Item F18 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2014 Division: — Public Works/Engineering
Bulk Item: Yes X No — Department: Project Management
Staff Contact Person/Phone#- Kevin Wilson X8797
AGENDA ITEM WORDING: Approval of a contract with Burke Construction Group, Inc. for the
Acoustic Renovations at the Freeman Justice Center. This project is funded through the one-cent
infrastructure tax
ITEM BACKGROUND: On-going complaints of unsatisfactory acoustical conditions in all the
courtrooms at the Freeman Justice Center led to an acoustical study and design for improvements. On
October 14, 2014 proposals were received from two contractors to implement the improvements with
Burke Construction Group, Inc. submitting the lower of the two proposals.
PREVIOUS RELEVANT BOCC ACTION: On 01/19/11 the BOCC approved an Agreement with
Edward Dugger & Associates, P.A. for an Acoustic Study in the Courtrooms at the Freeman Justice
Center. On April 16, 2014 the BOCC approved a contract with Currie Sowards Aguila Architects to
provide professional services for the implementation of improvements of the acoustics.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $149,305.00 INDIRECT COST: NIA BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: tLIA
COST TO COUNTY: $149305.00 SOURCE OF FUNDS: Fund 304
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
90("
APPROVED BY: County Atty OMB/Purgiasg L/ Risk Management
DOCUMENTATION: Included X Not Required.
DISPOSITION: AGENDA ITEM
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
M
Contract with: Burke Construction Contract 0
Effective Date: 11/19/14
Expiration Date:
Contract Purpoae/Description:
To im lemeat acoustic renovations at the Freemaa Justice Center
Contract Manager: Ann Ri er X4439 Project MaWStop#1
(Name) (Ext.) (Department/Stop#)
for BOCC mmason 11/19/14 A ends Deadline: 11/WI4
CONTRACT COSTS
Total Dollar Value of Contract:$ 149 305.06 Current Year Portion:$ 149 305.00
Budgeted?Yes® No❑ Account Codes: M-2�56Qfi2p-CG1412-53Q30
Grant:$ N/A
County Match:$ _
ADDMONAL COSTS
Estimated Ongoing Costs:$ /yr For,
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FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
Agreement
Between Owner and Contractor
Where the basis of payment is a S TIPULA TED SUM
AGREEMENT
Made as of the Nineteenth Day of November, Two Thousand Fourteen
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Burke Construction Group, Inc.
10145 NW 19th Street
Doral, FL 33172
For the following Project: Freeman Justice Center Acoustic Renovations
............
Scope of the Work
I Project Overview
Fabrication and installation of acoustical panels in six-(6) Court Rooms of the Freeman
Justice Center
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
3 General Requirements
A. Construction work times shall be limited to:
6pm to 6am Monday—Sunday. Approval to change these hours must be
obtained in writing a minimum of 72 hours in advance.
B. Contractor needs to be aware of weather and location and plan accordingly.
C. Contractor needs to be aware of the facility, its vendors and staff with unusual
schedules and plan accordingly. Coordination of each days works shall be done
in advance with approval from County. All spaces interior and exterior shall be
cleaned and returned to normal work period/day. Refer to Addendum #1 dated
September 22, 2014 for other required general requirements.
D. The Scope of Work shall include, but not be limited to, all work shown and listed
in the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid
AGREEMENT Page 1 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
package. The Contractor shall furnish all labor, supervision, materials, power,
tools, equipment, supplies and any other means of construction necessary or
proper for performing and completing the Scope of Work, unless otherwise
specifically stated.
E. The contractor will be responsible to obtain all additional necessary permits and
approvals for the demolition and/or construction of Freeman Justice Center
Acoustical Renovations including the Federal Aviation Administration, Florida
Department of Transportation, Monroe County Growth Management,
Monroe County Building Dept., Monroe County Airport, Fire Marshall, City
of Key West, any other permitting or regulatory agencies as applicable
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Project Management
prior to notice to proceed. Contractor's license shall accompany proposal.
2. Provide, replace, and maintain any safety rails and barricades as
necessary during the process of work, or during deliveries of materials or
equipment.
3. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify Project
Management in any event, in order to not compromise the Owner's right to
make appropriate decisions.
5. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
6. The Contractor shall not store materials tools or debris inside the building
with out written permission. Contractor shall provide suitable storage
container, and be responsible for disposal off-site of all debris and trash.
7. The Contractor shall coordinate with Court representative on available
hours for Courtroom access. Court rooms will have limited 7am -5pm
work hours. Contractor will need to schedule work shifts typically from
6pm- Gam weekly. Any change to agreed to schedule must be obtained in
writing with a minimum of 72 hrs advanced notice.
AGREEMENT Page 2 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
8. Coordination of each days works shall be done in advance with approval
from County. All spaces interior and exterior shall be cleaned and
returned to normal each work period.
9. The Contractor shall be responsible to verify the exact location of each but
not limited too: object, device, art, electrical, mechanical, comm, or any
such protrusion, fixture or anchor requiring factory modification of
acoustical panels before installation.
Project Management Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is: Currie Sowards Aguila Architects
185 NE 4th Avenue, Suite 101
Delray Beach, FL 33483
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract(General,
Supplementary and other Conditions), Drawings,Specifications, Proposal Documents,Addenda
issued prior to execution of this Agreement,together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
WA
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety-
(90)calendar days after the date of commencement or issuance of a Notice to Proceed. The
AGREEMENT Page 3 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
time or times stipulated in the contract for completion of the work of the contract or of specified
phases of the contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Managements signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY&
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovenj of daMaggg pLig sole remedy for any delay caused -by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Hundred Forty-Nine Thousand Three Hundred Five
Dollars and 00/100 Dollars ($149,305.00), subject to additions and deductions as provided in
the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, If any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State 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.)
Alternate#1: No Alternates Specified
4.3 Unit prices, if any, are as follows: AAA
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
AGREEMENT Page 4 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
such form and supported by such data to substantiate its accuracy as the Director of Project
Management may require. This schedule, unless objected to by the Director of Project
Management, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents,the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in
the Work, amounts not in dispute may be included in Applications for Payment.The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and
Documented Costs incurred prior to the change Request, as indicated in the corresponding line
item in the Approved Schedule of Values for that line item as confirmed by the Director of
Project Management.When both additions and credits covering related Work or substitutions
are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of 10%will be withheld in accordance with section 218.736 (8(b), Florida
Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than 20 days after the issuance of the final approval for payment. The following documents
(samples in section 1027)are required for Final Payment:
AGREEMENT Page 5 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
(1)Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD/DVD of all the following but not limited
to:
A Project Record Documents (As Built Documents).
B.Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document,the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General Conditions
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation Iby 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:
AGREEMENT Page 6 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
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 attorneys fees and court costs as an award against the non-prevailing party, and
shall include attorneys 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.
AGREEMENT Page 7 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
1) 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 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as 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 8 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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
AGREEMENT Page 9 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees 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 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.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
AGREEMENT Page 10 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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 DBEs, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents,except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: CO,A 1, A2,A3, A4, A5,A6,A7,A8 as revised per Addendum#1
b) Project Manual: August 2014
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: August 2014
AGREEMENT Page 11 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
9.1 A The Specifications are those contained on the drawings.
9.1.5 The Addenda, in any,are as follows:
Number Date Pages
September 22, 2014 4 and Revised Drawings:
CO,Al,A2,A3,A4,
A5,A6,A7,AB
9.1.6 The Alternates, if any, are as follows: NIA
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.
Execution by.the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin,Clerk OF MONROE COUNTY,FLORIDA
By: — By:
Deputy Clerk Mayor/Chalirrinan
Date
(SEAL) CONTRACTOR
BU13Kg ";6TION G P,I
_CONSTRU
Witnesses for Canty rr:
Witness 1. y.
Print Name: Lvz Print name: I
Date. Title:
V
Witness,'2:-Za,-L-x,,, Date: 1113/14,
Print Name:
MONROE COUNTY ATTORNEY
PROVED AS TO TERM:
Dare: i 1 141 �4
i 2'r'l
STATE OF FLO R DA NATILEENE W,—CAssEL
COUNTY OF —)�OL ASSISTANT COU'NTY ATTORNEY
Onto /a- - ;F/ - --%V!!el
On this,"tea day of 20,L� before me,the undersigned Ratari—puElrc,—pd;rsana-Ty-dppbared
",known tome to be the person whose name Is subscribed above or who produced
as identification,Or!acknowledged that he/she is the person who executed the above contract with Monroe County
for the'Free ustice Center Acoustic Renovations for the purposes therein contained.
