09/08/1999 Agreement
"
Cleltl 01 De
Circul coun
Danny L Kolhage
Memnrandum
To:
Dent Pierce, Director
Public Works Director
From:
Isabel C. DeSantis, _ II /J ~
Deputy Clerk ~ . L , ~.
Date:
Thursday, December 30, 1999
At the BOCC meeting on September 8, 1999, the Board approved the award of bid
and execution of a Contract between Monroe County and JTD Contracting, Inc. DBA
Upper Keys Marine Construction for Sombrero Beach Playground in the amount of
$56,457.78.
Attached is a fully executed copy of the SUbject document for your handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
~ile
"
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 '8w"-8r")-ijnd
JTD Contracting Inc, dba Upper Keys Marine Construction (hereina&r ~fe@d ffi as
"contractor") for construction of Sombrero Beach Playqround, t~~e&l:ciJims
and engineering drawings for which are attached and incorr:s~~d ~todhis
contract as Exhibit A (hereinafter referred to as the "Project"), th~~e~n~he
contractor hereby agreeing as follows: ~~~ ::a: ~
..". :> w n
,- c- - (:)
ARTICLE I I" 1TI ~. ~
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 Request for Bid, the
Conditions of the Contract, the General Requirements, the Technical Specifications,
the drawings provided by the Contractor, all change orders, any addenda and
field orders issued hereafter, any other amendments hereto executed by the parties
after the execution of this Agreement. 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1
1.5 . Intent and Interpretation
1.5.1 The intent of this contract is to require complete, correct and timely execution
of the work. Any work that may be required, implied or inferred by the contract
documents, or anyone 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.
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, "without 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 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.
1.5.8 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 2
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.
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 and design of the whole 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: Sombrero Beach
Playqround.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence work to be performed under this Contract no
later than ten (1 O) calendar days from Notice to Proceed and shall be substantially
completed no later than sixty (60) calendar days from the Commencement Date.
The Contractor also agrees to be complete and ready for final payment in
accordance with the General Conditions no later than thirty (30) calendar days
from the Substantial Completion Date.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-3
3.1.2 The Owner and the Contractor recognize that time is of the essence in this
Contract and that the Owner will suffer financial loss if the Work is not completed
within the times specified above, plus any extensions of time allowed in
accordance with the General Conditions. They also recognize the delays, expense
and difficulties involved in proving in a legal proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring such
proof, Owner and Contractor agree that as liquidated damages for delay ( but not
as a penalty) Contractor shall pay Owner two-hundred dollars ($200.00) for each
day that expires after the time specified above for Substantial Completion until the
Work is substantially complete.
3.1.3 The Owner and Contractor agree that work on the project will be continuous
from the commencement date through to the completion date. Any
demobilization once work has started requires prior approval by the Owner.
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. Substantial Completion shall be determined by the County
Engineer.
3.3 Time is of the Essence
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 $56,457.78. 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 County Engineer 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 County Engineer or owner may require to substantiate its
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-4
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 County
Engineer and the owner.
5.2 Payment Procedure
5.2.1 The owner shall pay the contract price to the contractor as provided below.
5.2.2 Progress Payments-Based upon the contractor's applications for payment
and upon certificates for payment subsequently issued to the owner, the owner shall
make progress payments to the contractor on account of the contract price.
5.2.3 Thirty days after commencement of the work, and every thirty days thereafter
until completion of the project, the contractor may submit an application for
payment to the County Engineer in such form and manner, and with such
supporting data and content, as the owner or the County Engineer 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 properly 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 contract, and that the contractor knows of no reason
why payment should not be made as requested. Thereafter, the County Engineer
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
County Engineer 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) days following the receipt by
Monroe County Engineer, of each application for payment. The amount of each
partial payment shall be the amount certified for payment by the County Engineer
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
County Engineer's certification of the contractor's application for payment shall not
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-5
preClude the owner from the exercise of any of its rights as set forth in paragraph 5.3
hereinbelow.
