Item C43BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17.2012 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Project Management
Staff Contact PersonlPhone #-Jeuy Barnett X4416
AGENDA rOM WORDING: Approval to reject the lowest bidder for the Construction of New
Drug Court Offices at the Freeman Justice Center and approval to award bid and enter into a contract
with the second lowest bidder, D.L. Porter Constructors, Inc. This project is fully funded by the 16"
Judicial Court.
ITEM BACKGROUND: On September 13, 2012, a bid opening was held for construction of new
Drug Court offices, restrooms, and laboratory for the 16`h Judicial Circuit. Four Contractors responded
with ABC Construction, Inc. submitting the lowest bid, but the bid was determined to be incomplete
and therefore non -responsive. D.L. Porter Constructors, Inc, was the lowest, responsive, bidder.
Attached is the bid Tabulation Sheet
PREVIOUS RELEVANT BOCC ACTION: On April 18, 2012, the BOCC approved a contract with
Currie Sowards Aguila Architects (CSA) for the design through construction administration of
approximately 3,300 S.F. of offices on the ground level of the Freeman Justice Center for use by the
Drug Court.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $503,600.00 INDIRECT COST: BUDGETED: Yes X No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $503,600.00 SOURCE OF FUNDS: 16a' Judicial Court
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
v
APPROVED BY: County AttjEb OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DI.. Porter Constructors
Contract #
Effective Date:
10/17/12
Expiration Date:
Contract FhcwposelDescr pion:
For the construction of offices, restroo
and laboratory in
the Freeman Justice Center
for MKk the PM CgmgL
Contract Manager: Ann Riger
X4439
Project r t/Sto #1
(Name)
(Ext.)
(DepartmoWStop #)
for BOCC meeting on 10/17/12
Agenda Deadline. 10/02/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 503,600.00 Current Year Portion: $ 503,600.00
Budgeted? Yes® No ❑ Account Codes: 163-91501-530340- -
Grant: $ N/A
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For.
(Not included is dollar value above) ft
CONTRACT REVIEW
Changes Date Out
Date In Needed fewer
Division Director /02?--42 YesO
RiskManagement Imo-- YesE1 Nod a-
OM./.Pu��:[ia Bsing �v Yes[j NoF]
County Attorney YesR NQ
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FREEMAN JUSTICE CENTER DRUG COURT OFFICES
Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
THIS AGREEMENT made as of the Seventeenth day of October in the year of Two Thousand
and Twelve
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 500 Whitehead Street
Kev West. Florida 33040
and the Contractor: D.L. Porter Constructors, Inc.
(Name and address) 6574 Palmer Park Circle
Sarasota, FL 34238
For the following Project: Construction of Freeman Justice Center
Drug Court Offices, Key West, Florida
The Scope of Work consists of construction of the New Drug Court Offices located at
Freeman Justice Center, 302 Fleming St., Key West, Florida as shown on the
Construction Documents, Drawings and included in the Technical Specifications. The
Project generally consist of New Drug Court Offices, restrooms and laboratory for the
16th Judicial Circuit located at the rear side of the Freeman Justice Center with access
from Thomas street, in Key West, Florida. The proposed tenant improvement space is
currently used as a file and general storage room in a space that was initially intended
for vehicular below building parking at street level. The area is generally a rectangle of
approximately 132 feet long by 20 feet deep and the existing sloping slab will need to be
removed and a new level slab provided. In addition, the one exterior wall is currently
exposed block on the inside and painted stucco on the exterior with no openings. The
proposed plan will provide for the removal of all stucco material (+/-1,400 SF) and the
installation of eleven new fixed aluminum insulated windows and two new exterior doors
followed by new painted stucco finishes and trim. The interior spaces will be typical
office layouts toilets and meeting space. Finishes include stained concrete floors, carpet
tiles, painted walls, and acoustical suspended ceilings. New electrical will tie to existing
building service, HVAC will tie into the existing chiller system, and water and sewer
requirements will connect into existing services and the street. Include all mechanical,
electrical and plumbing as,required for a fully functional facility. The work will include but
is not necessarily limited to the following items:
Demolish and remove as required by the contract documents of rubble, debris,
equipment, piping, wiring, slabs, pavement and other materials as described in the
contract documents from site and dispose of legally off site.