Nota?�Lblld
tj
Print Name
My commission expires:..... -.61 ANTHONY BURKE Seal
Notaty Public-State of Floilda
My Comm..Expires Feb 10.2014
Commission#FF 071783
awrcaa
AGREEMENT Page 12 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1 General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4, Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
& Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
GENERAL CONDITIONS Page 13 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
GENERAL CONDITIONS OF THE CONTRACT
1.0 GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in the Agreement and Modifications issued
after execution of the Contract, and the Contractor's proposal and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or(4) a written order for a minor change in the Work
issued by Project Management.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Architect and Contractor, (2) between Project Management and Contractor, (3) between the
Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between
any persons or entities other than the Owner and Contractor. The Owner shall, however, be
entitled to enforce the obligations under the Contract intended to facilitate performance of the
duties of Project Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
GENERAL CONDITIONS Page 14 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to'be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of$5.00 per page for full size drawings (.25 per page for
written specifications or 11"x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or(3) the titles of other documents published by
the American Institute of Architects.
1.6 Interpretation
GENERAL CONDITIONS Page 15 of 46
FREEMAN JUSTICE CENTER ACOUSTIC 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 "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
2.0 OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s)for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and may contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12,2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
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 16 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. |n such case an appropriate Change Order shall bmissued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor orsubcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary bv such default, neglect orfailure. |f payments then, orthereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. |n the event of clean-up issues, Owner has right to provide eminimum
of34 hours notice. In the event of safety issues determined to be of serious natune, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
3.0 CONTRACTOR
3'1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement aa |f singular|nnumber. The term^'ComtructVr' means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term ^Cnntroctorm^' refers to persons or entities who perform construction
under Conditions ofthe Contract that are administered by Project K8anmgernent, andthet 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 itto Project K8ana0ennen1ondArchitect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice ho Project K8anogernent 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 tothe
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported ho Project yWonoQennomt and Architect mtonce.
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 ofthe
Work under this Contract, subject to overall coordination of Project W1anaggnnentasprovidmdin
Subparagraphs 4.6.3 end4.6.5.
GENERAL CONDITIONS Page 17of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
3.3.2 The Contractor shall be responsible tothe Owner for acts and omissions ofthe
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under m 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 bv activities or duties ¢f Project K8anogemnentinite
administration of the Contract, or by test, inspections or approvals required or performed by
persons other thon 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 |ebor, materials, equipment, 1oV|s, construction equipment and mochinery, vvater, hemt,
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 |n 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 gnop|Vyeas at all times. K8iscOnduCt,
destruction of property, unao&a practices, or violation of any Federal or State regulations
including abuse 0f alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental tothe Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request nfProject
Management. Employees dismissed from the project xvi|| betnameportedfrornthe job site mtthe
Contractor's expense.
3.44 The Contractor shall be totally responsible for the security mf 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 Uo cooperate with Project W1anagement, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress mf the Work |e not adversely affected.
3.5 Wmnmmmty
3.5.1 The Contractor warrants tOthe Owner, Project YWanogement and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
required or permitted bv the Contract Documents, that the Work will ba 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 ur defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
' GENERAL CONDITIONS Page 18of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
normal wear and tear under normal usage. If required bv Project Management, the Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
3'6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work mrportions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded,whether or not yet effective or merely scheduled to go into effect.
3'7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and Day for all permits, impact fees, governmentalfeem`
|icenGes, inspections, testinA, surveys and utility fees required by Federal, State. Municipal or
Utility entities having jurisdiction over the project fortheproperaxocuUonandoonmpKatimnofMhe
Work which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Contractor will be responsible for all building permit
costs or impact fees required for this project. The Contractor shall secure and pay for all
building and specialty permits including plumbing, electrical, HVAC. etc.
3.7.2 The Contractor shall comply with and give notices required by |avvs, ondinanoos, ru|en,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 ;t is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable |avvs, otatuhms, ordinonces, building oodem, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project K8an@genment. Architactand
Owner|n writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 |f the Contractor performs Work knowing i1bwbe contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice tn Project K8anaQemment. Arch|heot
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.8.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall bein attendance a1 the Project e|[oduringperfonnmnoeofihe\Kk)rk The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding aeif given hz the Contractor. Important communications shall be confirmed inwriting.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory 1O Project K8anagernentandohm|| nutbeohangedexnect
with the consent Uf Project K8anagGnn8nt. un|asathemuperinhandantprowaatobeunsadmfaotory
to the Contractor Or ceases tobein his employ.
3'10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals asrequired bv the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, tmbe submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised os required bvthe conditions of the Work, and shall bB subject tm
Project Management's approval.
GENERAL CONDITIONS Page 19of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
3.10.2 The Contractor shall cooperate with Project yNanm0amentinachoduUngendoerforning
the Contractor's Work lo avoid conflict' delay in or interference with the Work of other
Contractors or the construction or operations o?the Owner's own forces.
&1O.4 The Contractor shall conform tothe most recent schedules.
3.10.5 Project Management will schedule and conduct m project rnentin0etarminimumnofmne
meeting per month in each month which the Contractor shall attend. A1 this meeting, the
parties can discuss jointly such matters am progress, scheduling, and problems.
3'11 Documents and Samples atthe Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project K0anaQennentandArohibactondohaUbedeMYenodtoProject Management
for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagnanma, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instruotionm,
bn}chumes, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.8 Samples are physical examples which illustrate mmaterim|m, equipment orworkmanship
and establish standards by which the Work will bejudged.
3.12.4 Shop C>ravvinge, 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 byProject
Management |m subject 0m the limitations mf Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project K8enmgernen[ |naocordunum
with the schedule and sequence approved by Project K8onegerment. ShopOravvings. Produnt
Data. Samples and oinni|er submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management inthe coordination of the Contractor's Shop
Drawings, Product Data, Sernp|e*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 Drawingg, Product Data, Gernp|es or similar submittals until the respective submittal has
been approved bv Project K8eno0enment. Such Work shall be |n accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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 berelieved of responsibility for deviations from requirements of
the Contract Documents by Project MenaQernemtappmovG| ofShopDoavxinQm. Pvoduot [)ote,
Samples mr 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 tn 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 K4enagennent^s approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing oron resubmitted Shop
[)raxvings. Product Data, Samples or similar submittals, to revisions other than those requested
by Project K4mnogenlentemdArohitoctonpmaxiouasubnn|tta|m.
3.12.10 Informational submittals upon which Project Management are not expected hotake
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, mvstennn or
equipment is required by the Contract Documents, Project PNanaQenment 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 WYanaQennantfor
approval bvthe Owner.
3'10 Use mfSite
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.
3.13.3 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 bo responsible for cutting, fiffinQ or patching required to complete
the Work orto make its parts fit together properly; He shall also provide protection ofexisting
work asrequired.
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 orotherwise altering such construction. The Contractor shall not cut orotherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project yWanogennent. C]vvnerandemnhothernontnactons: nuohooneen1eho|| motbe
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Project K8anagernentnhaUa|oobe
required. The Contractor shall not unreasonably withhold from Project KAanagernantorany
separate contractor his consent to cuffing or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any b|mokouto. outouta, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated qn the Drawings. The Contractor shall be further responsible for sealing and/or
GENERAL CONDITIONS Page 21 of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
finishing, in@m acceptablefashion 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.
3'16 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials ur rubbish caused bv operations under the Contract. A1 completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipnnent, machinery and surplus nlmbaha|s. Clean up 8hB|| be
performed 10 the satisfaction of the Owner or Project PNanagennent.
3.15.2 If the Contractor fails b} dean up as provided in the Contract Doourmente. Project
Management may dumo with the Owner's approval and the cost thereof shall be charged tothe
Contractor.