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.
5.2.6 No progress payment, nor 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) claims of third parties against the owner or the owner's property;
(c) failure by the contractor to pay subcontractors or others in a prompt
and proper fashion;
(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;
(f) persistent failure to carry out the work in accordance with the contract;
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-6
(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
County Engineer, 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 County Engineer, on the basis of contractor's notice,
shall determine that the work is in fact substantially complete. The County Engineer
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, 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 certificate. 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 County Engineer for completing all incomplete work, correcting and
bringing into conformance all defective and nonconforming work, and handling all
unsettled claims. The certificate of substantial completion shall not be signed by the
County Engineer 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 thereof in writing. Thereupon, the County
Engineer 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
County Engineer 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
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-7
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 County Engineer 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.
5.6.1 .1 If the contractor fails to achieve final completion within the time fixed
therefor by the County Engineer in its certificate of substantial completion, the
contractor shall pay the owner the sum of two-hundred dollars per day 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 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 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 County Engineer 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 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.
5.6.4 Acceptance of final payment 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-8
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 its 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 for 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 fees normally the responsibility of the contractor, the owner shall
obtain all permits, approvals, easements, and the like required for construction and
shall pay for 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, 3 copies of the
contract documents for execution of the work. The contractor will be charged, and
shall pay the owner, $ 25.00 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. 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-9
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 no 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 County Engineer, 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 The contractor shall provide competent, suitably qualified personnel to survey
and layout the Work and perform construction as required by the Contract
Documents. Contractor shall at all times maintain good discipline and order at the
site. Except in connection with the safety or protection of persons or the Work or
property at the site or adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed during regular working
hours, and contractor shall not permit overtime work or the performance of Work on
Saturday, Sunday or any legal holiday without Owner's written consent given after
prior written notice to County Engineer.
7.5 Warranty
7.5.1 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 0
7.6 The contractor shall obtain and pay for all fees and licenses necessary and
ordinary for the work. The contractor shall secure and pay for all 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 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.
7.7 Supervision
7.7.1 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 County Engineer.
7.7.2 Key supervisory personnel assigned by the contractor to this project shall be
furnished in writing at the preconstruction meeting.
7.8 The contractor, within fifteen (15) days of commencing the work, shall submit to
the owner and the County Engineer for their information the following:
7.8.1 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 County Engineer. Failure by the contractor to
strictly comply with the provisions of this paragraph shall constitute a material
breach of this contract.
7.8.2 A preliminary schedule of shop drawing submissions.
7.8.3 A preliminary schedule of values for all of the Work which will include
quantities and prices of items aggregating the Contract Price and will subdivide the
Work into component parts in sufficient detail to serve as the basis for progress
payments during construction. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work which will be confirmed in
writing by CONTRACTOR at the time of submission.
7.9 The contractor shall continuously maintain at the site, for the benefit of the
owner and the County Engineer, one record copy of this contract marked to record
on a current basis changes, selections and modifications made during construction.
Additionally, the contractor shall maintain at the site for the owner and the County
Engineer the approved shop drawings, product data, samples, other similar required
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 11
submittals and an office for their use. Upon final completion of the work, all of these
record documents shall be delivered to the owner.
7.10 Shop Drawings, Product Data and Samples
7.10.1 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 the contractor intends to implement the work in
conformance with information received from the contract documents.
7.10.2 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 County Engineer. Approval by the
County Engineer, however, shall not be evidence that work installed pursuant
thereto conforms with the requirements of this contract.
7.11 Cleaning the Site and the Project
7.11.1 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.
7.12 Access to Work
7.12.1 The owner and the County Engineer 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 2
7.13 Indemnity
7.13.1 To the fullest extent permitted by law, the contractor shall indemnify and hold
harmless the owner from and against liability, claims, damages, losses and
expenses, including attorneys' fees, arising out of or resulting from performance of
the work, provided that such liability, claims, damage, loss or expense is attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the work itself) including loss of use resulting therefrom, but only
to the extent caused in whole or in part by negligent acts or omissions of the
contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such liability,
claim, damage, loss or expense is caused in part by a party indemnified hereunder.
