dedicated tri various pals ofa restoration. Cuntraets'ot• the metalwork Alone range from S;io,000 to nitre than
St million,
`They are. aRwnys g/vnR to need maintenance. t.ighlho:rses are nodiltei ent than a shRy at sea axpoevd to the
elements," said Jim Gabbert, a historian ivitli the National Park Servxv in Washington, D.C. More than 60a
lighthouses are designated 10%-orie be ruse they are more than so years old.
The Const Guard still owns must of the lighihrnuses, Gabbert said. Since 1994, however. mote than 6o that nrcr no longer needed for naviptiom have been given to slnle or level
go verninCnts or nunpmht yToups.
"Some arc sold at auction" to private owners, Gabber) said. "they sell for Si 5.noo to hundredsand hundn ds of thokimi-08 ofdollars.'
Ifyou're not in the market to own a lighthuuse of renovate one but are taken with the idea. a few allowrnrrnight guests.
Gritty work
The hxrle,;of Klnhm'sisork may he rotrianlie, bill the work itself is far Croon pretty_
"We get np everi dny end we get cut and burned typically. We ,.ark nith things that have runes that don't do any gored for your lungs," he said. Hv'a pleased that his emultnee, J,R,
"ico, is so talented because the nunibet ofinelalsmiths i�; dwindling.
Unlike many prolt:actinn prncrsse_s that have hecume easier with cornputcriraliun, metalwork is still n harAs-onjoll uirh hol and polenriaky dangers is equipment. But pith electricity
and cranes it is easier today than when most uflhese l ollbouseswere first eunstrucied.
"Sometimes when you try to duplicate what these master erafttimen have dune YOU think it can't be done, but there it i.,.'Ihey dirt it with a hammer and anvil and fire," Klahm mW
Wind, at the top of,i lighthrnidecon reach 65 mph. Usually a scaffolding is hullo around the structures with fabric hnngirgon the outside so worker~ arc Mocked fi'om the elements.
'dirty wear safety harnesses in case Df a misstep.
Tlieu there are the stairs -too or more of them. Klahm and "imeat a lot ofbnnnnas heravise potassium hells pre: enl leg cramps.
"You lvpieally gel to th^ top mail you i eabee yogi ve forgotten soniething," Klaltnl e�tid, loughing. "ion a perfect dny you go up once with a rmler wish lour %indw•ech in it. Most Often is
to times, then you stop counting because it's too depmssirik."
Reach Katherine Snow Smith at (727) 893-8785 or 9 smith@tsl�thnes,cont,
St. Petersburg motalsmith makes lighthouses his Wclalty 08106111
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Elbow Reel Lighthouse Repairs Assessed by Experts
VWiftn by: Mirella San4lho
16 Oct, 2014
AbovP left lo rV4' Arx Kfahm,.Jackson Raftli, ILafy K"on and,Ann* Pan&
Arne Potb.u,accio nipw'riedbyAlex Ktahm, arinved w Marsh Harlluovron OctobwO Theycontkiued onto
Hope Town, whe* Mey assessed repaks to H-we Elbow Reef IL..fglhklwuuse and rrr�twfflw officer's. of flue Etbow
Reef Lighthatme Socu,,Ay to share ttmr findmgs fpW POrls is the US Cooirdlnalo, for the Obow Reef
Ught1nouse Society, W, Klahinn is wfth AirchiteckuW hlleW and Cifisign hic, and ii a spec iabst in ieMoring
metal hi0o6qal rsiruclure,a
ku,.10, salt -air and ewe have, taken their Wit arr the A 50 year oid hq.hMoLAe
,As lhpy arflved rat hhe brims of the old struduip, n i thr moming "0's Pntfn a r'd MIKiahm
dMmpdlajeiy Pxmrvined the aground to orxazp ihe t qrve-Nnp'j rod, lnhoch seemed I* be discorrAe ecl, d and to
check. the paint th3lwaz peeting Mi over ihe buil1ing
Tie of 2008 Accord kit; *.) W Mahm, the type Op a trO used dk% nor allinve line wnfis to
brn,mh A Arneww*uwrAild have laeerf bener,
The r.wo expertsoofs )Qlned loyJarkson SlaW'i, who had aiready pedornied wo&. on [he 49?ffliausel
rlianpnq soirrie oftho glass parres in 20 f 2,
As they ascfmdedthe 121 Meps to 1he kanbern mrn, the group slopped at regular intervals lo assess Ois
coauskan and possmWe cor*tructan anomarbes lhat couid be dangerous, fols, PuHt ., raficbd an aflerAfg, whe