3'16 Access to Work
116.1 The Contractor shall provide the OvvnGr. Project Management and /4nohibsct annmeo 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 Owvner. Project Management and
Architect harmless from loss on account Ulensof' but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers io required by the Contract Documents. However, |f the Contractor has reason 10
believe that the required deeign, process orproduct is an infringement of 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 rnininnunn insurance requirements prescribed elsewhere in this
egnsennent. Contractor shall defend, indemnify and hold the COUNTY and the COUNTY`e
elected and appointed officers and employees harmless from and aQained/i\ any dairna, actions
or causes of action, (ii) any |itigaUon, adrniniS1n8bv8 proceedings' appellate proceedings, or
other proceedings relating to any type mf injury(inc|udinQ death), loss, dornoge, fine, penalty or
business interruption, and /iii> any costs or expenses that may be asserted agoinet, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection xxiUh. (A) any
activity of Contractor or any of its ennp|oyneo, aQents, contractors or other invitees during the
term of this Agreement, (8) the negligence or willful misconduct of Contractor orany of its
employees, agentm, 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 i0the extent
the o|airna, actimns, causes of action, |itiAat|on, pnmceedings, costs or expenses arise from the
intentional or sole negligent acts Vromissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). Insofar as the o|aimne, mctiono, 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 o result of the Contractor's failure 0m purchase or maintain the required insurance,
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
the Consultant shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity |n the plans and specifications provided hythe Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County hann|8Ss and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor |s for the indemnification
provided for the above.
4.0 ADMINISTRATION OF THE CONTACT
4.1 Architect/Engineer
4.1.1 The Architect and /or Engineer ia the person lawfully licensed topractice
architecture/engineering or any entity lawfully practicing architecture/engineering identified as
such in the Agreement and is referred to throughout the Contract Documents as if singular in
number. The term ^&rohiteo[' means the Architect or the Architect's authorized representative.
4-2 Project Management
4.3.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents aeif singular innumber. The term "Project
Management" means Monroe County Project K8ona8ernen1DepartnnentorP je[t
Management's authorized representative.
4-3 Duties, responsibilities and limitations of authority of Project k8enegernentmndArohi[ecL
ae set forth in the Contract Documents ehmU not be remtricted, modified or extended without
written consent mf the Owner, Project K8anm0ememt. AnohiteotmndCmnƒraotor. Consent shall not
be unreasonably withheld.
4'4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4'5 Not Used
4'6 Administration of the Contract
4.6.1 Project Management and Engineer will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (3) until final payment isdue and /2A with the Owner's concurrence, from time 10
time during the correction period described im Paragraph 12.2. Project Management and
Engineer will advise and consult with the Owner and will have authority to act on behalf ofthe
Owner only tothe extent provided |nthe 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 iebeing
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed ofthe progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project N1onm0enmentmnd [)xvnarin
reviewing their construction schedules when directed tndoso. The Contractor shall make any
GENERAL CONDITIONS Page 23 of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
revisions to the Construction schedule deemed necessary after joint review and mutual
agreement. The construction schedules shall constitute the schedules tobe used bvthe
Contractor, other Contnac1nro. Project Management and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction
tn become generally familiar with the progress and quality mfthe completed Work and to
determine in general if the Work is being performed in a manner indicating that the Work, when
completed, will bein accordance with the Contract Documents. However, Project K8mnmgonnent
will not be required tO make exhaustive or continuous mnmibe inspections to check quality or
quantity of the Work. On the basis of on-site observations msmn architect, Project K8anagennent
will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the work. .
4.6.6 Project Management will not have control over or charge of and will not be responsible
for construction means, method, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are solely the Contractor's responsibility
as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry
out the Work in accordance with the Contract Documents. Neither Project Nlanm0ernentnor1he
Architect will have oom1no| over, or charge of, or be responsible for acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing
portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project K8mnegenmmnLondahm||
contemporaneously provide the same communications 0m the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications bv and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Project K8anagernantandsh8|| be contemporaneously
provided to the Architect.
4.6.8 Project Management will review and certify ail Applications for Payment by the
Contractor, including final payment. Project Management will assemble each ofthe
Contractor's Applications for Payment with similar Applications from other Contractor into a
Project Application for Payment. After reviewing and certifying the amounts due the
Contractors, the Project Application for Payment, along with the applicable Contractors'
Applications for Payment, will b8processed by Project K8anagernent.
4.6.9 Based Vn Project K8anagemnent'aobnen/abonaandexa|uobonnoYContnentons'
Applications for Payment, Project K8anagernen1miU| osrt|h/theanmoumteduethe Contractors and
will issue a Project Appmove| forPaynnent.
4.8.10 Project Management will have authority tV reject VVOrkvvhichdoegnotConh]nmtothe
Contract Documents, and to require additional inspection Or testing, iM accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed, but will take such action only after notifying Project yNanagannonL Subject to review,
Project Management will have the authority to r jectVVorkvvhiohdoeono1oonformtmthm
Contract Documents. Whenever Project K8anagernentoonmidensi1nenemearymredvieeb|efpr
implementation of the intent of the Contract Documents, Project [Nanagenmentvv||| haxeouthor|ty
to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
GENERAL CONDITIONS Page 24 of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Project yWanoQementwiUbeaubiecttotheprovisionsof8ubparnWrophs4.O.18
through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor Project yWanagennent'emuthoritytmao\ mndarth|s
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 orProject
Management tothe Contractor, Subcontractors, material and equipment suppliers, their agents
or employees, or other persons performing any Cf 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 nf the Contractor orin
the activities of other Contractors mr 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 Bernp|ee, 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 eoaSi0 cause no delay in
the Work of the Contractor orinthe activities of the other Contractors, the Owner, orProject
Management, while allowing sufficient time hm permit adequate review. Review ofsuch
submittals isnot 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 8G 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,
3.5and 3.12. Project Management's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by Project PNmnm0ernwnt. mfanyoonstructionnneana.
methods, techniques, sequences mrprocedures. 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 Ch@mQen in the Work as provided in Paragraph 7.4.
4.6.18 The Contractor will assist Project N1anagemmentinconUuotinginspectionatmdn{ermn|ne
the dates of Substantial completion and final cVmnp|etion, 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 P jeotApp|ic8tionfor
Payment upon compliance with the requirements of the Contract Documents.
�
4.8.17 Project Management will provide one or more project representatives to assist im
carrying out his responsibilities at the site. The duties, responsibilities and limitations of
authority of such project nepmasentabmes shall be as set forth inan exhibit tube incorporated in
the Contract Documents.
4.8.18 Project Management will interpret and decide matters concerning performance under
and requirements of the Contract Documents on written request of the Owner or Contractor.
Project Management's response to such requests will be made with reasonable promptness and
within any time limits agreed upon. |fnu agreement ie made concerning the time within which
GENERAL CONDITIONS Page 25 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
interpretations required of Project Management shall be furnished in compliance with this
Paragraph 4.8. then delay shall not be recognized mn account of failure bw Project K0anaQennant
to furnish such interpretations until 15days after written request is made for them.
4.6.19 Interpretations and decisions of Project K8mnaQernentvv|UUmonneiaten1vv|ththeinUsntof
and reasonably inferable from the Contract Documents and will be in writing or in the form of
drmminga. When making such interpretations and dauis|mne. Project Management will endeavor
to secure faithful performance by both Owner and Contnactmr, 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. AC|ainn is adernand or assertion by one of the parties seeking, uaomatter
of right, adjustment mr interpretation of Contract terms, payment of money, extension oftime or
other relief with respect to the terms of the Contract. The term ''Qeim~ 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
mhm|| rest with the party making the cJn(nn.
47.2 Meet and Confer. The Contractor and Project YNanaQement 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, 1mm Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence ofthe event giving rise to such Claim or within 21days after the claimant first
recognizes the condition giving rise tothe C|Rinm, whichever is later. C|minno must be made by
written notice. An additional Claim made after the initial C|einn has been implemented by
Change Order will not be considered unless submitted ino timely manner. This notice ie not a
condition precedent 1O any other legal action Ursuit.
4.7.4 Continuing Contract Performance. Pending final resolution ofa Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue tomake 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 mfthe Contract and
unsettled;
.2 failure [f the Work tV comply with the requirements ofthe Contract Documents; mr
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed orUnknown Conditions. |f conditions are encountered atthe
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
GENERAL CONDITIONS Page 26of46
|
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated', and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
5.0 SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a director 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.
6.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
Management for review by the Owner and Project Management the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special
GENERAL CONDITIONS Page 27 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
design) proposed for each principal portion of the Work. Project Management will promptly
reply to the Contractor in writing stating whether or not the Owner or Project Management, after
due investigation, has reasonable objection to any such proposed person or entity. Failure of
Project Management to reply promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or
Project Management has made reasonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Owner or Project Management has made
reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Project Management makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor,to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner or
Project Management. Each subcontract agreement shall preserve and protect the rights of the
Owner or Project Management under the Contract Documents with respect to the Work to be
performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
When appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub-subcontractors. The Contractor shall make available to each proposed
Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and,
upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of
the proposed subcontract agreement which may be at variance with the Contract Documents.