The indemnification required by this paragraph 7.13 is independent of the
contractor's obligation to purchase the insurance described in Article XIII and is not
limited or modified by the terms of those insurance policies.
7.13.2 In claims against any person or entity indemnified under this paragraph 7.13
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 7.13 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.
7.13.3 The contractor shall defend suits or claims for infringement of patent rights
and shall hold the owner and County Engineer 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 County
Engineer.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 Claims by the Contractor
8.1.1 All contractor claims shall be initiated by written notice and claim to the
owner and the County Engineer. 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 3
8.1.2 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 8.1 shall be reflected by a change
order executed by the owner, the County Engineer and the contractor.
8.1.3 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 County Engineer 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.
8.1.3.1 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.
8.1.4 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 County Engineer, for such
reasonable time as the County Engineer may determine. Any 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 8.1.4 or other
paragraphs.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 4
8.2 Field Orders
8.2.1 The County Engineer 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
orders promptly.
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 shall 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 County Engineer, 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 5
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 requirements 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 County Engineer on the basis of the
reasonable expenditures or savings of those performing, 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 County Engineer 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 6
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 surety 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 County Engineer's request or to
any provisions of this contract, it shall, if required by the County Engineer or the
owner, be uncovered for the County Engineer's inspection and shall be properly
replaced at the contractor's expense without change in the contract time.
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 County Engineer or owner, be uncovered for
the County Engineer'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
County Engineer 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.
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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500-17
11.3 Owner May Accept Defective or Nonconforming Work
11 .3.1 If the owner chooses to accept defective or nonconforming 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 nonconforming
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 nonconforming work. If the remaining
portion of the unpaid contract price, if any, is insufficient to compensate the owner
for its acceptance of defective or nonconforming work, the contractor shall, upon
written demand from the owner, pay the owner such remaining compensation for
accepting defective or nonconforming 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 County Engineer, 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 receiving written
notice from the contractor of its intent to terminate hereunder, the contractor may
terminate performance under this contract by written notice to the County Engineer
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.
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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 8
12.2.1 .2 The contractor shall 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 County Engineer specifying the amounts due because of the termination for
convenience together with costs, pricing or other data required by the County
Engineer. 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:
(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;
(iii) 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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 1 9
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:
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, 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 Section 00900 of the
Project Manual.
ARTICLE XIV
MISCELLAN EOUS
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.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 20
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 contract
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.
14.4 Public Entity Crime Statement
14.4.1 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.
14.5 Trench Safety
14.5.1 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.).
14.6 Contingency
14.6.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
14.7 Effective Date
14.7.1 This contract will take effect on the date of the Notice to Proceed.
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 21
IN WITN, ESS, WHEREOF, each party has caLJs.,ed this Agreement to be ~~cuted
by its duly_ orl representative this 5?'#l day of 57~;t{ f;~ ,
19st. ,:y>~'~~- ~
(SEAL) ~~J~_. BOARD OF COUNTY COMMISSIONERS
Attest: . \~~'l~OLHAGE, Clerk OF MONROE COUNTY, FLORIDA
",.,-= - -.;;....--.
<'i:;:;'v-..rr.C.: " "~ -,. ~-\\-o-~....-..~
By: ~~Q.....Q..C. ~~~t;-~. By \.~,,>*"~~,.,. "
Deputy Clerk Mayor/Chairman
Date
o9-o~-99
(SEAL)
Attest:
CONTRACTOR
By: r1 y: O~ ,a((f2 -,
Title: ~l}>FAl/
By:
Title:
END OF SECTION 00500
8/23/99
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500- 22
Document
EXHffiIT A
CONTRACT DOCUMENTS
DATE
Architectural and Engineering drawings prepared by Monroe County Engineering Department in
May 1999.