ruinWng along a keirus.fino hine. Pre two Hneq wilthave to be separated
At the too of the stilrs, a heavy slat) of slate has been dislodged. Mr Klahnn pr000sed to dean it and re,
position it in its original place. in the watch room the ventilalors that have been sealed by coats of paint
should be reopened for proper ventilation. The unalal under, flooding or ihe floor grills has been badly
damaged by corrosion, however Mr. Klahm did not think it an area of concern whether shuclutal or esthetic
April 2015
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http:lMww.theabscorian.com/2014110116/elbow-reLf-Iighffmse-repairs-assessedby-expertsJ 114
4/28/2015 Elbow Reef Lghtfwuse Repairs Assessed by Expert:
The condition oflhe metal roof was (teemed much more important .As they sleppcd out through lice small
moor in the outside gallery, they noticed d was hadly rusted The metal will have to ne sandblasted and
repainted, induding Ine finials an tre -,ailing, one of which could to,, he remnstructed with a ktarou-m paste,
Armed with portable ladders ano a harness, the % Klah:m decided to climb Ic the upper gallery to check the
gutters and roof, Ms Ports Mr Blatch and k1s Kenyon, the Executive DI rector af the Elbow Reef LlgnIhouso.
Society who had joined the group, squeezed throl:gh the opening lending to that gallery The ladder and trap
door leading to the gallery had heen remo",d in Ine past,
As they went around the building checking toot, gutters and grounding system, Alex Klahm informed his
colleagues of hls findings Some of the bolts holding the gutters were badly rusted and will nave to be,
replaced Past or the roofbes to be fixed with rretal platei Ih2! w�tl have lobe hohed to reinforce it, fie
mentioned that the lightning rod had to he connected all the way down to the earth
Rack inside. the !hree restoration analysts then climbed Into the lantern room surere Ms Parts noticed
cracked glass panels. By then, Kona, Ms. Kenyon s Australian Gallle Dog who had heen patiently waiting at
the bottom of the last flight of sla05 decided to jar them upstairs Climbing up was easy, but she did not
enjoy the way down,
rite assessment to the upper part of the lighthouse included Ore following
- Bolt down metal plates to the i oof and change rusted colts Io goiters and roof.
- Fnsure that the I:ghtnin.g fod was properly connected.
- Re -install the permanent ladder and a proper trapdoor
- Rensove the door to the outside gallery, lumica',e it and put itback,
- Instali, additional security posts to Itw-- batuslrade
- Replace the cracked glass panels
- CIHan and raoliue IhY db:.irlaced door- slab
possible additional repairs included:
- Install grill on the windows
- Sandblast and repaint the entire lighthouse
It was close to noon when the group finally exited the lighthouse. Lunch at Captain Jack's seemed like a
good idea to rest and furher discuss some of the tindirigs,
A complete report on the assessment of the repairs needed to give t u, Ilghthause a new (ease on ilfe was to
be presented to the Llbow Reef Preservation society and to Interested Hope Town residents at a meeting.
The lighthouse is one oftho few remaining light stations n the world In he manually operated and the only
one to he hand turned and kerosene fueled It is operated by two keepers, Jefhey Forbes and Nis Parker
who nightly light he 100 year old turner and hand -crank up Ole counterweights which power the turning
machinery
Tills is done totally without the use o`electncity - iike it has been for 150 years,
What Do You Think?
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rnawt.,.
w Also post on I-4ceboot, Posting as
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Trinity College, Cambridge
L, �a:tile it <10 1 lofoniohve %,rticle a!50ut II II i_oow bu,io iq pt Abacc
October 17, 2014 at 12t35pm
...., Famitock social phaa ..... ..