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
2. All other requirements of the contract documents, Technical Specifications and
Drawings.
3. Demolition and All loud construction work must be scheduled at times that will not
interfere with ongoing court proceedings. This may require late night and/or
weekend scheduled work.
Project Management Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor -Room 2-216
Key West, Florida, 33040
The Architect is: Currie Sowards Aguila Architects
134 NE 15t Avenue
Delray Beach, Florida 33444
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The Contractor shall commence performance of this Contract within ten (10) calendar
days after the date of issuance to the Contractor by Owner of the Notice to Proceed. Once
commenced, Contractor shall diligently continue performance until completion of the Project.
The Contractor shall accomplish Substantial Completion of the Project within one hundred
eighty days (180 days) Contractor shall accomplish Final Completion of the Project within thirty
(30) calendar days thereafter.
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated_ damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST
CONTRACT AMOUNT
15 DAYS
Under $50,000.00
$50.00/Day
$50, 000.00-99, 999.00
100.00/Day
$100,000.00-499,999.00
200.00/Day
$500,000.00 and Up
500.00/Day
The Contractor's recovery of damages and sole
shall be an extension of time on the Contract.
SECOND
15 DAYS
$100.00/Day
200.00/Day
500.00/Day
1,000.00/Day
remedy for any
ARTICLE 4
Contract Sum
31STDAY &
THEREAFTER
$250.00/Day
750.00/Day
2,000.00/Day
3,500.00/Day
delay caused by the Owner
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract sum of Five Hundred Three Thousand Six Hundred Dollars and
00/100 Dollars ($503,600.00) subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management may require. This schedule, unless objected to by the Director of Project
Management, shall be used as a basis for reviewing the Contractor's Applications for Payment.
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage. Pending final determination of cost to the owner of changes in the Work, amounts
not in dispute may be included in Applications for Payment. No item in the Schedule of Values
shall exceed $25,000.00 without prior approval from Monroe County Project Management. For
items greater than $25,000.00, the amount of credit to be allowed by the Contractor to the
Owner for a deletion or change with results in a net decrease in the Contract Sum shall be the
net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule of
Values for that line item as confirmed by the Director of Project Management. For items less
than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be pursuant to
negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions
and credits covering related Work or substitutions are involved in a change the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to that
change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b), Florida
Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management and Architect. Such final payment shall be made by the Owner
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
not more than 20 days after the issuance of the final approval for payment. The following
documents (samples in section 1027 of the Project Manual) are required for Final Payment:
(1) Application and Certificate for Payment (2 originals)
(2) Continuation Sheet
(3) Change Orders
(4) Certificate of Substantial Completion
(5) Contractor's Affidavit of Debts and Claims
(6) Contractor's Affidavit of Release of Liens
(7) Final Release of Lien
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500 of the General
Requirements
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals on leases of
real property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other_ administrative or legal proceeding, pursuant to
Section XVI of this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs as an award against the non -prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. County
or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42- USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
10/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 7
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general. or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that
he shall indemnify and hold the COUNTY and the COUNTY'S elected and appointed officers
and employees harmless from liabilities, damages, losses and costs, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
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FREEMAN JUSTICE CENTER DRUG COURT OFFICES
contractor, including sub Contractor(s) in any tier, in the performance of the construction
contract. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this AGREEMENT,
this section will survive the expiration of the term of this AGREEMENT or any earlier termination
of this AGREEMENT.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Consultant's failure to purchase or maintain the required
insurance, the Consultant shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of any
deficiency or ambiguity in the plans and specifications provided by the Consultant, the
Consultant agrees and warrants that the Consultant shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above. .
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County require this project to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
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8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated August 2012.