Sheet 1
Sheet 2
Sheet 3
Sheet 4
Location Map
Site
Demolition & Footing Detail
Playground Details
Table of Contents - Specifications
1. BIDDING DOCUMENTS
Section 00030
Section 00100
Section 00110
Section 00300
Section 00350
Notice of Calling for Bids (pp. 1-2)
Instructions to Bidders (pp. 1-8)
Bid Proposal (pp. 1-9)
Scope of Work (p. 1)
Milestone Schedule (p. 1)
2. CONTRACT DOCUMENTS
Section 00500 Fixed Price Contract (pp. 1-22)
3. CONDITIONS OF THE CONTRACT
Section 00800
Section 00900
Section 01000
Supplementary Conditions (pp. 1)
Supplementary Insurance Documents (pp. 1-11)
Special Conditions (pp.1-3)
4. GENERAL REQUIREMENTS
Section 01025 Measurement and Payment (pp.1-3)
Section 01027 Application for Payment (pp.1-10)
Section 01301 Submittals (pp.1-5)
Section 01310 Progress Schedules (pp. 1-3)
Section 01370 Schedule of Values (p.1)
Section 01500 Temporary Facilities (pp.1-2)
Section 01510 Temporary Utilities (pp. 1-4)
Section 01550 Access Roads and Parking Areas (p. 1)
Section 01560 Temporary Controls (pp.1-2)
Section 01595 Construction Cleaning (pp.1-2)
Section 01630 Post-Bid Substitutions (pp.1-6)
5. TECHNICAL SPECIFICATIONS
Section 02100
Section 02831
Section 03000
Section 03305
Section 11075
Site Preparation (pp. 1-3)
Fencing (pp. 1-3)
Concrete (Site Work) (pp. 1-9)
Portland Cement Concrete (pp. 1-14)
Park Equipment (pp. 1-2)
EXHIBIT B
ACORD'M CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
12/01/1999
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Paul Lynch & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
300 Colorado Avenue, Suite 203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Stuart, FL 34994 INSURERS AFFORDING COVERAGE
INSURED J.T.D. Contracting, Inc. dba INSURER A: New York Marine & General
Upper Keys Marine Construction INSURER B: American Interstate
P.O. Box 2790 INSURER c:
Key Largo,FL 33037 INSURER D:
1(305) 853-2644 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~~~f;':;rJ'.f~E Pgk!fE",~:~~N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
-
x COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000
I CLAIMS MADE [][] OCCUR MED EXP (Anyone person) $ 1,000
A P&I (ex-crew & MMO-20083ML299 02/10/99 02/10/00 PERSONAL & ADV INJURY $1,000,000
-
cargo) GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG d,OOO,OOO
Xl n PRO- nLOC
x POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO mLaQ'[{ (Ea accident)
- .; . . ~ . '...... ,.
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS ,V_ . . __ (Per person)
-
HIRED AUTOS ~TE _J~--).. s.!j'------ BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- t,I~\'\'[p: . . ~_vr( PROPERTY DAMAGE
I~.. . (Per accident) $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
=:J OCCUR D CLAIMS MADE AGGREGATE $
$
==l DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I IOTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY 99WCFL133471 03/05/99 03/05/00 dOO,OOO
EL. EACH ACCIDENT
B USL&H EL. DISEASE - EA EMPLOYEE $500,000
EL. DISEASE - POLICY LIMIT $100,000
A OTHER EQUIPMENT MMO-20242IM399 03/10/99 03/10/00
A MEL(Jones Act) MMO-20084ML299 02/10/99 02/10/00 $990,000 excess of
$10,000 (SIR)
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Regarding G/L, Monroe County is listed as additional insured with respect in
work performed by the insured. Ref: Sombrero Beach Playground.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County, BOCC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
5100 College Road I~() NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Key West, FL 33040 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KJtlD UPON THE INSURER, ITS AGENTS OR
Attn: Risk Management0 I I REPRESENTATIVES. .' . -
,-..
