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Item C28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10, 2014 Division: Public Works/Engineejiqg_ Bulk Item: Yes X No Department: Project Management Staff Contact Person/Phone#: Kevin WJ1jQn X8797 AGENDA ITEM WORDING: Approval of a contract with Greentech Group Solution, LLC for the sanitary sewer connections at the Marathon Courthouse, Marathon Sub-Station, Clerk of Courts office, and Marathon Library. This project is funded by the one-cent infrastructure tax. ITEM BACKGROUND: The Monroe County owned properties in the City of Marathon .are ready to be connected to the vacuum sewer collection system. On October 21, 2014 three proposers responded to a Request for Proposals for the connections, with Greentech Group Solutions, LLC submitting the lowest proposal. PREVIOUS RELEVANT BOCC ACTION: On May 15, 2013 the BOCC approved a Contract with K2M Design, Inc. for the design through construction administration services for the Marathon sewer connections. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $69,500.00 .INDIRECT COST: . BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: —,.— N/A—""1— COST TO COUNTY: $69.500.00 SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH-- Year APPROVED BY: County Atty (XIB/PurchMsi rig _�� Risk Managenienv& DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Greentech Group Contract 4- Effective Date: 12/10/14 Expiration Date: Contract Purpose/Description: .-.. ..e ..w ub-st._�............Marathon Li _ �'� lerk Marathon Courthouse,Marathon Sheriffs Stab station,Marathon I for and mm.. a C.. aCot�rt s oticcs corincti.ns tatt sevwrrm ITtrt Contract Manager: Ann Ri ear __ X4439 I'sro� t Mrrlt/"Sto #1 (Name) (Ext.) (Department/Stop#) for BOCC rneetirw on 12/l0/14 A nda Deadline: 11/21/14 CONTRACT COSTS Total Dollar Value Budgeted? Y s® a Contract:] Accoun69Codess: 3U4-2300 5 q63 PE1301-530340 ent Year Portion: $ 0 g Grant: $ N/A - County Match $ ADDITIONAL COSTS Estimated Ongoing Costs:$ /yr For: TMlot included in dollar value abovel do �naantenance,wiliti a,"a iuw all.sutaries,etc„I CONTRACT REVIEW Changes Date Out Date In Needed vie Division Director Yes[]Now m...... ..__.. . ... ...._ Risk Management Yes[]No[:] . N ,r 0:1�� `/Purch ,sing �_ ('1 Yes❑NoE� County Attorney//-. r;,y Yes[:]Nd Comments: OMB Farm Revised2/27/01 MCP#2 Agreement Between Owner and Contractor Where the basis of payment is a S TIPULA TED SUM AGREEMENT Made as of the Tenth Day of December, Two Thousand and Fourteen BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Greentech Group Solutions, LLC 88005 Overseas Highway#10-165 Tavernier, FL 33070 For the following Project: Marathon Courthouse Sanitary Sewer Improvements Scope of the Work The Scope of Work consists of: the installation of a new sanitary sewer collection system to serve the courthouse and adjacent substation, Clerk of Courts office and nearby library. There are a total of four buildings. The collection system consists of four sanitary sewer manholes, with approximately 380 linear feet of 8 inch sewer main, approximately 100 linear feet of 4 inch sewer laterals, cleanout, backwater valves, a vacuum pit, air intake, and all appurtenances for a complete system. The project also includes asphalt trench restoration, restriping of the parking lot and septic tank I drain field abandonment. Testing of the collection system is required. Project Management: C. Michael Nalepa 1100 Simonton Street Second Floor-Room 2-216 Key West, Florida, 33040 The Architect is: K2M Design 1001 Whitehead Street Key West, Florida 33040 November 19, 2014 AGREEMENT Page 1 of 44 The Owner and Contractor agree as set forth below. ARTICLE I The Contract Documents: The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary and other Conditions), Dmzvin0e. Speuifivatione, 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. ARTICLE 2 The Work of this Contract: The Contractor shall execute the entire Work described |n the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 Date mf 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 ofthe entire Work not later than SIXTY (60) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work ¢f the contract orofspecified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Cmnnp|mUmn Date for all xvork, modified by all approved extensions in time as set forth by the Director ofProject Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table be|mvv shall be utilized to determine the amount Vf liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$5U.00O.00 $50.00/Oay $100.00VDay $250.00KDuy $50.000.00`99.989.00 100.00/Omy 200.00/Dey 750.00/Dmy $100,000.00-409.980.00 200.00/Oay 500.00/[)ay 2.000.00/{]my $5OD,ODO.OQ and Up 500.00/Oay 1.000.00/Oay 3.500.00/[)ay Contract Sum: 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum ofSixty-Nine Thousand Five Hundred Dollars and 00/100 Dollars ($69,600.00), 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 |n the Contract Documents and are hereby accepted bV the Owner: Alternate# 1: No Alternates Specified 4.3 Unit prioms, if any, are as follows: NIA ARTICLE 6 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 au provided below and elsewhere inthe 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. 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 0f Values submitted by the Contractor |n accordance with the Contract Documents. The Schedule Of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported bv such data 1D substantiate its accuracy aS the Director ofProject Management may requine. This schedule, unless objected to by the Director OfProject Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment oho|| indicate the percentage of completion of each portion of the Work osnf the end of the period covered bv the Application for Payment. 5.6 Subject tmthe provisions cf the Contract Documents, the amount mf each progress payment shall be computed msfollows: 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 naCeinoQeof Ten Percent 1096. Pending final determination of cost 10 the owner¢f changes iD the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit toba allowed bythe Contractor to the Owner for e deletion or change which results ina net decrease in the Contract Sum shall be the net cost tUthe Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item im the Approved Schedule of Values for that line item as confirmed bythe Director of Project Management. When both additions and credits covering related Work orsubstitutions are involved |na change the allowance for overhead and profit shall be figured mn the basis of net increase, if any, with respect bm 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 imxvriUng). less retaimage; 5.0.3 Subtract the aggregate of previous payments made by the Owner; and 5.8.4 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 F{etGi08ge0f1O96will be withheld in accordance with section 218.735 (O(b)' Florida Statutes. 5.8 Reduction or limitation of mstGinage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction RetainoQe''. Reduction or limitation ofretaina0e, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project&1anagenmen1 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the . Owner to the CnUt[GCtOr 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 1222nf 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 ofProject Management. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027 are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit ofDebts and C|a|nno (5) Contractor's Affidavit of Release mfLiens (0) Final Release ofLien (7) Contractor mhgU provide two (2) hard 00p|eo in tabulated divided binders and one (1) indexed electronic copy on CD 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. 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 bo mpnovisimn of the General Conditions or another Contract Document, the reference refers to that provision oo amended orsupplemented by other provisions of the Contract Documents. 7.2 Payment shall bemade according tV the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: /\s described inArticle 34of the General Conditions 7.4 Monroe County'sperformance and obligation to pay under this contract iecontingent upon an annual appropriation bv the Board of County Commissioners. 7.5 A person or affiliate who has been placed onthe convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services toa public entity, may not submit a proposal Vng contract with m public entity for the construction or repair of a public building or public work, may not submit proposals on leases of nam| property to public enUtv, may not beawarded or perform work as nontroctor, eupp|ier, subcontractor, or consultant under o contract with any public entity, and may not transact business with any public entity in excess nf the threshold amount provided in Section 287.O17. for CATEGORY TWO for a period uf3O months from the date of being placed on the convicted vendor list. 7.8 The following items are included in this contract: a) Contractor shall maintain all books. records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives ah8U 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 6m||oxv|ng the termination of this Agreement. If on 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 Lmvv. Venue. Interpretation, Coate. and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida mpp||omb|e to contracts made and hzbe performed entirely inthe State. |n the event that any cause ofaction Vr administrative proceeding is instituted for the enforcement mr 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 Countv, 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 ){V| of this agreement. c) Sevm bi|ity. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent bvm court of competent jurisdiction, the remaining terms, covenantn, conditions and provisions mf this Agreement, oho|| not be affected thereby; and each remaining term, oomanant, 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 ternos. 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 e 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 inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing podv Sh2|| be entitled to reasonable mttVrney'eDaas and court costs an an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e\ Binding Effect. The terms, uovenantm, 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. 0 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 |mxv. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement free|y, voluntarily and with advice of counsel. Q\ Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, oeek, and obtain federal and state funds to further the purpose of this Agreement; provided that all opp|ioadono, naquesta, grant pnopoam|o, and funding solicitations shall be approved bv each party prior tosubmission. 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 Vf each uf the parties. |f the issue or issues are still not resolved tothe 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 |evv. This Agreement is not eoNeut to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted oQoinaf either party relating to the formation, executimn, pedbrrnance, or breach of this Agreement, County and Contractor agree to porticipate, to the extent required by the other partv, in all proceedings, hearings, processes, meetings, and other activities related to the substance ufthis Agreement or provision of the een/iuee 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. U Nondiscrimination. County and Contractor oQpem that there will be no discrimination against any pen;nn, 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 nm the part nf any party, effective the date ofthe court order. County November 19. 2O14 AGREEMENT Page 6of44 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 V| of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title |)( of the Education Amendment mf 1972` as amended (20 USC ss. 1601- 1683, and 1685-1685), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of1973. as amended (20 USCa. 794), which prohibits discrimination onthe basis of handicaps; 4\ The Age Discrimination Act of 1975. as amended (42 U8C 8S. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as annended, relating to nondiscrimination on the basis of drug abuse; 0) The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act mf187O (PL 91-616), as arnended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912. ma. 523 and 527 (42 USC es. 690dd-3 and 290ee-3), as anmended, relating to confidentiality of alcohol and drug abuse patient records; O\ Title V||| of the Civil Rights Act of 1968 (42 USC a. et seqj, as amnended, relating to nondiscrimination in the ea|e, rental or financing of housing; 8) The Americans with Disabilities Act of 1990 (42 U8Cm. 1201 Note), as maybe amended from time to tinne, relating tonondiscrimination on the basis ofdisability; 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 ofNoInterest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner Ordegree with its performance under this Agreement, and that only interest ofeach is to perform and receive benefits as recited in this Agreement. 