9.1.4 The Technical Specifications submitted by Currie Sowards Aguila Architects
9.1.5 Contractor's Proposal Documents
9.1.6 The Drawings issued by the Architect for the construction of the (list drawings) Drawings:
A-1.00; LS-2.01; D-2.01; A-2.01; A-3.01; A-4.01; A-6.01; A-7.01; A-8.01; A-9.01; A-9.02;
S0.1; S 1.0; E-01; E-1.1; E-1.2; E-2.1; FA-0.1; FA-1.1; FS-0.1; FS-1.1; M-0.1; M-1.1: M-2.1; P-
0.1; P-1.1; P-2.1
9.1.7 The Addenda, if any, are as follows:
Number Date Pages
1 08/30/12 08/30/12 18
9.1.8 The Alternates, if any, are as follows:
Add Alternate No. 1; No Alternates
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one to Project
Management for use in the administration of the Contract, and the remainder to the Owner.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date
(SEAL)
Attest:
By:
Print Name:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
D.L. PORTER CONSTRUCTORS, INC.
By:
Print name:
Title: Title:
Date: Date:
And:
By:
Print Name:
Title:
Date:
STATE OF FLORIDA
COUNTY OF
MONROE COUNTY ATTORN
AP OVED AS TO O
NATILEENE W. CASSEL
ASSIIST�A T COUNTY ATTORNEY
Datsry
On this _ day of . 200__, before me ,the undersigned notary public,
Personally appeared known tome to be the
Person whose name is subscribed above or who produced
As Identification, and acknowledged that he/she Is the person who executed the
above contract with Monroe County for the Construction of Freeman Justice Center Drug Court Offices
Key West, Florida.
for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
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General Conditions of the Contract for
Construction
Where Project Management is Not a Constructor
Table of Articles
1. General Provisions 8.
2. Owner 9.
3. Contractor 10.
4. Administration of the Contract 11.
5. Subcontractors 12.
Work
6. Construction by Owner or By Other 13.
Contractors
7. Changes in the Work 14.
the
Time
Payments and Completion
Protection of Persons and
Property
Insurance and Bonds
Uncovering and Correction of
Miscellaneous Provisions
Termination or Suspension of
Contract
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ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of this Agreement,
Conditions of the Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Proposal Documents, Addenda issued prior to execution of this
Agreement, together with the response to RFP and all required insurance
documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. In
the event of a discrepancy between the documents, precedence shall be determined by
the order of the documents as just listed.
1.1.2 The Contract: The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. The Contract may be amended or modified only by a
Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind (1) between the Architect and Contractor, (2) between Project
Management and Contractor, (3) between the Architect and Project Management, (4)
between the Owner and a Subcontractor or (5) between any persons or entities other
than the Owner and Contractor. The Owner shall, however, be entitled to enforce the
obligations under the Contract intended to facilitate performance of the duties of Project
Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a
part of the Project.
1:1.4 The Project: The Project is the total construction of which the Work performed
under the Contract Documents may be the whole or a part and which may include
construction by other Contractors and by the Owner's own forces including persons or
entities under separate contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design,
location and dimensions of the Work, generally including plans, elevations, sections,
details, schedules and diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract
Documents consisting of the written requirements for materials, equipment, construction
systems, standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for
the Work which may include the proposal requirements, sample forms, Conditions of the
Contract and Specifications.
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1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the
Contractor has visited the site, become familiar with local conditions under which the
Work is to be performed and correlated personal observations with requirements of the
Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the
proper execution and completion of the Work by the contractor. The Contract
Documents are complementary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and
arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-
known technical or construction industry meanings are used in the Contract Documents
in accordance with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the
remainder is indicated in outline, the parts drawn out shall also apply to all other like
portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other
Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the
Contractor is described. The Contractor may retain one contract record set. Neither the
Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier
shall own or claim a copyright in the Drawings, Specifications and other documents
prepared by the Architect. All copies of them, except the Contractor's record set, shall
be returned or suitably accounted for to Project Management, on request, upon
completion of the Work. The Drawings, Specifications and other documents prepared by
the Architect, and copies thereof furnished to the Contractor, are for use solely with
respect to the Project. They are not to be used by the Contractor or any Subcontractor,
Sub -subcontractor or material or equipment suppliers unless they are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of
their Work under the Contract Documents. All copies made under this license shall bear
the statutory copyright notice, if any, shown on the Drawings, Specifications and other
documents prepared by the Architect. Submittal or distribution to meet official regulatory
requirements or for other purposes in connection with this Project is not to be construed
as publication in derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be
furnished, two (2) original sealed copies and one (1) electronic copy of Drawings,
Specifications and the Project Manual free of charge for the execution of the Work.