DhTE_- \' /~ AUTHORIZED REPRESENTATIVE : .'
I ..~. .
ACORD 5 - ~
2 -S (7/97)
@ ACORD CORPORATION 1988
ACORDN' ()ERTIFI()}\TIE€)fZl..I}\BILIn'INSl.JR}\N()F2~~lh DATE (MM/DDIYY)
.' 12/01/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Slaton Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8951 Bonita Beach Rd. SE #297 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bonita Springs FL 34135 COMPANIES AFFORDING COVERAGE
Robert A. Grady COMPANY
A Auto-Owners Insurance
Phone No. 941-992-2700 Fax No. 941-992-1848
INSURED COMPANY c. MOf\lkUi:: LUUl'l \ I
B ,~Ur\l::::~: ICT:n~J fH . '\'iENT
--1) Cc,.;7rI'tChVf).. I..:INC.. d/b/A \ DEe 0 7 1999
J., . COMPANY
Upper Keys Marine Construction C
P. O. Box 2790 COMPANY TmM:: _
Key Largo FL 33037 0 ~ RF(;EIVEO BY (1 /... -
COVeRAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYY) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $
-
COMMERCIAL GENERAL LIABILITY PRODUCTS, COM PlOP AGG $
I CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
-
FIRE DAMAGE (Anyone fire) $
-
MED EXP (Anyone person) $
AUTOMOBILE LIABILITY
- COMBINED SINGLE LIMIT $ 1,000,000
A ANY AUTO 4145589900 04/17/99 04/17/00
-
ALL OWNED AUTOS BODILY INJURY
- $
~ SCHEDULED AUTOS (Per person)
X HIRED AUTOS {Jib BODILY INJURY
- .. ,'.' (r Iff' P" U $
X NON-OWNED AUTOS ';.:.Y i~" flY. (Per accident)
-
- PROPERTY DAMAGE $
, f\ I .... r_ _
GARAGE LIABILITY om:_ ~t ..., --r 'i_ AUTO ONLY- EA ACCIDENT $
- /
ANY AUTO ..c --- OTHER THAN AUTO ONLY:
- ~,:-: yrS
wr, '\1Ft': EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
~ ,UMBRELLA FORM ~ ../.~) AGGREGATE $
OTHER THAN UMBRELLA FORM :J.l1;\;VM $
WORKERS COMPENSATION AND ~;J" t\ TWC STATU- I 10TH,
TORY LIMITS ER
EMPLOYERS' LIABILITY Wi Q
- EL EACH ACCIDENT $
THE PROPRIETOR! RINCL EL DISEASE - POLICY LIMIT $
PARTNERs/EXECUTIVE A.n
OFFICERS ARE: EXCL - r EL DISEASE, EA EMPLOYEE $
OTHER r I
<t :;~! ....: ;''4,; ~:-:~(. /\t1 .3i,Oil..~~~
DESCRIPTION OF OPERA TIONS/LOCA TIONSlVEHICLES/SPECIAL ITEMS
Marine Construction RE: Sombrero Beach Playground Certificate holder is
listed as additional insured for this project only
CERTIFICATEHOLDER CANCELLATION
MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
County of Monroe BOCC EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Engineering Department 1~/C1jCtq ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Attn: Desiree Peacock BUT FAILURE TO MAIL SUC~~L IMPOSE NO OBLIGATION OR LIABILITY
5100 College Road
Key West FL 330400^Tti OF ANY KIND UPON THE C MPANY, ITS GENTS OR REPRESENTATIVES.
