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1. 03/17/2021 Agreement e°7 ' Kevin Madok, CPA b:' Y: (.',. Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: Mardi 20, 2021 TO: Judith Clarke, PE, Director Engineering/Roads& Bridges ATTN: Clark Briggs, Project Manager FROM: Pamela G. Hanna. SUBJECT: March 1 P° BOCC Meeting Attached is an electronic copy of the Billowing item for your handling: T3 Ratified Agreement with American Empire Builders, Inc. for the Harbour Drive Bridge (#904601) and Scaview Drive Bridge (#904606) Strengthening Project in the amount of S 1,663,376.00. This agreement has been accepted into the record without the recorded bond. Please be sure to provide this office with a copy of the recorded bond once it is recorded into the Official Record. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Flonda 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the loth day of March in the year of Two Thousand and Twenty-One. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: American Empire Builders, Inc. 13775 SW 145th CT., S. B Miami, Florida, 33136 ("Contractor") For the following Project: Harbour Drive Bridge (4904604) and Seaview Drive Bridge (4904606) Strengthening Project Duck Key Monroe County, Florida ("Project") Oversight for Owner: WSP USA INC. 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 Engineer: Kisinger Campo & Associates 201 North Franklin Street Suite 400 Tampa, Florida 33602 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OAATNER AND CONTRACTOR 00500-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Antonio Gonzalez 13775 SW 145th CT.,STE B Miami, FL., 33186 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Harbour Drive Bride 0904604)and Seaview Drive Bride 0904606) Stren2thenin2 Proiect. ARTICLE 3 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OAATNER AND CONTRACTOR 00500-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 180 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31st DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God, (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts,riot, or other civil unrest in the geographic area of the Project, (d)government order or law in the geographic area of the Project, (e) actions, embargoes, or blockades in effect on or after the date of this Agreement, (f) action by any governmental authority prohibiting work in the geographic area of the Project,(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OAATNER AND CONTRACTOR 00500-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Harbour Drive Bridge (#904604) and Seaview Drive Bridge 0904606) Stren2thenin2 Proiect,the Contract Sum of One Million Six Hundred Sixty- Three Thousand Three Hundred Seventy-Six dollars and no cents, ($1,663,376.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Attachment A. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OIATNER AND CONTRACTOR 00500-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OIATNER AND CONTRACTOR 00500-5 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OIATNER AND CONTRACTOR 00500-6 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives,shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends;any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. c) Governing Law,Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-7 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project d) Severability: If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. i) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-8 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,ss. 523 and 527(42 USC ss. 690dd-3 and 290ee- 3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed,retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. 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. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-9 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee, commission,percentage,gift, or consideration. m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor.Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-10 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-11 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including 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. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OAATNER AND CONTRACTOR 00500-12 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. w) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. z) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OAATNER AND CONTRACTOR 00500-13 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA)- The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended 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: See Article 1 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OIATNER AND CONTRACTOR 00500-14 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Structural Plans, Bridge Solutions, Inc., Sheets 3 of 6, and 4 of 6, 2/25/2021 9.1.4 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 2/25/2021 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-15 F[arbour ny, E3radgq t#_fl4 04 and Seokvae�v L7rave.Bra¢ge�#jQ4� 61',r g enin€^Pro Oct WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts. each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF CORS Attest: IGEVIN MADOK, Clerk OF MONRO COUNTY,FLORIDA y° As Deputy Clerk AlayvoZr MC}NAM COUNTY ATTORNEY r• E%t��va��r�tc��t Date . ........ t:HP6,Y"'6'7PFE I,(NIBERT BARROWS (SEAL) CONTRACTOR D,+~rr 3L9 21_ Attest: t�4 pq�y Digitally signed by Martin Igi�a C 6 S,�S. Naeg9 Antonio i�7s9�v,,IEYs�n�^x�by AM—.AM—. CSnnx Date:2C➢2t 03.0514:21:24 �ac�202103 02 ai��r nscs�c� 9 46 By: -05'00' y: Gonzalez F Title: Title-. END OF SECTION 00500 ---- _. _. ..........._ .._. 2'25,2021 STANDARD FORM OF AG EEMEN`r BETWEEN OWNER AND CONT c-rO 00 00-16 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project ATTACHMENT A COST PROPOSAL AM ;MMIM,1171ME, American Empire Builders,Inc.. 13775 SW 145T"CT., SUITE B., MIAMI, FL. 33186 OFFICE: 305-261-9276/ FAX: 305-261-9210 February 26, 2021 County: MONROE COUNTY, FLORIDA Project: HARBOR& SEAVIEW - TEMPORARY SUPERSTRUCTURE REPLACEMENT Subject: Price Proposal for two Bridges Please see below American Empire Builders, Inc. price proposal for Temporary Superstructure Replacements at Harbor and Seaview bridges that will allow regular traffic to the Islands. American Empire Builders,Inc.will provide signed& seal calculations to temporary replace the superstructures of the bridges to meet HS.20 Specifications. The proposed construction as per client's requirement will be done simultaneously in both bridges. Item Description Unit Quantity Unit Price Amount No. Mobilization LS 2 102,918.42 $ 205,836.84 Engineering- Bridge Strengthening LS 2 45,000.00 $ 90,000.00 Clearing&Grubbing LS 2 10,000.00 $ 20,000.00 MOT LS 2 29,500.00 $ 59,000.00 Temporary Barriers,Traffic Devices and Temporary Markers LS 2 38,000.00 $ 76,000.00 Under Deck Containment for Demolition LS 2 45,753.70 $ 91,507.40 Removal and Disposal of existing Bridge's Deck LS 2 164,446.64 $ 328,893.28 Substructure Work to Accommodate Temporary Beams LS 2 12,192.14 $ 24,384.27 Superstructure-Temporary Beams and Diaphragm LS 2 231,085.00 $ 462,170.00 Superstructure-Temporary Deck LS 2 134,159.25 $ 268,318.50 Temporary Railing system LS 2 18,632.85 $ 37,265.71 Total $ 1,663,376.00 Sincerely, Antonio M. Gonzalez—President American Empire Builders, Inc. Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project ATTACHMENT B STRUCTURAL PLANS > z a _ E 4 o >- o 2 - o O O pp CJ -�O �o W � � C O co s2 `^ 'ra 0— a CJ O LL YZ fB �y O CJ vi fB CJ C C . -0 C -O '� O� O 52 u C — � 00 -0 E a O i c- V G � V C ra O 52 d -p ^'i- 52 i !.. m u C pp 0- C O z v ° a c o ° a r '� > O s� > ra > u — o on O a E — c ra = o m O tj 0 W LIJ E o u o 'rs sue , ram "rs 'rs -rs h o ° -F. c d O -0 -0 c . �� CJ O O ra 0) ra .� E ra .� o o .y o o d o d \ o µ 0 c -rs v- u5 i.o r. 05 of QV a o Lry rrhh m 144 / W V W \ .LN3L✓tn BV � K� - ................................ O z �I om N O ZN w ml U W _ U2 V >� � Q W O 0. Q O o i ¢ ......ssz -{ ty � ZOo 20 m 4 m 3 � 3 Y ;oLL o u 0 ih o i W p z �F m of o I Y 3 j � w p I z z :., T� Q p � � N m II I Z 0 o _ - (! (I I I l ro F i �.. IF LU 0 V�V y oLUw o ti C W OU i I m 3 z I i 3 I r N C y > o 2 ' t> LL 3c g N 0 ih o i W p z �F m o f o I Y 3 j � w p —r a —j rr I ,e o i i 10 � Fez N \v Z F I is o zp w i o � h _ I N- a o 6;s 3 , - g N 0 ih o i W p z �F m of o I Y 3 j � w p —r l l __- I OI 1 14, I4)�j oil N m I I o sip �.Eyz�I s va Q 1 m z 4 R 1 I �a m -- ; Q U I � 6 1p.1 j p LL � r F a � r I I � I3 0 ih o i W p z �F m of o I Y 3 j � w p —r l l OI Ji !j, ! I 1 jf o � it m a�� m rL half I w qt a > o 3 ( - g N � M w y- w O _ o a O k_ yNjw jzs _ `m yv �_ VO ^ 07 11 Cam Al Do L -—a Q'� �r6 pa � c ww a Yz y w -y C z EE 0 SO EE if K r a to N o 1 N 1 W � u Q Z l� ? z Q N Q � N a V N p CE {~ ~ N y O O L N U - u _ Q _ N r _ 1 ll, - y, son �x - lit p ED sly - - N y � Q A f - Q N HOW W 1 o N ' Q - �' _ H� _ ° - a ��a lit - - a yin., W °H� _ w m Q m l Quo _ Li,7 i� `� o �c_ y NOMA3`J� �o ez i a, oznziaim w u- w O k Q a M M W W IIV II IIVG _ 6 W W n cc ray �H W � bIb rJ b M N p 17) o l p > L z Doc zz W U W U O U a (iW� LL. ? w w ¢z — r oC wQz QU)a - W QUo - AL � '� -� o° U,W 2 M LL AL R C N01SJA3`J �R Q� O ¢ CO no az i a, onziaiar ti ^ Q w 4- +1 ¢ `g M m n VI/ + %r r2 �u) w --------- ------- cc 0 - W _ O E�H :N v cc W = ¢ _ W Z3 7 �zv_ L Qo wma _- it ^� W cz cm h L Z "Al Q Q _ y 6 C — m Q C +1 .. - In lL O LL rg c.. W Q 4 N 1 c0 �l v W M o — J - - Q F— W a W W J O ;n oa a HLu O J mc W m LL N z Q a W a O in g ti� �_ O _ m n m Iz iL ''liz '�z __ -1 --- ------------ O �.O W a _ Z o ti o N0151A3`J O no o i a, onziaiar Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project ATTACHMENT C MONROE COUNTY FORMS SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE AMERICAN EMPIRE BUILDERS, INC. (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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." (Signature) Date: 03108/2021 STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or D online notarization, on 03/08/2021 (date) by ANTONIO M. GONZALEZ (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PuB'&C' V My Commission Expires: (L LNotary Public State of Florida AnalisaArriaga Clm u 'ag My Commission GG 282818 Expires D410412021 NON-COLLUSION AFFIDAVIT |, ANTONIO M. GONZALEZ of the city Vf according tm law ounny oath, and under penalty ofperjury, depose and say that a. I am ANTONIO0f the firm cf 8PW tMe bidder making the Proposal for the project daschbedintheRequentforPnoposa|3fOr Harbour Drive a,m $#e04604)andS i Drive aim and that | executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication ar agreement for the purpose ofrestricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed bv the bidder and will not knowingly bo disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder 0rt0 any competitor; and d� nn attempt has been made oF will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and ourneCt. and made with full knowledge that Monroe County relies the t�vth-cfjhe_statements contained in this affidavit in awarding contracts for said 'e( Date: 03/08/2021 STATE OF: FLORIDA COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of M physical presence or O online notarization, on (date) by (name ofoffiant). He/She ie personally known honnaorhas produced (type of identification) as identification. VV NOTARY PUBLIC DRUG-FREE WORKPLACE FORM The undersigned vendor io accordance with Florida Statute Z87.087 hereby certifies that: AK8ER|C4N EMPIRE BUILDERS, INC. (Name nfBusiness) 1 Publish G statement notifying employees that the unlawful nmanufactmne, diSthbutioD, dispensing, possession, or use of oantnn||ed substance is prohibited io the workplace and specifying the actions that will be taken against employees for violations of such pruhibitioD. 2 |nfmrm employees about the dangers ofdrug abuse in the workplace, the business' policy Of maintaining a drug-free vvorkp|ace, any available drug oounse|iDg. rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3 Give each employee engaged in providing the commodities or contractual services that are under bid a copy mf the statement specified in subsection (1). 4. In the statement specified in subsection (1). notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer ufany conviction of, or plea of guilty orno|0 o0ntendepeto. any violation oƒ Chapter 883 (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. Impose Gsanction on, or require the satisfactory participation in adrug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 8. Make a good faith effort to continue to maintain a drug-free vvmrkp|ema through implementation of this section. As the person authorized ho sign the statement, | certify that �ieully with the above requirements. Date: 03/08/2021 STATE OF: FLORIDA COUNTY OF: MH\M|-DADE Subscribed and sworn to (or affirmed) before ma, by means of N physical presence or O online notarization, on (date) by (name of He/She is personally known to me or has produced of identification) as identification. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither-ANTONIO M. GONZALEZ (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signat r4 Date: 03/08/2021 STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or El online notarization, on - 03/08/2021 (date) by ANTONIO M. GONZALEZ _ (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTA-RVIP01301:7 My Commission Expires: Notary Pullic State of Fforicia Anahsa Arriaga MY COMMISSion GG 28281 a of Expires WAXY2021 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descniption(s): Respondent Vendor Name: AMERICAN EMPPIRE BUILDERS, INC. Vendor FEIN: 75-2993152 Vendor's Authorized Representative Name and Title: ANTONIO M. GONZALEZ-PRESIDENT Address: 13775 SW 145TH CT., SUITE B City: MlAMI State: FLORIDA Zip: 33186 Phone Number: 305-261-9276 Email Address: t1-_oiizalez(c�,aeb-us.coin Section 297,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities 1.11 the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed oil either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be ten-ninated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in die Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: ANTONIO M. GONZALE_7 who is authorized to sign on behalf of the ab wt-_rqfJ6`r-enced c Authorized SignatujE- Print Naive: ANToNI M_ GONZA�LE;r ,Z-` 6�' Title: PRESIDENT Note: The List are available at the following Department of Management Services Site: cIt r itieG 'Late )urchasiiig/vegdor hiformatiojilcomicted sLis pgndcd discriiiiiiiatoillists Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Project Section 00750 General Conditions of the Contract for Construction Table of Articles 1. General Provisions 8. Time 2. Owner 9. Payments and Completion 3. Contractor 10. Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13. Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract 2/25/2021 GENERAL CONDITIONS 00750-1 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project General Conditions of the Contract for Construction ARTICLE 1 GENERAL PROVISIONS 11 Basic Definitions 111 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is(1)a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive issued by the Owner or(4) a written order for a minor change in the Work issued by the Owner. 1.1.2 The Contract: The Contract Documents form the Contract for Construction. 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 between any persons or entities other the Owner and Contractor. 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. 11.4 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 the Owner. 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. 11.6 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 bidding 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 presentation 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. 