Additional copies may be obtained from Project Management at a fee of $5.00 per page
for full size drawings (.25 per page for written specifications or 11 "x 17" drawings).
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1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined, (2) the titles of numbered articles and identified references to
Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words
such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or
an article is absent from one statement and appears in another is not intended to affect
the interpretation of either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the
Owner's authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics,
legal limitations and utility locations for the site of the Project, and a legal description of
the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits
and fees which are the responsibility of the Contractor under the Contract Documents. It
is the Contractor's responsibility to secure and pay for the building permit(s) for the
project.
2.2.4 Information or services under the Owner's control shall be furnished by the
Owner with reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be
furnished, two (2) original sealed copies and one (1) electronic copy of Drawings,
Specifications and the Project Manual free of charge for the execution of the Work as
provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and may contemporaneously provide the same communications to the
Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner
or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance
and Bonds).
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2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the
requirements of the contract Documents as required by Paragraph 12.2 or persistently
fails to carry out Work in accordance with the Contract Documents, the Owner, by
written order signed personally or by an agent specifically so empowered by the Owner,
may order the Contractor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the Owner to stop the Work shall
not give rise to a duty on the part of the Owner to exercise this right for the benefit of the
Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice
from the Owner to commence and continue correction of such default or neglect with
diligence and promptness, the Owner may after such three-day period give the
Contractor a second written notice to correct such deficiencies within a three-day period.
If the Contractor within such second three-day period after receipt of such second notice
fails to commence and continue to correct any deficiencies, the Owner may, without
prejudice to other remedies the Owner may have, correct such deficiencies. In such
case an appropriate Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such deficiencies, including
compensation for another contractor or subcontractor or Project Management's and
Architect's and their respective consultants' additional services and expenses made
necessary by such default, neglect or failure. If payments then, or thereafter, due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a
minimum of 24 hours notice. In the event of safety issues determined to be of a serious
nature, as determined by Project Management, notice will be given, and contractor is
required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under Conditions of the Contract that are administered by Project
Management, and that are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with
each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2
and shall at once report to Project Management and Architect errors, inconsistencies or
omissions discovered. The Contractor shall not be liable to the Owner, Project
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Management or Architect for damage resulting from errors, inconsistencies or omissions
in the Contract Documents unless the Contractor recognized such error, inconsistency
or omission and knowingly failed to report it to Project Management and Architect. If the
Contractor performs any construction activity knowing it involves a recognized error,
inconsistency or omission in the Contract Documents without such notice to Project
Management and Architect, the Contractor shall assume appropriate responsibility for
such performance and shall bear an appropriate amount of the attributable costs for
correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known
to the Contractor with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported to Project Management and
Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Contract, subject to overall coordination
of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in
accordance with the Contract Documents either by activities or duties of Project
Management in its administration of the Contract, or by test, inspections or approvals
required or performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's
Work in order to determine that such portions are in proper condition to receive
subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with
are the most recent and updated available, including all Addenda information. Also the
Contractor will perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall
provide and pay for labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the
Contractor's employees and other persons carrying out the Contract. The Contractor
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shall not permit employment of unfit persons or persons not skilled in tasks assigned to
them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times.
