Item G6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19.2000
Division;
Public Works
Bulk Item: Yes
No
x
Department: Engineering
AGENDA ITEM WORDING: Approval to enter into a contract with DL Porter Construction with
deductive Change Order # 1 to complete the Gato Building Renovation, and authorization for the Mayor to
execute same.
ITEM BACKGROUND: Lodge Construction has been terminated on the project, and the County
Attorney is negotiating a settlement with the bonding company. To move the project forward and prevent
the State Health Department from canceling their contract, we recommend awarding a contract to the next
lowest responsive bidder, D.L. Porter construction, along with a deductive change order for work completed
by Lodge and director purchase of items by Monroe County. Contract amount is per bid received on July
15,1999, less the above-mentioned change order.
PREVIOUS RELEVANT BOCC ACTION: On July 21, 2000, the Board granted approval and
authorized execution of a contract with Lodge Construction for the Gato Building Renovation; on February
2,2000, Lodge Construction terminated the contract. At their March 15,2000 meeting the Board discussed
the termination of the previous contractor and the finishing of the project by the next lowest, responsive
bidder. '
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $4,592.632.00
BUDGETED: Yes
Account #
xx
NO
Cost to County: $4,592.632.00
REVENUE PRODUCING: YES
NO X AMOUNT PER MONTH
YEAR
~
OMBlPurchasing -&7~
, Co struction Manager David S. Koppel, P.E., County Engineer
DIVISIONDIRECTORAPPROVA~: ~ ~:- -- V//'I'dd
Dent Pierce, Division Director
APPROVED BY:
1 tern Prepared by:
DOCUMENTATION; Included -2L- To follow
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April S, 2000
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Mr. Steve Piazza
Director of Construction &. Planning
County of Monroe
S 1 00 Collese Road
Key West FL 33040
.ARCH ITECTS !.tI.
MO : N' .
CONSTRUCTIDrJ Mi1~Jl\n'7A,~ENr!
RE: Gato Building Conrtrudioa Contract
TIME:
RECEIVED :
Dear Steve,
I have reviewed the revised contract pricing from D. L Porter for completion of the Gato
Building. Overall, the pricing is fair and accurately reflects current costs. There are several tine
items in the breakdown that I have asked Dan Gerdes to review, clarifY. and modify, ifnecessary.
I will use this data to confinn their pricing..
It is my reco~dation that we proceed with preparation of documents for the DaCe meeting
on April 19. As discuss~ we will excwte a coDtract with D.L. Porter for their original base bid
with the same alteraates accepted ad executed under the Lodge contract. We will then execute a
deductive chaDge order for the work completed under the Lodge contract. change orders for the
work transferred frOI11 Monroe County to DOH and currently under Porter's DOH contract, plus .
any pricing increases for subcontracts or materials from when Porter originally bid this job. I wiIi
continue to work with Porter to fiDalize these prices. The contract with Porter will be for the
base bid, $4,787,000 minus Altemate bids 1,2,4, 7, &: 8 at $194,368 for a total of$4,592,632. I
will prepare a deductive change order for $654.843 for a current contract price of$3,937,789.
I bave analyzed the Lodge schedule of values llDd CI.UTeOt pay request. Based on my review, it is
my cumnt opinion that pay reque$t No.4 represents an excessive billing based on work in place
and payments actually made to subcontractors. Therefore, it is my recommendation that no
further payments be made to Lodge untiI an assessment of actual differences between the two
contracts can be established No payment should be made on pay request No.4:> nor should any
retainage from previous pay requests be released. Porter's bid at the time of awant as awarded
to Lodge, was 5258.632 more than the Lodge bid. Since the bonding company indicated that if
they agree to pay.. they would proceed against Lodge to recover their costs, it seems mlsonable
fur us to bold those funds until a final settlemeut is reacl1ed. -" .
Please call if you have any questions.
.'
Sincerely,
;64
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--
Ben L. Bender. Architect
..
BLB/ddk
cc: Tunmy ~ David Koppel, Dent Pierce.
Tom Matthias, Dan Gerdes. Marshal White
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D.L PORTER CONSTRUCTION, INC.
April 4, 2000
.Mr. Stephen W. Piazza
Monroe County Construction MWlagement
5100 College Rd.
Key West, FL 33040
RE: Gato Building - Monroe County
Dear Mr. Piazza:
Enclosed is the pricing information requested, for our firm to take over the Monroe County portion of the
Gato Building contract. This information is based On our original bid including accepted alternates, scope
changes, direct purchases ~d subsequent cost increases.
It is our understanding that it is the County's intent to award the contract to our firm based on our original
bid less the accq>ted alternates. Then iSSue a change order listing the adds and deducts shown on the
attached sheet. Quite frankly since this project was bid almost two years ago and the way Lodge
abandoned the project, this increase seems very small, especially considering our base bid with the Same
scope, was $258,632 more to start with.
OnCe we are awarded the contract we will review the cUlTent project schedule and evaluate the time
required to complete this work. We know the window installation is critical to your funding and to the
completion of the facility, so once we are given the delivery date on the windows, which where purchased
directly by the County, we can assess their impact.