0 Coda of Ethics. County agnamm 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, ragmrdimg, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public poaition, 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 pemaqn, other than o bone fide employee working solely for it, to solicit or secure this Aonsernemt and that it has not paid or � agreed to pay any person. company, corporation, individual, or firm, other than a bona fide � employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without ||mb|||h/ and, at its d|mcret(0n, 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 nnotehG|s in its possession or under its control subject to the provisions of Chapter 119, Florida Statutea, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the � right to unilaterally oonoa| 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 10 perform the service. � November /y. 2014 *Gr«EEm/Em / Page 7 of 44 (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and atmcost that does not exceed the cost provided in this chapter Vras 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 ntmnsd 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 Statubea, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance ooveraAe, self-insurance coverage, or local government liability insurance pool coverage oho|| not be deemed a waiver Of immunity tothe extent Vfliability cowerage, nor shall any contract entered into by the County be required to C0Oh3iO any provision for waiver. p\ Privileges and Immunities. All of the privileges and immunities from |iabi||[y, exemptions from |avvs, mrdinanmae, and rules and pensions and re|ief, disabi|i1y, 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 oh@|| apply to the same degree and extent to the performance of such functions and duties of such officers, agentS, vo|unbeere, or employees outside the territorial limits Cf the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional orStatutory 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 mfactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or neopons|bi|ity. Further, this Agreement is not intended to, nor nhm|| it be construed as, authorizing the delegation of the constitutional or statutory duties of the Countv, except to the extent permitted by the Florida oonatdution, state statute, and case law, h Non-Reliance by Non-Parties. NO person or entity shall be entitled to ns|y upon the � terms, mr any of them, of this Agreement imenforce or attempt toenforce any third-party claim ur � 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 a0ent, officer, or employee of either shall have the authority to inform, :Vunee|, or otherwise indicate that any particular individual or group of individuals, entity orentities, have aniit|annanto 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. m0 Attestations. Contractor agrees to execute such documents as the County may reasonably require. to include a Public Entity Crime Statement, an Ethics Statement, and G Drug-Free Workplace Statement. U No Personal Liability. No covenant mr agreement contained herein shall be deemed � to be a covenant or agreement of any nnenmber, offioer, agent oremployee of Monroe County in November 19. 2D14 AGREEMENT Page 0of44 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 bv 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 token together mho|| constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Hern|eoe and Indemnification. Notwithstanding any nninirnu[n insurance requirements prescribed elsewhere in this mgneennent. Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any o|oirna, actions or omueeo of motion. (ii) any |itiQation, adrn|n|atro1|we prooeedingm, appellate prooeedinQs, or other proceedings relating to any type of injury (including death). |oss, donmage, fine, penalty or business interruption, and /iii\ any costs or expenses that may be asserted aga|med. initiated with respect to, or sustained by, any indemnified party by Fe8sVM of, or in connection with, (A) any activity mf Contractor or any of its employees, @gents, 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 Aoreernent, except to the extant the o|ainnm' actions, causes of action, |bigabnn, prmmo*dingg, 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 mothe o|aimo, actiono, oeunem of action, |1t|Qatiom, prucaedingo, costs or expenses relate to events orcircumstances that occur during the term nf this Agreement, this section will survive the expiration Ofthe term 0f this Agreement nr any earlier termination ofthis Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the 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 vvGr[8ntS that the Contractor Gh@U 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 dO||8rS ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. xx) Section Headings. Section headings have been inserted in this Agreement ma o � matter ofconvenience of reference only, and it is agreed that such section headings are not � part of this Agreement and will not be used in the interpretation of any provision of this � Agnaennert. /d Disadvantaged Business Enterprise (OBE) Policy and Obligation. |tiSthe policy of the County that [JBE's, as defined in C.F.R. Part 26. as annended, shall have the opportunity to � participate in the performance of contracts financed in vvhm|e or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and neQu|uboms apply to this Agreement. The County and its Contractor agree to ensure that [}BE'o have the � opportunity to participate in the performance of the Agreement. In this na0and, all recipients and � � contractors shall take all necessary and reasonable steps in accordance with applicable federal | November 19. 2O14 AGREEMENT Page 9of44 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: Construction Drawings: C-1, C-2, C-3, C-4, C-5, C-6 b) Project Manual: September 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. 9.13 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: 9.1.6 The Addenda, if any, are as follows: Number Date Pages 1 October 7, 2014 3 9.1.7 The Alternates, if any, are as follows: N/A END ALTERNATES This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. November 19, 2014 AGREEMENT Page 10 of 44 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/Chairman Date (SEAL) CONTRACTOR GREENTECH GROUP SOLUTIONS,LLC Attest: By: . By:� Print Narne: Alm Print name: Title: Title: Date: 1U Date: 11,2rj,l And: By: MONROE COUNTY ATTORNy Print Name A01PR VED AS TO F Title: R Date: ATIEEEiNE S ASSISTANT COUNTY ATTI l L EY TA OF FLORA N'TY IF 'zo f On this 1* day of,JV ,201 before me,the undersigned notary public, Personally ap red ,fi n 0w 7 , , known to me to be the Person whose name is subscribed above or who produced 9*1— - 01 as Identification, and acknowledged that he/she is the person who executed the above Contract with Monroe County for the Marathon Courthouse Sanitary Sewer Improvements for the purposes therein contained. Notary Public( 1 Print Name My commission expires: Seal PAilSAOL WODWWOOEV44130 EViP :PWWW7.2016 Bwau�uad'rls�tl��P � November 19, 2014 AGREEMENT Page 11 of 44 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS: 1.1 Basic Definitions 11.1 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. November 19, 2014 GENERAL CONDITIONS Page 12 of 44 1.2.3 The intent of the Contract Document keto include all items necessary for the proper execution and completion of the Work bvthe 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 ofWork tmbe performed bv any trade. 1.2.5 Unless otherwise stated in the Contract C)Vourmmntm, words xvM|oh have xve||-hnovvn technical mr construction industry meanings are used inthe Contract Documents inaccordance 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 tobe executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontnactor. Sub-subcontractor or material or equipment supplier shall mvvn or claim o 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 Subcontnmotor. Sub-subcontractor or material or equipment suppliers unless they are granted e limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use |nthe execution oftheir . Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notime, if any, ahmvvn on the [}naxvin8e. Specifications and other documents pm*pon»d by the /\nohiheu[. Submittal or distribution to nnem{official regulatory requirements or for other purposes in connection with this Project iGnoltobeConmtrued ag publication iD derogation of copyright mr other reserved rights � 1.3.2 Unless otherwise provided inthe Contract Documents, the Contractor will bafurnished, two /2\ original sealed copies and one (1) electronic copy nf Drawings, Specifications and the � x F'r~�eotK88nu8|fmeeofchargefor1he execution Dfthe Work. Additional copies may beobtained � from Project K8mn@gemnerdofefe$ of$5.00 per page for full size drawings (25 per page for � written specifications mr11^x17" draxv|ngs)' � 1.4 Capitalization � 1.4.1 Terms capitalized |m these General Conditions include those which are (1) specifically defined, i2> the titles of numbered articles and identified references to Paragraphs, | Subparagraphs and Clauses in the document 0r (3) th�tid�aofC�hmrdoouno�ntapmbD��dbv | ^ ' - � the American Institute CfArchitects. 1.5 Interpretation | | momarnberl*' 2014 GENERAL CONu/ / /uNo Page 13 of 44 , 1.5.1 |O the interest 0f brevity the Contract Documents frequently omit modifyingwords such as "aU" and °any" and articles such as "thna" and ^an." but the fact that a modifier oran article im 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 |s Monroe County. The term °Ovxner" means the Owner mr 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 Qrn|taUnns 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 b} avoid delay 1n 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. 2.2.8 The Owner shall forward all communications tothe 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[o Article 0 (Construction by Owner Orby � Other Contractors), Article Q (Payments and Completion) and Article 11 (Insurance and Bonds). ' � 2-3 Owner's Right to Stop the Work � 2�3�1 If the(�on� � VV� �rf�i|�� correct Work is not in accordance vviththe requirements of � the contract Documents as required by Paragraph 12.2or persistently fails ho carry out Work|n 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 orentity. � 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 � November 19, 2014 GENERAL CONDITIONS Page 14of44 ' notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours' notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and contractor is required to rectify deficiency immediately. 3.0 CONTRACTOR: 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Project Management and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Project Management or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the November 19, 2014 GENERAL CONDITIONS Page 15 of 44 Work under this Contract, subject to overall coordination of Project Management as provided in GubparmQrapho4.8.3 and 4.8.5. 3.3.2 The Contractor shall beresponsible to the Owner for acts and omissions ofthe Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.8.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties QfProject KHgnGAennent in its administration of the Contract, or by test, inspections or approvals required nr performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions mf the Project related tothe Contractor's Work|n order 0o determine that such portions are im proper condition hJreceive 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 Duounnenta, the Contractor shall provide and pay for labor, nnateria|m, equiprneot, tools, construction equipment and manhinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to ba incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe pneot|oes, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined 1nbe detrimental tothe Project, as deemed by Pr jmnt Management, the Contractor will remove and/or replace the employee et the request ofProject Management. Employees dismissed from the project vvi|| befransported8omn1he 'mb site stthe Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for corop|ehe, bmno|y and accurate field measurements as necessary for proper coordination, fabrication and installation of his nnobaria|s and equipment. The Contractor agrees to cooperate with Project Management, if naquinad, to accommodate any discovered variations ordeviations from the Drawings and Specifications mp that the progress of the Work isnot adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants tothe [)vvner. Project Management and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming tothese requirements, including November 18. 2Q14 GENERAL CONDITIONS Page 16of4W substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. |f required hy Project K8anagernent. the Contractor shall furnish satisfactory evidence ustothe hind and quality of materials and equipment. 3'6 Taxes 3.61 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received mr negotiations concluded, whether or not yet effective or merely scheduled togo into effect. 3'7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and paV for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project fOr|heprOpe[e&ecUti0nandoonlp|etiomofthe Work which are customarily secured after execution ofthe 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, e|ectr|cal. H\A\C. etc. 3.7.2 The Contractor shall comply with and give notices required by |aws, ordingmceo, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project K8amagemnem[. Arohitectand Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 |f the Contractor performs Work knowing it to bm contrary t0laws, otGtutes, ord|monC8s, building codes, and rules and regulations without such notice tu Project K8anegernent. Arch|tect and Owner,the Contractor shall assume full responsibility for such Work and shall bear the attributable coots. 3'9 Superintendent 39.1 The Contractor shall employ a competent superintendent and necessary assistants who shall bein attendance at the Project oitedu,inQperfmrnnamoeoftheV\ork. The superintendent shall represent the Contractor, and communications given to the superintendent shall beas binding aGif given tO 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 tn Project Manogenment and shall not be changed except with the consent ofProject K8emagennent, unless the superintendent proves to be unsatisfactory t0 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 aC0ntraotor'm Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract [)oounnents, shall be revised at appropriate inbyn/a|m as required by the conditions of the Work and Project, sha|| bere|ated to the entire Project cmnmtrucUOnschedu|eb3the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, tobe submitted within fourteen (14) days after Contract November 19, 2014 GENERAL CONDITIONS Page 17 of 44 Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised ggrequired by the conditions of the Work, and shall be subject to Project Management's approval. 3.10.2 The Contractor shall cooperate with P jectW1ana0ennentin scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work ofother Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 Project Management will schedule and conduct a p jeotrnamtingmtann|n|rnurnofone meeting per month in each month which the Contractor shall attend. Ai this meeting, the parties can discuss jointly such matters aoprogress, schedu|ing, and problems. 3-11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda. Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Dravv1ngg, Product Data, Samples and similar required subrnitto|s These shall be available tm Project K4anaQernentandArChite(t and shall be delivered to Project W1unagernent for submittal tO the Owner upon completion Of the Work. 3'12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work bvthe Contractor OrG Subcontractor, Sub-subcontractor, roanufmntunmr, supplier or distributor to illustrate some portion of the Work. � 3.12.2 Product Data are illustrations, standard schedu|es, performance charts, instructions, � bnnchunee, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion nf the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment orworkmanship and establish standards bx which the Work will be judged. 3.12.4 Shop 0ram/inQe, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal |sto 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 concgot ��pr�aa�� inth� (�ontr�� [}ocunn�nt�� F��vi�vvby Project � . . Management is subject hJ the limitations Of Subparagraph 4.O.12. � 8.12.5 The Contractor shall review, approve and submit to Project N4anagennent. inmccordmnce � with the schedule and sequence approved bv Project K8gng0ernent. Shop [)nevvingo. Produ(f Data, Samples and similar submittals required by the Contract Documents. The Contractor \ shall cooperate with Project K4anaQennentinthecoondinotionoftheContrmotor'sShop Drawings, Product Data, Samples and similar submittals with related documents submitted by � other Contractors. Submittals made by the Contractor which are not required by the Contract � Documents may be returned without action. � 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of � � Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project K8anagemnant. Such Work shall bein accordance with approved submittals. | Noxember19. 2014 GENERAL CONDITIONS Page 18of44 � 312./ By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements ofthe Work and of the Contract Documents. 3.12.0 The Contractor shall not be relieved of responsibility for deviations from requirements mf the Contract Documents bV Project K4anaAennontappnovm| nfShop [>ravvinQs. ProdWutDetm, Samples or similar submittals unless the Contractor has specifically informed Project Management and Architect in writing of such deviation at the time of submittal and Project Management have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Project&1enagernent'oap9rova| thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop [}navvinQn. Product Data, Samples or similar submittals, to revisions other than those requested by Project Management and Architect op previous submittals. 3.12.10 Informational submittals upon which Project K8onogernentansnotexpeotadtotaka responsive action may beoo identified in the Contract Documents. 3.12.11 When professional certification Cf performance criteria of materials, systems or equipment la required bv the Contract Documents, Project K8ano0ernentondAnchiteotshaUbe entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 |f materials specified in the Contract Documents are not available Vnthe present market, the Contractor may submit data on substitute materials t4 Project K8omagernentfor approval by the Owner. 3-13 Use of Site 3.13.1 The Contractor shall confine operations at the site tV areas permitted by |avv, ordinanoem, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project K0onagennenƒ beforeus|mg any portion of the site. 3.14 Cutting and Patching � 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work asrequired. 3.14.2 The Contractor shall not damage Vr endanger g portion of the Work or fully mr partially completed construction of the Owner's own forces orof other Contractors by cutting, patching, � excavating or otherwise altering such construction. The Contractor shall not cut urotherwise alter such construction by other Contractors mrby the Owner's own forces except with written consent of Project K8an@Aernent. OxvnerandsUchothe[contra:torS: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other � Contractors or the Owner the Contractor's consent to cuffing or otherwise altering the Work. � When structural members are involved, the written consent ¢f Project K8anagGrnerdohaiUo|aobe required. The Contractor shall not unreasonably withhold from Project N1an@0ennentoreny separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts' cutouts, oropenings required for the installation Of his materials and equipment and the execution of his work, whether ur not shown or indicated om the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such hlonh-nut, cutout opening, nr other hole in any fire-related floor, oei|iDg, wall, security wall, Or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials 0r rubbish caused by operations under the Contract. At completion of the Work the Contractor oho|| remove from and about the project waste rno0mria|s rubbish. the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction wf the Owner or Project K8onagannemt. 3.15.2 |f the Contractor fails toclean up as provided in the Contract [}oounnents. Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3'16 Access 1oWork 3.16.1 The Contractor shall provide the Owner, Project K8mnagernmntandArcUKanteoceosto 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 ehe|| hold the Owner, Project Management and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and P jeotKHanaQernent. 3'10 Indemnification and Hold Harmless 3-18'1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend. 1ndernn|h/and hold the [}OUNTYand the C�C]UNTY'o � ^ � elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action, (|D any litigation, administrative proceedings, appellate pn]ceedings, or other proceedings relating tn any type Of injury(iDclUdiDgdeadh). |oSs. dannoge. fine. penm|tvor 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 orwillful misconduct of Contractor or any ofits 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 o|ainmn, mctionm, causes of action, |itigation, prnceedinQg, 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 o|minna, 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. November 19, 2014 GENERAL CONDITIONS Page 20 of 44 � � � / In the event that the completion of the project 0o include the work of is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and ohmU indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten do||ena ($10D0) of remuneration paid to the Contractor is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT: 4'1 Arch ihmcUEngimeer 4.1.1 The Architect and for Engineer iSthe person |avvfmUy licensed to practice architecture/engineering orany 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 '^&rohitect' means the Architect or the Architect's authorized representative, 4.2 Project Management 4.2.1 Project Management is the person nr entity identified ae such im the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Project Management" means Monroe County Project K8amagernentDepartmentnrProject Management's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Project K8anaQernentandArch|tgot as set forth in the Contract Documents shall not be nestr|cted, modified or extended without written consent of the Owner, Project K8anagernent. ArchihyctondContrautur. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint mnArchitect whose status under the Contract Documents shall be that of the former Architect. 4'6 Not Used � 4'6 Administration of the Contract 4.0.1 Project Management and Engineer will provide administration Of the Contract as described in the Contract Documents, and will bm the Owner's representatives (1) during construction, (2) until final payment is due and (3)with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2 Project Management and � Em0ineerw/i|| advise and consult xviththe CJvvnerand will have au[horitv1omc1mnbehm|fof1he � . Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. ' 4.0.2 Project Management and Engineer will determine in general that the Work is being � ^ � performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. November 19, 2014 GENERAL CONDITIONS Page 21 of 44 4.8.3 Project Management will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work ofthe Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Project KAana0emnentandOwxnerin reviewing their construction schedules when directed todoso. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules tobe used bvthe Contractor, other Contractors, Project K8amaQenmentand8leOvvnerunti| subsequenUyrevised. 4.6.4 Not used. 4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will bein accordance with the Contract Documents. However, Project W1@nGyennant will not be required tomake exhaustive or continuous onsiteinspections to check quality or quantity of the Work. Om the basis of on-site observations asan architect, Project K8anagenmemt will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.0 Project Management will not have control over or charge of and will not beresponsible 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 K8ona0mnnentnorthG Architect will have control over, or charge of, orbe responsible for acts or omissions ofthe 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 0r when direct communications have been specially authorized, the Owner and Contractor shall communicate through Project K8anmQennent. andoha|| contemporaneously provide the same communications tO the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project &4anaQernent and shall becontemporaneously provided to the Architect. 4.6.8 P je:tK8anm0enmentvvi|| naviavvandmyrt|fvaUApp|icat|onsforPayrnentbmthe � Contractor, including final payment. Project Management will assemble each 0fthe 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 Paynnant, along with the applicable Contractors' . Applications for Payment, will be processed by Project K8anoBemnent. 4.6.9 Based om Project h8anagennent'nobaervetionaandevmluatiVnsmfContrao1ons' Applications for Payment, Project K8anagernentm/i|| oedifxthearnounbsduetheCmntrantors and ` will issue a Project Appnoxa|hJrPaynoent. ! 4.8.10 Project Management will have authority to rejectWork which does not conform tothe Contract []oournenba, and to require additional inspection or testing, in accordance with � Subparagraphs 13.5.2and 13.5.3, whether 0r not such Work iafabricated, installed or cornp|eted, but will take such action only after notifying Project Management, Subject to review, November 19, 2014 GENERAL CONDITIONS Page 22 of 44 Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project M@mogementconmideraitneneeaaryorgdvkaabkefor implementation of the intent of the Contract Documents, Project Management will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority nf Project m1anagernen1vvi|| beauhiecttotheprovisionsofSubpana8raphs4.O.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Project K8mnogemnent'oauthmhh/toautunderthim Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, mr other persons performing any of the Work. 4.0.11 Project Management will receive from the Contractor and review and approve all Shop Drmwinga. Product Data and 8arnp|ee, coordinate them with information received from other Contractors, and review those recommended for approval. Project Management actions will be taken with such reasonable promptness aoto cause mo delay in the Work of the Contractor or |n the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Smnmp|es, but only for the limited purpose of checking for conformance with information given and the design concept expressed inthe Contract Documents. Project Management action will be taken with such promptness consistent with the constraints mf the project schedu|mooaa0ocausenude|ayin the Work of the Contractor orinthe activities of the other Contractors, the Owner, orProject Management, while allowing sufficient time to permit adequate review. Review¢fsuch submittals |e not conducted for the purpose of determining the accuracy and completeness 0f 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 ms Contractor aa required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval nf safety precautions � or, unless otherwise specifically stated by Project N1enoQennent. ofenynonctrvut|Vnnneane. � methods, techniques, sequences orprocedures. Project Management's approval ofespecific � item shall not indicate approval ofen assembly of which the item is acurnpOnenL � 4�6�13Pr ' -xectN1@nagementvxiUprepare Change (�rdernand Construction Cha nge� 4.6.14 Fn||Oxving consultation with the OkND8[' Project Management will take appropriate action On Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes iO the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates Of Guhstgmtial completion and 5nm| connp|etiun, and will receive and forward to Project � Management written warranties and related duournemte required by the Contract and assembled � by the Contractor. Pr jen1 Management will review and approve afina| Project Application for Payment upon compliance with the requirements of the Contract Documents. � 4 G 1� Project K4�noQ�nnentvxi|| provide one or more project representatives to assist in � . � . `` �-, carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in | the Contract Documents. � | November 19. 2014 GENERAL CONDITIONS Page 23 of 44 � | / 4/5]8 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. |fno agreement is made concerning the time within which interpretations required of Project ManogennentmhaUbefurninhedinoonnp|ianoexxiththim Paragraph 4.6. then delay shall not be recognized on account cf failure bv Project yWanagmmnent to furnish such interpretations until 15 days after written request ia made for them. 4.6.19 Interpretations and decisions of Project K8ona0ernentvvi|| hecqnsistentvviththainban1of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decieions. Project Management will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality toeither and will not be liable for results of interpretations ordecisions so rendered in good faith. 4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final J consistent with the intent expressed in the Contract Documents. 4'7 Claims and Disputes 4.7.1 Definition. A Claim ima demand or assertion byone of the parties seeking, aS8matter of right, adjustment or interpretation mfContract terms, payment 0f money, extension of time Vr other relief with respect bo the terms of the Contract. The term ^C|oirm'' also includes other diapmbaa and matters in question between the Owner and Contractor arising out 0forrelating to the Contract. Claims must be made by written notice. The responsibility to substantiate C|oirno shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project K0gn@gennenfsha||trytoresO|vethe 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 bedecided by the Circuit Court. 