Subcontractors shall similarly make copies of applicable portions of such documents available
to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more than 30 days, the
Subcontractor's compensation shall be equitably adjusted.
6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
GENERAL CONDITIONS Page 28 of 46
` FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
0.1.1 The Owner reserves the righttV perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered bv Project W1anaQenngnt. The Owner further reserves the right bx award other
contracts in connection with other portions uf 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 orsubrogation.
0 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 ProjectK8anaQennemt.
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 tocoordinate his work with the work of
other contractors wn the site. The Owner and Project K4mnagernentahaUbehe|dhemn|essfor
any and all costs associated with improper coordination.
6.2 08ufma| Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
8.2.2 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 10 proceeding with that portion of the Work, promptly report to Project N1anmgemnen1any
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the Contractor aotoreport 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.
8.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne bv the Contractor. The Contractor's sole remedy ee 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
ae provided inSubparagraph 10.2.5.
6.3.5 C|minle and other disputes and rnmUena 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 heis entitled toan extension Vftime 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 K8anagernentinvvriting. ofhis:ontemtion: setting forth A\\ the cause
for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made bv the Contractor hz Project Management within (72)
hours after the delay has ceased tnexist.
GENERAL CONDITIONS Page 29of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
.1 |tioa condition precedent to the consideration or prosecutionVf any claim for on
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 qf cause, shall be
the basis for 8n extension of time he shall have no claim against the Owner orProject
Management for an increase in the Contract price, nor a c|einn 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 tn the Contractor shall be an extension pftime.
6.3 Owner's Right nmClean Up
8.3.1 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 asProject Management determines to
be just.
7.0 CHANGES IN THE WORK
7'1 Changes
7.1.1 Changes in the Work maybe 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 tobv the Contractor; an order for m
minor change in the Work may be issued by Project K0onaQennento|one.
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 |f unit prices are stated im the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
� substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
� adjusted.
7'2 Change Orders
72.1 /\ change Order iS@ written instrument prepared bv Project K8onagmnnentmnda|Qnedbv
the Owner, Project K8mnoQemordandContnaotorstatinAthe|reAneennwntuponm|| of[he
following:
.1 o change in the Work;
2 the amount 0fthe adjustment in the Contract Sum, U any; and
.3 the extent of the adjustment in the Contract Time, if any.
GENERAL CONDITIONS Page 30 uf46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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 b»the appropriate
authority iOwriting;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved bVthe appropriate authority inwriting;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 orbvmethod provided in aubporogroph7.2.3.
7.23 |f none of the methods set forth in Clauses 7.2.1or7.2.2ia agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is maooived, shall pnorncM|y
proceed with the Work involved. The cost Of such Work shall then be determined by daily force
accounts ima form acceptable to the Owner and Project N1snagnrnenL 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 nf these forms shall bS
submitted to Project yWanagernentxxithaHsupporting documentation required bVProject
Management for inclusion into a change order. Unless otherwise provided in the Contract
Dgcumnents, cost shall be limited to the following: cost ofmaterials, 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 mf equipment and machinery. Markups for overhead and profit will bein
accordance with subparagraph 7.2.4. Pending final determination of cost, payments onaccount
shall be made as determined by Project yNanagememt. The amount of credit tob8 allowed bv
the Contractor for any deletion or change, which results in a net decrease in the Contract Sum,
will bethe amount of the actual net cost to the Owner as confirmed by Project K8anegenment.
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.
7.24 The actual cost of Changes in the Work may include all items of labor or material, power
too|s, and equipment actually used, uMUt|ea, pro rota 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 mf Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost io Owner aadefined in section 5.8.1 of the
Contract. Items considered oa overhead shall include insurance other than that mentioned
obove, bond or bonds, ouperintendan1, thnneheaper, c1erha, vxatchrnen, use of small too|e,
rniooe||oneouo uupp|ioo, incidental job costs, vvmrrontiwo, and all general home/field office
expenses. The actual cost of Changes |n the Work (other than those covered by unit prices set
forth in the Contract Documents) eMaU be computed as follows:
1 |f the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (596) and the maximum percentage for profit shall befive percent
(596)'
GENERAL CONDITIONS Page 31of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
.2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent(10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%),
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent(10%)on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent(10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the Contractor to Project Management at no
additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7, The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.3 Authority ,
7.3.1 Project Management will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Project Management and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
8.0 TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
which the Contractor is responsible.
GENERAL CONDITIONS Page 32 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
8.1.3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Project Management, or by any other cause which Project
Management determines may justify the delay, then the Contract Time shall be extended by no
cost Change Order for such reasonable time as Project Management may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Project Management not more
than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
9.0 PAYMENTS AND COMPLETION
GENERAL CONDITIONS Page 33 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adiustmentn, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9-2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit bo
Project Management, a schedule of values allocated to various portions of the Work, prepared
|n such form and supported by such data to substantiate its accuracy as Project K4anagennent
may require. This schedule, unless objected[oby Project k8anagernent. aha|| beusedas 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 am itemized Application for Payment for Work
completed in accordance with the schedule ofvalues. Such application shall be notarized and
supported by such data substantiating the Contractor's right to payment as the Owner nrProject
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.
8.3.2 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 |n the Work. |f approved |m advance by the Owner, payment may similarly ba
made for materials and equipment suitably stored off the site eta location agreed upon in
writing. Payment for materials and equipment stored onnr off the site shall b8 conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner tn establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insuraMce, storage and transportation tothe site for such rnmbario|a and
equipment stored off the site.
8.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass tn the Owner no later than the time cdpayment. 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 mf liens, claims security interests or
encumbrances infavor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will sO pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
GENERAL CONDITIONS Page 34of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
Owner to pay directly any unpaid subcontractor, laborer or mmtsrio|rnen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
8.4.1 Project Management will assemble a P 'eotApp|ivaUonforPaymnen1byoonnb|n|n0the
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 K8anagement'sn*ueiotoftheP ject Application for Payment, Project
Management will either approve the Application for Payment, with a copy to the Contractor, for
such amount me Project W1mnoQemmentdeterminoieprmpmr|ydue. ornctifv1UeCmntreotorin
writing of Project N1anagernent'ereeoonoforwv|thhw|d|ngepppoxa| invvho|eorinpadaopruxided
in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
by Project K8anmgemmenthmthe[)m/ner` bamedonUleirindixidua| obsannatiomaotthositeondthe
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 KHonoQemnent'eknoxvedQe.
information and belief, quality of the Work iain accordance with the Contract Documents. The
foregoing representations one subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inapectinne, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by Project K4ana8emn8mt. The issuance ofa separate
Approval for Payment will further constitute a representation that the Contractor in entitled to
payment in the amount approved. However, the issuance ofe separate Approval for Payment
will not beo representation that Project K0anagenmenthms (1) mnmdmmxhauat|we or continuous
on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or(4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
9-5 Decisions to Withhold Approval
0.5.1 Project Management may decline to approve an Application for Payment if, in his
opinion, the application i8 not adequately supported. |f the Contractor and Project K0anmgGrMeot
oammmt agree on e revised armmum1. 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 pert, any approval previously made to such extent as may
be necessary in its opinion because of: (1) defective Work not remedied; (2) thind party claims
filed or reasonable evidence indicating probable filing of such claims; (3)failure ofthe
Contractor to make payments properly to Subcontractors or for labor, materials, or equipment;
(4) reasonable evidence that the Work cannot bm completed for the unpaid balance ofthe
Contract Sum; (5) damage to Project [Ngna0mment. the{Jvvner. oranothercon{raCtor working at
the project; /8\ reasonable evidence that the Work will not be completed within the contract
time; (7) persistent failure to carry out the Work in accordance with the Contract Documents.
GENERAL CONDITIONS Page 35of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Project K8anagemment.