J'
We have not included any pricing changes to the plans from Infonnation Bulletins, Request for Proposals,
RFI's or responses to RFI's_ Also, because of the situations surrounding this project and the current status
of subcontractors involved, we can only hold this pricing for 30 days. We would strongly suggest that you
add Some type of contingency dollars to offset some of these outstanding unsettled issued.
We appreciate the opportunity to work )'lith Monroe County again and to help get this project back On
track. Should you have any questions please give me a calI.
Sincerely,
~ONS:'UCTION. INC.
Daniel Gerdes ~
Project Manager
.'
41
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Ene losure
cc: Bert Bender
6574 Palmer Park Circle · Sarasota, Florida 34238 · (941) 929-9400 · Fax (941) 929-9500
04/04/00 15:10
TX/RX NO.7811
P.OOl
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DL PORTER CONS f
r'''-H..:JC-- (J L' U ~
GATO CIGAR FACTORY
MONROE COUNTY
REVISED CONTRACT TOTAL
Our Base Bid
$4,787,000
AJtemates seleCWd
#1.EIlm. wood Ifr. & add quarrytile{fhin set wl/evel coat)(1st noor)
#,2.ElIm. F&. glazing & substitute wire glazing
f.4..e1lm. New fence @ south & east property lines only
1J7 -deduct the cost of permits ($24/thousand)
~jm. Wd. flr & wd base, add carp wMnyI bese-2nd fir.
$0
($62,30n
($11,061)
($114,000)
($7 000)
Subtotal
($194,368)
Scope of Work ReductJons
Emwgency Generator
Concnlte roof work
Parapet repair @ roof
Direct purch8M by Monroe Co~ty of Window frames
Credit from conaete restoration done
Credit amount paid to Uniled Mephanical. Inc.
Credit for West Tower concrete work completed -less repairs required
Ctedit for temp e/ecfric
($252.871) ~ ~ S 7 ~ 7 I
($30,840) I-
($15,564)
($372,155)
($105,688)
($2,160)
($6.400)
($1.000)
Subtotal
($786.678) ~ 7/1 J b 78
Pri<:ihg Increases
Plumbing
Benson
Painting
Oryvvall & metal studs
Landscaping
Cabinets
Glass & glazing (Interior glass)
Aluminum FMJdng
Ooors & Hardware
HVAC (storage cost & Ins.)
Concrete Cost Increases
Miscellaneous Site Items
f
$28,295
$28,600
$1~,500
$15,860
$2,420
$4,730
$14,340
$5,940
$7,816
$6,600
$3,475
~
S~a[
$136.835
Changes to the Base Sid Contract Total
R~SEDCONTRACTTOTAL
($844.210)
$3,942,790
~
OtJj04jOO 15:10
TXjRX NO.7811
P.002
.
MONROE COUNTY
ENGINEERING/CONSTRUCTION MANAGEMENT
CONTRACT CHANGE ORDER
PROJECT TITLE: Gato Ciaar Factory Renovation
CHANGE ORDER NO: 1
Total Previous Change Orders
Current Change Order
% of Original Contract Amount
% of Contract after Prior C/O's
Original Contract Amount
Revised Contract Amount
$4.592.632.00
$3.937.789.00
Detailed description of change order and justification:
This chanae order is for the reduction of materials and labor alreadv performed on the Gato Buildina. Also
Deductina the direct purchase of windows bv the County and work transferred to the State contract.
Total deductions of ($791.678.00)
Additions due to price increases since 7/15/98 Total Additions: $136.836.00
Total chanae order amount: ($654.843.00)
ARCHITECT:
Bert Bender & Associates, PA
Date
CONTRACTOR:
'?'~
Date
D
Date
CONSTRUCTION MANAGER:
COUNTY ENGINEER:
1- -7-()O
Y /76/60
Date
DIRECTOR OF PUBLIC WORKS:
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
CMD007-11/03/97
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: DL Porter Construction
Effective Date:
Expiration Date:
Contract Purpose/Description:
General Contractor for renovation of the Gato Building.
Contract Manager
4/19/00
/
/
Engineering/Construction Mgmt
(Department)
for BOCC meeting on 4/19/00
Agenda Deadline:
4/5/00
CONTRACT COSTS
$ 4,592,632.00 Current Year Portion: $ 4,592,632.00
Account Codes: 304 - 24000 - 560 - 620 -CG9804
Total Dollar Value of Contract:
Budgeted? Yes 1L- No
Grant: $
County Match: $
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Estimated Ongoing Costs: $
(Not included in dollar value above)
Date In
CONTRACT REVIEW
Changes
Needed
Yes No
) (V('
Division Director
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O.M.B.lPu J sing
County Attorney
Comments:
OMB Form Revised 8/30/95 MCP #2
Date Out
y 1/4~J
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SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is made by and between Monroe County, 5100 College Road,
Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and DL Porter
Construction (hereinafter referred to as "contractor") for construction of Gato BuildinQ
Renovation, the specifications and architectural and engineering drawings for which are
incorporated by reference into this contract as Exhibit A (hereinafter referred to as the
"Project"), the owner and the contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents. It shall be effective on the date this agreement is executed
by the last party to execute it.
1.2 The Contract Documents
1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all
change orders, any addenda and field orders issued hereafter, any other amendments hereto
executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents
not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this
contract.