1.23 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 2/25/2021 GENERAL CONDITIONS 00750-2 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings,a portion of the Work is drawn out and the remainder is indicated in outline,the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Owner's Drawings,Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Owner are instruments of the Owner's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Owner, and unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law, statutory and other reserved rights,in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Owner, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Owner appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice,if any, shown on the Drawings, Specifications and other documents prepared by the Owner. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner's copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents,the Contractor will be furnished, free of charge,three copies of Drawings and Specifications for the execution of the Work,additional copies will be made available at$100.00 a set. 1.4 Capitalization 1.4.1 Terms capitalization in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Owners. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 Definition 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Owner" means Monroe County and its authorized representative employed by the County. 2.2 Information and Services Required of the Owner 2.2.2 The owner shall furnish available surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and a legal description of the site as needed. 2.2.3 Except for permits and fees, which are the responsibility of the Contractor under the Contract Documents, 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. 2/25/2021 GENERAL CONDITIONS 00750-3 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Not Used. 2.2.6 The Owner shall forward all communications to the Contractor through the Owners Representative. In absence of the Owners Representative the Contractor shall communicate with the Owner 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to 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 the Project Manager's and the Owner and their respective consultants' additional services and expenses made necessary by such default,neglect or failure. ARTICLE 3 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 that perform construction under Conditions of the Contract that are administered by the Owner,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 the Owner errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, 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 the Owner. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Owners Representative and Owner, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 2/25/2021 GENERAL CONDITIONS 00750-4 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 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 the Project Manager and Owner 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. 3.2.4 The Contract Documents are complementary,and what is called for by any,shall be as binding as if called for by all. 3.2.5 The Owner maintains that the Contract Documents are complementary and that precedence clauses are typically not called for—the drawing and specification are a unified whole,and any conflict between or within them is subject first to interpretation by the architect/engineer,and if not resolved,is subject to resolution through the claims process.The captions or subtitles of the several Articles and Divisions of these Contract Documents constitute no part of the context hereof,but are only labels to assist in locating and reading the provisions hereof. 3.2.6 Full size details shall take precedence over scale drawings and large-scaled drawings shall take precedence over small-scale drawings. Dimensions given in figures shall take precedence over scaled dimensions. 3.2.7 When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scale and figure dimensions on the drawings. 3.2.8 Wherever a stock size of manufactured item or piece of equipment is specified by its nominal size,it shall be the responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space to make all necessary allowances and adjustments there for in his work without additional cost to Owner. 3.2.9 Standard specifications or other specifications of the organizations,societies or bodies referred to herein or to specifications listed therein, shall be to their current editions and whenever it is stated in the Specifications that materials or work shall conform to the requirements of any of these specifications,work and/or material shall also conform to any other specification referred to herein. 3.2.10 The Contractor shall test all figures on the drawings before laying out the work. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means,methods,techniques, sequences and procedures and for coordinating all portions of the Work under this Contract,subject to overall coordination of the Owners Representative as provided in Subparagraphs 4.6.3 and 4.6.4. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents by either activities or duties of the Owners Representative or Owner in their administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services 2/25/2021 GENERAL CONDITIONS 00750-5 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.43 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Owners Representative, the Contractor will remove and/or replace the employee at the request of the Owners Representative. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery,and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with the Owners Representative, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner and Owners Representative that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear under normal usage. If required by the Owners Representative or Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which is legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. 3.7 Permits,Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. The following is a list of all other governmental entities that may have additional permits or fees generated by the project: 3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,building codes, and rules and regulations. However,if the Contractor observes that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Owners Representative and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 2/25/2021 GENERAL CONDITIONS 00750-6 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to the Owners Representative and shall not be changed except with the consent of the Owners Representative, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's information and the Owners Representative's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within seven(7)days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Owners Representative's approval. 3.10.2 The Contractor shall cooperate with the Owners Representative in scheduling and performing the Contractor's Work to avoid conflict,delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 The Owners Representative will conduct a weekly scheduling meeting, which the Contractor shall attend. At this meeting,the parties can discuss jointly such matters as progress,scheduling,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 Drawings, Product Data, Samples and similar required submittals. These shall be available to the Owner and shall be delivered 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 by the Contractor or a Subcontractor, Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. 312.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples, which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Owner's Representative is subject to the limitations of Subparagraph 4.6.11. 2/25/2021 GENERAL CONDITIONS 00750-7 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 3.12.5 The Contractor shall review, approve and submit to the Owners Representative,in accordance with the schedule and sequence approved by the Owner, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with the Owner in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Owner. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Owners Representative's and Owner's approval of Shop Drawings,Product Data, Samples or similar submittals unless the Contractor has specifically informed the Owners Representative and Owner in writing of such deviation at the time of submittal and the Owners Representative and Owner 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 the Owners Representative's and Owner's approval thereof. 3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Owner on previous submittals. 3.12.10 Informational submittals upon which the Owner is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Owner shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market,the Contractor may submit data on substitute materials to the Owners Representative for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Owner before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly;he shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting,patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of the Owner shall also be required. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 2/25/2021 GENERAL CONDITIONS 00750-8 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 3.14.3 The Contractor shall arrange for any blockouts, cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work,the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Project Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However,if the Contractor has reason to believe that the required design,process or product is an infringement of a patent;the Contractor shall be responsible for such loss unless such information is promptly furnished to the Owner. 3.18 Indemnification and Hold Harmless Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than$1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including 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. In the event the completion of the project (including 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. The first ten dollars($10.00)of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. 2/25/2021 GENERAL CONDITIONS 00750-9 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Owner 4.1.1 The Owner for the Project is Monroe County. The Contractor shall work with the Owner's Representative for all oversight. 4.2 Owner's Representative 4.2.1 Where the term Owner's Representative is used,it shall mean the Monroe County Project Manager or Construction Engineering and Inspection(CEI)Consultant. 4.3 Engineer 4.3.1 The Engineer is the person lawfully licensed to practice engineering or any entity lawfully practicing engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer"means the Engineer or the Engineer's authorized representative. 4.4 Not Used. 4.5 Not Used. 4.6 Administration of the Contract 4.6.1 The Owners Representative will provide administration of the Contract as described in the Contract Documents,and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Owners Representative will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document,unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 The Owners Representative 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. 4.6.3 The Owners Representative will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors and the Owner until subsequently revised. 4.6.4 The Owner will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work,when completed,will be in accordance with the Contract Documents. However,the Owner will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on- site observations, the Owners Representative will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.5 The Owners Representative and Owner will not have control over or charge of and will not be responsible for construction means,method,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Owners Representative nor the Owner will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors,or their agents or employees,or of any other persons performing portions of the Work. 2/25/2021 GENERAL CONDITIONS 00750-10 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 4.6.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Owners Representative, and shall contemporaneously provide the same communications to the Owner. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Owners Representative and shall be contemporaneously provided to the Owner. 4.6.7 The Owners Representative will review and certify all Applications for Payment by the Contractor, including final payment. After reviewing and certifying the amounts due the Contractors,the Owners Representative will submit the Project Application and Project Certificate for Payment,to the Owner. 4.6.8 Based on the Owner's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Owners Representative, the Owner will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. 4.6.9 The Owner will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing,in accordance with Subparagraphs 13.5.2 and 13.5.3,whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Owners Representative. Subject to review by the Owner,the Owners Representative will have the authority to reject Work that does not conform to the Contract Documents. Whenever the Owners Representative considers it necessary or advisable for implementation of the intent of the Contract Documents, the Owners Representative 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. 4.6.10 The Owner's Representative will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Owner those recommended for approval. The Owner's Representative's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.11 The Owner's Representative will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Owner's Representative's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Owners Representative, while allowing sufficient time in the Owner's Representative's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. The Owner's Representative's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Owner's Representative's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Owner's Representative, of any construction means, methods, techniques, sequences or procedures. The Owner's Representative's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.12 The Owners Representative will prepare Change Orders and Construction Change Directives. 4.6.13 Following consultation with the Owners Representative,the Owner will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.14 The Contractor will assist the Owner's Representative in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the Owner's Representative written warranties and related documents required by the Contract and assembled by the Contractor. The Owners Representative will forward to the Owner a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.615 If the Owner and Contractor agree, the Contractor will provide one or more project representatives to assist in carrying out the Contractor's 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. 2/25/2021 GENERAL CONDITIONS 00750-11 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 4.616 The Engineer will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owners Representative, Owner or Contractor. The Engineer's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them. 4.6.17 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions,the Engineer will endeavor to secure faithful performance by the Contractor,and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.18 The Engineer's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term"Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice.The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Decision of Owner. Claims, including those alleging an error or omission by the Engineer or Owner, shall be referred initially to the Owner for action as provided in Paragraph 4.8. A decision by the Owner, as provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due,regardless of(1)whether such matters relate to execution and progress of the Work or(2)the extent to which the Work has been completed. The decision by the Owner in response to a Claim shall not be a condition precedent or litigation in the event(1)the position of Owner is vacant,(2)The Owner has not received evidence or has failed to render a decision within agreed time limits,(3)the Owner has failed to take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Owner or(5)the Claim relates to a mechanic's lien. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by Written Notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Not Used. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for,performance of any part of the Work,will recommend and equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Owner shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the adjustment shall be referred to the Owner for initial determination,subject to further proceedings pursuant to Paragraph 4.6. 2/25/2021 GENERAL CONDITIONS 00750-12 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum,written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Owner, (2) Not Applicable (3) a written order for a minor change in the Work issued by the Owner, (4) failure of payment by the Owner, (5)termination of the Contract by the Owner, (6) Owner's suspension or(7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein.The County will not pay additional cost as a result of Uncontrollable Circumstances. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable,written notice of such injury or damage,whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted,it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 4.8 Resolution of Claims and Disputes 4.8.1 The Owner will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1)request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Owner expects to take action, (3)reject the Claim in whole or in part, stating reasons for rejection, (4)recommend approval of the Claim by the other party or(5) suggest a compromise. The Owner may also,but is not obligated to,notify the surety, if any,of the nature and amount of the Claim. 4.8.2 If a Claim has been resolved,the Owner will prepare or obtain appropriate documentation. 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Owner's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Owner, (2) modify the initial Claim or(3)notify the Owner that the initial Claim stands. 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Owner,the Owner will notify the parties in writing that the Owner's decision will be made within seven days, which decision shall be final and binding on the parties. Upon expiration of such period,the Owner will render to the parties the Owner's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. 4.9 Court Determination of Claims/Disputes. Any claim or dispute for which the parties are unable to achieve a settlement shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. Venue for all claims or disputes shall be in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the Sixteenth Judicial Circuit,Monroe County,Florida.This Contract shall not be subject to Arbitration. 2/25/2021 GENERAL CONDITIONS 00750-13 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project ARTICLE 5 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 51.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 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 the Owners Representative for review by the Owner and Owners Representative the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work. The Owners Representative will promptly reply to the Contractor in writing stating whether or not the Owner, Owners Representative or Owner, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owners Representative to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, or Owners Representative has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Owners Representative refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Owners Representative makes reasonable objection to such change. 5.3 Sub-Contractual Relations 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Owners Representative. Each subcontract agreement shall preserve and protect the rights of the Owner and Owners Representative under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. 2/25/2021 GENERAL CONDITIONS 00750-14 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Owners Representative. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Owners Representative, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 61.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Owners Representative shall be held harmless of any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Owners Representative 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 the Owners Representative and Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor responsible therefore. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other Contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors have reciprocal obligations. 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work,he shall,within(72)hours of the occurrence of the cause of the delay,notify the Owners Representative in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby,and(C)all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Owners Representative within(72)hours after the delay has ceased to exist. .I It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and,if the Contractor fails to comply,he shall be deemed to have waived the claim. 2/25/2021 GENERAL CONDITIONS 00750-15 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project .2 The Contractor agrees that whether or not any delay,regardless of cause,shall be the basis for an extension of time he shall have no claim against the Owner or Owners Representative for an increase in the Contract price,nor a claim against the Owner or Owners Representative for a payment or allowance of any kind for damage,loss or expense resulting from delays: nor shall the Contractor have any claim for damage,loss or expense resulting from interruptions to,or suspension of,his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Owners Representative, in consultation with the Owner,determines to be just. ARTICLE 7 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Owners Representative, and Contractor; a Construction Change Directive requires agreement by the Owner, Owners Representative and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 71.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted,either by increase or decrease. 7.2 Change Orders 7.2.1 A change Order is a written instrument prepared by the Owners Representative and signed by the Owner and Contractor,stating their agreement upon all of the following: .i a change in the Work; .2 the amount of the adjustment in the Contract Sum,if any; and .3 the extent of the adjustment in the Contract Time,if any. 7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined in one or more of the following: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 2/25/2021 GENERAL CONDITIONS 00750-16 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.21; 7.2.2.2; or 7.2.2.3 is agreed upon, the Contractor, provided a written order signed by the Owner or Owners Representative is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Owners Representative and shall include only equipment and personnel hours and materials used to execute the Work. The daily force account forms shall identify Contractor and/or Subcontractor personnel by name, 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 Owners Representative's 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 the Owners Representative with all supporting documentation required by the Owners Representative for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by the Owners Representative. The amount of credit to be allowed by the Contractor for any deletion or change,which results in a net decrease in the Contract Sum,will be the amount of the actual net cost as confirmed by the Owners Representative. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase,if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen,use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents)shall be computed as follows: .i 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 percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%). If the Contractor does not enter into the Work,the maximum mark-up for managing this 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 then 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 the Owners Representative, 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 the Owners Representative such as certified quotations or invoices shall be provided by the Contractor to the Owners Representative at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by the Owners Representative,by drawings or otherwise, involve extra Work not covered by the Contract,he shall give the Owners Representative 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. .i The written notice to the Owners Representative 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. 2/25/2021 GENERAL CONDITIONS 00750-17 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 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 12.L L The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.4 The Owner 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 the Owners Representative and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Owner in accordance with Paragraph 9.8. 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Owners Representative shall be the final judge as to whether substantial completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement,the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article i i to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filling of mortgages,mechanic's liens and other security interests. 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, Owners Representative,or by any employee of either,or by any separate contractor employed by the Owner,or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Owners Representative,or by any other cause which the Owners Representative determines may justify the delay,then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Owners Representative may determine, in accordance with subparagraph 6.2.7.The County will not pay additional cost as a result of Uncontrollable Circumstances. 8.3.2 Any claim for extension of time shall be made in writing to the Owners Representative not more than seventy-two (72)hours after the commencement of the delay in accordance with paragraph 6.2.7;otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the 2/25/2021 GENERAL CONDITIONS 00750-18 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72)hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2,or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Owner, through the Owners Representative, a schedule of values allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Owners Representative and Owner may require. This schedule, unless objected to by the Owners Representative or Owner shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Owners Representative an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owners Representative and Owner may require, such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for elsewhere in the Contract Documents. .i Such applications may include request for payment because of changes in the Work,which have been properly authorized by Construction Change Directives but not included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge, information and belief,be free and clear of liens,claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an 2/25/2021 GENERAL CONDITIONS 00750-19 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warrants 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 Certificate for Payment 9.4.1 The Owners Representative will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications,forward them to the Owner within seven days. 9.4.2 Within seven days after the Owner's receipt of the Project Application for Payment,the Owners Representative and Owner will either issue to the Owner a Project Certificate for Payment,with a copy to the Contractor, for such amount as the Owners Representative and Owner determine is properly due, or notify the Contractor and Owner in writing of the Owners Representative's and Owner's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the Owners Representative. 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Owners Representative and Owner to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor,that the Work has progressed to the point indicated and that, to the best of the Owners Representative's and Owner's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Owners Representative or Owner. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Owners Representative or Owner has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Certification 9.5.1 The Owners Representative/Owner may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Owners Representative cannot agree on a revised amount,the Owners Representative shall process the Application for the amount he deems appropriate. The Owners Representative may also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent inspections,he may nullify,in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1)defective Work not remedied; (2)third party claims filed or reasonable evidence indicating probable filing of such claims; (3)failure of the Contractor to make payments properly to Subcontractors or for labor,materials,or equipment; (4)reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Owners Representative,the Owner, or another contractor working at the project; (6)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. .1 No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor,within all the requirements of Article 11,have been filed with the Owner and Owners Representative. 9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. 9.6 Progress Payments 9.61 After the Owners Representative and Owner have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Owners 2/25/2021 GENERAL CONDITIONS 00750-20 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project Representative and Owner. From the total of the amount determined to be payable on a progress payment, five percent(5%) of such total amount will be deducted and retained by the Owner until final payment is made. The balance ninety-five percent(95 %)of the amount payable,less all previous payments,shall be certified for payment. .i It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders,except when such excess quantities have been determined by the Owners Representative to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place,as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Owners Representative will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Owners Representative and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner or Owners Representative shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Owners Representative to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials,tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors,not later than the end of the calendar month in which each payment is made to the Contractor;the representative amount allowed the Contractor on account of the Work performed by is Subcontractor interest therein. The Contractor shall,by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Owners Representative shall jointly prepare and submit to the Owner a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Owner, assisted by the Owners Representative, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's 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 2/25/2021 GENERAL CONDITIONS 00750-21 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project Completion, complete or correct such item upon notification by the Owner. The Contractor shall then submit a request for another inspection by the Owner, assisted by the Owners Representative, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete,the Owner will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Owners Representative and Owner,the Owner shall make payment,reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.1.3 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor and Owners Representative shall jointly prepare and submit a list to the Owner as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Owner after consultation with the Owners Representative. 