~ ) AUTHORIZEDREPRESENTA~~~p. a . Gna
D^TE Robert A. Grad~ . IntJ/
'k' ~
ACORD 25-S(1I95) '''H","':': '. ...... ACoRDC9!1PORATIQ'I11988
v -
BO.ND NO. X-01708
SECTION 00850
PUBLIC CONSTBUCTlON BOND
JTD CONTRACTING, INC., dba UPPER KEYS MARINE
D W CONSTRUCTION, 97674 OVERSEAS HWY, KEY LARGO, FL Prf.-l I
8Y THIS BON, . ~~M7 TI=I NO. (::I0!'i\ 8!'i::l-?R.44 , al n""pa
PREFERRED NATIONAL INSURANCE COMPANY
210 UNIVERSITY DR., #900, CORAL SPRINGS, FL 33071
and TEL. (80m 456-8189 . a corporation. al Surety, are
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
bound to 5100 COLLEGE RD.. KEY WEST, FL. TEL: paS) 294-4841 . herein called Owner. In
FIFTY-SIX THOUSAND, FOUR HUNDRED, FIFTY-SEVEN f ......'-h
'he sum of 'AND 7A/1nn , for payment 0 wr~
-
we bInd ourselves. our heirs. personal representa1fvos. successors, and assigns. Jolnfly
and sev.rally.
THE CONCmON OF THIS BOND is that if Princfpal:
1. Performs the contract dated Oq - 08 . 19 9 9 . between
PrincIpal and Owner for construction of
SOMBRERO BEACH PLAYGROUND LOCATED AT MONROE COUNTY, FLORIDA
the contract being made a part or this bond by reference. at the tmet and In
the manner prescribed In the contract; and
2. Promptly makes payments to aU clafmannls, as defined In Secffcn 255.05(1).
Florida Statutes, supplying Principal with labor. materials. or supplies, used
directlY or indirectly by Prfndpalln the prosecution of the work provided for In
the contract: and
3. flays OWner all losses. damages. expenses, cosb. and attorney's f....
inCluding appeHate proceedings, that OWner sustaIns because of a defaUlt
by Prtndpal under the contract: and
4. Performs the guaran1ee of 01 work ond materials fum(shed under the contract
for the time specified fn the contract. then this bond Is void: otnerw(se it
remaIns in ;ull force.
:. ^ny changes in or under the contract documents and compliance or
noncompliance with any formalltfes connected with the contract of the changes
does not affect Surety's obliga11on under this bond.
Dated SEPTEMBER 28th
. 1999
:J.~o:;~p; KEYS MARINE CONSTRUCTION
t me of Principal)
By
(
PREFERRED NATIONAL INSURANCE COMPANY
(Name 01 Surety)
- ...--
END OF SEcnON 00150
'. Preferred National Insurance Company
Coral Springs, Florida
POWER OF ATTORNEY
1Rnnfu !ti1 ~en lJv cm4ese 'resents; That Preferred Nalionallnsurance Company, a corporation of the State of Florida, by
John K. Latham, President, and Dennis B. Wills, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws of said Company,
which reads as follows:
ARTICLE XI. SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys-In-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obIigatOfy In the nature thereof.
ARTICLE XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey
or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company,
and such signature and seal when so used shall have the same foree and effect as though manually fixed.
Does hereby nominate, constitute and appoint
D. W. Matson, III, and John W. Charlton
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, aI bonds, undertaklngs and
contracts of suretyship In the amount not to exceed:
One Million Dollars ($1,000,000)
Preferred National Insurance Company, as fully and amply, to an intents and purposes, as if they have been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons.
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and Is now in force.
"",.'''....''1.',
IN WITNESS WHEREOF, the said President and secretarY'~(;~bed their names and affixed the CoIporatlon Seal of the said
Preferred National Insurance Company, this 1st day of AUgU~'.(~&~~.OR'''::;'''~'';-''';.
iSiC 4;......~"'~
E"':'U (t\\O~
AnES",\ . ~ M -1/' (~\ ~~L "i8r~Natlonalln.uran~om~pa"'f:. 7f ~ ')
~ /:J {,Q~ \\~>-.~(OR\O~.FJ~/ 'I. _ ~
Secretary "'" ~~. ..............\-\~ """ President
""1111 d ." "\,\.",,,
STATE OF FLORIDA ) ss: ",,,,...,,,,......."