1.3 Entire Agreement ~
1.3.1 This contract, together with the contractor's public construction bond for the Project,
constitute the entire and exclusive agreement between the owner and the contractor with
reference to the Project. Specifically, but without limitation, this contract supersedes any bid
documents and all prior written or oral communications, representations and negotiations, if
any, between the owner and contractor.
.
1.4 No Privity with Others
1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any
other contractual agreement between the owner and any person or entity other than the
contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this contract is to require corrlplete, correct and timely execution of the
work. Any work that may be required, implied or inferred by the contract documents, or any
one or more of them, as necessary to produce the intended result shall be provided by the
contractor for the contract price.
1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract document shall be considered as required by
the county commissioners.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1
1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in the
construction industry, according to its common and customary usage.
1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed
to be followed by the phrase, "with6ut limitation."
1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this contract shall not imply that any other,
nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this contract.
1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and
plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of
the contract documents, the shop drawings and the product data and shall give written notice to
the owner of any inconsistency, ambiguity, error or omission which the contractor may discover
with respect to these documents before proceeding with the affected work. The issuance, or
the express or implied approval by the owner or the architect of the contract documents, shop
drawings or product data shall not relieve the contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the contractor's compliance with this
contract. The owner has requested the architect to only prepare documents for the project,
including the drawings and specifications for the project, which are accurate, adequate,
consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor
acknowledges and represents Jhat it has received, reviewed and carefully examined such
documents, has found them to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction and that the contractor has not, does not, and will not rely upon any
representation or warranties by the owner concerning such contract documents as no such
representation or warranties have been or are hereby made.
1.5.8 As between numbers and scaled measurements on the drawings and in the design, the
numbers shall govern; as between larger scale and smaller scale drawings, the larger scale
shall govern.
1.5.9 Neither the organization of any of the contract document into divisions, sections,
paragraphs, articles (or other categories), nor the organization or arrangement of the design,
shall control the contractor in dividing the work or in establishing the extent or scope of the work
to be performed by subcontractors. 4
1.6 Ownership of Contract Documents
1.6.1 The contract documents, and each of them, shall remain the property of the owner. The
contractor shall have the right to keep one record set of the contract documents upon
completion of the project; provided, however, that in no event shall contractor use, or permit to
be used, any or all of such contract documents on other projects without the owner's prior
written authorization.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 2
ARTICLE II
THE WORK
2.1 The contractor shall perform all of the work required, implied or reasonably inferable
from, this contract.
2.2 The term "work" shall mean whatever is done by or required of the contractor to perform
and complete its duties under this contract, including the following: construction of the whole or
a designated part of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures,
appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales
and use taxes; royalties and product license fees; permits and licenses required of the
contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work
to be performed by the contractor is generally described as follows: The rehabilitation of the
Gato Suildine located at the corner of Simonton and Vireinia Streets. in the City of Key West.
Monroe County. Florida.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence the work within 10 days from Notice to Proceed, or 10
days from receipt of permit, and shall achieve substantial completion of the work no later than
487 calendar days.
3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in
Section 00350-1 "Liquidated ~mages" of the Specifications per day for each and every
calendar day of unexcused delay in achieving substantial completion beyond the date set forth
herein for substantial completion of the work. Any sums due and payable hereunder by the
contractor shall be payable, not as a penalty, but as liquidated damages representing an
estimate of delay damages likely to be sustained by the owner, estimated at or before the time
of executing this contract. When the owner reasonably believes that substantial completion will
be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any
amounts otherwise due the contractor an amount then believed by the owner to be adequate to
recover liquidated damages applicable to such delays. If and when the contractor overcomes
the delay in achieving substantial completion, or any part thereof, for which the owner has
withheld payment, the owner shall promptly release to the contractor those funds withheld, but
no longer applicable, as liquidated damages.
3.2 Substantial Completion ,
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the
work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial
use or occupancy of the work and can utilize the work for its intended purpose. The date of
substantial completion is the date set forth by the Construction Manager on the substantial
completion form.
3.3 Time is of the Essence
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 3
3.3.1 All limitation of time set forth in the contract documents are of the essence of this
contract.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for
all of the work required herein, the fixed sum of $4.592.632.00. (Base Bid of $4,787,000.00 and
an adjusted bid with alternates #1, #2, #4, #7, & #8 for a total of $4,592,632.00) The sum set
forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except
by change order as provided in this contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to
the owner and to the architect a schedule of values allocating the contract price to the various
portions of the work. The contractor's schedule of values shall be prepared in such form, with
such detail, and supported by such data as the architect or owner may require to substantiate
its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any
element thereof. The violation of this provision by the contractor shall constitute a material
breach of this contract. The' schedule of values shall be used only as a basis for the
contractor's applications for payment and shall only constitute such basis after it has been
acknowledged in writing by the architect and the owner.
5.2 Payment Procedure
5.2.1 The owner shall pay the ~ontract price to the contractor as provided below.
5.2.2 Progress Payments-Based upon the contractor's applications for payment submitted to
the architect and upon certificates for payment subsequently issued to the owner by the
architect, the owner shall make progress payments to the contractor on account of the contract
price.