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Owners Representative, Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to the Owners Representative a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Owners Representative a final Contractor's Application for Payment. Upon receipt, the Owners Representative will forward the notice and Application to the Owner who will promptly make such inspection. When the Owner, based on the recommendation of the Owners Representative, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Owners Representative and Owner will promptly issue a Final Certificate for Payment stating that to the best of their knowledge,information and belief, and on the basis of their observations and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said Final Certificate is due and payable. The Owners Representative's and Owner's Final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Owner through the Owners Representative (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner)have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payments currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety,if any,to final payment and(5),if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner, if a Subcontractor refuses to 2/25/2021 GENERAL CONDITIONS 00750-22 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Owners Representative and Owner so confirm,the Owner shall,upon application by the Contractor and certification by the Owners Representative and Owner,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bond have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner through the Construction Manger prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.6. 9.10.4 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. 9.11 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,or Owners Representative that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 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 the Owners Representative for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl(PCB)which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Owners Representative in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless,by written agreement of the Owner and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl(PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Owners Representative in writing. The Owner,Contractor and Owners Representative shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor, Owners Representative and Owner the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Owners Representative and the Owner will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Owners Representative or Owner has an objection to a person or entity proposed by the 2/25/2021 GENERAL CONDITIONS 00750-23 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project Owner, the Owner shall propose another to whom the Contractor, the Owners Representative and the Owner have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .i employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. 10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions Manager or Owner or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Owners Representative. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract(including the pre-staging of personnel and material),the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by 2/25/2021 GENERAL CONDITIONS 00750-24 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 111.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time,except for the Contractor's failure to provide satisfactory evidence. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 11.1.4 The Contractor shall provide, to the County in care of the Owners Representative, as satisfactory evidence of the required insurance,either: Certificate of Insurance or A certified copy of the actual insurance policy 11.1.5 The County,at its sole option,has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation,non-renewal,material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners,it's 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 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a certified copy of the recorded Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05,Florida Statutes,which are incorporated herein. If change orders render the contract more than ten(10%)percent higher than the bond amount,the Contractor shall increase the bond amount to cover the entire difference. 2/25/2021 GENERAL CONDITIONS 00750-25 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the Owners Representative's or Owner's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by either,be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Owners Representative or Owner has not specifically requested to observe prior to its being covered, the Owners Representative or Owner may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.21 The Contractor shall promptly correct Work rejected by the Owners Representative or Owner or failing to conform to the requirements of the Contract Documents,whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Owners Representative's and Owner's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Owner issued through the Owners Representative,the Owner may remove it and store the salvable materials or equipment at the Contractor's expense, if the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Owners Representative's and Owner's services and expenses made necessary thereby, if such proceeds of sale do not cover costs which the Contractor should have borne,the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 2/25/2021 GENERAL CONDITIONS 00750-26 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project 12.3 Acceptance of Nonconforming Work 12.31 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISION 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida,Monroe County. 13.2 Successors and Assigns 13.2.1 The Owner and the Contractor each binds himself,his partners,successors,assigns,and legal representatives of such other party in respect to all covenants,agreements,and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Owners Representative. 13.3 Written Notice 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.3.2 All written correspondence to the Owner shall be serialized,dated,and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Ms.Judith Clarke,P.E. Director of Engineering Services Monroe County Public Works and Engineering Division 1100 Simonton Street Key West,Florida 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents, rights, and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Owners Representative,or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.51 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Owners Representative and Owner timely notice of when and where tests and inspections are to be made so the Owners Representative and Owner may observe such procedures. The 2/25/2021 GENERAL CONDITIONS 00750-27 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Owners Representative, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Owners Representative will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Owners Representative and Owner of when and where tests and inspections are to be made so the Owners Representative and Owner may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Owners Representative's and Owner's services and expenses. 13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owners Representative for transmittal to the Owner. 13.5.5 If the Owners Representative or Owner is to observe tests,inspections or approvals required by the Contract Documents,the Owners Representative or Owner will do so promptly and,where practicable,at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 Not Used. 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. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Contractor 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with Contractor,for any of the following reasons: .i issuance of an order of a court or other public authority having jurisdiction; .2 an act of government,such as a declaration of national emergency,making material unavailable; .3 because the Owners Representative or Owner has not issued a certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.2,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period whichever is less;or .5 the Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Subparagraph 2.2. 14.1.2 If one of the above reasons exists,the Contractor may,upon seven additional days'written notice to the Owner and Owners Representative,terminate the Contract and recover from the Owner payment for Work executed and for proven loss 2/25/2021 GENERAL CONDITIONS 00750-28 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project with respect to materials,equipment,tools,and construction equipment and machinery,including reasonable overhead,profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and Owners Representative,terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 Termination by the Owner for Cause 14.2.1 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. 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Owners Representative, and upon certification by the Owner 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 finishes the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction manger's and Owner's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner. The amounts to be paid to the Contractor or Owner,as the case may be,shall,upon application,be certified by the Owner after consultation with the Owners Representative,and this obligation for payment shall survive termination of the Contract. 14.3 Suspension by the Owner for Convenience 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 14.4 Scrutinized Companies Termination Provisions: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287135(4),Florida Statutes,are met. 2/25/2021 GENERAL CONDITIONS 00750-29 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Project For Contracts of$1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287135(4),Florida Statutes,are met. END OF SECTION 00750 2/25/2021 GENERAL CONDITIONS 00750-30 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Proiect SECTION 00850 PUBLIC CONSTRUCTION BOND BY THIS BOND, We , as Principal and a corporation, as Surety, are bound to ,herein called Owner,in the sum of S for payment of which we bind ourselves, our heirs,personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated 20,between Principal and Owner for construction of: Harbour Drive Bridge(#904604) and Seaview Drive Bridge (#904606) Strengthening Project Duck Key Monroe County,Florida 1. The contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1),Florida Statutes, supplying Principal with labor, materials, or supplies,used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees,including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2) Florida Statues. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated , 20. (Name of Principal) By (As Attorney in Fact) (Name of Surety) END OF SECTION 00850 2/25/2021 PUBLIC CONSTRUCTION BOND 00850-1 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)StrenZhenine Project GENERAL INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract(including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Sub-Contractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: - Certificate of Insurance or - A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. 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. The Monroe County Board of County Commissioners, its employees and officials; and The Florida Department of Transportation will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. 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 Monroe County's Risk Manager. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-1 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project Indemnification and Hold Harmless For Construction Contractors and Subcontractors Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including 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. In the event the completion of the project(including 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-2 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project MONROE COUNTY,FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY _X Workers' Compensation Statutory Limits WC1 Employers' Liability $100,000/$500,000/$100,000 WC2 Employers'Liability $500,000/$500,000/$500,000 WC3 X Employers' Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH X US Longshoremen& $1,000,000/$1,000,000/$1,000,000 Harbor Workers Act WCJA X Federal Jones Act $1,000,000 Recognizing that the work governed by this contract involves Maritime Operations,the Contractor's Workers' Compensation Insurance Policy will include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not less than $1,000,000. The Contractor will be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-3 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Project 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 Monroe County and FDOT will be named as additional insured on General Liability Policy. Required Limits: GLI $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit GL2 $ 250,000 per Person; $500,000 per Occurrence $ 50,000 Property Damage or $ 500,000 Combined Single Limit GL3 $1,000,000 Combined Single Limit $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage GL7 X Premises Operations, Products and Completed Operations, Blanket Contractual Liability,Personal Injury Liability $ 5,000,000 Combined Single Limit 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 and FDOT will be named as Additional Insured on all policies issued to satisfy the above requirements. Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-4 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project Builder's Risk Insurance Requirements The contractor is required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage will include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property,materials, or supplies located on the construction premises,which are intended to become a permanent part of the building,will be included as property insured. The policy will be endorsed to include Monroe County Board of County Commissioners as the Loss Payee. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-5 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - 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 VL2 _ $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit VL3 X $ 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 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-6 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Project INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-7 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insuredif a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And; • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and routed to Risk Management for consideration and negotiation as soon as possible. The form will be returned, either approved or disapproved, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-8 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: END OF SECTION 00900 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-9 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)StrenZhening Project SECTION 01000 SPECIAL CONDITIONS 1.1 SCOPE A. The Project consists of all related work as identified in Section 00300 and on the Construction Drawings and the Specifications for the Project. 