CITY OF CORAL SPRINGS )
On this 1st day of August, A.D., 1998, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above
named President and Secretary of Preferred National Insurance Company to me personally known to be the Individuals and officers described In and
who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for
himself deposeth and saith. that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate
Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above
written.
ti}'''' WENDY ADELSON
, -,.ClOIrtclSO"_CC65OUO
~:c
t Lb tatl(b~eJ.~ -
CERTIFICATE
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing Is a
full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power
of Attorney was specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article XI, Section 1 & 2 of the By.Laws of
the Preferred National Insurance Company. ..."..,
\"\,, "",
\", L IN JII,
This Certificate may be signed by facsimile under and by aut~il~~\.~iol~~~ution of the Board of Directors of Preferred National Insurance
Company at a meeting duly called and held on the 1st day rf~~tJiRJt/ :;....."9 "\
f~~O ~\~"':
Resolved, Article XI. Section 2, "that the facsimile or m8c:tj~ly reAlllUA4 slgnatta ~f any Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of an~r of 8ft'cfm6?lDUed ~~ Company, shall be valid and binding upon the Company with
the same force and effect as though manualfy affixed" l ~. \. 1 9 8 8 ./ 0 J
\tS.:-.>.... ,i:- ~/~ $
IN TESTIMONY WHEREOF, I have hereunto subscribed ~"Co
...........~!;.eI!;M.~.I;R..................., 19..~~............. ",.".~'! * ~~,..""
'"'u,..'''
ate Seal of the said Company, this......~.~!!L............ day of
PNI-PA-101 (8198)
/11t1~
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY)
03/07/2000
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Paul Lynch & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3388 NE Sugarhill Ave., Suite 201 ..il!'J . L TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Jensen Beach, FL 34957 INSURERS AFFORDING COVERAGE
561-232-2552
INSURED J.T.D. Contracting, Inc. dba INSURER A: American Interstate Insurance Co.
Upper Keys Marine Construction INSURER B:
P.O. Box 2790 INSURER c:
Key Largo,FL 33037 INSURER D:
,(305) 853-2644 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS,
INSR TYPE OF INSURANCE POLICY NUMBER b~~f[.:;r~.f~E Pgk!fE"I~':'o~~N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $
-
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (AnV one lire) $
II I CLAIMS MADE D OCCUR . MED EXP (AllY one p~rson) $
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
Xl n PRO- nLOC
X POLICY JECT
AUTOMOBILE LIABlUTY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- 'hrlJP.'; $
SCHEDULED AUTOS (Per person)
- :m:r
HIRED AUTOS BODILY INJURY
- .. .x $
NON-OWNED AUTOS (Per accident)
- ,,'( - :y-lG'O it)
- - PROPERTY DAMAGE $
_ ,~r' _ (Per accident)
GARAGE LIABILITY \'
L y~S- - AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO ~
&"> 'l7.: f<':,> .~ EA ACC $
\ OTHER THAN
AUTO ONLY: AGG $
EXCESS LlABlUTY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I 10TH-
TORY LIMITS ER
EMPLOYERS' LlABlUTY 00WCFL147882 03/05/00 03/05/01 $100,000
E.L. EACH ACCIDENT
A USL&H E.L. DISEASE - EA EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT dOD,OOO
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Regarding G/L, Monroe County is listed as additional insured with respect in
work performed by the insured. Ref: Sombrero Beach Playground.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County, BOCC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
5100 College Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Key West, FL 33040 ~LJL(1) IMPOSE NO OBUGA TION OR LIABILITY OF ANY r~ON THE INSURER, ITS AGENTS OR
Attn: Risk &W~~:~~!lt.........c- .. '..' ' REPRESENTATIVE& ~
AUTHORIZED REPRESENTATIVE /W/?Z/4~/
I INITIAl. ____~-,. _r )
ACORD 25-5 (7/97)
€l ACORD CORPORATION 1988