5.2.3 On or before the 26th day of each month after commencement of the work, the
contractor shall submit an application for payment for the period ending the 25th day of the
month to the architect in such form and manner, and with such supporting data and content, as
the owner or the architect may require. Therein, the contractor may request payment for ninety
percent (90%) of that portion of the contract price properly allocable to contract requirements
properly provided, labor, materials and equipment properly incorporated in the work plus ninety
percent (90%) of that portion of the contract price p}operly allocable to materials or equipment
properly stored onsite (or elsewhere if approved in advance in writing by the owner) for
subsequent incorporation in the work, less the total amount of previous payments received from
the owner. Payment for stored materials and equipment shall be conditioned upon the
contractor's proof satisfactory to 'the owner, that the owner has title to such materials and
equipment and shall include proof of required insurance. Such application for payment shall be
signed by the contractor and shall constitute the contractor's representation that the work has
progressed to the level for which payment is requested in accordance with the schedule of
values, that the work has been properly installed or performed in full accordance with this
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 4
contract, and that the contractor knows of no reason why payment should not be made as
requested. Thereafter, the architect will review the application for payment and may also
review the work at the project site or elsewhere to determine whether the quantity and quality of
the work is as represented in the application for payment and is as required by this contract.
The architect shall determine and certify to the owner the amount properly owing to the
contractor. The owner shall make partial payments on account of the contract price to the
contractor within twenty (20) dci'ys following the receipt by Monroe County Construction
Manager, of each application for payment, from the Architect. The amount of each partial
payment shall be the amount certified for payment by the architect less such amounts, if any,
otherwise owing by the contractor to the owner or which the owner shall have the right to
withhold as authorized by this contract. The architect's certification of the contractor's
application for payment shall not preclude the owner from the exercise of any of its rights as set
forth in paragraph 5.3 herein below.
5.2.4 The contractor warrants that all payments to subcontractors have been made as
certified on the application for payment and 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 payments have
been received from the owner shall be free and clear of liens, claims, security interest or other
encumbrances in favor of the contractor or any other person or entity whatsoever.
5.2.5 The contractor shall promptly pay each subcontractor, out, of the amount paid to the
contractor on account of such subcontractor's work, the amount to which such subcontraCtor is
entitled. If the contractor does, not pay the subcontractor the amount due, the subcontractor
may only seek payment from the contractor's public construction bond surety. In no event is
the owner obligated to pay any subcontractor an amount owed to it by the contractor.
Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor
and its subcontractors.
I
5.2.6 No progress payment, nbr any use or occupancy of the project by the owner, shall be
interpreted to constitute an acceptance of any work not in strict accordance with this contract.
5.3 Withheld Payment
5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts previously paid to the contractor, to protect the
owner from loss because of:
(a) defective work not remedied by the contractor nor, in the opinion of the owner,
likely to be remedied by the contractor;
(b)
(c)
fashion;
I
claims of third parties against the owner or the owner's property;
4
failure by the contractor to pay subcontractors or others in a prompt and proper
(d) evidence that the balance of the work cannot be completed in accordance with
the contract for the unpaid balance of the contract price;
(e) evidence that the work will not be completed in the time required for substantial
or final completion;
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(f) persistent failure to carry out the work in accordance with the contract;
(g) damage to the owner or a third party to whom the owner is, or may be, liable.
In the event that the owner makes written demand upon the contractor for amounts
previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall
promptly comply with such demand.
5.4 Unexcused Failure to Pay
5.4.1 If within twenty (20) days after the date established herein for payment to the contractor
by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any
amount then due and payable to the contractor, then the contractor may after seven (7)
additional days' written notice to the owner and the architect, and without prejudice to any other
available rights or remedies it may have, stop the work until payment of those amounts due
from the owner have been received.
5.5 Substantial Completion
5.5.1 When the contractor believes that the work is substantially complete, the contractor shall
submit written notice that the project is ready for substantial completion inspection. The
architect, on the basis of contractor's notice, shall determine that the work is in fact substantially
complete, and report findings to the Construction Manager. The Construction ManagE;!r will
inspect the work and will be the final judge as to whether substantial completion has been
achieved. The Architect will prepare a certificate of substantial completion which shall establish
the date of substantial completion, shall state the responsibilities of the contractor for project
security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time
within which the contractor shall complete the items listed therein. The certificate of substantial
completion shall be submitted to the contractor for written acceptance of the responsibilities
assigned to them in such certifie,ate. Upon substantial completion of the work and execution by
both the owner and the contractor of the certificate of substantial completion, the owner shall
pay the contractor an amount sufficient to increase total payments to the contractor to one
hundred percent (100%) of the contract price less five percent (5%) retention and less three
hundred percent (300%) of the reasonable cost as determined by the owner and the architect
for completing all incomplete work, correcting and bringing into conformance all defective and
non-conforming work, and hahdling all unsettled claims. The certificate of substantial
completion shall not be signed by the Construction Manager unless accompanied by a signed
certificate of occupancy from all governing authorities.
5.6 Completion and Final Payment
5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection,
it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make
final inspection of the work and, if work is complete in full accordance with this contract and this
contract has been fully performed, the architect will promptly issue a final certificate for payment
certifying to the owner that the project is complete and the contractor is entitled to the
remainder of the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final completion of the
work. If the architect is unable to issue its final certificate for payment and is required to repeat
its final inspection of the work, the contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the owner from the contractor's final payment.