8.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9'6 Progress Payments
9.8.1 After Project Manogennenthos |mouedan /\ppnoxg| forPaymment. thmOm/nerahe|| make
payment in the manner and within the time provided in the Contract Documents, and shall so
notify Project Managmnnent. From the total Vfthe amount determined to be payable ona
progress payment, areta|nage |n accordance with the Florida Local Government Prompt
Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until
the final payment is made. The balance of the amount payable, |eem all previous payments, shall
be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Project W1onaQennent0obmapmdofthe final quantity for the item of Work in
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, ms to quality or quantity. All progress payments are subject tn correction otthe
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
[}vvner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount tm 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 Subcontnaotor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 Project Management will, on request, furnish to a Subcontractor, ifpracticable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner and Project K8anmgennentoneocountofpodioneoftheVVmrk
done by such Subcontractor.
9.6.4 Neither the Owner nor Project yNammgernentsha|| haxeenob|igationtopay. ortoaee to.
the payment of money to a Subcontractor except as may otherwise be required by law.
9.0.5 Payment to material suppliers aho|| be treated in a manner similar to that provided in
Subparagraphs 9.8.2. 8.6.3 and 9.8.4.
9.6.6 8 progress payment, or partial or entire use or occupancy ofthe Project by the Owner
shall not constitute acceptance nf Work not in accordance with the Contract Documents.
3.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision ahmU not beconstrued as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, ¢ras a waiver of the right of the Owner
or Project K8anBgementtonequipe the fulfillment of all the terms of the Contract.
GENERAL CONDITIONS Page 36of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Project Management
shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor
shall proceed promptly to complete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to complete all Work in accordance
with the Contract Documents. Upon receipt of the list, Project Management will make an
inspection to determine whether the Work or designated portion thereof is substantially
complete. If the inspection discloses any item, whether or not included on the list, which is not
in accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by Project Management. The Contractor shall then submit a request for another
inspection by Project Management, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, Project Management will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall make
payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided
in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
GENERAL CONDITIONS Page 37 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
for payments, retaino0e if any, security, maintenance, heat, utilities, damage t0 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 asprovided under Subparagraph 8.8.2. Consent mf the Contractor to partial
occupancy oruse shall not bn unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, ifno
agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project yNonaQementond
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 nf the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project ManoQornart a final Contractor's Application for Payment. Upon receipt, Project
Management will promptly make such inspection. When Project K8anagenmmnLfindgtheVVOrh
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 mn the basis mf their observations and inspections, the
Work has been completed in accordance with terms and conditions ofthe 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 submitsƒ0 Project Management/1\ an affidavit that poyno||e, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner's property might beresponsible or encumbered (less amounts withheld bY Owner) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required bvthe
Contract Documents to remain in force after final payment is nneda' is currently in effect and will
not becanceled 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 bv 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 are required for Final Payment:
(1)App|icotion and Certificate for Payment
i2\ Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
(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.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project
Management that the subcontractors and materialmen have been paid is for the protection and
convenience of the Owner only. Unpaid subcontractors and materialmen may only seek
payment from the Contractor and the surety that provided the Contractor's Public Construction
Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
10.0 PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Project Management for review, approval and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner and Project Management in writing. The Work in the affected area shall not thereafter
be resumed except by written agreement of the Owner and Contractor if in fact the material is
asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in
the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl
GENERAL CONDITIONS Page 39 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
(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:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
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FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.7.2. 10.2.1.3, 10.2.1.4caused in whole or in part bv the Contractor, o
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. 10.2.1.3and 10.2.1.4, except damage nrloss attributable to acts oromissions
of the Owner, Project K8anaHemnentVrArchiteCtorGnyonedinecUyorindirect|yenlp|oyedbyany
mf them, mrby anyone for whose acts any of them may bo liable, and not attributable 10 the fault
or negligence of the Contractor, The foregoing obligations of the Contractor are in addition 10
the Contractor's obligations under Paragraph 3.18.
10.28 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall bethe prevention cfaccidents. 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 orsite tobeloaded
eoas10 endanger its safety.
10'3 Emergencies
10.3.1 In on emergency affecting safety of persons orproperty, the Contractor shall act. at the
Contractor's discretion, tu prevent threatened damage, injury mr|mss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph4.7 and Article 7.
10.4 Site Specific Safety Plan
See Section 00870for minimum requirements of job site safety plan.
11.0 INSURANCE AND BONDS
11.1.1 Prior bJ commencement of Work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, Gt its own expenae, 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 toall
subcontractors engaged by the Contractor. As on 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 bv the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished tothe County aa 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 Cohtrectur's failure toprovide satisfactory evidence ofinsurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term ofthis
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays im the completion of Work resulting from the failure ofthe
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
�
GENERAL CONDITIONS Page 41of46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
Or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance: Not 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.
12.0 UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Project Management's request or to
requirements specifically expressed in the Contract Documents, it must, if required in writing by
Project Management, be uncovered for their observation and be replaced at the Contractor's
expense without change in the Contract Time.
GENERAL CONDITIONS Page 42 of 46
FREEMAN JUSTICE CENTER ACOUSTIC 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 43 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
13.0 MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds
himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Project Management.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor: Burke Construction Group, Inc.
10146 NW 19'h Street
Dorall, FL 33172
For Owner: Director of Project Management County Administrator
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key..West Florida 33040
13.4 Rights and Remedies
GENERAL CONDITIONS Page 44 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
13.4.1 Duties and obligations imposed bvthe Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rightsand
remedies otherwise imposed or available bylaw.
134.2No action or failure to act bmthe Owner, Project Management, Architect orContractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed inwriting,
13.5 Tests and Inspections
13.5.1 TeSts, inspections and approvals mf portions 0f the Work required by the Contract
Documents or by |avxm` ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made oten appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Project
Management timely notice of when and where tests and inspections are to be made so Project
Management may observe such procedures. The Owner shall bear costs of test, inspections or
approvals which do not become requirements until after bids are received or negotiations
concluded.
13.5.2 |f Project K8anmgemerd. Owner or public authorities having jurisdiction determine that
portions of the Work require additional testing, inspection or approval not included under
Subparagraph 1D.5.1. Project K8anagennentvxi||. uponvxrittenauthorizat|oDfrommthe Owner,
instruct the Contractor to make arrangements for such additional testing, inspection or approval
by an entity acceptable hothe Ommer, and the Contractor shall give timely notice to Project
Management of when and where tests and inspections are b] bemade so Project W1@n8gennent
may observe such procedures. The Owner shall bear such costs except aS provided in
Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work tn comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for Project KHmna0emnent's services
and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Project
Management.
13.5.5 |Y Project K0anag*mant |otombson/etests. inspections or approvals required by the
Contract Documents, Project Management will do so promptly and, where pmactioob|e, at the
normal place mftesting.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement m0Statutory Limitation Period
13.7.1 The statute Vf limitations applicable Uo this contact are asprovided in Se(tionQ5.11 (3)
(C). Florida Statutes.
� GENERAL CONDITIONS Page 45of46
�
�
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
14.0 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by Project Management that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
GENERAL CONDITIONS Page 46 of 46
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
PROPOSALFORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Khern Description Pages
1. Proposal Form 18-19
2. Bid Bond (Proposal Security) 20
3. Non-Collusion Affidavit 21
4. Lobbying and Conflict mf Interest Clause 22
5. Drug-Free Workplace Form 23
8. Local Preference Form 24
l Subcontractor Listing Form 25
M. Insurance Checklist 28
9. Workers Compensation and Employers' Liability 27
% General Liability 28
11. Not Used 29
12. Vehicle Liability 30
13. Not Used
14. Propooer'e Insurance and Indemnification Statement 31
15. Insurance Agent's Statements 32
18. Contractor License
Current Copy toBe Submitted with Proposal
Subcontractor Licenses toBe Submitted Prior to
Award nf Notice toProceed
17. |n order tm 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 e
general partnership, o list ofthe general partners; or, if limited liability company. a
list mfits members; if solely owned propdatorship, names(s) ofmwner(o). /\copy of
AnthonyBurke 5096
David Martinez 5096
PRC)POGALF[)RK4 0011O-Po0e115of202
L
,
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
documentation demonstrating that the entity is a legally viable entity ohoU be
attached.
Anthonyaum�Pres.