1/1» Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims bv either party must be made within 21 days after occurrence ofthe event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever |slater. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent 10 any other legal action orsuit. 4.7.4 Continuing Contract Performance. Pending final resolution of Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance Qfthe Contract and the Owner shall continue to make payments in accordance with the Contract Documents. � 47.5 Waiver of Claims: Final Payment. The making Vf final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, C|a|rns. security interests or encumbrances arising out ofthe Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.0 Claims for Concealed or Unknown Conditions. |f conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially | November 19. 2O14 GENERAL CONDITIONS Page 24of44 from those indicated in the Contract Documents or GBunknowvn physicalconditions ofgn unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent|n construction activities nfthe character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. }f the Contractor wishes to make Claim for am increase in the Contract Sum, written notice as provided herein shall be given before proceeding tOexecute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 |f the Contractor believes additional cost ia involved for reasons including but not limited to (1) avvritten interpretation from Project Management, (2) a written order for e minor change in the Work issued bv Project K8anmgemnemt. (3) f@i|uneof 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. |f the Contractor wishes to make Claim for am increase inthe Contract Time, written notice as provided herein shall begiven. 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 onthe scheduled construction. 47.9 Injury or Damage bmPerson or Property. |f either party bz the Contract suffers injury or damage tn person ox property because ofom act or omission ofthe other party, of any ofthe 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 m 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 C|mirn for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.77or47.8. � 5.0 SUBCONTRACTORS: � 6'1 Definitions � 5.1.1 A Subcontractor|s@ person or entity who has direct contract with the Contractor to perform a portion of the Work mt the site. The term ^Suboomtroctor' in referred to throughout the � Contract Documents as if singular in number and means a Subcontractor or an authorized � representative ofthe Subcontractor. The term ~8ubcontrmctmr" does not include other Contractors 0rsubcontractors of other Contractors. 5.1.2 A Sub-subcontractor ism person or entity who has e direct or indirect contract with m Subcontractor to perform a portion of the Work sd the site. The term '^Sub-eubcontrantor^ ia referred bn throughout the Contract Documents aeif singular in number and means a Sub- subcontractor ormmauthorizednepneaentetixenfUle 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 bv the Owner and Project K8anagement1henennesofpenanms or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion Vf the Work. Project Management will promptly reply tm the Contractor in writing stating whether or not the Owner or Project yW@nagemment. 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 tm xvh|oh 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 K8anagernenthamOnade reasonable objection. 5-23 |f the Owner or Project K8anagememtrefuGestmeoceptanVpensunorentib/ onm |ist submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall aubnnb an acceptable substitute; however, no increase in the Contract Sum shall ba 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 N1mnegonnentmnahmanaamonmb|eobimo1iontomuchchenge. 6.3 Smbcmmtram1maURe|at|oms 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work tobm performed bv the Subcontractor, ƒmUe bound to the Contractor by terms 0f 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 ofthe Owner mr Project K8onagenmentunderthe[:ontnactDocurnemtsm/ithnespeottmtheVVorktnbe performed by the Subcontractor sw that subcontracting thereof will not prejudice auChrightS. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-oubnontramturo. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request ofthe Subcontractor, identify tO the Subcontractor terms and conditions nf the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies Vf applicable portions of such documents available tO their respective proposed Sub-aubcontrmctoro. 6.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work ia assigned bv 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 inwriting; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. i. |f the work has been suspended for more than 3O days, the Subcontractor's compensation shall be equitably adjusted. November 19. 2O14 GENERAL CONDITIONS Page 36of44 6J0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS: 6'1 Owner's Right tm Perform Construction with Own Forces and hoAward Other Contracts 8.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered bV Project KHonaAennent. The Owner further reserves the right to award other contracts in connection with other portions of the Project oroDlexconstzucdionoroperationmon the site under Conditions ofthe Contract identical or substantially similar to these including those portions related toinsurance and waiver mrsubrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by ProjectK0anoQenlant. 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 b] coordinate his work with the work nf other contractors OUthe site. The Owner and Project KAana0ernentDha|| behe|dharnm|eG8hzr any and all costs associated with improper coordination. 6'2 Mutual Responsibility 5.2.1 The Contractor shall afford the Owner's own forces, Project Management and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Project K0anagennentGMy apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor mmto report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's VVork, except as to defects not then reasonably discoverable. 8.2.3 Costs caused bv delays nrby improperly timed activities ordefective construction shall � be borne by the <�on1noctor� The (�on�rm�o�s sole panneUyas against the {Jvvnerfor costs � caused by delays or improperly timed activities or defective construction shall be an extension of time. � 8.2. .�4 Tha (��ntrg��orohe|| pronnot|yremedydonnoAevvrmngfu||ycausedbytheContractorbo � completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. \ 0�2�5 Claims and other disputes and matters in question between the Contractor and other � contractors shall be subject tDthe provisions of Paragraph 4.7 provided the other contractors � have reciprocal obligations. � � 8.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching an are described for the Contractor in Paragraph 3.14. 8.2.7 Should the Contractor contend that heis entitled toan extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence nf the cause November 19, 2014 GENERAL CONDITIONS Page 27 of 44 � | of the delay, notify Project Management in writing, of his contention: setting forth (A)the cause for the delay, (B) a description ofthe 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 0f time requested shall bemade bv the Contractor to Project NYanaQennentxv|thin (72) hours after the delay has ceased tmexist. .1 |tioo condition precedent to the consideration or prosecution Cf any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to ummp|y, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no C|ginm against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension oftime. 6'3 Owner's Right tm Clean Up 6.3.1 |fadispute arises among the Contractor, other contractors and the Owner aatothe responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Project W4onagernentdeberrnineatV be just. 7'0 CHANGES IN THE WORK: 7,1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change C>inao{|we Or order for a nn|nVr 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 bythe Owner, Project K8anagarnen1andmayornmaynotb$ a0re$dtobytheContractor; an order for a minor change in the Work may be issued by Project &1amagernenta|one. 7.1.3 Changes |n the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed prommmt|y, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are eo changed ina proposed Change Order orConstruction Change Directive that application of such unit prices tn quantities 0f Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall hoequitably adjusted. � 7.2 Change Orders November 19. 2Q14 GENERAL CONDITIONS Page 28of44 7.2.1 A change Order is a written instrument prepared by Project Management and signedbv the Owner, Project W1anagementandContrmctorotatn0theira0reernentupnngUofthe following: .1 e change intheVVorh; .2 the amount of the adjustment in the Contract Sum, hany; and .3 the extent of the adjustment in the Contract Time, if any. ` 7.2.2 The cost or credit bo the Owner resulting from a change |n the Work shall bedetermined in one Or more Uf the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data topermit evaluation and payment, and approved bythe appropriate ,authority inwriting; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority inwriting; .] cost tube determined ina manner agreed upon bv the parties and mmutually acceptable fixed or percentage fee; .4 orbymethod provided in subparagraph 7.2.3. 7.2.3 |f none of the methods set forth in Clauses 7.2.1 or7.2.2 is agreed upon, the Contractor, provided o written order signed bx the Owner or Project K8anagenmentisnece|ved. gha|| prommt|y proceed with the Work involved. The cost of such Work shall then bedetermined by daily force accounts ina form acceptable tu the Owner and Project yNamagennent. The daily force account forms shall identify Contractor and/or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Project Management representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project K8ana8enoentxvitha|| suppVrtingdpCunnentationnaquinedbyProject Management for inclusion into m change order. Unless otherwise provided in the Contract Docunnento, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required bv agreement or custom; works' orworkmen's compensation insurance; and the rental value of 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 ms determined by Project K8amagenomnt. The amount of credit Uobm allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will bethe amount ufthe actual net cost tm the Owner as confirmed by Project K8onoQenment. 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 mn the basis mf the net increase, if any with respect to that change. 7.2.4 The ootuo| Coot of Changes in the Work may include all items of labor or nmaheria|, power t0O|s. and equipment actually used, uU|itieg, pro rote 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 to Owner as defined in section 5.6.1 of the Contract. Items considered mnoverhead shall include insurance other than that mentioned Novamber13. 2014 GENERAL CONDITIONS Page 29of44 above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); 2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent(10%). If the Contractor does not perform the Work, the'maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 Authority 7.3.1 Project Management will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 8.0 TIME: November 19, 2014 GENERAL CONDITIONS Page 30 of 44 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time isthe period oftime, including authorized adjustments, allotted |n the Contract Documents for Substantial Completion wf 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|sresponsible. 8.1.3 The date of Substantial Completion ia the date certified by Project yW$nagernentin 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 KAenagennentshaNbethe final judge as to whether Substantial Completion has been achieved and certifies the date bothe Contractor. 0.2 Progress and Completion 0.2.1 Time limits stated in the Contract Documents are ofthe 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 tmthe effective date of insurance required by Article 11tobe furnished bv the Contractor. The date Ofcommencement 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 YW8nagernend. ortheArchiteoUEngineer. orbymnymrnp|oyeeof either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, Orbv 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 Ovvner. Project &UenGQen1emƒ, orbyany other cause which Project Management determines may justify the delay, then the Contract Time shall be extended bVMO cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph O.2.7. � 8.3.2 Any claim for extension of time shall be made in writing to Project K8anmgementnotmore than Seventy-two (72) h0urs after the commencement mf the delay in accordance with paragraph6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days nf extension requested. |f the cause mf the delay is continuing, only one claim io necessary, but the Contractor shall report the termination nfthe oauneforthada|eyvv|thineexentv-twx) (72) houroeftersuchtermninationinoccordanoeVvith | paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be 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 |f the Project isde|oyed asa result of the Contractor's refusal Vr failure tn begin the Work On the date of commencement amdefined in ParaQn]phO.1.2, Ur his refusal ur failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay o|ainne from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION: 9.1 Contract Sum 9.1.1 The Contract 8unn is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to Project Management, a schedule of values allocated to various portions of the Work, prepared /n such form and supported by such data tu substantiate its accuracy ao Project K8aneQemnant may require. This schedule, unless objected tmby Project K8onaQernent. ehmUbeuoedmom 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 tV Project yWanmgenmentmnitemizedApp|ic@tionforPaymnen1forVVork 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 or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided |n the Contract Documents, payments shall be made mn account of materials and equipment delivered and suitably stored at the site for subsequent incorporation |n the Work. |f approved 1Dadvance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site Gtalocation agreed upon |n writing. Payment for materials and equipment stored VnOr off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's inteneot, and shall include applicable insunanoe, storage and transportation to the site for such materials and equipment stored off the site. November 19. 