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5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the
architect in its certificate of substantial completion, the contractor shall pay the owner the sum
of $500.00 per day for the first 15 days, $1,000.00 per day for the second 15 days, and
$3,500.00 per day thereafter for each and every calendar day of unexcused delay in achieving
final completion beyond the date set forth herein for final completion of the work. Any sums
due and payable hereunder by the contractor shall be payable, not as a penalty, but as
liquidated damages representing ~n estimate of delay damages likely to be sustained by the
owner, estimated at or before the time of executing this contract. When the owner reasonably
believes that final completion will be inexcusably delayed, the owner shall be entitled, but not
required, to withhold from any amounts otherwise due the contractor an amount then believed
by the owner to be adequate to recover liquidated damages applicable to such delays. If and
when the contractor overcomes the delay in achieving final completion, or any part thereof, for
which the owner has withheld payment, the owner shall promptly release to the contractor those
funds withheld, but no longer applicable, as liquidated damages.
5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the
architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities
connected with the work for which the owner, or the owner's property might be responsible,
have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors
of the contractor and of any and all parties required by the architect or the owner; and the
consent of surety to final payment. The affidavits, releases and waivers required from
subcontractors and materialmen are for the administrative convenience of the owner only.
They do not create an obligation on the part of the owner to assure that any subcontractor or
materialman is paid. If unpaid" subcontractors and materialmen must seek payment from the
contractor's public construction bond surety.
5.6.3 The owner shall make final payment of all sums due the contractor per Section 01027 of
the Technical Specifications Project Manual.
I
5.6.4 Acceptance of final paynient shall constitute a waiver of all claims against the owner by
the contractor except for those claims previously made in writing against the owner by the
contractor, pending at the time of final payment, and identified in writing by the contractor as
unsettled at the time of its request for final payment.
ARTICLE VI
THE OWNER
6.1 Information and Services Required from Owner
6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and
all written and tangible material in i~s possession concerning conditions below ground at the site
of the project. Such written and tangible material is furnished to the contractor only in order to
make complete disclosure of such material and f~r no other purpose. By furnishing such
material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in
part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also
furnish surveys, legal limitations and utility locations (if known), and a legal description of the
project site.
6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall
obtain all approvals, easements, and the like required for construction and shall pay for
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necessary assessments and charges required for construction, use or occupancy of permanent
structures or for permanent changes in existing facilities.
6.1.3 The owner shall furnish the contractor, free of charge, !! copies of the contract
documents for execution of the work. The contractor will be charged, and shall pay the owner,
$150.00 per additional set of contract documents which it may require.
6.2 Right to Stop Work
6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this
contract, the owner may order the contractor to stop the work, or any described portion thereof,
until the cause for stoppage has been corrected, no longer exists, or the owner orders that work
be resumed, in such event, the contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor
fails within three (3) days of such stoppage to provide adequate assurance to the owner that
the cause of such stoppage will be eliminated or corrected, then the owner may, without
prejudice to any other rights or remedies the owner may have against the contractor, proceed
to carry out the subject work. In such a situation, an appropriate change order shall be issued
deducting from the contract price the cost of correcting the subject deficiencies, plus
compensation for the architect's additional services and expenses necessitated thereby, if any.
If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the
contractor shall pay the difference to the owner. .
ARTICLE VII
THE CONTRACTOR
7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7.
The contractor shall perform Ilo part of the work at any time without adequate contract
documents or, as appropriate, 'approved shop drawings, product data or samples for such
portion of the work. If the contractor performs any of the work knowing it involves a recognized
error, inconsistency or omission in the contract documents without such notice to the architect,
the contractor shall bear responsibility for such performance and shall bear the cost of
correction.
7.2 The contractor shall perform the work strictly in accordance with this contract.
7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort
and attention. The contractor shall be responsible to the owner for any and all acts or
omissions of the contractor, its employees and others engaged in the work on behalf of the
contractor.
7.4 Warranty
7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such labor
will yield only first-class results, that materials and equipment furnished will be of good quality
and new unless otherwise permitted by this contract, and that the work will be of good quality,
free from faults and defects and in strict conformance with this contract. All work not
conforming to these requirements may be considered defective.
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7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses
necessary and ordinary for the work. The contractor shall secure and pay for all permits,
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 permit or County impact fees
for the building permit issued by the County Building Department. The contractor is responsible
for permit and impact fees issued by City Building Departments and any jurisdiction other than
the County of Monroe. The contractor shall comply with all lawful requirements applicable to
the work and shall give and maintain any and all notices required by applicable law pertaining to
the work.
7.6 Supervision
7.6.1 The contractor shall employ and maintain at the project site only competent supervisory
personnel. Absent written instruction from the contractor to the contrary, the superintendent
shall be deemed the contractor's authorized representative at the site and shall be authorized to
receive and accept any and all communications from the owner or the architect.