B. A list of the officers and directors of the entity; zmnmXuarmnez, vz%seu
C. Relevant Experience: The number of years the person or entity has been operating
and, if difforant, the number of years it has been providing the aarvioa, gnodo, or
construction services called for in the proposal specifications (include o list of similar
projects); 7yursxm Burke Construction Group,mc'zoye=rs total experience
O. The number of years the person or entity has operated under its present name and
any prior names; seven p7Years
F. Answers to the following questions regarding claims and suits:
m. Has the person or entity ever failed to complete work nr provide the goods for
vvh\nh it has contracted? (If yes, provide details of the job, including where the
job was located and the name nf the ownar.) No
b. Are there any judgments, daime, arbitration proceeding or suits &ending_o�
outstanding against the person, principal wf the entity, orentity, or its offiuera,
directors, or general partners (this specifically includes any present or prior
entities in which the person, principal, entitv, nMicer, director or ganans|
partner of the proposing entity has been involved as a person, principal, entity,
officer, director urgeneral partner in the last five (5)years)? (|f yem, provide
datmUs, include enough information about the judgment, c|oim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or o\ainn or
locate the suit by location and case numbmrj mo
n. Has the pareon, principal of the andity, onbty, or its officers, major
shareholders or directors within the last five /5) yeena, been a party to any law
suits or arbitrations with nagmmd to o contract for aen/ices, goods or
construction services s|nl||ar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in m/h|oh the poroom, principal, mnUtv, offiomr, director or general
partner of the proposing entity has been involved as a person, principal,entity,
offioer, director or general partner in the last five (5) years. (|f yen, provide
detai|o, include enough information about the judgment, c|aimm, arbitration or
suit s0 that the Owner will able to obtain o copy of the judgment or c|8inn or
locate the suit by location and case uumber.) Yes,Refer^v Attached List
d. Has the pormon, principal of the enhty, or its officeno, oxxners, pertnam, major
shareholders ordirectors, ever initiated litigation against the County or been
sued bythe County |n connection with a contract to provide services, goods nr
construction services?This specifically includes any present or prior entities in
which the person, prinoipo|, enUh/, nffinar, director or general partner of the
proposing entity has been involved as a person, principal, entity, Vff|ner,
director orgeneral partner in the last five (5) years. (|f yes, provide deta||S,
include enough information about the 'udgment, o|aim, 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
PR(]POGALFQRK8 00110-Page16of202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the
request for bids; NO
f. Customer references(minimum of three), including name, current address
and current telephone number; See Attached
Credit References(minimum of three), including name, current address
and current telephone number; See Attached
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)originalcogy,
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a road or
any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1
of the State Constitution.")
PROPOSAL FORM 0011 O-Page 17 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
SECTION 00110
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: Burke Construction Group,Inc
10145 NW 19th A
Doral,FL 33172
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed, The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Proposal in words shall control.
One Hundred Forty-Nine 7nousand Three Hundred Five Dollars
(Total Base Proposal-words)
149,305.00
(Total Base Proposal—numbers)
I acknowledge Alternates as follows;.
I acknowledge receipt of Addenda No.(s)
No. 1 Dated 9122114
No. Dated
No. Dated
PROPOSAL FORM 00110-Page 18 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
Proposer, otetao by his check mark in the blank beside the form and by his signature that he
has provided the following forms (located in Section OQ11O\:
o. Proposal Form_X ,
b. Proposal Security(Bid Bond) _x_,
C. Non-Collusion Affidavit X ,
d. Lobbying and Conflict of Interest Clause r .
e. Drug-Free Workplace Form_X_.
t Subcontractor Listing Form_X`�
g. Propooer'o Insurance and Indemnification Statement X
h. Insurance Agents Statement(signed byagmnt),L_. and
i. Local Preference Form and requirements (if applicable),
In addition, Proposer states that he has included o certified copy ofContractor's License. and
Monroe County Occupational License, (Check mark items above, as a reminder that they
are included.)
�nl��mY��vuhu�
Mailing Address,
omal,fL 33172
�my4*�am�
�honaNumber:
Date: uzumer/3,x»1* Signed:
An on7Burkc
[[iUe)
Witness: Seal)
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
BID (PROPOSAL) BOND "5 AAC
KNOW ALL MEN BY THESE PRESENTS, that we S4 .f- '" B l'b "(?>OtqLD
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of as Surety, hereinafter called the
Surety, are held and firmly bound unto
(Here insert full name.and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Dollars($),for the payment of which
sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these
presents.
WHEREAS,the Principal has submitted a bid for
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contact with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect. Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes.
(Principal) (Seal)
(Witness)
(Title)
(Surety) (Seal)
(Witness)
(Title
PROPOSAL FORM 00110-Page 20 of 202
Document A310TM - 2010
Conforms with The American Institute of Architects AIA Document 310
Bid Bond
CONTRACTOR: SURETY:
(Nium,legal.viijit(.v rural tiddir-vv) (Mince,legal stalits mrd ptincilm1 phice ofluoinexv)
Burke Construction Group, Inc. Arch Insurance Company
10145 N.W. 19th Street 300 Plaza Three This document has important
Doral FL 33172 Jersey City NJ 07311 legal consequences.Consultation
Mailing Address for Notices with an attorney Is encouraged
with respect to its completion or
OWNER: (Same as Above) modification.
fXamc,legal strrfus and addi=) Any singular reference to
Monroe County Board of County Commissioners Contractor,Surely,Owner or
other party shall be considered
302 Fleming Street plural where applicable.
Key West FL 33040
BOND AMOUNT: $ 5% Five Percent of Amount Bid
PROJECT:
(Xame,locadon or addre=andProject number,ifaitlA)
Acoustical Renovation -302 Fleming Street, Key West, Florida
The Contractorand Surely are bound to the Owner in the amount set forth above,for the payment of which file Contractor and Surety bind
themselves,their heirs,executors,administrators,successors and assigns,jointly severally,as provided herein.'rile conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such tinic period
as inky be agreed to by the Ch-nier and Contractor,and the Contractor cither(l)enters into a contract with the Owner in accordance with
the temis of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful perfortuance:of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of
this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party to peribno the work covered by said bid,then this obligution shall be null and void,otherwise to remain in 11611 rorce and elrecl,The
Surety hereby,waives any notice ol'un agreement between the Owner and Contractor to extend the time in which the Ownermay uccepl the
bid.Waiverol'timice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond[lie line titer
acceptance ol'bids hpeci lied in file bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty(60)days.
If this Bond is issued in connection%vith a subcontractor's bid to a Contractor,the terni Contractor in this Bond shall bo docnicd to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Dood has been 114mislied to comply%Nith uslatutory or other legul requirement in the locution ol"the project,any provision in
this Bond corillicting%vi thsaid statutory or legal requirement shut)be deemed deleted herefironi and provisions conflonniing to such
statutory or other legal requirement shall be deemed incorporuted herein.When%o furnished,the intent is that this Bond-;hall be construed
as astatidory bond and not as a coninlon law bond.
Si, a s od t is 1 Oth day of October, 2014.
Burke Construqon Group, Inc.
0110
Bye_�/-
Zrch Insurance Company
(iritness) Olga Iglesias By,
(rifle)Gharles J. Nielson aCt
8-00541AS 8110
AIC 0000120605
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the
manner and to the extent heroin stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint:
Arthur Lawrence Colley,Audria R. Ward, Brett Rosenhaus, Charles D. Nielson, Charles J. Nielson, David R. Hoover, Edward T.Ward,
F. Danny Gann,John R. Neu,Kevin Wojtowicz and Laura ID.Mo:sholder of Miami Lakes, FL(EACH)
its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligatlons,in the penal sum not exceeding
Ninety Million Dollars(S90.000,000.00),
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process,"
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15,2011:
VOTED, That the signature of the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A.
AIC 0000120605
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers,this 5h day of Juries 2014.
Attested and Certified Arch Insurance Company
WKr nrs ^Clt
SEAL
Patrick K. Nails,Secretary - �---� David M. -m estein, Executive Vice President
IWood
STATE OF PENN'SYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick IK. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as -Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under it-to laws of the State of Missouri,.subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized sinned, sealed with the corporate seat and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
ritrNo " � r~r y1..vrwywti.�
NOTARIALSEAL
HELEN S Apt»Notary Public
City of PhIladephla,PhIls.Cou
n I Irpsr��1'� ._.
Zen Szafran, N tWj1ul ti -
My commission expires 1 0/03120 1 7
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated )tine 5,2014
on behalf of the persons)as listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this__ _day of__-October--- 20-14_.
I-,-b-
.__
Patrick K. Nails,Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to'bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance-Surety Division
3 Parkway,Suite 1500
Philadelphia,PA 19102
wRrcruare �"QI
it,y '� sEnr
� ran
Mf�tauff
OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Broke Construction Group,Ina
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that t ' firm complies fully with the
above requirements.