2O14 GENERAL CONDITIONS Page 32of 44 93.3 The Contractor warrants that title to all Work covered byan Application for Payment will pass bu the Owner nn later than the time ofpayment. 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, befree and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities nleh|ng a claim by reason of having provided |Gbor, materials and equipment na|mtinQ to the Work. All Subcontractors and Sub-subcontractors shall execute on agreement stating that title will so poae, upon their receipt of payment from the Contractor. The warranties are for the ' administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9'4 Approval for Payment 94.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the Project Management's receipt ofthe Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount aa Project Mana0ernmn1detmmninaiapropedydue. ornntifv1hmCuntrmotorin writing nf Project Manogernent'mneosonmforwithho|dingmppnovm| invxho|eurinparteaprov|ded in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by Project Management to the{)vvmer' based on their individual observations at the Site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of Project KxaoaQernent`shnovv|edge. information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject toan evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and 10 specific qualifications expressed by Project W1anmQernent. The issuance ofoseparate Approval for Payment will further constitute a representation that the Contractor is entitled to payment |n the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project K8aMageOle0tha8 (1) rDade exhaustive 0rcontinuous on-site inspections tm 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 1n 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. 9'6 Decisions to Withhold Approval � 9.5.1 Project Management may decline toapprove an Application for Payment if, inhis � Vpinion, the application is not adequately supported. If the Contractor and Project Management cannot agree on a revised ornmunt. Project Management shall process the Application for the amount it deems appropriate. P 'eotyWmnagenmmntmnaye|modedine to approve any Application for Payment because of subsequently discovered evidence or subsequent November 18, 2014 GENERAL CONDITIONS Page 33of44 inspections. It may nullify, in whole orpart, any approval previouslymade to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2)third party claims filed or reasonable evidence indicating probable filing of such claims; C8 failure ofthe Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to Project Management, the Oxvner, or another contractor working at the project; (0) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project K8anaQennent. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9'6 Progress Payments 9.8.1 After Project Manmgemnenthas |oeuadanApprOvG| forPayrnent. theOvvnerehe|| rnake payment in the manner and within the time provided in the Contract Documents, and shall so notify Project Wlunmgennent. From the total of the amount determined tobe payable onm progress paynnent, o retainmge in accordance with the Florida Local Government Prompt Payment Act, Chapter 218. F|urida Statutes will bo deducted and retained by the Owner until the final payment im made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 ltia understood and agreed that the Contractor shall not be entitled tm demand 0r 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 bx Project K8mnaQernenttubempadcf[hafin8|qumntitvh3rtheiteDl0fVVOdkiO question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, ast¢ quality Vr quantity. All progress payments are subject to correction Gtthe time of final payments, � 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the � Owner, out of the amount paid to the Contractor UD account Cf such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually � retained from payments tothe Contractor 0n account Qf such Subcontractor's portion ofthe � Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. � 9.6.3 P 'ectK8mneQenmentm/i||. onpequest. funniehtoa8uboontraCtor. 1fpraohcab|e. information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Project W1anagmnnentonmCCountofpVrUVns of the Work � done by such Subcontractor. , | 9.6.4 Neither the Owner nor Project K8anogementmhmUhavegnubUQaUon1mpay, ortoseeto. the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in g manner similar tm that provided in Subparagraphs S.U.2. B.O.3 and 8.O.4. 9.6.0Aprogress payment, or partial or entire use Oroccupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.0.7 All material and work covered bv partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed @s 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, oras a waiver of the right of the Owner or Project K8mnggernanttoroquinethgfu|fiUrnentof@|| the terms oJ the Contract. 9.0.8 Except in case my 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 et the site of the Project. The Contractor shall pay tm each ofhis Subcontractors, not later than the end of the calendar month in which each payment iS made tuthe 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 tomake payments bz his suppliers and Sub-subcontractors in@ similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress 0Y 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 tm include Gn item oD 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 KHanaQernentvi|| rn8keon 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 k4mno0ennent. The Contractor shall then submit a request for another inspection bV Project K8ona0ennon1. tod*termine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate mfSubstantial Connp|ation, aho|| establish responsibilities mfthe 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 bythe 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 he � 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 bv Project k8ana0emment. the Owner shall make payrnent, reflecting acUuntnnmn1 in ra1aimaQm, if any, for such Work or portion thereof as provided in the Contract [}oCmrnento. November 19, 2014 GENERAL CONDITIONS Page 36 of 44 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy oruse any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, prmvidedouohoocuponmVnruaeiouonwentedtmbytheinsureraan$qu1redunderSmbparagomph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed inwriting concerning the period for correction of the Work and commencement cf warranties required bV the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Project Management shall jointly prepare a list aa provided under Subparagraph 9.O.2. Consent of the Contractor topartial occupancy or use shall not bm unreasonably withheld. The stage Pf the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, bvdecision of Project K8anagemnerU. 9.8.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and Contractor shall jointly inspect the area t0be occupied or portion nf the Work tobe used inorder 10 determine and record the condition mf 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 ofthe Contract Documents. 9'10 FNmmU Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project KXanagemnert. findstheVVUrk acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis Of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found [Vbedue the Contractor and noted in said final Approval |w due and payable. Project Management's final Approval for Payment will constitute afurther representation that conditions listed in Subparagraph 8.10.2 an precedent tm the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project W1ana0emnent(1) anuOidavitthatpoyroUs. bi||eformnateria|amnd equipment, and other indebtedness connected with the Work for which the Owner urthe Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 3U 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 tn cover the period required bythe Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment orsatisfaction of obligations, such as receipts, re|emama and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027 of Project Manual) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD of all the following but not limited to: A .Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel, C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. 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 material men have been paid is for the protection and convenience of the Owner only, Unpaid subcontractors and material men 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 material men. 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 and coordination with the safety programs of other Contractors. November 19, 2014 GENERAL CONDITIONS Page 37 of 44 101.2 |n the event the Contractor encounters onthe site material reasonably believed tmbe 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 inthe 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 mr polychlorinated biphenyl (PCB), or when it has been rendered harnn|ess, by written agreement of the {)vvmer and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to oobmmtom or polychlorinated biphenyl (PCB). 10.1.5 |f reasonable precautions will bminadequate to prevent foreseeable bodily injury ordegth hz persons resulting from a material orsubstance encountered oM the site bv the Contractor, the Contractor shall, upon recognizing the oondition, immediately stop Work in the affected area and report the condition to Project K8@nagementinvvr|t|ng. The Owner, Contractor and Project Management shall then proceed |mthe same manner described in Subparagraph 1O.1.2. 10.1.6 The Owner shall be responsible for obtaining the services nfalicensed laboratory to verify o presence ¢rabsence of the material nr substance reported bythe Contractor and, inthe event such material Or substance io found tobe present, to verify that it has been rendered harmless. Unless otherwise required bxthe Contract Documents, the Owner shall furnish in writing to the Contractor and Project K8anegemen1thenames 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 K8anagarnentviUmnonmmt|yrep|yto1heOvvmerimwr|MnQ stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. |f the Contractor mr Project 01mnagennenthamonobiectiomk] apmroonnrentib/ 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 |maotw: .1 employees on the Work and other persons who maybe affected thereby; .2 the Work and materials and equipment to be incorporated 1herein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors orSub'oubnontnaotors; .3 other property utthe site or adjacent theretm, 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 bythe Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable |ovvs, ordinanoes, ru|aa, regulations and lawful orders of public authorities bearing Vn safety of persons or property or their protection from danne0e. injury or loss. 1O.23 The Contractor shall erect and maintain, esrequired 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. 1O.2.5 The Contractor shall promptly remedy damage and loss to property referred toin Clauses 10.2.1.2. 10.2.1.3. 10.2.1.4camsed in whole or in part bm the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may beliable and for which the Contractor im responsible under Clauses 10.2.1.2. 10.2.1.3ond 1O.2.1.4. except damage or loss attributable to acts oromissions of the Owner, Project N1onagemnentVrArnhitectoranyonedireoUynrindireot|yennp|oymdbymmy of them, mrby anyone for whose acts any nf them may be liable, and not attributable to the fault mr negligence of the Contractor. The foregoing obligations of the Contractor are in addition to. the Contractor's obligations under Paragraph 3.18. 10.2.8 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall bm the prevention ofaccidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Project Management. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded sooeto endanger its safety. ~ 10.3 Emergencies 10.3.1 |nan emergency affecting safety of persons nrproperty, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury orloss. Additional compensation or extension 0f time claimed bv the Contractor onaccount ofgn emergency shall bedetermined ag provided in Paragraph 4.7 and Article 7. 11.0 INSURANCE AND BONDS: 11 1.1 Prior to commencement nf Work governed hythis contract(including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in 8ectionOO11O Bid Form xvNoh are made port of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County G8 specified below. Delays imthe commencement of Work resulting from the failure of the Contractor toprovide satisfactory evidence mfthe required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed msif the Work commenced on the specified date and time, except for the Contractor'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 inany attached schedules. Failure 10 comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated orreplaced. Delays inthe 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 beimposed asJthe Work commenced on the specified date and time, except for the Contractor's failure tnprovide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County incare of Project K8an@gernentas satisfactory evidence of the required insurance, either Certificate mfInsurance Or A certified copy of the actual insurance policy 11.1.5 The County, o±its sole option, has the right torequest a certified copy of any orall 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 hU 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 � 113.1 A Public Construction Bond |n the amount nf 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 |fa portion mf the Work is covered contrary tu Project &1ana0ernent'svequentorto requirements specifically expressed in the Cmrdr@Ct OocurnentS, it must, if required in writing by Project Management, be uncovered for their observation and be replaced at the Contractor's expense without change im the Contract Time. 12.1.2 |fa portion of the Work has been covered which Project W1anm0ennenthaanct specifically requested tU observe prior tn its being covered, Project Management may request to see such Work and it shall be uncovered by the Contra«tor, 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 |n which event the Owner shall be responsible for payment of such costs. 