7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows:
Name
Function
So long as the individuals named above remain actively employed or retained by the contractor,
they shall perform the functions indicated next to their names unless the owner agrees to the
contrary in writing. In the event one or more individuals not listed above subsequently assumes
one or more of those functions ijsted above, the contractor shall be bound by the provisions of
this subparagraph 7.6.2 as though such individuals had been listed above.
7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the
owner and the architect for their information, the contractor's schedule for completing the work.
The contractor's schedule shall be revised no less frequently than monthly (unless the parties
otherwise agree in writing) and 'Shall be revised to reflect conditions encountered from time to
time and shall be related to the entire project. Each such revision shall be furnished to the
owner and the architect. Failure by the contractor to strictly comply with the provisions of this
paragraph 7.7 shall constitute a material breach of this contract.
7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and
the architect, one record copy of this contract marked to record on a current basis changes,
selections and modifications made during constr~ction. Additionally, the contractor shall
maintain at the site for the owner and the architect the approved shop drawings, product data,
samples, other similar required submittals and an office for their use. Upon final completion of
the work, all of these record documents shall be delivered to the owner.
7.9 Shop Drawings, Product Data and Samples
7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not
constitute contract documents. Their purpose is merely to demonstrate the manner in which
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the contractor intends to implement the work in conformance with information received from the
contract documents.
7.9.2 The contractor shall not perform any portion of the work requiring submittal and review
of shop drawings, product data or samples unless and until such submittal shall have been
approved by the architect. Approval by the architect, however, shall not be evidence that work
installed pursuant thereto conform~ with the requirements of this contract.
7.10 Cleaning the Site and the Project
7.10.1 The contractor shall keep the site reasonably clean during performance of the work.
Upon final completion of the work, the contractor shall clean the site and the project and
remove all waste, together with all of the contractor's property therefrom.
7.11 Access to Work
7.11.1 The owner and the architect shall have access to the work at all times from
commencement of the work through final completion. The contractor shall take whatever steps
necessary to provide access when requested.
7.12 Indemnification and Hold Harmless
7.12.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) an9 any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the
event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from ~ny 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.
7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an
employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under this
paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation
or benefits payable by or for the contractor or a subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
1
7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall
hold the owner and architect harmless from losS on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the contract. However, if the contractor has
reason to believe that the required design, process or product is an infringement of a patent,
the contractor shall be responsible for such loss unless such information is promptly furnished
to the architect.
ARTICLE VIII
CONTRACT ADMINISTRATION
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8.1 The Architect
8.1.1 The architect for this project is Bert Bender & Associates Architects. PA. In the event
the owner should find it necessary or convenient to replace the architect, the owner shall retain
a replacement architect and the status of the replacement architect shall be that of the former
architect.
8.2 Architect's Administration
8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those
duties and discharge those responsibilities allocated to the architect as set forth in this contract.
The architect shall be the owner's representative from the effective date of this contract until
final payment has been made..
8.2.2 The owner and the contractor shall communicate with each other in the first instance
with consultation from the architect.
8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and
specifications and. the judge of the performance thereunder by the contractor. The architect
shall render written or graphic interpretations necessary for the proper execution or progress of
the work with reasonable promptness on request of the contractor.
8.2.4 The architect will review the contractor's applications for payment and will certify ~o the
owner for payment to the contractor, those amounts then due the contractor as provided in this
contract.
8.2.5 The architect shall have authority to reject work which is defective or does not conform
to the requirements of this contract. If the architect deems it necessary or advisable, the
architect shall have authority to require additional inspection or testing of the work for
compliance with contract requirefents.
8.2.6 The architect will review and approve, or take other appropriate action as necessary,
concerning the contractor's submittals including shop drawings, product data and samples.
Such review, approval or other action shall be for the sole purpose of determining conformance
with the design concept and information given through the contract documents.
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8.2.7 The architect will prepare change orders and may authorize minor changes in the work
by field order upon approval of the owner, as provided elsewhere herein, as long as there is no
change in contract price.
8.2.8 The architect shall, upon written request from the contractor, and in line with article 5,
conduct inspections to determine the date of substantial completion and the date of final
completion, will receive and forward to the owner f~r the owner's review and records, written
warranties and related documents required by this contract and will issue a final certificate for
payment upon compliance with the requirements of this contract.
8.3 Claims by the Contractor'
8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the
architect. Such written notice and claim must be furnished within three (3) days after
occurrence of the event, or the first appearance of the condition, giving rise to the claim.
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8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently
proceed with performance of this contract and the owner shall continue to make payments to
the contractor in accordance with this contract. The resolution of any claim under this
paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the
contractor.
8.3.3 Claims for Additional Costs:"'-If the contractor wishes to make a claim for an increase in
the contract price, as a condition precedent to any liability of the owner therefor, the contractor
shall give the architect written notice of such claim within three (3) days after the occurrence of
the event, or the first appearance of the condition, giving rise to such claim. Such notice shall
be given by the contractor before proceeding to execute any additional or changed work. The
failure by the contractor to give such notice and to give such notice prior to executing the work
shall constitute a waiver of any claim for additional compensation.
8.3.3.1 In connection with any claim by the contractor against the owner for compensation in
excess of the contract price, any liability of the owner for the contractor's costs shall be strictly
limited to direct costs incurred by the contractor and shall in no event include indirect costs or
consequential damages to the contractor. The owner shall not be liable to the contractor for
claims of third parties, including subcontractors, unless and until liability of the contractor has
been established therefor in a court of competent jurisdiction.