Proposer's Signature
D • /3•
Date
PROPOSAL FORM 00110-Page 23 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Burke Construction Croup,Inc
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the forrner
County officer or employee". 9/
(Sign e)
tat : . /3•
STATE OF: FL
COUNTY OF: Monroe
Subscribed and sworn to(or affirmed)before me on /r (date)
Anthony Burke
by (name of affian#). HelShe is Rersonally known to me
or has produced as identification. (Type of
identification)
NOTARY PUBLIC
My commission expires:
y ol& Notary public State of Florida
Armando Siiveira
r y n My Commission EE 839172
Expires 09/3012016
PROPOSAL FORM 00110-Page 22 of 202
FREEMAN .JUSTICE CENTER ACOUSTIC RENOVATIONS
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 02-349 must complete this form.
Name of Proposer/Responder Burke Construction Group,Inc. Date: l0 • /3 •Z&'//
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one year prior to the notice or request for bid or proposal? Yes (Please furnish
copy.) City of Key West
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? des
List Address: 3210F1aglerAve.,Key West,FL33040
Telephone Number: 305-906-5050
Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical
address.
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? NO
If yes, please provide:
1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated
at least one year prior to the notice or request for Ibid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
oe Tel. Number
Print Name: AnthonYB-ke
Si Lure and Title Of Authorized Signatory for
P aposer/Responder
STATE OF A
COUNTY OF Monroe
On thif/L day 20 , before me, the undersigned notary public, personally appeared
Arrthorl.Y.Burke known to me to be the person whose name is subscribed above or
who produced ,4ot as identification, and acknowledged that he/she is the person
who executed the above Local Preference Form for the purposes therein contained.
Notary Public Yv�y Notary Public starts of Florida
44*00 Sic✓L/,t2 Arrnainda Stivaura
�b 4 My Commission EIE 839172
Print Name �orr� Expires 0913012016
My commission expires: ?° Seal
PROPOSAL FORM 00110-Page 24 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph # w/area Fax: Cell: Address
code
16 Hadda Keys Electnc R"ond Vazquez 305-296-4028 305296-9283 5730 2,nd Ave-,Key West,FL
9 Brambie2s Windows&WaYs Allan Slater 954-374.8408 954-5053332 305-218-3434 2051 SW31stAve.'Pembroke Ruk,FL 33009
PROPOSAL FORM 010 11 O-Page 25 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS NON-COLLUSION AFFIDAVIT
the city DOral,FL
according Vo law onmy oath,and under penalty uf perjury,depose and say that:
� | mm President
of the firm of Burke Consuucition Gzvup,Inc
the proposer making the Proposal for the project described in the notice for calling for proposals
for
Freeman justice centeramusticRenovations
and that I executed the said proposal with full authority to do so;
2� The prices in this proposal have been arrived at independently without collusion, onnmu|toUon'
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other proposer nr with any competitor;
5. Unless otherwise required by law, the d e which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly ho 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 restiricting competition;and
5. The statements contained in this affidavit are true and muneot, and made with full knowledge that
said project.
ptgr of Proposer) ate)
STATE OF: FL
COUNTY OF: Monroe
PERSONALLY APPEARED BEFORE ME,the undersigned authority, AnthMBurkc
who,after first bein sworn by me,(name of individual signing)affixed his/her signature in the space provided above
on this day of ~~^~/=~6°~
NOTARY PUBLIC
My commission expires: x
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
SECTION 00120
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA
Insurance Checklist
FOR
Proposer
Workers' Compensation►
X -Workers' Compensation Statutory Limits
Bodily Injury by
Accident/Bodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
WC1 x Employers Liability $100,000/$500,0001$100,000
WC2 Employers Liability $500,0001$500,0001$500,000
WC3 Employers Liability $1,000,000/$1,000,000
/$1,000,000
WCUSLH US Longshoremen & Same as Employers'
Harbor Workers Act Liability
WCJA Federal Jones Act Same as Employers'
Liability
INSURANCE REQUIREMENTS AND FORMS 00 120-Page 26 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
General Liability
As a minimum, the required general liability coverages will include:
• Premises Operations • Products and Completed Operations
• Blanket Contractual • Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL1 X $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
GI-2 $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
GI-3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GI-4 $2,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GILS Security Services
All endorsements are required to have the same limits as the basic policy.
INSURANCE REQUIREMENTS AND FORMS 001 20-Page 27 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
Vehicle Liability
As a minimum, coverage should extend to liability for:
* Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1 X $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100 1 000 Combined Single Limit
(The use of VL1 should be limited to special projects that
involve
other governmental entities or"Not for Profit" organizations.
Risk Management must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
Miscellaneous Coverages
BR1 Builders' Limits equal to the
Risk completed project.
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment.
PROI Professional $ 300,000 per Occurrence/$
500,00OAgg.
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
Agg.
POL2 Liability $1,000,000 per Occurrence/$2,000,000
Agg-
POL3 $5,000,000 per Occurrence/$10,000,000
Agg.
ED1 Employee $ 10,000
INSURANCE REQUIREMENTS AND FORMS 00120-Page 28 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
ED2 Dishonesty $100,000
GK1 Garage $ 300,000 ($ 25,000 per Veh)
GK2 Keepers $ 500,000 ($100,000 per Veh)
GK3 $1,000,000 ($250,000 per Veh)
MED1 Medical $ 300,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
V'LP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that
will be in the Bailee's possession.
HKL1 Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000
AE02 & Omissions $ 500,000 per Occurrence/$1,000,000
Ag
AE03 $ 1,000,000 per Occurrence/$3,000,000
Agg,
E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000
Ag
E02 & Omissions $ 500,000 per Occurrence/$1,000,000
Ag
E02 $ 1,000,000 per Occurrence/$3,000,000
Agg.
INSURANCE REQUIREMENTS AND FORMS 00120-Page 29 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Burke Construction Group,Inc
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractors status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
WC3
INSURANCE REQUIREMENTS AND FORMS 00120-Page 30 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Burke Construction Group,Inc
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (112) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GL
INSURANCE REQUIREMENTS AND FORMS 00120-Page 31 of 202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Burke Construction Group,Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VL
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS AND FORMS 00120-Page 32 of 202
BURKCON-01 STIMiGGS
DATE IMlWDDNYYY).
CERTIFICATE OF LIABILITY INSURANCE 44512014
THUS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN'SURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If'SUBIROGATION IS'WAIVED,subject to
the terms and conditions of the policy,certain policies may requiire an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement s. CO rf
PRODUCER
NAME
Collinsworth,Alter Fowler&French LLC PHONE T�TAX
8000 Governors Square Blvd _IAIC Ext,(3'05)822-7800 1_I .a305�362-2443
Suite 301 ADDRESS:
Miami Lakes,FL 33016 l ? .........."
INSURERS AFFORDING COVERAGE ... ____.. .
INSURER A;Amerisure Mutual Ins Co 23396
(INSURED INSURER B:
Burke Construction Group Inc INSURERC:
10145 N.W.19 Street INSURER D
Doral,FL 33172 ..............�.
INSURER E
INE-095 F t
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN'ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LT R TYPE OF INSURANCE POLICY NUMBER. 1MMIDOrfYYY) tMM1o0WYYI LIMITS
GENERAL LJABILnY EACH OCCURRENCE S 1,000,00(
I I PRE.,)I�6LES+.IEInaIc�fuf A X COMMERCIAL GENERAL X L205336B 411612014 411612015 ravlre-1.
�..........300,00
10,00(cLAIMs-MADE OCCUR M� I'
., _ EXP(Any one person.) $
PERSONAL&ADV INJURY $ _1,000,00
AGGREGATE LIMIT APPLIES GIENIERAL AGGREGATE S 2,000,00
W 'L . _ �..._... ...................._.
iPER: ...GEN PRODUCTS-COMPIOPAGG S..... 2,000,00
P'RO-
POLICY X LOC
AUTOMOBILE LIABILITY Ea ae d $
.IN L LIMr e,�C S 1,000,00
A ANY AUTO X CA2053364 4/1612014 411612015 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(P...� �...� -.... or accident) S
-, AUTOS AUTOS .........____"",
NON-OWNED PRO.5EIfT' $
7C HIRED AUTOS '..� AUTOS (Per A elAgmr
$
X UMBRF]LA LIAR X�OCCUR EACHH OCCURRENCE S 4,000,000
EXCESS I CU2082067 411....612014 4/16/2015 AGGREGATE...... $ 4,000,00 .