12'2 Correction ofWork 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Dnouments, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs nf correcting such rejected\8/orh. ino|udingndditiona| tewtingandimspectiona and compensation for Project K4anagernen1'aoen/\ceoandexpensesnmsdeneommsarythmraby. 12.22 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement ofwarranties 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 todoSVunless the Owner has previously given the Contractor e written acceptance of such condition. This period of one year shall be extended with respect to portions ofWork first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance nf the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance Vf 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 itin accordance with Paragraph 2.4. |f 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 theracf, after deducting costs and damages that should have been borne by the Contractor, including compensation for Project Man8Aernent's services and expenses made necessary thereby. |f such proceeds of sale do not cover costs which the Contractor should � have borne, the Contract Sum shall be reduced by the deficiency. |f payments then or thereafter due the Contractor are not sufficient 0o 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 November 19, 2014 GENERAL CONDITIONS Page 41 of 44 Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 8h@U be construed toestablish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment mf 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 tU comply with the Contract Documents may be sought tmbe enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect tmthe Contractor's obligations other than specifically tV correct the Work. 12'3 Acceptance otNonconforming Work 12.3.1 |f the Owner prefers to accept Work which in not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its nsnnova| and uorreotimn, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall bm effected whether or not final payment has been made. ' 13.0 MISCELLANEOUS PROVISIONS: 13'1 Governing Law ' 13.1.1 The contract shall bo governed by the laws ofthe State ofFlorida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court Ofthe 161hJudiCiG| Circuit of the State of Florida. 13'2 Successors and Assigns 13.2.1 The Owner or Project KHanagernant(amthmoaaenmaybe) andtheControotoreonhbindo hirnme|f. Na pertners, auooemaons, aoe|Qns. and |eA8| representatives of such other podv in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party tV the Contract shall assign the Contract or sublet itas 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 mf the Owner or Project K8an8Qenm8nt 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant tothis 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: Greentech Group Solution, LLC 88005 Overseas Highway#10-165 Tavernier, FL 3 070 For Owner: Kevin Wilson, P. E. Roman Gastesi Director of Prodect Managemen County Administrator November 19, 2014 ~E.,E. - .- _-.'_. . ._.-_ Page 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West Florida 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed bvthe Contract Documents and rightsamdremnedies available thereunder shall bmin addition tm and not a limitation Cf duties, obligations, riAhtaand remedies otherwise imposed or available bylaw. 13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure ho act constitute approval mfor acquiescence ina breach thereunder, except am may be specifically agreed inwriting. 13'6 Tests and Inspections . 13.5.1 Tests, inspections and approvals Of portions of the Work required by the Contract [)mounmonto or by |axva, ondinanCg8, rules, regulations or orders of public authorities having jurisdiction shall bm made oton appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with am independent testing laboratory nr 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 tobe made aoProject 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 Management, Owner Vr public authorities having jurisdiction determine that portions of the Work require additional teotinQ, inspection or approval not included under Subparagraph 13.5.1. Project K8onm0ernentwi8. uponwrittenouthohzetionfronitheOxxn9r, instruct the Contractor tomake arrangements for such additional testing, inspection orapproval by an entity acceptable tOthe Ovvner, and the Contractor shall give timely notice to Project Management of when and where tests and inspections are tVbe made ao Project K8onagmrnent may observe such procedures. The Owner shall bear such costs except ma 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 Vf the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project K8anagenment'eoervicas 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 |f Project KHanogementiotoobmmrveh*ato. inspectionsorapprovm|opaqu|madbythe Contract Documents, Project Management will do so promptly and, where procticab|e, at the normal place oftesting. 13-5.6 Test or inspections conducted pursuant to the Contract Documents shall bemade promptly to avoid unreasonable delay in the Work. November 19, 2014 GENERAL CONDITIONS Page 43 of 44 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT: 14.1 Termination by the Owner for Cause 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 November 19, 2014 GENERAL CONDITIONS Page 44 of 44 Pip �I. 14 yai � �l � pl➢,urm om r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR MARATHON COURTHOUSE SEWER IMPROVEMENTS MANDATORY Pre Bid Conference at the Marathon Courthouse 3117 Overseas Hwy Marathon, FL on Thursday, September 25#h, 2014 at 10:00 AM. Any proposal received from a Contractor not present will result in a non-responsive proposal. BOARD OF COUNTY COMMISSIONERS Mayor, Sylvia Murphy, District 5, Mayor Pro Tern Danny Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Public Works / Eng. Division Amy Heavilin Kevin G. Wilson P. E. Sepember 2014 PREPARED BY: Monroe County Project Management Department MARATHON COURTHOUSE SEWER IMPROVEMENTS PROPOSAILIF]RM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item K}mmcniptimm Pages 1. Pnopoea| Fornn 18-19 2. Bid Bond (Proposal Security) 20 3. Non-Collusion Affidavit 21 4. Lobbying and Conflict of Interest Clause 22 5. Drug-Free Workplace Form 23 O. Local Preference Form 24 7. Subcontractor Listing Form 25 8. Insurance Checklist 26 O. Workers Compensation and Employers' Liability 30 10. General Liability 31 11. General liability, Underground, Explosion, and Collapse 32 12. Vehicle Liability ^ 33 13. Pn)pOger'S |msUmsnCe and Indemnification Statement 34 . 14� Insurance Agent's Statements 36 15� Contractor License Current Copy toBe Submitted with Proposal Subcontractor Licenses ioBe Submitted Prior to Award of Notice b» Proceed 18. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list Of the entity's shareholders with five (5) percent or more of the StOd( or, if � general partnership, o list of the general partners; Or. if limited liability company, o list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is |mgo||y viable entity nhm|| be attached. � PROPOSAL FORM 001 10-Page � MARATHON COURTHOUSE SEWER IMPROVEMENTS B. /\ list of the officers and directors ofthe entity; C. Relevant Experience: The number ofyears the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include o list ofsimilar projects); D. The number of years the person or entity has operated under its present name and any prior names; E. Answers to the following questions regarding claims and suits: a Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details of the jnb, including vvhena the job was located and the name of the ovvner.) b. Are there any judgnnents, claims, arbitration proceeding Or suits pending or outstanding against the person, principal of the entity, or entity, or its ofhcers, dinaotora, mr general partners (this specifically includes any present or prior entities in which the person, principal, anthv, oMiner, director or general partner of the proposing entity has been involved as m pe[Son, principal, entih/. officer, director 0[general partner im the last five (5) yeoma)? (|f yes, provide details, include enough information about the judgment, o|ain1, arbitration or suit so that the Owner will able to obtain 3 copy of the judgment or claim or locate the suit by location and case numnber.) c. Has the person, principal of the enbty, entitv, or its ofhCere, nn8Uor shareholders or directors within the last five (5)years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services Sirn||ar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, eObty, ofhcer, director or gmmeny| partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five /5> years. (If yes, provide detai|e, include enough information about the judgment, c|airn, arbitration or suit so that the Dxvnar will able to obtain 8 copy of the judgment or claim or � � locate the suit bv location and case nurnber.) d� Has the person, principal 0fthe entitv, or its oMicere, nxvnerS, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the CDUnb/ in connection with a contract to provide services, goods or � construction services?This specifically includes any present or prior entities in � � which the person, principal, entitV. DOiOer. director Or general partner of the proposing entity has been involved GG a peremn, principa|, emtitv, officer, director orgeneral partner in the last five (5) years. /|f yes, provide details, include enough information about the judgment, claim, arbitration or suit so � that the Owner will able to obtain a copy of the� udgnnemtQr claim Or locate the , su� bv |oCationand case nmnObec\ � e. Whether, within the last five ( \w� � yaena. the Owner, an officer, general partner, | ` ' controlling shareholder or major credhD[OfthepenGOOOrentitvwes an officer, ] general partner, controlling shareholder or rn '.or creditor ofany other entity | � PF{OP{}8ALFOR&1 00110-page16or204 � MARATHON COURTHOUSE SEWER IMPROVEMENTS that failed to perform services or furnish goods similar to those sought in the request for bids; f. Customer references (minimum of three), inctuding name, current address and current telephone number; Credit References (minimum of three), including name, current address and current telephone number; g. Financial statements for the prior three years. Please provide in a separate sealed enyglope arl label the and c arl envelope "CONFIDENTIAL"one L I_ origjaqL�q�_ L_ "Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 11 9.07(l) and s.24(a), Art 1 of the State Constitution.") PROPOSAL FORM 00 11 O-Page 17 of 204 Section 00110 Proposal Form. Questionnaire Item 16, A. Owner:Juan C Perez 100% B. Officers:Juan C Perez C. Greentech Group Solutions, LLC 4 Years of Experience Juan C Perez: 12 Years of Experience D. Greentech Group Solutions, LLC has operated for 3.75 Years. E. a. No b. No c. No d. No e. No f. -Monroe County School District—Jeff Barrow(Assistant Director) 305 853 1930 241 Trumbo Road, Key West, FL 33040 City of Marathon—Carlos Solis (Utilities) 305 743 0033 City of Marathon City Hall DID Schmitt—Coldwell Banker(Owner) 305 393 0055 11100 Overseas Highway, Marathon FL 33050 CREDIT REFERENCES Bank of America—3057431000—Marathon Branch Ferguson Enterprises—305 716 0086—Miami—Eureka Branch Slazar Construction—786 299 2612 g. ATTACHED MARATHON COURTHOUSE SEWER IMPROVEMENTS SECTION 00110 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM:. The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MARATHON COURTHOUSE SEWER IMPROVEMENTS 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. (Total B :, a Proposal-words) N. (Total Base Proposal—numbers) I acknowledge Alternates as follows: I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated PROPOSAL FORM 00110-Page 18 of 204 MARATHON COURTHOUSE SANITARY SEWER IMPROVEMENTS MARATHON, FLORIDA ADDENDUM NO. 1 October T, 2014 The information contained in this Addendum modifies supplements or replaces information contained in the RFP and is hereby made a part of the Contract Documents. A mandatory pre-proposal conference was held on Thursday September 25, 2014 on site. Below were items of discussion: • Only bids from companies with representatives at the pre-bid meeting will be accepted. • Last day to get questions in for addendum is 10/06/14. Only questions asked in writing will be answered,and will be answered by addendum. • Contractor might want to consider working on weekends. There may be bond hearings at the Courthouse on Saturdays. • The Building permits are ready to be picked up by the contractor from the Marathon Building Department. There are 5 signed and sealed sets of drawings at the building department, contractor is to provide one signed and sealed drawing set back to Monroe County Project Management. • Court schedules vary. Contractor to check daily the working court schedule. A For the trench details,8"pipes are needed and 24"trench depth. • There are two water lines through the parking lot by the handicap parking spot that are not on the drawings. • The e-mail for the City of Marathon Code of Ordinances is https:/Ilibr-ary.municode.com/index.aSOK?CllentlD=13921 All Construction is to comply with City of Marathon Ordinances. Three different inspectors will be on the job: Engineer from Perez Engineering,MikeNalepa from Monroe County Project Management,and the City of Marathon. + The current septic system will have to be abandoned by the contractor,or removed. Refer to drawings/specifications. • It is unknown if the library septic system has a drain field or an injection well. Contract to call 811 before digging to identify underground lines. All other items remain as called for in the documents. End of Addendum No. 1 Mike alepa `I-P9 Mana er g Y MARATHON SEWER HOOK UP PRE-BID MANDATORY MEETING ON SITE DATE: SEPTEMBER 25TH,2014 ATTENDEES: 8(7 or/4 ' ��. MARATHON SEWER HOOK UP PRE-BID MANDATORY INTEETING ON SITE DATE: SEPTEMBER 25TH,2014 ATTENDEES: REPRESENTATIVE'S NAME COMPANY PHONE/EMAIL John Hoover Perez Engineering 