1.2 STANDARD DOCUMENTS A. Construction shall conform to the technical portions of the most recently published edition of Florida D.O.T. Standard Specifications for Roadway Construction, the Technical Specifications included in this Manual and all appropriate portions of the Monroe County Public Works Manual, except when otherwise indicated hereinafter. The Contractor is responsible for complying with all OSHA and ADA regulations pertaining to this project. 1.3 LAYING OUT THE WORK A. The Contractor shall be responsible for establishing all lines and grades together with all reference points as required by the various trades for all work under this Contract. B. The Contractor shall provide all labor and instruments and all stakes, templates, and other materials necessary for marking and maintaining all lines and grades. The lines and grades shall be subject to any checking the Director of Engineering Services may decide necessary. C. No separate cost item is provided for laying out the work, the cost of which shall be included in the unit prices for items in the bid. 1.4 CONTRACTOR'S OFFICE A. Not Used. 1.5 CARE OF TREES, SHRUBS AND GRASS A. The Contractor shall be fully responsible for maintaining in good condition all vegetation inside the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the construction operation, the Contractor, after completion of the work, must replace or restore to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. He must, however, leave the area in a clean and workmanlike condition. Care of trees, shrubs and grass shall be considered incidental & cost shall be included in the bid price of the items listed in the bid. 1.6 EXISTING STRUCTURES AND UTILITIES 2/25/2021 SPECIAL CONDITIONS 01000-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)StrenZhening Project A. The Contractor shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared by the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this Contractor's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. C. Any existing utility castings, including valve boxes, junction boxes, manholes, hand holes, pull boxes, manhole rings, inlet grates, and similar utility structures located within the limits of the right-of-way and the project boundary limits are to remain in service and shall be adjusted by the Contractor or if by mutual agreement, the utility Owner. There will be no separate pay items for adjustments. 1.7 Not Used 1.8 RECORD DRAWINGS Record Drawings will be required before final payment. 1.9 SUBSURFACE INVESTIGATION A. The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature & location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or ground water table conditions will not be allowed. B. The Geotechnical Report for investigation during design is included in Attachment A to this section. 1.10 PROJECT SIGNS A. The Contractor will construct a project sign with current information. An example of a project sign is included in Attachment B to this section. 1.11 MAINTENANCE OF TRAFFIC 2/25/2021 SPECIAL CONDITIONS 01000-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)StrenZhening Project A. The Contractor shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida D.O.T. It shall be the Contractor's responsibility, as Bidder, prior to submitting his Bid, to determine the requirements so that his Proposal reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in providing the proper maintenance, control, detour and protection of traffic. The Contractor will be required to submit a Maintenance of Traffic Plan covering all phases of the Project to the Owner for review and approval prior to the start of Work. B. All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. C. Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 1.12 BARRICADES AND PROTECTION OF WORK A. The Contractor shall protect his work throughout its length by the erection of suitable barricades, where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. B. In the event or threat of a hurricane the Contractor shall remove all equipment and material from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site should pose a threat to anyone caused by wind or water. 1.13 TURBIDITY CONTROL A. The Contractor shall employ adequate silt containment equipment and/or procedures during excavation and construction to control turbidity of the adjacent waters to within the limits required by Federal, State and local laws and/or permit requirements. The Contractor shall furnish all labor and materials and perform all operations necessary for the installation and maintenance of a silt barrier around the area of construction including the removal of the barrier upon completion of the project. 1.14 PROTECTION OF WATER RESOURCES It is intended that the natural resources outside the limits of permanent work performed under the contract be preserved in their existing condition. The Contractor shall confine all activities to areas defined by the drawings and/or contract documents. The Contractor shall not discharge or permit the discharge into waters of any fuels, oils, bitumen, garbage, sewage, or other materials that may be detrimental to outdoor recreation. All work shall be performed in such a manner that 2/25/2021 SPECIAL CONDITIONS 01000-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)StrenZhening Project objectionable conditions will not be created in waters through or adjacent to the project area. If a violation is noted during construction, all work shall cease until the condition is corrected by the Contractor. All work shall be performed in accordance with South Florida Water Management District Permitting. 2/25/2021 SPECIAL CONDITIONS 01000-5 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strmzhening Project GENERAL REQUIREMENTS Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project SECTION 01025 MEASUREMENT AND PAYMENT 1.0 GENERAL A The Contractor shall receive and accept the compensation provided in the Proposal and the Contract as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the actual quantities of work and quantities herein estimated by the Engineer, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work until final acceptance by the Owner. B. The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, testing, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the details and specified herein. The basis of payment for an item at the unit price shown in the proposal shall be in accordance with the description of that item in this Section. C. The Contractor's attention is again called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. 2.0 MEASUREMENT A. The quantities for payment under this Contract shall be determined for those completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefore contained herein. A representative of the Contractor shall witness any field measurements. END OF SECTION 01025 2/25/2021 MEASUREMENT AND PAYMENT 01025-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project SECTION 01027 APPLICATION FOR PAYMENT 1.1 SUMMARY A. This section provides procedures for preparation and submittal of Applications for Payment. 1.2 FORMAT A. The Application and Certificate for Payment including the Worksheet is the required format for submitting invoices. Copies of these forms are included in this section. In addition, the Contractor's Affidavit of Payment of Debits and Claims form used for final payment is included. The Owner reserves the right to modify the format to better suit his internal accounting system. 1.3 PREPARATION OF APPLICATIONS A. The Contractor is required to adhere to the following procedure for filling-out the Application for Payment form. 1. Present required information in typewritten form. 2. List Contractor's schedule of values on the Application for Payment form identifying the progress,retention, and payment amounts for each item as indicated on the form. 3. List each authorized Change Order on the form, including change order number, date, change in dollar amount, and change in time amount, etc. as required. 4. Execute certification by notarized signature of authorized officer. 5. Attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section. 1.4 SUBMITTAL PROCEDURES A. Initial Payment Application: The following documentation must be submitted prior to processing the initial payment application: 1. Approved schedule of values 2. Approved construction schedule 3. Approved submittal schedule B. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received,reviewed, and approved by the Owner's Representative. C. Submit an updated construction and submittal schedule and a partial release of lien with each Application for Payment. 2/25/2021 APPLICATION FOR PAYMENT 01027-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project D. Payment Period: Submit once per month, during the last week of the month. Payment will be made by the Owner approximately 30 days after receipt of completed documentation. E. Submit one (1) copy of each Application for Payment. 1.5 SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. 1.6 FINAL PAY REQUEST A. When the work has been completed, the Contractor shall; submit a final application for payment, execute a Final Release of Lien and Contractor's Affidavit of Release of Liens, Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, submit Consent of Surety to Final Payment form and submit the Contractor's Affidavit of Payment of Debts And Claims form as contained in this Section. B. These documents will be furnished to the Owner on a form similar to those supplied. 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THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property has been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non-payment: (If none, write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of , 20 Witness Name of Company Witness Signature, Title 2/25/2021 APPLICATION FOR PAYMENT 01027-5 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Proiect MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars (S ) paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es)hereby release and quit claim to Monroe County, Florida,the Owner,its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property,building, and/or improvements, on account of labor performed,material furnished, and/or for any incidental expense for the construction of- thereon or in otherwise improving said property situated as above described. Subscribed and sworn to (or affirmed)before me,by means of❑physical presence or ❑ online notarization, on (date)by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Witness Name of Company Witness Signature, Title Notary Public My commission expires: 2/25/2021 APPLICATION FOR PAYMENT 01027-6 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenethenine Proiect CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Nrnne and add-0 CONTRACT DATED: PROJECT: (Nance and addr-0 State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: Subscribed and sworn to (or affirmed)before SUPPORTING DOCUMENTS ATTACHED me, by means of❑ physical presence or ❑ HERETO: online notarization, on (date)by 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. (name of affiant). He/She is personally known to me or has produced 2. Separate Releases or Waivers of Liens from Subcontractors and material and (type of identification) as equipment suppliers, to the extent required identification. by the Owner, accompanied by a list thereof. CONTRACTOR: Notary Public: (Name and addr-0 (SEAL) By: (Signature of authorized representative) My Commission Expires: (Printed Name and Title) 2/25/2021 APPLICATION FOR PAYMENT 01027-7 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Proiect CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: (Address) TO: (Owner) CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) SURETY COMPANY, on bond of (Here insert name and address of Contractor) , CONTRACTOR,hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligation to (Here insert name and address of Owner) OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 Surety Company Signature of Authorized Representative Title 2/25/2021 APPLICATION FOR PAYMENT 01027-8 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Proiect CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of: County of: The undersigned,pursuant to Article 9 of the General Conditions of the Contract for Construction,hereby certifies that,except as listed below,he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work,labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved,Consent of Surety is required. AIA DOCUMENT G707,CONSENT OF SURETY,may be used for this purpose. Indicate attachment: yes( ) no ( ) Address: The following supporting documents should be attached hereto: By: I. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Subscribed and sworn to(or affirmed)before me,by 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment means of❑physical presence or❑online notarization, suppliers,to the extent required by the Owner, accompanied by a list thereof. on 3. Contractor's Affidavit or Release of Liens. (date)by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. 2/25/2021 APPLICATION FOR PAYMENT 01027-9 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Strenzhenine Proiect CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge,information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time),on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities, damage to the Work and insurance shall be as follows: END OF SECTION 01027 2/25/2021 APPLICATION FOR PAYMENT 01027-10 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project SECTION 01153 CHANGE ORDER PROCEDURE PARTI -GENERAL 1.1 DESCRIPTION A. Work included: Make such changes in the Work, in the Contract Sum, in the Contract Time of Completion, or any combination thereof, as are described in written Change Orders signed by the Owner and the Engineer and issued after execution of the Contract,in accordance with the provisions of this Section. B. Related Work: Documents affecting work of this Section include,but are not necessarily limited to Supplementary Conditions,and Sections in the Technical Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such measures as are needed to assure familiarity of the Contractor's staff and employees with these procedures for processing Change Order data. 1.3 SUBMITTALS A. Make submittals directly to the Owner's Representative with a copy to the Director of Engineering Services;the address for submittal delivery is: Director of Engineering Services Monroe County Engineering Department 1100 Simonton Street Key West,Florida 33040 B. Submit the number of copies called for under the various items listed in this Section. 1.4 PROJECT HANDLING A. Maintain a"Register of Bulletins and Change Orders"at the job site,accurately reflecting current status of all pertinent data. B. Make the Register available to the Director of Engineering Services for review at his request. 1.5 PROCESSING CHANGES INITIATED BY THE OWNER A. Should the Owner contemplate making a change in the Work or a change in the Contract Time of Completion,the Director of Engineering Services will issue a"Bulletin"to the Contractor. 1. Bulletins will be dated and will be numbered in sequence. 