A ..w. .._........ ......._. nna l
CeD RETENTION$ $
WORKERS COMPENSATION WC STATU- I OTH-
AND EMPLOYERS'LIABILITY YIN _XJTOJRY LIMITSR
A I ANY PROiPRIETORPPARTNERIEXECUTIVE '... C2053365 411612014 4/16/2015 E.L.EACH ACCIDIENT $ 11,000,00
OFFICER/MEMBER EXCLUDED? F N/A
(Mandatary In NH) E,L.DISEASE-EA EMPLOYEE $ 1,000,430
If yes,describe under """"
OESCRIPTIONOF OPERATIONS below I E'..L.DISEASE-POLICY ILIMIT S 1,000,00.:
------------
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A'ttach...AC ORD 101.Additional Remarks Schedule,.11 more space Is required)
Monroe County BOCC is named as additional insured with respects to General Liability and Auto policies.ExcesslUmlbrella follow form,30 Day Notice of
Cancellation except 10 Days for Non Payment
AFT NA(DEMENT
AU FI2
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IBE CANCELLED'BEFORE
Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ty ACCORDANCE WITH THE POLICY PROVISIONS.
Engineering/Project M'anagementfWastewater
1100 Simonton Street Room 2-216
Key West,FL 33040 AUTHORIZED REPRESENTATIVE
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACOIRD
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1UO'U8O Bodily Injury bvAocident
$5OD.U8O Bodily injury by Disease lPo|icyLimits
$1DO.00O Bodily injury by Disease,each employee
General Liability, including $3OO.00D Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Builder's Risk. Not Required
\Aahiu|e Liability (Owned, non-om/nmd, and hired vehicles) $100,000Cornbined Single Limit
|f split limits are omehan*d:
$ 5Q.O0O per Person
$YO0.00O per Occurrence
$ 25.ODQ Property Damage
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this eAmaemoent. 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 bm any type mf injury(imc|udingdeedh)' |osm.
dmrnmge, hne, penalty mrbusiness interruption, and (iii) any costs or expenses that may be
asserted oguimst, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (/A any activity of Contractor mrany of its ennpkmyeon, aQento, 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 n|ainms, actiona, causes of eot|on. Uitigahon, pwoonedingm, costs or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any
of its enmp|oyeea, e0en1m, contractors or invitees (other than Contractor). Insofar as the c|minnw,
mctione, causes of action, |DUgation, pmocoedingo, costs or expenses ne|ohe to events or
u|pournstanmsa 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 (tn include the work of others) is delayed or
suspended asa result of the Contractor s failure hmpurchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
INSURANCE REQUIREMENTS AND FORMS 00120-Pm0e33of202
FREEMAN JUSTICE CENTER ACOUSTIC RENOVATIONS
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 nd hold harmless as set out on page
00110-12 of this proposal.
Burke Construction Group,dne
PROPOSER Si ature
I
I
INSURANCE REQUIREMENTS AND FORMS 00120-Page 34 of 202
Burke Construction Group, Inc.
References
F2NANc2AL' ]ApE;
Northern Trust Bank Florida Keys Electric (Key West)
8600 NW 17`h Street (305) 296-4028
Miami, Florida 33126-1034 Contact: Raymond Vazquez
PH: 786-762-4854
Contact: Scott Hertzog Gary's Plumbing (Key West)
(305) 296-4028
INSURANCE: Contact: Gary Centonze
Collinsworth, Alter, Fowler Titan Interiors Group (Miami)
Dowling & French (954) 434-9291
P.O. Box 9315 Contact: Tania Drago
Miami Lakes, Florida 33014-9315
PH: 305-822-7800 B&L Beneway (Key West)
Contact: Dick French (305) 481-3539
Contact: Nick Zappone
BOND AGENT'
STG Contracting Group (jax)
Nielson &Company, Inc. (904) 287-9898
8000 Governors Square Blvd. Contact: Mike Gresser
Miami Lakes, Florida 33016
PH: 305-722-2663 JLM Associates (Davie)
Contact: David Hoover (305) 987-4177
Contact: Marty Salamida
LE
Merit Floors (Miami)
Elder& Lewis (305) 360-4762
1500 San Remo Ave., Suite 214 Contact: Tony Paraga
Coral Gables, Florida 33146
PH: 305-667-4774
Contact: David Elder
Client References
Westminster Christian School
Metro Life Church Palmetto Bay, FL
Doral, FL (305) 720-6650
(305) 592-5100 Contact: Jeff Springer
Contact: Pastor Armando Gomez
GoldKrown Development
Easton &Associates Coral Gables, FL
Doral, FL (305) 206-3143
(305) 593-2222 Contact: Ronnie Krongold
Contact: Ed Easton, Jr.
Monroe County
Doral Animal Clinic Key West, FL
Doral, FL (305) 797-1584
(305) 761-7766 Contact: Mike Nalepa
Contact: Dr. Cabeza
State of Florida
Department of State
I certify from the records of this office that BURKE CONSTRUCTION
GROUP, INC. is a corporation organized under the laws of the State of Florida,
filed on July 2, 2007, effective June 25,2007.
The document number of this corporation is P07000075715.
I further certify that said corporation has paid all fees due this office through
December 31, 2014, that its most recent annual report/uniform business report
was filed on January 20, 2014, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at.Tallahassee,the Capital,this
the Twentieth day of January,
2014
we Secretary of State
Authentication ID:CC3828197602
To authenticate this certificate,visit the following site,enter this
ID,and then follow the instructions displayed.
i
https://efile.sunbiz.org/certauthver.html
I
t
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING 'BOARD (850)487-1395
1940 NORTH IMONROE STREET
TALLAHASSEE FL 32399-0783
BURKE,ANTHONY JOHN JR
BURKE CONSTRUCTION GROUP INC
6730 ROYAL PALM DRIVE
MIAM'I FL 33157
Congratulations! With this license you become one of the nearly
one million Floridians licensed by Itie Department of Business and
Professional Regulation. Our professionals and businesses range nw',x a. STATE OF FLORIDA
from architects to yacht brokers,from boxers to barbeque restaurants, DEPARTMENT OF BUSINESS AND
and they keep Florida's economy strong. k'" PROFESSIONAL REGULATION
Every day we work to improve the way we do business in order to CGCA38309 ISSUED: 08/20/2014
serve you better. For information about our services,please log onto
www,myfloridalicense..com, There you can find more information CERTIFIED GENERAL CONTRACTOR
about our divisions and the regulations that Impact you,subscribe BURKE,ANTHONY JOHN JR
to department newsletters an learn more about the DepartmenCs BURKE CONSTRUCTION GROUP INC
initiatives.
Our mission at the Department is:License Efficiently,Regulate Fairly.
We+constantl strive to serve you better so that you can serve your
customers hank you for doing business In Flonda, IS CERTIFIED under the provisions of Ch.409 FS,
and congratulations on your new licenset ExFlraliandate;AUG 31.2016 L140820000f535
DETACH (HERE
RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY
STATE OF FLORIDA
DEPARTMENT OF(BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
GGCA38309
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2016
0
BURKE,ANTHONY JOHN JR
BURKE CONSTRUCTION GROUP INC
10145 N111JJ 19TH STREET
j DORAL FL 33172
91.
ISSUED 0 8/2 012 0 1 4 DISPLAY AS REQUIRED BY LAW(! SEQ# L1408200001535
i
i
l
["Y" OF KEY' 'W"EST, 't"TORIDA
Businessrax Receipt
This Document is a business tax, receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name BURKE CONSTRUCTION GROUP, INC. Ct1Nbr:0022855
Location Addr 1107 KEY PLAZA
Lic NBR/Class 15-00028182 CONTRACTOR - CERT GENERAL CONTRACTOR
Issue•Date: August 22, 2014 Expiration Date:September 30, 2015
License Fee $309.75
Add. Charges $0.00
Penalty $0.00
Total $309.75 liatei M8 2%14 �i kece:CCno:rawer: I
Comments: 21i1, 28162
This document mustLob U09.i5
be prominently Wed. �W1106
BURKE COi "1 TION GROUP, INC 3Fi9.15
BURKE CONSTRUCTION GROUP, INC. Trans date: 8/22/14 Tieie: 15:47:32
3210 FLAGLER AVE
KEY WEST FL 33040
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