Misconduct, destruction of property, unsafe practices, or violation of any Federal or State
regulations including abuse of alcohol or drugs, will be cause for permanent dismissal
from the project. If any Contractor's employee is determined to be detrimental to the
Project, as deemed by Project Management, the Contractor will remove and/or replace
the employee at the request of Project Management. Employees dismissed from the
project will be transported from the job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his
materials and equipment. The Contractor agrees to cooperate with Project
Management, if required, to accommodate any discovered variations or deviations from
the Drawings and Specifications so that the progress of the Work is not adversely
affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that
materials and equipment furnished under the Contract will be of good quality and new
unless otherwise required or permitted by the Contract Documents, that the Work will be
free from defects not inherent in the quality required or permitted, and that the Work will
conform with the requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved and authorized, may
be considered defective. The Contractor's warranty excludes remedy for damage or
defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear under normal
usage. If required by Project Management, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or
portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental
fees, licenses, inspections, testing, surveys and utility fees required by Federal, State,
Municipal or Utility entities having jurisdiction over the project for 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
will be responsible for all building permit costs or impact fees required for this project.
The Contractor shall secure and pay for all building and specialty permits including
plumbing, electrical, HVAC, etc.
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3.7.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents
are in accordance with applicable laws, statutes, ordinances, building codes, and rules
and regulations. However, if the Contractor observes that portions of the Contract
Documents are at variance therewith, the Contractor shall promptly notify Project
Management, Architect and Owner in writing, and necessary changes shall be
accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations without such notice to Project
Management, Architect and Owner, the Contractor shall assume full responsibility for
such Work and shall bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site during performance of the Work.
The superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The superintendent shall be satisfactory to
Project Management and shall not be changed except with the consent of Project
Management, unless the superintendent proves to be unsatisfactory to the Contractor or
ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and
submit for the Owner's and Architect's information and Project Management's approval a
Contractor's Construction Schedule for the Work. Such schedule shall not exceed time
limits current under the Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire Project
construction schedule to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the Work. This schedule, to be
submitted within fourteen (14) days after Contract Award, shall indicate the dates for the
starting and completion of the various stages of construction, shall be revised as
required by the conditions of the Work, and shall be subject to Project Management's
approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work
of other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Project Management will schedule and conduct a project meeting at a minimum
of one meeting per month in each month which the Contractor shall attend. At this
meeting, the parties can discuss jointly such matters as progress, scheduling, and
problems.
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3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the
Drawings; Specifications, addenda, Change Orders and other Modifications, in good
order and marked currently to record changes and selections made during construction,
and in addition approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to Project Management and Architect and shall be
delivered to Project Management for submittal to the Owner upon completion of the
Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially
prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor,
manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the Contractor to
illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the
Work for which submittals are required the way the Contractor proposes to conform to
the information given and the design concept expressed in the Contract Documents.
Review by Project Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in
accordance with the schedule and sequence approved by Project Management, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. The Contractor shall cooperate with Project Management in the
coordination of the Contractor's Shop Drawings, Product Data, Samples and similar
submittals with related documents submitted by other Contractors. Submittals made by
the Contractor which are not required by the Contract Documents may be returned
without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and
review of Shop Drawings, Product Data, Samples or similar submittals until the
respective submittal has been approved by Project Management. Such Work shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto, or will do so,
and has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by Project Management approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has
specifically informed Project Management and Architect in writing of such deviation at
the time of submittal and Project Management have given written approval to the specific
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deviation. The Contractor shall not be relieved of responsibility for errors or omissions in
Shop Drawings, Product Data, Samples or similar submittals by Project Management's
approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those
requested by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management are not expected to
take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the
present market, the Contractor may submit data on substitute materials to Project
Management for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber
the site with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly; He shall also provide
protection of existing work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or
partially completed construction of the Owner's own forces or of other Contractors by
cutting, patching, excavating or otherwise altering such construction. The Contractor
shall not cut or otherwise alter such construction by other Contractors or by the Owner's
own forces except with written consent of Project Management, Owner and such other
contractors: such consent shall not be unreasonably withheld. The Contractor shall not
unreasonably withhold from the other Contractors or the Owner the Contractor's consent
to cutting or otherwise altering the Work. When structural members are involved, the
written consent of Project Management shall also be required. The Contractor shall not
unreasonably withhold from Project Management or any separate contractor his consent
to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for
the installation of his materials and equipment and the execution of his work, whether or
not shown or indicated on the Drawings. The Contractor shall be further responsible for
sealing and/or finishing, in an acceptable fashion and meeting any applicable code
requirements, and such block -out, cutout opening, or other hole in any fire -related floor,
ceiling, wall, security wall, or any other finished surface.