8.3.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at
the time of the delay is then critical or which during the delay becomes critical, as the sole result
of any act or neglect to act by the owner or someone acting on the owner's behalf, or by
changes ordered in the work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then
the date for achieving substantial completion of the work shall be extended upon the written
notice and claim of the contractor to the owner and the architect, for such reasonable time as
the architect may determine. Apy notice and claim for an extension of time by the contractor
shall be made not more than three (3) days after the occurrence of the event or the first
appearance of the condition giving rise to the claim and shall set forth in detail the contractor's
basis for requiring additional time in which to complete the project. In the event the delay to the
contractor is a continuing one, only one notice and claim for additional time shall be necessary.
If the contractor fails to make such claim as required in this subparagraph, any claim for an
extension of time shall be waived. In no event is the contractor entitled to additional
compensation for any delay described in this paragraph 8.3.4 or other paragraphs.
8.4 Field Orders
8.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or in contract time and not inconsistent with the intent of the
contract. Such changes shall be effected by field order and shall be binding upon the
contractor. The contractor shall carry out such field c!>rders promptly.
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ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a
portion of the work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the
names of persons or entities proposed by the contractor to act as a subcontractor on the
project. The owner shall promptly reply to the contractor, in writing, stating any objections the
owner may have to such proposed subcontractor. The contractor shall not enter into a
subcontract with a proposed subcontractor with reference to whom the owner has made timely
objection. The contractor shall not be required to subcontract with any party to whom the
contractor has objection.
9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein, including those
rights afforded to the owner by subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
contract, by change order or by field order.
10.1.2 Changes in the work shaH be performed under applicable provisions of this contract and
the contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change order shall mean a written order to the contractor executed by the owner and
the architect, issued after execution of this contract, authorizing and directing a change in the
.
work or an adjustment in the contract price or the contract time, or any combination thereof.
The contract price and the contract time may be changed only by change order.
10.3 Changes in the Contract Price
10.3.1 Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced by
(1) the change in the contract price being set forth in the change order, (2) such change in the
contract price, together with any conditions or requrrements related thereof, being initialed by
both parties and (3) the contractor's execution of the change order; or (b) if no mutual
agreement occurs between the owner and the contractor, then, as provided in
subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated
in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined
by the architect on the basis of the reasonable expenditures or savings of those performing,
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deleting or revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct jOb site overhead of 5%, and profit 5%.
10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so
changed in a proposed change order that application of such unit prices to the quantities of
work proposed will cause substantial inequity to the owner or to the contractor, the applicable
unit prices shall be equitably adjusted.
10.4 Minor Changes
10.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or an extension of the contract time and not inconsistent with the
intent of this contract. Such minor changes shall be made by written field order, and shall be
binding upon the owner and the contractor. The contractor shall promptly carry out such written
field orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this contract as thus
amended, the contract price and the contract time. The contractor, by executing the change
order, waives and forever releases any claim against the owner for additional time or
compensation for matters relating to or arising out of or resulting from the work included within
or affected by the executed change order.
10.6 Notice to Surety; Consent
10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's
surety with reference to all change orders if such notice, consent or approval is required by the
contractor's surety or by law. The contractor's execution of the change order shall constitute
the contractor's warranty to the owner that the surety has been notified of, and consents to,
such change order and the sureJy shall be conclusively deemed to have been notified of such
change order and to have expressly consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of
this contract, it shall, if required by the architect or the owner, be uncovered for the architect's
inspection and shall be properly replaced at the contractor's expense without change in the
contract time.
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11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1
above, it shall, if required by the architect or owner, 1!le uncovered for the architect's inspection.
If such work conforms strictly with this contract, costs of uncovering and property replacement
shall by change order be charged to the owner. If such work does not strictly conform with this
contract, the contractor shall pay the costs of uncovering and proper replacement.
11.2 Correcting Work
11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as
defective or failing to conform to this contract. The contractor shall pay all costs and expenses
associated with correcting such rejected work, including any additional testing and inspections,
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and reimbursement to the owner for the architect's services and expenses made necessary
thereby.
11.2.2 If within one (1) year after final completion of the work any of the work is found to be
defective or not in accordance with this contract, the contractor shall correct it promptly upon
receipt of written notice from the owner. This obligation shall survive final payment by the
owner and termination of this contract. With respect to work first performed and completed
after substantial completion, this one-year obligation to specifically correct defective and
nonconforming work shall be extended by the period of time which elapses between substantial
completion and completion of the subject work.
11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation' with
respect to other obligations which the contractor has either under this contract or under the laws
of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2
relates only to the duty of the contractor to specifically correct the work.
11.3 Owner May Accept Defective or Non-conforming Work
11.3.1 If the owner chooses to accept defective or non-conforming work, the owner may do so.
In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or non-conforming work and (b) the difference between
the fair market value of the project as constructed and the fair market value of the project had it
not been constructed in such a manner as to include defective or non-conforming work., .If the
remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for
its acceptance of defective or non-conforming work, the contractor shall, upon written demand
from the owner, pay the owner such remaining compensation for accepting defective or non-
conforming work.