305-522-3430 Patrick Ortega Charley Toppino & Sons 305-296-5606 Ann Riger MCPM 305-292-4439 Michael Nalepa MCPM 305-292-4468 Johnnie Yongue MCPM 305-2924429 Chis Haack Mike Haack Excavating 305-504-3323 Dan Massaro 3� Generafion Plumbing 305-743-4245 'Jay"Massaro 3" Generation Plumbing 305-7434245 Dan Massaro 3r Generation Plumbing 305-743-4245 Bob Stone MCPW 305-289-6077 Tammy L. Marciel Clerk of Courts 305-289-6347 Cristy Danford MCPL Danford-cristynmonroecounty- I oy Juan C. Perez Green Tech. Group 305-289-0949 MARATHON COURTHOUSE SEWER IMPROVEMENTS Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms (located in Section 00110): a. Proposal For �, b. Proposal Security (Bid Borid) C. Non-Collusion Affidavit < , d. Lobbying and Conflict of Interest Clause e. Drug-Free Workplace Form f. Subcontractor Listing Form 9. Proposer's Insurance and Indemnification Statement h. Insurance Agents Statement(signed by agent), and i. Local Preference Form and requirements (if applicable), In addition, Proposer states that he has included a certified copy of Contractor's LicensQ, and Monroe County OCCL!Pational License. (Check mark items above, as a reminder that then are Mailing Address: Phone Number: Date: 10. Signed; (Name) (Title) Witness. (,. ,(,Seal) PROPOSAL FORM 0011 O-Page 19 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS. that we (Here insert name and address or legal title ofContractor) aS Principal, hereinafter called the Principal, and (Here insert full name and address or legal title ofSurety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Gurety, are held and firmly bound unto (Here insert full name and address or legal title ofOwner) 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,jointlyand severally, firmly bythese presents. WHEREAS, the Principal has submitted m bid for (Here insert full name, address and description ofproject) ' NOW, THEREFORE, if the Obligee shall accept the bid uf the Principal shall enter into @ Contract with the Obligee in accordance with the terms Df 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, orinthe 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 tn 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 mhe(| 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 Gectiom255.O5(2). Florida Statutes. (Principal) (Seal) | (Title) � (Witness) | � � MARATHON COURTHOUSE SEINER IMPROVEMENTS SECTION 00110 NON-COLLUSION AFFIDAVIT 1„ z,.v of the city according to law on my oath, an nder penalty of perjury, depose and say that: 1. I am of the firm of ac. the proposer making the Proposal for the pr ect described in the hotioe for calling for proposals for 01 C' M� and that I executed the said proposal with full authority to do so; +' 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor, 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the Iproposer prior to proposal opening,directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person,partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full (knowledge that said project. (Signat ure of Proposer �„,. ` (Date) STATE OF: �r�l" COUNTY OF: o l PERSONALLY APPEARED BEFORE ME,the undersigned authority, C-- 2" who, after first being sworn by me,(name of individual signing)affixed his1her signature in the space provided above on this _ _ _day of 20, TARY PU L , My commission expires: �+ a MAUREEN L.GRIFFIN Notary Public,State of Florida Commisslon 0 EE 833515 Nay comm.expires'Sept,9,2016 PROPOSAL FORM 00110-Page 21 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (C apany) 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 'S 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 former County officer or employee". w I) µ (Signature) M Cate: STATE OF: T COUNTY OF: ) Subscribed and sworn to(or affirmed)before me on _ (date) by r ..... (name of affiant). He/She is personally known to me or has 1produced as identification. (Type of identification) ' OTARY PUBLIC� My commission expires: MIAUREEN L.GRIFFIN a a Notary Public,Slate of Florida comrcissiort#EE 533515 IAy comet.expires Sept,9,2016 PROPOSAL FORM 0011©-Page 22 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ; (Name of Busi ss) 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 this firm complies fully with the above requirements. 119 Proposer's Signature /01 21/.!" Date PROPOSAL FORM 00110-Page 23 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 02-349 must complete this form. f " 1 0.2414 Name of Proposer/Responder 1�mate: 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? ik:5 (Please furnish copy) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to, ay basis that is a substantial component of the goods or services being offered to Monroe County? List Address; Telephone Number: 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? 044'0' 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 bid or proposal. 2, Subcontractor Address within 'Monroe County from which the subcontractor operates: Tel. Number Print Name: Signature and Title of Atithorized Signatory for Proposer/Responder STATE OF COUNTY OF On thi,�)/1' -ei�y ()f. ....... 20d, before me, the undersigned notary public, personally appeared -,.A-) C- ---e known to me to be the person whose name is subscribed above or who produced CL)e, /,'c -las identification, and acknowledged that he/she is the person who execu the above Local Pre rence For for the purposes therein contained, Notary Pu ic MAUREEN L.GRIFFIN Notary Public,State of Florida Commission#EE 833515 Print Name MY 00mm.expires Sept,9,2016] My commission expires: Seal PROPO SAL FORM 0011 0-Page 24 of 204 MARATHON COURTHOUSE SEWER 'IMPROVEMENTS SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w1area Fax° Cell: Address code PROPOSAL FORM 001 10-Page 25 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS MONROE COUNTY, FLORIDA Insurance Checklist FOR Proposer Workers' Compensation Workers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1 Employers Liability $100,000/$500,000/$1 00,000 WC2 x Employers Liability $500,000/$500,000/$500,000 WC3 Employers Liability $1,000,000/$1,000,000 /$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability INSURANCE REQUIREMENTS AND FORMS 00120-Page 26 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS 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- GLI $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit GI-2 X $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage or $500,000 Combined Single Limit GI-3 $500,000 per Person; $1,0010,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GI-4 $2,000,000 Combined Single Limit Required Endorsement: GLXCU X Underground, Explosion and Collapse ,XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSURANCE REQUIREMENTS AND FORMS 00120-Page 27 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS Vehicle Liability As a minimum, coverage should extend to liability for: 0 Owned-, Non-owned-, and Hired Vehicles Required Limits- VL1 $50,000 per Person: $100,000 per occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or"Not for Profit" organizations. Risk Management must approve the use of this form). VL2 X $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. PRO1 Professional $ 300,000 per Occurrence/$ 500,000Agg. PR02 Liability $ 500,000 per Occurrence/$1,000,000 Ag PR0g. 3 $1,000,000 per Occurrencei$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 APOLgg. 2 Liability $1,000,000 per Occurrence/$2,000,000 A . POggL3 $5,000,000 per Occurrence/$10,000,000 Agg ED1 Employee $ 10,000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 28 of 204 MARATHON COURTHOUSE SEINER IMPROVEMENTS 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 Aggw MEN $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BILL 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 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 E03 � L $ 1,000,000 per Occurrence/$3,000,000 Agg. INSURANCE REQUIREMENTS AND FORMS 00120-Page 29 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS WORKERS' COMPENSATION INSURANCE RE U L IREMENTS Q— FOR CONTRACT: Marathon Courthouse Sanitary Sewer Improvements, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND 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: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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 recognizeand honor the Contractor's status. The Contractor may be required to submit a 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. WC2 INSURANCE REQUIREMENTS AND FORMS 00120-Page 30 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Marathon Courthouse Sanitary Sewer Improvements, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND LLC. 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: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $300,000 per Person $500,000 per Occurrence $ 200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GI-2 INSURANCE REQUIREMENTS AND FORMS 00120-Page 31 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Marathon Courthouse Sanitary Sewer Improvements, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure„ the Contractor's General Liability Policy shall include coverage for the CCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. GLXCU INSURANCE REQUIREMENTS AND FORMS 00120-Page 32 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Marathon Courthouse Sanitary Sewer Improvements, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND 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: $300,000 Combined Singlle Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL2 INSURANCE REQUIREMENTS AND FORMS 00120-Page 33 of 204 MARATHON COURTHOUSE SEWER IMPROVEMENTS PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits E0Op|Oy8nS Liability $500.000 Bodily Injury by Accident $500.000 Bodily injury by Disease Policy L/mito 500.000 Bodily injury by Disease, each employee General Liability, including $300,000 per Person $5UO,OUO per Occurrence 82OO`OWO Property Damage or $50O.OUQ Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage XCU (exp|osion. collapse, and underground) Vehicle Liability (Owned, nmn-nwned, and hired vehicles) $300,000Connbimed 8inQ}o Limit If split limits are prefermad� $20O.00U per Person $30O.QDU per Occurrence $200.008 Property Damage Hold Harmless and Indemnification. Notwithstanding any nn]nimnurn insurance requirements prescribed elsewhere in this agreemment. Contractor shai| defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any dainos, actions or causes of action, (ii) any Utigation, administrative pR]Cemdings, appellate proceedings, or other proceedings relating to any type nf injury (indUdingdeath), Uoes. | dmrnmQe, fine. penalty Or buG|DeGg interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified pmdv by reason of, | or in connection with, (A) any activity of Contractor orany of its erDp|OyeeS, agents. contractors Or other invitees during the term of this Agreement, (B) the neQ|(geOtH or willful misconduct Of Contractor 0[any of its emp|Vyeen, agents, sub-contractors or other invitees, 0r(C) Contractor's default in respect of any of the obligations that it undertakes under the terms mf this Agreement, / except to the extent the claims, aCLiVna' causes Of action, litigation, proceedings, COStS or expenses arise from the intentional or sole negligent 8Cte or omissions of the COUNTY or any of its ernp|oyeee, aQewta, contractors or invitees (other than Contractor). Insofar as the C|8|nls. � a«tinnn, 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 uf 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 ahm|| indemnify the {}nuntv from any and all increased expenses resulting from� such delay. Should any claims be meee ' d against the County by virtue of any deficiency or , MARATHON COURTHOUSE SEWER IMPROVEMENTS arnbigukvin the plans and specdicato�o provided bvthe Contnacto� the Contractor agrees and w/a�ants'that the Contractor ahe|| 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 dmUmro ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT | understand the insurance that will b8 mandatory if awarded the contract and will comply iMfull with all the requirements. | fully accept the indemnification and hold h3Dn|eSS as set out mn page OO110'1 proposal. /�� PR[}P{]GEFl Signature INSURANCE REQUIREMENTS AND FORMS 00120-Page 35 of 204 � / � � MARATHON COURTHOUSE SEWER IMPROVEMENTS INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 204 DATE(MMIODIYYYY) . : "R " CERTIFICATE OF LIABILITY INSURANCE la/21/2a14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THUS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s),. PRODUCER N_ Lia�n Keys Insurance Services PHONE nda Recr , (305)743-0499 Fax N .(3osD+as-osez 5800 Overseas Hwy #43 E. AIL lregen '➢ceysinsuranee.com P.O. Box 500280 ,_, INSUrULR AFFORDING COVERAGE _._ NAIC0 Marathon FL 33050-0280 INSURERANid Continent„ INsuRED _,..� .,..., INSURERB:T"rave4] ers Indemnity 5658 _� IGreentech Group Solutions LLC INlsuRERc:FUBA 7999 Overseas Highway INSURERO: Suite 2B INSURERS. Marathon FL 33050 INsuRERP: COVERAGE; CERTIFICATE NUMBER:2013-2014 REV'IION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW(HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 'SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH(POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I#75' ....... ......... POLICY EFF' ' ii0 Y.EX I LI...MIT�S.. TYPE OF INSURANCE POLICY NUMBER eM2211Y DD ....IT L'PR GENERAL LIABILITY EACH OC"XIURRENGE $ 1,000,000 dv A�.rL, J)�'I�V.µYTE.�................. X I COMMERCIAL GENERAL LIABILITY Pq�(�yrac�ruarar^eI_-_,$ 100,0010 A CLAIMS-MADE OCCUR 04GLOO�86337:1. �.'Lf23/2014 PMEDLR P(Any one person) $ EXCLUDED... 11/23✓2013' Y $ 1,000,000 GENERAL AGGREGA"rE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COIAP(OP AGG S 2,000,000 AUTOMOBILE LIABILITY ILOC COMBINE $ _. "IN LE" „IMIT 1 000 000.. ........... E ��ir auI S, ..