2. The Bulletin will describe the contemplated change and will carry one of the following instructions to the Contractor: a. Make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion. 2/25/2021 CHANGE ORDER PROCEDURE 01153-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project b. Promptly advise the County Director of Engineering Services as to credit or cost proposed for the described change. This is not an authorization to proceed with the change. B. If the Contractor has been directed by the County Director of Engineering Services to make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion,but the Contractor wishes to make a claim for one or both of such changes, the Contractor shall proceed with the change and shall notify the Director of Engineering Services of the change. C. If the Contractor has been directed by the County Director of Engineering Services to make the described change subject to later determination of cost or credit,the Contractor shall: 1. Take such measures as needed to make the change. 2. Consult with the County Director of Engineering Services and reach agreement on the most appropriate method for determining credit or cost for the change. D. If the Contractor has been directed by the County Director of Engineering Services to promptly advise him as to credit or cost proposed for the described change,the Contractor shall: I. Analyze the described change and its impact on costs and time. 2. Secure the required information and forward it to the County Director of Engineering Services for review. 3. Meet with the County Director of Engineering Services as required to explain costs and when appropriate,determine other acceptable ways to achieve the desired objective. 4. Alert pertinent personnel and subcontractors as to the impending change and, to the maximum extent possible, avoid such work as would increase the Owner's cost for making the change, advising the County Director of Engineering Services in writing when such avoidance no longer is practicable. 1.6 PROCESSING CHANGES INITIATED BY THE CONTRACTOR A. Should the Contractor discover a discrepancy among the Contract Documents, a concealed condition, or other cause for suggesting a change in the Work, a change in the Contract Sum, or a change in the Contract Time of Completion, he shall notify the County Director of Engineering Services as required by pertinent provisions of the Contract Documents. B. Upon agreement by the County Director of Engineering Services that there is reasonable cause to consider the Contractor's proposed change, the Director of Engineering Services will issue a Bulletin in accordance with the provisions described in Article 1.5 above. C. PROCESSING BULLETINS Make written reply to the County Director of Engineering Services in response to each Bulletin. 2/25/2021 CHANGE ORDER PROCEDURE 01153-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project 1. State proposed change in the Contract Sum,if any. 2. State proposed change in the Contract Time of Completion,if any. 3. Clearly describe other changes in the Work required by the proposed change,or desirable therewith,if any. 4. Include full backup data such as subcontractor's letter of proposal or similar information. 5. Submit this response in single copy. D. When cost or credit for the change has been agreed upon by the Owner and the Contractor, or the Owner has directed that cost or credit be determined, then the County Director of Engineering Services will issue a"Change Order"to the Contractor. 1.7 PROCESSING CHANGE ORDERS A. Change Orders will be dated and will be numbered in sequence. B. The Change Order will describe the change or changes,will refer to the Bulletin or Bulletins involved,and will be signed by the Owner and the County Director of Engineering Services. C. The County Director of Engineering Services will issue three copies of each Change Order to the Contractor. 1. The Contractor promptly shall sign all three copies and return two copies to the County Director of Engineering Services. 2. The County Director of Engineering Services will retain one signed copy in his file and will forward one signed copy to the Owner. D. Should the Contractor disagree with the stipulated change in Contract Sum or change in Contract Time of Completion,or both: 1. The Contractor promptly shall return three copies of the Change Order,unsigned by him, to the County Director of Engineering Services with a letter signed by the Contractor and stating the reason or reasons for the Contractor's disagreement. 2. The Contractor's disagreement with the Change Order shall not in any way relieve the Contractor of his responsibility to proceed with the change as ordered and to seek settlement for the dispute under pertinent provisions of the Contract Documents. END OF SECTION 01153 2/25/2021 CHANGE ORDER PROCEDURE 01153-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project SECTION 01200 PRE-CONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Pre-Construction Meeting 1.2 LOCATION A. A central site designated by the Director of Engineering Services. B. Attendance: 1. Monroe County Director of Engineering Services. 2. The Contractor's Superintendent. 3. Major subcontractors. 4. Major suppliers. 5. Utility Companies 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion o£ a. List of major subcontractors and suppliers. b. Projected Construction Schedules, including critical working sequencing. 2. Major equipment deliveries and priorities. 3. Project Coordination. 4. Channels and procedures for communication. a. Designation of responsible personnel. 5. Procedures and processing o£ a. Field decisions. b. Proposal requests. C. Submittals and shop drawings. 2/25/2021 PRECONSTRUCTION MEETING 01200-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project d. Change Orders. e. Applications for Payment. f. Bulletins 6. Distribution of the Contract Documents. 7. Rules and regulations governing performance of work. 8. Procedures for maintaining Record Documents. 9. Use of Premises: a. Office,work, staging, and storage areas. 10. Construction facilities, controls and construction aids. 11. Temporary Utilities. 12. Safety and First-Aid procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days by Owner. END OF SECTION 01200 2/25/2021 PRECONSTRUCTION MEETING 01200-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Submit to the Owner's Representative, submittal schedule, shop drawings, product data, certifications and samples required by the Technical Specifications. B. Related Sections: 1. Individual submittals required: refer to each specific section, for certifications, shop drawings,product data and sample requirements. C. The Contractor shall allow a minimum of seven(7) calendar days excluding holidays for review of submittal by the Owner's Representative. 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract a preliminary "Submittal Schedule" to the Owners Representative for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Owner's Representative. 2. Date Contractor has scheduled to order material or other equipment or the submittal item. 3. Date Contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the Owner's Representative should be aware of. C. The Contractor shall allow a minimum of one (1)week for review of submittal by the Owner's Representative. (in calendar days). D. The submittal master record will then be used to track submittals within the process. 2/25/2021 SUBMITTALS 01301-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 1.3 SHOP DRAWINGS A. Contractor shall submit legible shop drawings, suitable for reproduction. Prints that cannot be reproduced will be returned to the Contractor for re-submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall not exceed the size of the Contract Drawings. E. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of the CEI and the Contractor. F. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. Owner b. The Contractor C. Supplier d. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detail number. G. Submit prints without folds either as flat sheets if size permits, or rolled in tubes. H. The Contractor shall submit(1)reproducible and(1)copy to the Owner's Representative. The Owner's Representative will return(1)copy to the Contractor. 2/25/2021 SUBMITTALS 01301-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 1.4 PRODUCT DATA A. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. B. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for re-submittal. C. The Contractor shall submit at a minimum, (1) original and(1) copy to the Owner's Representative. The Owner's Representative will return(1) copy to the Contractor after review. 1.5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. The Contractor shall submit(2) samples to the Owner's Representative and(1)will be returned to the Contractor after review. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationery. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit(1) original and(1) copies to the CEI. The CEI will return(1) sets to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Owner's Representative, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Owner's Representative for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Owner's Representative. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Owner's Representative in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Owner's Representative's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. 2/25/2021 SUBMITTALS 01301-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project F. Do not begin the Work which requires submittals until return of submittals with the Owner's Representative's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Owner's Representative's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Owner's Representative's review of submittals unless the Owner's Representative gives written acceptance of specific deviations. 1.8 THE ENGINEER'S RESPONSIBILITIES A. The Owner's Representative will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The Owner's Representative will make changes or notations directly on the submittal, identify such review with his review stamp, and return the submittal to the Contractor. C. The Owner's Representative will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. D. The Owner's Representative will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the County's Inspector in sufficient quantity to allow proper coordination of the Contract. END OF SECTION 01301 2/25/2021 SUBMITTALS 01301-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 3. Copy of State of Florida Department of Transportation Daily Report of Construction Form 700-010-13. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. The FDOT form 700-010-13 is attached. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example,you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday,4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipefitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered,whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible,print the name of the signer next to the signature. 2/25/2021 DAILY CONSTRUCTION REPORTS 01385-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre-construction meeting. Contractors are to submit the original of their report, and should keep a copy for their records. The Project Engineer photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:OOam the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. 2/25/2021 DAILY CONSTRUCTION REPORTS 01385-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 00 DAILY' REPORT OF CONSTRUCTION �x gate: Contract ID, ern n i I Project JD lrrsp tor: SUM Conditions P Condition Cow Terri: .. . . .. . . . ........ . . ........ . . . ....... ... . . .... ,.M.,. .. .. . . . .... . . . . .. . . . ........ . . ........ . . . ........ . . ...«....., Remarks ............................................................................................................................................................................................ en�re,9: Accidents, I I�a Cy f� r�tract I a Total I a s "��s S AccidentIe. rart...Iated Visitor& 1 �� i .. .. Co i tr t t urbs and Personnel . C. .�`� � s � . .�� r&me s , " 50 6 r UTimy 5 L P ) Fose) an zPd�G .,� Y en,t k, �a Common Trainee Tip t 3tu�9 l�tl�t '�� .fin �s Contractor(s) F u®pnj!rnt A ive Or 9dl .,. . .. ..a ......... ,,. C r trf ub F ui menr Y #t T tW Hours .) E0 ( Des n tr r�.. .. .,a .. .. ., m . .. .. 6�� Pieces used ,.,... ....Used. . 1....................................................... ............... .. I: 2/25/2021 DAILY CONSTRUCTION REPORTS 01385-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 700-010-13 CONSTRUCTION 06!09 P oezffs Date: Contract II D: Estimated Work Performed Contri Line Item# Pay Item Time AMIPM Installed Sub# Code Location Beginning Ending Qty. Units EFFECTS OF WEATHER ON MAJOR WORK ITEMS (CHECK CONTROLLING ITEMS). No Effect Affected Less Than 50% Affected NEore Than 50% No Work Major and?or Controlling Work Items RI[Day of Work Day Of Work Day All Day ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CONTRACTOR PAST PERFORMANCE PURSUIT OF THE WORK: ❑YES ❑ NO CONFORMANCE WITH CONTRACT DOCUMENTS: ❑YES ❑NO TECHNICIAN'S SIGNATURE AND RATING: HOURS AT JOB SITE TOTAL HOURS FROM: TO: ENGINEER IN CHARGE NAME, RANK AND INITIALS): DATE: DISTRIBUTION: Original—Project Engineer Copy—Contractor has requested} 2/25/2021 DAILY CONSTRUCTION REPORTS 01385-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strengthening Project 700-010-13 CONSTRUCTION 06109 P ge3d3 Attachment Page Date: Contract ID: Financial Project ID: Inspector: Remarks General: Accidents: Day of Week: Contract Day: Total Days: ❑No ❑Yes See Accident Report Dated: Visitors: Contractors Equipment Active or Idle Contr/Sub Equipment # # Total Hours # ID Description Pieces Used Used END OF SECTION 01385 2/25/2021 DAILY CONSTRUCTION REPORTS 01385-5 Bimini Drive Bridge 0904603)Replacement Project SECTION 01395 REQUEST FOR INFORMATION 1.1 SUMMARY A. Notification to the Owner's Representative and Director of Engineering Services in the event of field conflicts or if errors or omissions are found in the Contract Documents. B. Utilization of Request for Information form. 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION REPORTS A. All field conflicts, and errors or omissions in the Contract Documents shall be brought to the attention of the Owner's Representative and Director of Engineering Services immediately. If clarifications are necessary, a completed Request for Information form is to be conveyed to the Owner's Representative and the Director of Engineering Services. The RFI is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for direct verbal communication. B. In completing the RFI form, the contractor should propose a solution to the field conflict and enter same on the form in sufficient detail necessary for the Owner's Representative and Director of Engineering Services to confirm the contractor's proposed solution. The contractor should also include any proposed change in contract price, if necessary, with the solution he proposes. C. If omissions or errors are noted in the Contract Documents, a completed RFI form should be submitted to the Owner's Representative and Director of Engineering Services identifying the omission or error. D. The contractor is also required to identify all other trade work which is affected by the conflict, omission or error, and all trade work which will be affected by the proposed solution. 1.3 REQUESTS FOR INFORMATION PROCEDURE A. The RFI form is included in this Section for the contractor's use before and during the project. The form may be faxed to the Monroe County Engineering Department for a faster response at (305) 295-4321; however, the original must be mailed to the Monroe County Engineering Department and submitted to the Owner's Representative before a response can be given. 