ARTICLE XII
~ CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other
public authority, or as a result of an act of the Government, through no fault of the contractor or
any person or entity working directly or indirectly for the contractor, the contractor may, upon
ten (10) days' written notice to the owner and the architect, terminate performance under this
contract and recover from the owner payment for the actual reasonable expenditures of the
contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials,
equipment, tools, construction equipment and machinery actually purchased or rented solely for
the work, less any salvage value of any such items.
12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the
contractor for a period of fifteen (15) days after receiting written notice from the contractor of its
intent to terminate hereunder, the contractor may terminate performance under this contract by
written notice to the architect and the owner. In such event, the contractor shall be entitled to
recover from the owner as though the owner had terminated the contractor's performance
under this contract for convenience pursuant to subparagraph 12.2.1 hereunder.
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12.2 Termination by the Owner
12.2.1 For Convenience:
12.2.1.1 The owner may for any reason whatsoever terminate performance under this
contract by the contractor for convenience. The owner shall give written notice of such
termination to the contractor specifying when termination becomes effective.
12.2.1.2 The contractor shalf incur no further obligations in connection with the work and
the contractor shall stop work when such termination becomes effective. The contractor shall
also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities
and claims arising out of the termination of subcontracts and orders. The owner may direct the
contractor to assign the contractor's rights, title and interest under terminated orders or
subcontracts to the owner or its designee.
12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or
partially completed work and materials, equipment, parts, fixtures, information and contract
rights as the contractor has.
12.2.1.4 (a). The contractor shall submit termination claim to the owner and the
architect specifying the amounts due because of the termination for convenience together with
costs, pricing or other data required by the architect. If the contractor fails to file a termination
claim within one (1) year from the effective date of termination, the owner shall pay the
contractor, an amount derived in accordance with subparagraph (c) below.
(b) The owner and the contractor may agree to the compensation, if any, due
to the contractor hereunder.
(c) Absent agreement to the amount due to the contractor, the owner shall
pay the contractor the following amounts:
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(i) Contract prices for labor, materials, equipment and other services
accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
performing the terminated portion of the work, and in terminating the contractor's performance,
plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not
include anticipated profit or consequential damages); provided however, that if it appears that
the contractor would have not profited or would have sustained a loss if the entire contract
would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss, if any;
.
,
(Hi) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph.
These costs shall not include amounts paid in accordance with other provisions hereof.
The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed
the total contract price as properly adjusted, shall be reduced by the amount of payments
otherwise made, and shall in no event include duplication of payment.
12.2.2 For Cause:
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 16
12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work
in a timely manner, supply enough properly skilled workers, supervisory personnel or proper
equipment or materials, or if it fails to make prompt payment to subcontractors or for materials
or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a material
provision of this contract, then the owner may by written notice to the contractor, without
prejudice to any other right or remedy, terminate the employment of the contractor and take
possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the contractor and may finish the work by whatever methods it
may deem expedient. In such case, the contractor shall not be entitled to receive any further
payment until the work is finished.
12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work,
including compensation for the architect's additional services and expenses made necessary
thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance,
the contractor shall pay the difference to the owner. This obligation for payment shall survive
the termination of the contract.
12.2.2.3 In the event the employment of the contractor is terminated by the owner for
cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall
thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the
provisions of subparagraph 12.2.1 shall apply. '
ARTICLE XIII
INSURANCE
13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached
and incorporated into this contra<:t.
ARTICLE XIV
MISCELLANEOUS
14.1 Governing Law
14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
14.2 Successors and Assigns
14.2.1 The owner and contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreement and obligations contained in this
contract. The contractor shall not assign this contrad without written consent of the owner.
14.3 Surety Bonds
14.3.1 The contractor shall furnish the public construction bond in the amount and form set
forth in Section 255.05, Florida Statutes, unless waived by County Commission to the extent
authorized by law.
14.4 Ethics Clause
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 17
14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on 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 owner may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or o~herwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
14.5 Public Entity Crime Statement
14.5.1 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 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
of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
14.6 Assignment of the Architect's Duties
14.6.1 The duties of the architect under this contract may be assigned by the owner, at his
discretion, to a construction manager selected by the owner.
14.7 Trench Safety
14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.). '
14.8 Contingency
14.8.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
14.9 Effective Date
14.9.1 This contract will take effect on the date of the signature of the last party to sign.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 18
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative this day of , 1999.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By
Date
Mayor/Chairman
(SEAL)
Attest:
CONTRACTOR
By:
Title:
By:
Title:
APPROVED AS TO FORM
Y
B
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-19
Department of Juvenile Justice
30 Bed Level 6 & Detention 15 Bed Facility
And
Monroe County Second Floor Lease Space
Key West, Monroe County, Florida
~~~~1{
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ARCH rTECTS . I ~ITERIOR DESIGNERS
-
600 SOUTH MAGNOLIA AVENUE
SUITE 150, TAMPA, FLORIDA 33606
TELEPHONE 813.251.0565
S'''.ff ,Il.AOO()2341
April 19, 2000
G,b
Advanced Schematic
Facility Plans & Elevations
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