� BODILY INJURY(Per person) $ B ANY AUTO ALL OWNED SCHEDULED BAID055328 ✓2/2014 /2/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS PRdJPr FC'I'"S]FkM.AU'L $ X HIRED AUTOS AUTOS r .awI MertWcall a nlaPtl, $ 5 000 UMBRELLA LIMB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS MADE' AGC,RGCAI.E �„— DEO RLTr14T'IoN$ I'll $ C WORKERS COMPENSATION • Ycli '.. TI I RS ILIIABILI"I EL..E'AC�11SACCID 10,. ITITIT. .. u I ANDIEMPILOYE ANY PriopReTI',w-PAIR I•N.EFOEX�ECUT�IVE YdN DENT $ 50q. ....... OFFIGEJ IMEMBCR EXCLUDED? ❑ 'NIA 0645254 6/3/2014 /.3/2015 El,DISEASE-EA EIaIPLOYLL $, 500 000 (Mandalory In NH)if vas,WasE.L. • ''.,m.T t,)tSg„ iPTION OF'IJPI 4I4d,T0gtis'daji w do%vibe under E DISEASE POLICY unniT �$ 500,000 1 DESCRIPTION OF OPERATIONS P LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,iH more space is required) CGC 1518627 CFC 1427909 CUC 1224890 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 Grimi Hetancourt/LISA ACORD 25(2010105) 01988-2010 ACCIRD CORPORATION. Ali rights reserved. INS025(201 aa5}.o1 The ACORD name and logo are registered marks of ACIO'RD 101200014 uetau ny�nuty Name Detail by Entity► Name Florida Limited Liability Corr>t,pany GREENTECH GROUP SOLUTIONS, LLC Filing Information Document Number L0900,0011906 FEI/EIN Number 205524625 Date Filed 02105/2009 State FL Status ACTIVE Effective Date 09/10/2006 Last Event CONVERSION Event Date Filed 02105/2009 Event Effective Date NONE Principal Address 143 Sioux St Tavernier, FL 33070 Changed: 04130/2014 Mailing) Address P'.O. BOX# 504422 MARATHON, FL 33050 Changed): 04/2112010 Registered Agent Name & Address NORTHWEST REGISTERED AGENT, LLC 3030 N. ROCKY POINT DRIVE, STIE 150A TAM PA, FL 33607 Name Changed: 01/26/2011 Address Changed: 05116/2012 Authorized Person(s) D tail Name & Address Title MGRM PEREZ, JUAN C http://search.sunbiz.org/inquiry/Corporation$earch SearchResultDetaii/EntiityNameMal-iOgCO0011'996-86t7460f-4e50-4ce7-99f4-d38eldcOc4db/greentech"/o2Ggr, 112 10/2012014 Detail by Entity Name 143 'Sioux St Tavernier, FL 330701 Annual Reports Report Year Filed Date 2012 01/12/2012 2013 01/03/2013 2014 04/30/2014 Document Ilmages 04/30/2014 -- ANNUAL REPORT View image in PDF format (1 JQ3/2013 -- ANN L—RREPORT View image in PDF format 01/12/2012 -- ANNUAL REPORT View image In PDF format 01/29/2011 -- ANNUAL REPORT Views image in PDF format 01/26/2011 -- Reg. Agent Change View image in PDF format 04/21/2010 -- ANNUAL REPORT 'view/Image In PDF format 02/05/2009 -- Florida_Limited Liability View image In PDF format http://search.sun&viz.oronquiry/CorporationSearch/SearchResultDetail/EntityName/flal-109000011996-86t7460f 4e50-4cer-ggf4d38eldcOc4db/¢reenttech®/o20gr... 2/2 2014 / 2015 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2015 RECEIPT9 30140-102496 Business Name: GREENTECH GROUP SOLUTIONS LLC Owner Name: JUAN C PEREZ JORGE FONTIE & Business Location: 7999 OVERSEAS HWY STE 2B Mailing Address: IFERNANDO CAJALE MARATHON, FL 33050 7999 OVERSEAS HWY STE 2B Business Phone: 954-214-1050 MARATHON, FL 33050 Business Type: CONTRACTOR (PLUMBING, UNDERGROUND, AND IEXCAV, AND GENERAL CONTRACTOR) Employees 2 STATE LICENSE: CFC1427909 Tax Amount Transfer Fee Sub Total Penalty Prior Years Collection Cost Total Paid 000 0 20 0A 0 00 20.0011 0.00 0 0.00 00 L 20.00 .......... Paid 000-13-00014741 09 30 2 014 20.100 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, IFIL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQIUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, IKey West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2015 Business Name: GREENTECH GROUP SOLUTIONS ILLC RECEIPT# 30140-102496 Business Location: 7999 OVERSEAS HWY STE 2B Owner Name: JUAN C PEREZ JORGE IFONTE&FERNANDO MARATHON, FL 33050 Mailing Address:CAJALE Business Phone: 954-214-1050 7999 OVERSEAS HWY STE 2B Business Tylpe. CONTRACTOR (PLUMBING, UNDERGROUND, MARATHON, FL 33050 AND IEXCAV,AND GENERAL CONTRACTOR) Employees 2 STATE LICENSE: CFC1427909 Prior Years Co Sub- [Enor iletion Cost Total P, Penalt Yea, Tax Amount Transfer Fee ......... ................. ........... 00 20.00 0.100 0.00 0.010 20.00 _0.0 20.00 0, Paid 000-13-00014741 09/30,12014 20.00 a� A �°b STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION CONSTRUCTION INDUSTRY LICENSIING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 PEREZ, JUAN CARLOS GREENTECH GROUP SOLUTIONS LLC 143 SIOUXT ST TAVERNIIER FL 33070 Congratulations! With this incense you bec urine one or that:nearly one million Floridians licensed by the Depuartrna aut of Business and Professional Regaulation Ouir p)rotesslon°s,oral hrrsinessos range STATE OF FLORIDA from architects to yacht brokers frorn boxers to barbe4,'jue restaurants, DEPARTMENT OF BUSINESS AND and they keep Fel ida's economy strong. � �. PROFESSIONAL REGULATION Every day we oi* ,.irk to improve the way we dui tai.rsine».s in order to CFC1427909 ISSUED: 09/01/2014 serve you better For information about our services,pig*ase log onto 'gwww.myf1or„fdalicense.corn. Thera you,;can find more information CERTIFIED PLUMBING CONTRACTOR about our divisions and the regrrlatoon that irripact you,subscribe PEREZ,JUAN CARLOS to department new slettf,:rs and learn more about the Department's GREENTECH GROUP SOLUTIONS LLC initiatives, Our mission at the Department is: License Efficiently, Regulate Fairly„ We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CER['Ib IF_o under the provisions of Ch 489 FS and congratulations on your new license! Lxpuahr;ndWe AUG31,?016 L.1409G,GO..'0f,65 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON. SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD rfr f p� � r a lei The PLUMBING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 51 PEREZ, JUAN CARLOS GREENTECH GROUP SOLUTIONS LLC 7999 OVERSEAS HIGHWAY SUITE 2B MARATHON FL 33050 ISSUED: 09/01l2014 DISPLAY AS REQUIRED BY LAW SE®# L1409010000565 °r STATE OF FLORIDA DEPARTMENT OF (BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION (INDUSTRY (LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 PEREZ; JUAN CARLOS GREENTECH GROUT' SOLUTIONS LLC 143 SIOUXT ST TAVERNIER FL 33070 C ongralulalmns! With this Iicen.se you become one of lbe nearly one nuiltion Floridians licensed by the Drip arinaent of Business rand Professional kRm�y7ulaticn, Our professionals and businesses range " , STATE OF FLORIDA from architects to yacht brokers„frorti boxers to b,arbeq ue iestaw,runts, � DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. PROFESSIONAL REGULATION Every day we work to Improve tb e way we do business in order to CGC1516627 ISSUED: 09/01/2014 serve you better, For Unforrnatton about our services,please log onto wvv wrw,rrryfloridalicetise.com. There you can find more information CERTIFIED GENERAL CONTRACTOR about our dl and the regulations that Impact you, subscribo PEREZ,JUAN CARLOS to department newsletters and learn more abotA than Dee artnaent"s GREENTECH GROUP SOLUTIONS LLC initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS GER11r'ihD under the provisions of ch 489 r S and congratulations on your new license! "xniralian elate AUG31 2016 L'409010000774 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a y CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CG 1 1 2 AL CONTRACTOR Named below IS CERTIFIED Under the Iprovisions of Chapter 489 FS. . Expiration date: AUG 31,2016 PEREZ, JUAN CARLOS GREENTECH GROUP SOLUTIONS LLC 88005 OVERSEAS HIGHWAY ' 1 0-165 TAVERNIER FL33070 ISSUED: 09t0102014 DISPLAY AS REQUIRED BY LAW secl# L14090a0000774 err lr �� STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY (LICENSING BOARD (850) 87-1395 1940 NORTH MONROE STREET TALLAHASSEE EL 32399-0783 PEREZ, JUAN! CARLOS GREENTECH GROUP SOLUTIONS, LLC 143 SIQUXT ST TAVEIRNIER EL 330tO Congratulations' With this license you become one of the nearly one million Floridians licensed by the Department of kusiness and Professional (Regulation. Our professionals and businesses range .. STATE OF FLORIDA, from architects to yacht brokers.from boxers to barbeque restaurants, DFPARTMEINT OF BUSINESS AND and they keep Florida's economy strong. PROFESSIONAL REGULATION Every day we work to tniprove the tray we do business in order to CUC1224890 IS UEDI 09/01/2014 serve you batter. For ir`1401'r'n0tit4ru 41)(uwrt our rvices, please log onto www,rTiyfloridalicense.com. There you can find rmore'informatIon CIERT UNDERGRCYCJND&EXCAV CNTR about our divisions and the regulations that iruipact you, subscribe PEIREZ, JUAN CARLOS to department newsletters and learn more about the Department's GREENTECht GROUP SOLUTIONS, LLC initiatives, Our mission at the IDepartnent is; License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida IS CERTIFIED cinder the provisions or oh.naa rs, and congratulations on Your new llGensel Expuahondate AUG 31,2016 1.1409010000997 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATION w �� CONSTRUCTION INDUSTRY LICENSING BOARD C'LUC1224a90The UNDERGROUND UTILITY � harmed belovu IS CERTIFIED ` EXCAVATION CO rrf rill < Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 P'EREZ, JUAN CARLOS GIRE NTECH GROUP SOLUTIONS, LLC 7999 OVERSEAS HIGHWAY SUITE 213 MARATHON FL 33050 ma ISsuEo: 0 910112 01 4 DISPLAY AS REQUIRED BY LAW SEQ# L1409010000997 GREENTECH GROUP SOLUTIONS Complete Contract List CFC, CGC & CUC by the State of Florida Project List • Seaview Condominium — Replacement of existing sewer drainage system — Work consists on replacement of the existing sewer system for 6 lower units, restoration will be follow as per original conditions. Estimated cost of project $t 10,000.00. Contact Info: Linda Kruszka 305 942 9475 • Sonoma Condominium — Jacksonville FL — Total Rehabilitation of 34 Units from studs. Client provided a foreclosure building constituted of 34 units, each unit was completed gutted and restored, construction trades but not limited to: electricity, HAVC, plumbing, paint, carpentry, tile, etc. Project total cost $290.000.00 —Pacifica LLC— contact Max Combs 702 413 5501 • Gluntz Resort — Exchange of entire sewer system, worked directly with GC, scope of work consisted on fully furnishing and installation of plumbing drainage and water distribution system for 48 units, Resort located at Duck Key — Contact Info: Michael Dolan 305 481 4852, total cost of project$227,000.00 • Marathon — Ciq of Marathon/FKAA installation of FH Work consist on installation of 13 Ea FH at different locations at Marathon, FL, contracted directly with FKAA, Project scheduled to be completed before Sep. 30 2013. Cost $112,000. Contact Person: Joe Ivey at FKAA authorities • Marathon — Duck Key Bridge — Relocation of existing FKAA Force Main worked for FKAA's Contractor — American Bridge. Work was performed at Thomas Harbor Bridge — Duck Key, it consisted on remove and relocation of existing Stainless Steel FM under bridge deck. Project was completed on time and as scheduled by FKAA and Contractor. Cost of the project $17,000.00. Contact Person: William Campbell, P.M, American Bridge 321 —229 -4270 • Marathon — Replacement/maintenance of existing, Gate valves for the City of marathon vacuum Main at Little Venice, Work was performed and directed by the City of Marathon 'Utility Department, maintenance/replacement was perform having Central Sewer System at low flow hours. Project was completed on time and as scheduled. Cost of the Project $35,000.00. Contact Person. Zully Hemeyer, City Rep 305 743 0033 • Marathon — City's Ila rk Irrigation System connection to reclaim water main. Worked directly with the City of Marathon Utility Department, Cut in existing 4" Reclaim line, installation of 4" Gate Valve, Installation of approx. 80LF PVC pipe, Installation of RPZ device, Installation of by- pass for irrigation booster pump. Cost of Project $18,000.00, Contact Person: Carlos Solis, City Rep 305 743 0033 • Marathon— Sewer Connection for Key West housing Authorities (40 Street), Installation of an on-site sewer system, including one buffer tank, approx. 60 LF of gravity line and approx. 300 LF of vacuum Main, estimated cost$45,000.00 • Marathon — Coconut Kay Resort & Marina Sewer connection to Central Sewer System and abandonment in place of WWTP and injection Wells, commercial property (Hotel), coordinated with owner to minimize guest disruptions. Cost of Project $37,000.00, Contact: Mr. James Ryan (Owner) 305 393 1999 • Miami FI —Drainage Pump Station re-ventilation system. Work was performed directed by city of Miami Beach Authorities (Utility Department), scope of work included the installation of Special mechanical Piping to re-vent the drainage wells located at critical locations of Miami beach, contract amount$70,000.00 • Marathon Sewer Connection for the Hammocks at Marathon, Installation of onsite system consisting of sewer force main lateral and vacuum main along with AirVac Buffer Tank and gravity collection sewer manhole, abandoning of existing Waste Water Treatment Plant as per DEP — Engineer Glen Boe & Associates. Contract Amount$70.000.00 • Marathon Sewer Connection for Cohia Ponte Condominium, Installation of onsite system consisting of gravity sewer lateral and AirVac Buffer Tank and abandoning of existing Waste Water Treatment Plant as per DEP —Engineer Glen Bee & Associates • Marathon 'Sewer Connection for The Island Club Condominium, Installation of onsite system consisting of gravity sewer lateral and force main installation along with E-one lift station then abandoning of existing Waste Water Treatment Plant as per DEP — Engineer Glen Boe & Associates • Marathon Sewer Connection for Coco Plum Beach Villas, Installation of HDPE Force Main and rehabilitation of existing lift Station—Engineer Glen Boe and Associates • Marathon Sewer Connection for Gulf Pointe I & 2 Condominium, Installation of onsite AirVac vacuum sewer collection system consisting of approx 2500LF of pipe (Gravity and Vacuum Main) along with the installation of 8Ea Vacuum Pits and AirVac Valves — Engineer Glen Boe and Associates • Key Largo Sewer Connection for the Hampton Inn, installation of FM using directional bore method of approx 700 LF, installation of lift station, installation of gravity lines and abandoning of the Existing WWTP as per DEP (construction in progress)—Engineer Keys Engineer • Marathon Sewer Connection for The Blackfin Resort, Installation of onsite sewer system consisting of 2 Concrete Buffer Tanks, gravity pipe installation and vacuum main connecting central sewer system; scope is combined with the abandoning of the existing WWTP as de DEP (construction is progress)—Engineer Glen Boe and Associates • Marathon Sewer Connection for The Reef at Marathon Resort, Installation of onsite sewer system consisting of t Concrete Buffer Tank and I Vacuum Pit , gravity pipe installation and vacuum main connecting central sewer system; scope is combined with the abandoning of the existing WWTP as de DEP and the rehabilitation of the existing FM and associated piping (construction is progress)- Engineer Perez Engineering