2/25/2021 REQUEST FOR INFORMATION 01395-1 Bimini Drive Bridge 0904603)Replacement Project From: To: Monroe County Engineering 1 100 Simonton Street Key West, Florida 33040 Phone: Fax: Phone: (305)295-4329 Fax: (305)295-4321 Project Name: Receipt Logged: Submitted By: Date: Dwg/Spec No./Revision/Detail/Sect.No. Drawing No. Subject: Problem&suggested solution: Engineering Dept. Review Solution: END OF SECTION 01395 2/25/2021 REQUEST FOR INFORMATION 01395-2 Bimini Drive Bridge 0904603)Replacement Project SECTION 01400 ENVIRONMENTAL PROTECTION PARTI -GENERAL 1.1 SCOPE The scope of this Section consist of providing and maintaining environmental protection during all phases of the construction and the compliance of operations with all Federal, State, and local regulations and permit requirements pertaining to the prevention and control of pollution. 1.2 ENVIRONMENTAL PROTECTION PLAN The Contractor shall be responsible for the preparation and submission of an environmental protection plan. After the contract is awarded and prior to commencement of any work, the Contractor shall document proposed actions to comply with required environmental protection in an environmental protection plan. The plan will include the Contractor's plan for turbidity and erosion control, storage and disposal of material,water quality protection requirements and adherence to conditions of this section and of permits issued for the Work. The Contractor shall submit for approval the proposed environmental protection plan no later than the pre- construction meeting. In case of repeated failures on the part of the Contractor to comply with the environmental protection plan or control pollution, the right is reserved to the Director of Engineering Services to employ outside assistance to provide the necessary corrective measures. Such incurred cost, plus engineering costs, will be charged to the Contractor and appropriate deductions made from the Contractor's Final Payment. 1.3 APPLICABLE PUBLICATIONS In order to prevent and to provide control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution control and all applicable provisions of the Corps of Engineers Manual, EM 385-1-1, entitled "General Safety Requirements", in effect on the date of solicitation, as well as the specification,including the permit requirements of all regulatory agencies. 1.4 PROTECTION of WATER RESOURCES Seagrass beds and other benthic communities (eg. Corals) may be present in the Work area. Contact with the seabed and any disturbance of bottom sediments should be avoided. Benthic communities should not be shaded from direct sunlight(by equipment,barges, etc)for more than two weeks. If a barge is used, anchoring locations must be approved in advance by the project engineer. It is intended that the natural resources outside the limits of permanent work performed under the contract be preserved in their existing condition. The Contractor shall confine all activities to areas defined by the drawings and/or contract documents. The Contractor shall not discharge or permit the discharge into waters of any fuels, oils,bitumen, garbage, sewage, or other materials that may be detrimental to outdoor recreation.All work shall be performed in such a manner that objectionable conditions will not be created in waters through or adjacent to the project area. If a violation is noted during construction, all work shall cease until the condition is corrected by the Contractor. The Contractor shall exercise extreme care to minimize degradation of the water quality at the site. All necessary provisions shall be taken to ensure compliance with the water quality standards of the State of 2/25/2021 ENVIRONMENTAL PROTECTION 01400-1 Bimini Drive Bridge 0904603)Replacement Project Florida.Attention is called to Chapter 62-302, Florida Administrative Code and in particular,the requirements that turbidity shall not exceed 0 Nephelometric Turbidity Unit's (NTU's) above background level and also shall not degrade existing ambient water quality.Adequate silt containment procedures and equipment shall be used as necessary to control turbidity within State standards. When required by any government agency, the Contractor shall make water quality measurements and submit results to the Agency and Director of Engineering Services to assure construction operations are in compliance with the standards of 62-302, F.A.C. All water quality measurements shall confirm to the test methods specified in Chapter 40,Part 136 of the Code of Federal Regulations. 1.5 TURBIDITY CONTROL The Contractor shall employ adequate silt containment equipment and/or procedures during bridge construction and rehabilitation activities to control turbidity of the adjacent waters to within the limits required by Federal, State and local laws and/or permit requirements. The Contractor shall furnish all labor and materials and perform all operations necessary for the installation and maintenance of a turbidity curtain around the bridge structure or portion of the structure being worked on. The Contractor shall relocate the turbidity curtain as needed so that all work is performed within the turbidity control curtain. The Contractor shall furnish all labor and materials for the removal of the curtain upon completion of the project. The fabric forming the turbidity curtain shall be maintained in a vertical position by flotation material at the top and a ballast chain along the bottom. Use minimum depths at the lowest low tide to determine the necessary skirt depth. Allow for 1 to 2 feet of clearance between the lower edge of the skirt and the existing bottom.In moving water or when depths are excessive,it is not necessary to extend the curtain depth below 10 to 12 feet below the surface. The curtain shall remain in place following completion of construction until the quality of the water within the confined area conforms to that of the adjacent water. 1.6 EROSION CONTROL The Contractor shall furnish all labor and materials to erect and maintain silt fences at all work areas and all equipment/materials staging areas that are adjacent to wetlands. No staging activities shall occur within wetland areas. The Contractor shall remove silt fences upon completion of Work. 1.7 MANGROVE TRIMMING Should mangrove trimming be required during the project, the Contractor shall be responsible for all labor, materials, equipment, personnel and permit fees for obtaining an Individual Permit to Alter or Trim Mangroves from the Florida Department of Environmental Protection(FDEP). The Contractor shall provide for a Certified Arborist to be present on site to direct all mangrove trimming activities. 1.8 FISH&WILDLIFE RESOURCES The Contractor shall at all times perform all work and take such steps required to prevent any interference or disturbance to fish and wildlife. The Contractor shall not be permitted to significantly disturb native habitat adjacent to the project area that are critical to fish and wildlife except as may be indicated or specified. Various species including the American Crocodile, the Small Toothed Sawfish and Sea Turtle species may inhabit waters adjacent to the Work area. The Contractor is required to adhere to all Federal and State 2/25/2021 ENVIRONMENTAL PROTECTION 01400-2 Bimini Drive Bridee 0904603)Replacement Project requirements regarding endangered and threatened specials and State listed species of special concern if these species are encountered during construction activities. 1.9 PROTECTION OF LAND RESOURCES It is intended that the natural resources outside the limits of permanent work be performed be preserved in their existing condition or be restored to an equivalent or approved condition upon completion of the work. The Contractor shall confine his construction activities to areas defined by the drawings and contract documents. Except in areas indicated to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy trees, shrubs, or other plant life without special permission.No ropes, cables or guys shall be fastened or attached to existing trees or shrubs. All landscape features scarred or damaged by the Contractor's equipment or operations shall be restored to their original condition of the Contractor's expense. The Director of Engineering Services shall approve the proposed restoration plan prior to its initiation. END OF SECTION 01400 2/25/2021 ENVIRONMENTAL PROTECTION 01400-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project SECTION 01630 POST-BID SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case o£ 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1. Product description. 2. Reference standards. 3. Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2/25/2021 POST BID SUBSTITUTIONS 01630-1 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project 2. Acceptance will require substantial revision of Contract Documents. 3. In judgment of the Director of Engineering Services the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of the Director of Engineering Services. F. Director of Engineering Services will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract,but not: a. Costs under separate contracts. 1.4 POST-BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. 2/25/2021 POST BID SUBSTITUTIONS 01630-2 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project POST-BID SUBSTITUTIONS FORM To: Director of Engineering Services Monroe County Engineering Dept. 1100 Simonton Street Key West, Fl. 33040 We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawing and/or Specifications, which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiation data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Director of Engineering Services: 2/25/2021 POST BID SUBSTITUTIONS 01630-3 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project Approved Not Approved Approved as noted Insufficient data received By Date Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. Will the undersigned pay for changes to the building design,including engineering and detailing costs caused by the requested substitution? Yes No If no,fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s)with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of. Dollars (S ). I. Designation of maintenance services and sources: END OF SECTION 01630 2/25/2021 POST BID SUBSTITUTIONS 01630-4 Harbour Drive Bridge 0904604)and Seaview Drive Bridge 0904606)Strenzhening Project TECHNICIAL SPECIFICATIONS Most recent version of Florida Department of Transportation Divisions II and III of Standards Specifications for Road and Bridge Construction, as amended by Contract Documents. OFF SYSTEM LAP "BIG THREE" SPECIFICATIONS SECTION 120 EARTHWORK AND RELATED OPERATIONS SECTION 334 SUPERPAVE ASPHALT FOR OFF SYSTEM ROADS SECTION 580 LANDSCAPE INSTALLATION FOR LAP (OFF SYSTEM) Client#: 720292 AMERIEMPIR DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 3/05/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh&McLennan(CLW) PHONE 727 447-6481 FAX 727 449-1267 A/C,No,Ext: (A/C,No): 101 N Starcrest Dr. E-MAIL ADDRESS: certificates@bouchardinsurance.com Clearwater, FL 33765 INSURER(S)AFFORDING COVERAGE NAIC# 727 447-6481 INSURER A:AIX Specialty Insurance Company 12833 INSURED INSURER B:Starstone Specialty Insurance Company 44776 American Empire Builders, Inc. StarNet Insurance Company 40045 INSURER C: P Y 13775 SW 145th CT INSURER DCharter Oak Fire Insurance Co 25615 Suite B INSURER E:Vanta ro Specialty Insurance Company 44768 Miami, FL 33186 INSURER F: Evanston Insurance Company 135378 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y L1 HH42671400 12/08/2020 12/08/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:5,000 Approved Risk Managem nt with attachments MED EXP(Any one person) $5,000 ems IL "!Y 6 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT LOC 3-10-2021 PRODUCTS s2,000,000 OTHER: PRO- $ E AUTOMOBILE LIABILITY Y Y 5087027302 12/08/2020 12/08/2021 COEaMBINED ccidentS INGLE LIMIT $1r 000r 000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Pera ccident $ B UMBRELLA LIAB N OCCUR 89186A200ALI 12/08/2020 12/08/2021 EACH OCCURRENCE s5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED X RETENTION$0 $ C AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y KEY0138563211 01/01/2021 01/01/2022 X PERSTATUTE I OTERH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Rented/Leased 6605N315142TIL20 09/04/2020 09/04/2021 2,000,000 Each Item Equipment F Pollution Liab Y Y CPLM0L104100 09/10/2020 09/10/2021 $2M Occurrence/$2M Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Name: Harbour Drive Bridge(#904604)and Seaview Drive Bridge(904606)Strengthening Project Duck Key Monroe County, FL Complete Certificate Holder(s) Name: Monroe County Board of County Commissioners,WSP USA Inc., Kisinger Campo&Associates. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S8076346/M7157386 RCMPK DESCRIPTIONS (Continued from Page 1) If required by written contract, Certificate Holder is an additional insured with respect to General Liability,subject to the terms, conditions and exclusions of the policies.Additional insured with respect to General Liability includes ongoing and completed operations. Coverage with respect to General Liability is primary and noncontributory. When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability subject to the terms, conditions and exclusions of the policy. There are no exclusions for Jib, Boom and/or Overload on the Rented/Leased Equipment policy. SAGITTA 25.3(2016/03) 2 of 2 #S8076346/M7157386 POLICY NUMBER:American Empire Builders, Inc. COMMERCIAL AUTO NAMED INSURED: 5087027302 CA 04 50 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Other Insurance 2. You have agreed in writing in a contract or Condition in the Business Auto and Garage Coverage agreement that this insurance would be Forms and the Other Insurance — Primary And primary and would not seek contribution from Excess Insurance Provisions in the Motor Carrier any other insurance available to such Coverage Form and supersedes any provision to the "insured". contrary: This Coverage Form's Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and CA 04 50 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 NAMED INSURED:American Empire Builders, Inc. POLICY NUMBER:L1 HH42671400 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations All persons or organizations when you have agreed in All Locations writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ppy y caused, in whole or in part, by: "property damage" occurring after: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Pagel of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 NAMED INSURED:American Empire Builders, Inc. POLICY NUMBER:L1 HH42671400 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations when you have agreed in All Locations writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 NAMED INSURED:American Empire Builders, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: L1 HH42671400 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ NAMED INSURED:American Empire Builders, Inc. POLICY NUMBER:L1 HH42671400 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 NAMED INSURED:American Empire Builders, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER:L1 HH42671400 CG 20 34 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to A person's or organization's status as an include as an additional insured any person(s) or additional insured under this endorsement ends organization(s) from whom you lease equipment when their contract or agreement with you for such when you and such person(s) or organization(s) leased equipment ends. have agreed in writing in a contract or agreement B. With respect to the insurance afforded to these that such person(s)or organization(s) be added as additional insureds, this insurance does not apply an additional insured on your policy. Such to any "occurrence" which takes place after the person(s)or organization(s) is an insured only with equipment lease expires. respect to liability for bodily injury", property damage" or "personal and advertising injury" C. With respect to the insurance afforded to these caused, in whole or in part, by your maintenance, additional insureds, the following is added to operation or use of equipment leased to you by Section III— Limits Of Insurance: such person(s)or organization(s). The most we will pay on behalf of the additional However, the insurance afforded to such insured is the amount of insurance: additional insured: 1. Required by the contract or agreement you 1. Only applies to the extent permitted by law; have entered into with the additional insured; and or 2. Will not be broader than that which you are 2• Available under the applicable Limits of required by the contract or agreement to Insurance shown in the Declarations; provide for such additional insured. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 34 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Harbour Drive Briclee C4904604}and Seavim Drive 136&L;(11904606)Strengthening;Proieet MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: American Empire Builders, Inc. Contract for: Harbour Bridge (#904604) and Seaview Drive Bridge (i#904646) Address of Contractor: 13775 SW 145th CT. Ste. B Miami, Florida 33186 Phone: 305-261-9276 Scope of Work: _Replaceimnt of superstructure for both bridges. Reason for Waiver: As per the Owner, Monroe Cortnty Board of Commissioner (BOCC), builder's �, `k cover, e w ll not be deeded for this contract. Signature of Contractor: L,''Approved x ,N of Approved Risk Management: Date: 3-15-2021 County Administrator appeal: Approved Not approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting;Date: END OF SECTION 00900 2/25/2021 GENERAL tNSUIZANCE RL-QUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-9 Harbour Drive Bridee 0904604)and Seaview Drive Bridee 0904606)Stremzhenine Project MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insuredif a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And; • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and routed to Risk Management for consideration and negotiation as soon as possible. The form will be returned, either approved or disapproved, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 2/25/2021 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-8 Harbour Drive Briclee C4904604}and Seavim Drive 136&L;(11904606)Strengthening;Proieet MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: American Empire Builders, Inc. Contract for: Harbour Bridge (#904604) and Seaview Drive Bridge (i#904646) Address of Contractor: 13775 SW 145th CT. Ste. B Miami, Florida 33186 Phone: 305-261-9276 Scope of Work: _Replaceimnt of superstructure for both bridges. Reason for Waiver: As per the Owner, Monroe Cortnty Board of Commissioner (BOCC), builder's �, `k cover, e w ll not be deeded for this contract. Signature of Contractor: L,''Approved x ,N of Approved Risk Management: Date: 3-15-2021 County Administrator appeal: Approved Not approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting;Date: END OF SECTION 00900 2/25/2021 GENERAL tNSUIZANCE RL-QUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR 00900-9 N1 LSONn HOOVER . ASSOCIATES, PUBLIC WORKS BOND ' IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(A) BOND No.: $331344 n CONTRACTOR: AMERICAN EMPIRE BUILDERS, INC. ADDRESS: 13775 S.W. 145T" COURT, SUITE B MIAMI, FL 33186 PHONE No.: (305) 261-9276 SURETY COMPANY. NGM INSURANCE COMPANY ADDRESS: 4601 TOUCHTON ROAD EAST, SUITE 3400 JACKSONVILLE, FL 32246 PHONE No.: (904) 380-7282 OWNER NAME: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1100 SIMONTON STREET KEY WEST, FL 33040 l PHONE NO.: (305) 293-7500 CONTRACT/PROJECT NO.: PROJECT NAME: HARBOUR DRIVE BRIDGE (#904604)AND SEAVIEW DRIVE BRIDGE l! (#904606) STRENGTHENING PROJECT I PROJECT LOCATION: DUCK KEY, FL LEGAL DESCRIPTION HARBOUR DRIVE AND SEAVIEW DRIVE, DUCK KEY, FL AND STREET ADDRESS: DESCRIPTION OF WORK: STRENGTHENING PROJECT FRONTPAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon, Bond No. S331344 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal stators and address) (Armne,legal stains andprincipal place ofbitsiness) American Empire Builders, Inc. NM Insurance Company 13775 S.W, 145th Court, Suite B 4601 Touchton Road East, Suite 3400 This document has important legal Jacksonville, FL 32246 consequences.Consultation with Miami,. FL 33186 Mailing Address for Notices an attorney Is encouraged with respect to its completion or 4601 Touchton Road East, Suite 3400 modification. OWNER: Jacksonville, FL 32246 Any singular reference to (Warne,legal stains and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: March 10, 2021 Amount:$ 1,663,376.00 One Million Six Hundred Sixty Three Thousand Three Hundred Seventy Six Dollars and 00/100 Description: (Name and location) Harbour Drive Bridge (#904604) and Seaview Drive Bridge (#904606) Strengthening Project- Duck Key BOND Date: March 17, 2021 (Not earlier than Construction Contract Date) Amount:S 1,663,376.00 One Million Six Hundred Sixty Three Thousand Three Hundred Seventy Six Dollars and 00/100 Modific i ations to tWs Bond: None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) American Ern Bui er , In NGM Insurance Corn SigDUMM Signature: Name Name Ian A. Nipper V and'ritle: and Title: Attorney-in-Fact (Any additional signatures appear-on the last page of this Performance Rond) (FOR 11VF0M1/L4T10jV 0jVL1'—Arame,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE. Nielson, Hoover&Associates (Architect,Engineer orotherparty) 8000 Governors Square Blvd, #101 Kisinger Campo &Associates Miami Lakes, FL 33016 201 North Franklin Street, Suite 400 305-722-2663 Tampa, FL 33602 S-1 852/AS 8110 r §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within rive(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice,If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform die Construction Contract, §R Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5A Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 Alter investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5A,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 8A 8621AS 81 f 0 §7 If the Surety elects to not under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety Is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting fi om the actions or failure to act of the Surety under Section 5;and .3 -liquidated damages,or if no liquidated damages are specified hi the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section S.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance orthe Contract Price shall not be reduced or setoff on account of any such unrelated obligations.No right of action shall accrue an this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §14 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location In which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor caased working or within two years after the Surety refuses or falls to perform its obligations under this Bond,whichever occurs#imt.If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction or the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law'bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or an behalfof the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor In this Bond shall be deomed to be Subcontractor and the term Owner shall be deemed to be Contractor. 8-18521AS 8110 §18 Modifteations to this bond are as follows: (Space is provided below for additional signatures of added parries,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL, SURETY Company: (Corporate Seal) Company: (Cwpo,ate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-18521AS 8110 i NO NGM INSURANCE COMPANY POWER OF ATTORNEY A membar of The Main Street America Group KNOW,ALE.. MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal a office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: i "Article IV$ Section 2, The board of directors, the president, any vicar president, secretary, or the j treasurer shall have,the power and authority to appoint attorneys-in-fact and to authorize them to execute � on behalf of the company and affix the seal of the company thereto, bonds, recog,nizances, contracts of indemnity or writings obligatory in the nature of a band, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. does hereby make,constitute and appoint Jarrett Merlucci,Charles D. Nielson,Joseph P.Nielson,David R.Hoover, I Charles J. Nielson,Ian A dipper,Brett Roseanhaus------------- its true and lawful Attorneys-in-fact,to snake,execrate; seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature'of a bond subject to the � following limitation: 1. No one bond to exceed dive Million Dollars (S5,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company;the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the fallowing resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,recognizance or other written obligation in the nature thereof, such signature and seal,when so used being hereby adopted by the company as the original signature of such office and the original seal of the j company,to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, MGM Insurance Company has caused these presents to be signed by its Vice.President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020. MGM INSURANCE COMPANY By: 1923 Kimberly K.Law Vice president, General P110" Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified,carve Kimberly K. Law of NGM Insurance Company,to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company,that Article IV,Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF,I have hereunto set any hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. T or P 1,Nancy Giordano-Ramos, Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and I correct copy of a Power of Attorney executed by said.Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonvil e,Florida this day of r- a WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-800-225-5646. TO SUBMIT A CLAIM:Send all correspondence to 55 West street,Keene,NFI 03431 Attn:Bond Claims. o cs Oocua d,gip 1546 contains a security pantbpraprt,Noe ba kgrartnal,ip t ser itfE h7,coin-reactive waterrnarlc,and microtoytponfint g on border Bond No. S331344 Document A312 TM - 2010 Payment Bond Conforrns with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: (iMaine,legal shirrs and address) (Naine,legal stanes andprincival place of business) American Empire Builders, Inc, NGM Insurance Company 13775 S.W. 145th Court, Suite B 4601 Touchton Road East, Suite 3400 This document has important legal Jacksonville, FL 3,2246 consequences,Consultation with Miami, FL 33186 Mailing Address for Notices an attorney Is encouraged with respect to its completion or 4601 Touchton Road East, Suite 3400 modificatl6n. OWNER: Jacksonville, FL 32246 Any singular reference to fiVame,legal status and address) Contractor,Surely,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: March 10, 2021 Amount;S 1,663,376.00 One Million Six Hundred Sixty Three Thousand Three Hundred Seventy Six Dollars and 00/100 Description: (ranee and location) Harbour Drive Bridge (#904604) and Seaview Drive Bridge(#904606) Strengthening Project- Duck Key BOND Date: March 17, 2021 (Wol earlie)-than Construction Contract Date) Amount-,$1,663,376.00 One Million Six Hundred Sixty Three Thousand Three Hundred Seventy Six Dollars and 00/100 Modifications to this Bond; F-] None FX] See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company- r ffo-)-porale Seal) Company: (Corporate Seal) American EmR r 8 1 er I f NGM Insurance Comp y Signature: Signature: Name Name ]an A. Nipper and Title: and Title: Attorney-in-Fact (Any additional signana-es appea),on the last page of this Payment Bond) (FOR INFOAW TION 0XL Y—Maine,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (A)-chitect,Engincer oi,other party) 8000 Governors Square Blvd. #101 Kisinger Campo &Associates Miami Lakes, FL 33016 201 North Franklin Street, Suite 400 305-722-2663 Tampa, FL 33602 5-21491AS 8110 i §1 The Contractor and Surety,Jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,Indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use In the performance of the Construction Contract,then the Surety and the Contractor shall have,no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against it duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having lust performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13), §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indenutlfy the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §q The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 5-21491AS 8110 i §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Tho Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surely hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that Is the subject of the Construction Contract Is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the O►vner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been Amilshcd to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent Is that this Bond shall be construed as a statutory bond and not as a common law bond. §16 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a copy of this Dond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount:due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use In the performance of the Construction Contract.The term Claimant also Includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project Is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Constructlon Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 8-21491AS 8110 §16.4 Owner Default.Failure of the Owner,which has not been remedied nr waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with die other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: The provisions and limitations of Section 255.05 Florida Statutes, including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are incorporated in this bond by reference. (Space is provided below for additional signatures of added parties,other than those appearing on the coverpagej CONTRACTOR AS PRINCIPAL SURETY Company: (Coiporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-21491AS 8110 NGM INSURANCE COMPANY POWER OF ATTORNEY A member of The Main Street America.Group 4 KNOW ALL MEN BY THESE PRESENTS; That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville,State of Florida, pursuant to Article IV, Section 2 of the By-laws of said Company,to wit: I "Article I ; Section 2. The beard of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute j on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby snake, constitute and appoint Jarrett Merlucei, Charles D. Nielson,Joseph P.Nielson,David R. Hoover, j Charles J.Nielson,Tan A Nipper,Brett Rosenhaus------------- its true and lawful Attorneys-in-fact,to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Five Million.Dollars ( ,000,000,00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any hand, undertaking,recognizance or other written obligation in the nature thereof, such signature and seal,when so used being hereby adopted by the company as the original signature of such office and the original seal of the company,to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020. "a sesu+iaerrt�v MGM INSURANCE COMPANY By: ' r C ` t> Kimberly K. Law ' Vice President, General Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary public of State of Florida in and for the County of Duval duly commissioned and qualified,cause Kimberly K.Law of NGM Insurance Company,to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company;that Article IV, Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. j I,Nancy Giordano-Ramos, Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and j correct copy of a Power of Attorney executed by said Company which is still in full force and effect. j I N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonvil e,Florida this day of r c' WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond plmse call 1-800-225-5646 TO SUBMIT A CLAIM:Send all correspondence to 55 west Street,Keene,NH 03431 Attn:Bond Clanns.. kP fi� i DocuGa(d O4546 contains a securit pantograph,blue background,heat-sensitive ink,coon-reactive ivatermark,and microtext prrntrr�q on border: N �r