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Lighltxiuses@Lighthouse Digest ... Currituck Beach Ughthoame Ironwork Restoration
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By Lloyd D. Childers
Just how safe is it to walk through the
iron doors onto the lighthouse gallery
and stand on the open iron deck 150
feet above the ground? Are the railings
securely anchored? Could you be
injured by pieces of falling metal from
the lantern room deck above? Few of
the 185,000 annual visitors who climb
North Carolina's Currituck Beach
Lighthouse ask these questions but
Outer Banks Conservationists, Inc_
(OBC), the nonprofit group that leases
the tower from the U.S. Coast Guard,
takes them very seriously_
To find answers OBC gathered a team
of experts to perform a detailed
inspection of the Ironwork atop the
Currituck Beach Lighthouse, espo-ecially
the iron brackets beneath the galer+y
decking. A visual inspection of the
ironwork frorn the gallery deck revealed
some corrosion, but a closer look at
existing condition;; below the deck was
necessary to prepare an appropriate scope of work and cost estirriates for the
jolb. 'The group consisted of International Chlrviney Corporation, Inc,(ICC),
scaffo'dang experts, Alex IKlarim, architectural metalwork designer• and Cullen
Chambers, a lighthouse preservalion consultant who has been Involved in
restoirations at Key West, St. AL9UStlne and Tybee Island lighthouses..
The upshot of the inspection was a
project description including structural
and safety enhancements on the gallery
deck, handrails, brackets, and bek
course system to allow the area to
remain safe for vdsitation and prevent
potential hazards to onlookers below. In
r addition, OBC decided to complete
repairs to the roof. exterior of the
lantern room, lantern deck and associated ventilation system. Also, the
temporary Plexiglas panels at the service rooms windows were replaced with
reproductions of the original wooden windows, The $400 000 project was
estimated to take eight -weeks, however delays in obtalning castings from the
foundry extended the project to approximately 12 weeks.
The selected contractor, International Chimney, movers of the Hatteras
Lighthouse, began erecting the scaffolding on November 1, 1999. Once in place,
the entire gallery hand rail and post system was match marked, dis-assembled,
and lowered to grade for re -work by Alex Klahm. In addition, Klahm designed
and constructed splice plates to bridge over existing cracks in the brackets. Also,
the existing cornice hanging down below the gallery deck edge was carefully
removed, recast, and reinstalled. At the very end of the brackets, hollow
hexagon chambers, which showed significant signs of deterioration were
ground away from the main porilon of the brackets, recast and later reinstalled.
Other work consisted of removing and replicating the exterior door to the gallery
deck After removals were completed neltinq was placed from the outside of the
scaffolding platform to the underside of the gallery deck to offer a degree of
http.//wrvw.lighMmsedigest.cam4)igest/StoryPage.ekn?SturyKey=696 112
4128l2015 LyMhousseQUghdtouse Digest ... Currftuck Bead) Lightlnuse Ironwork Restoreaon
screening from the wind and fad',tate eardblaating containment. A giant vacuum
machine Collected debris from the sandblasting.
VWile waiting for parts from the foundry In Florida, the gallery deck, brackets
and associated Ironwork were weterbiastad to remove chlorides, and
sandblasted in segments, allowing for ont/ as much surface prop to be
performed as could be prime painted the same day. To approach average
member IhIGlnoss severey corroded bradretaware back -filed wlih Sectors
super Metal, a titanium based epoxy putty. Areas of light corrosion or pitting
were simply primed antl painted. Other work consisted o` water testing the roof
and alriatn wall "tem. Gearing the vent of all Insect nests, dirt acumulstidns,
etc.. and cleaning and Coating the surfaces, The lens was carefWy protected
during these procedures. Cornice places below the roof were removed and re•
fabrleated by Alex Klahm, and minor roof repairs were performed. On the
Interior of the lantern room, the slide plate vents in the NII of the curtain wall
were stripped, neutralized and coated with a moisture wed urethane topcoat.
Crooked and deteriorated masonry on the Interior of the service room wall was
repo'nted. Assembly of new pans began with the installation of the hollow
hexagon clambers. New stainless steal connecting fads ware installed from the
Adorn nut through the hdlldw hexagon chambers and galery deck into that
gallery handrail posts. Reworked and new handrail sections were rotted to
between the deft poste and attached with new stainless steel hardware.
The lighthouse is scheduled to open for the 2000 season on April 1. For
additional Information on the project, call Lloyd Childers, keeper, at 252-4g1-
8152 (M•F). Feel free to leave a message.
More ledtnlcal questions may be addressed to Joe Jakublk of International
Chimney at 1.800-828-1446 or Alex Ktehm at 727-898-9999.
By Lloyd D. Childers.
Exaculive DlrectorrLlghthouse Keeper
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