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3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the Contract. At
completion of the Work the Contractor shall remove from and about the project waste
materials rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials. Clean up shall be performed to the satisfaction of the Owner or Project
Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged
to the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect
access to the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall
defend suits or claims for infringement of patent rights and shall hold the Owner, Project
Management and Architect harmless from loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a
particular manufacturer or manufacturers is required by the Contract Documents.
However, if the Contractor has reason to believe that the required design, process or
product is an infringement of a patent, the Contractor shall be responsible for such loss
unless such information is promptly furnished to the Architect and Project Management.
3.18 Indemnification and Hold Harmless
3.18.1 Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and
agrees that he shall indemnify and hold the COUNTY and the COUNTY'S elected and
appointed officers and employees harmless from liabilities, damages, losses and costs,
recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the contractor, including sub-Contractor(s) in any tier, in the
performance of the construction contract. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this AGREEMENT, this section will survive the expiration of the
term. of this AGREEMENT or any earlier termination of this AGREEMENT.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Consultant shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above. .
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The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this AGREEMENT.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity
lawfully practicing architecture identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Architect"
means the Architect or the Architect's authorized representative. Currie, Sowards,
Aguila Architects are the Architects on this project.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Project Management" means Monroe County Project Management Department or
Project Management's authorized representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and
Architect as set forth in the Contract Documents shall not be restricted, modified or
extended without written consent of the Owner, Project Management, Architect and
Contractor. Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an
Architect whose status under the Contract Documents shall be that of the former
Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Project Management and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Paragraph 12.2. Project
Management and Architect will advise and consult with the Owner and will have
authority to act on behalf of the Owner only to the extent provided in the Contract
Document, unless otherwise modified by written instrument in accordance with other
provision of the Contract.
4.6.2 Project Management and Architect will determine in general that the Work is
being performed in accordance with the requirements of the Contract Documents, will
keep the Owner informed of the progress of the Work, and will endeavor to guard the
Owner against defects and deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall
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cooperate with them. The Contractor shall participate with other Contractors and Project
Management and Owner in reviewing their construction schedules when directed to do
so. The Contractor shall make any revisions to the Construction schedule deemed
necessary after a joint review and mutual agreement. The construction schedules shall
constitute the schedules to be used by the Contractor, other Contractors, Project
Management and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 Project Management will visit the site at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the completed
Work and to determine in general if the Work is being performed in a manner indicating
that the Work, when completed, will be in accordance with the Contract Documents.
However, Project Management will not be required to make exhaustive or continuous
onsite inspections to check quality or quantity of the Work. On the basis of on -site
observations as an architect, Project Management will keep the Owner informed of
progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the work.
4.6.6 Project Management will not have control over or charge of and will not be
responsible for construction means, method, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, since these are solely
the Contractor's responsibility as provided in Paragraph 3.3, and neither will be
responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Project Management nor the Architect will have control
over, or charge of, or be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing
portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise
provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through Project Management,
and shall contemporaneously provide the same communications to the Architect.
Communications by and with the Architect's consultants shall be through the Architect.
Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with other Contractors shall be through Project
Management and shall be contemporaneously provided to the Architect.
4.6.8 Project Management will review and certify all Applications for Payment by the
Contractor, including final payment. Project Management will assemble each of the
Contractor's Applications for Payment with similar Applications from other Contractor
into a Project Application for Payment. After reviewing and certifying the amounts due
the Contractors, the Project Application for Payment, along with the applicable
Contractors' Applications for Payment, will be processed by Project Management.
4.6.9 Based on Project Management's observations and evaluations of Contractors'
Applications for Payment, Project Management will certify the amounts due the
Contractors and will issue a Project Approval for Payment.
4.6.10 Project Management will have authority to reject Work which does not conform to
the Contract Documents, and to require additional inspection or testing, in accordance
with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed
or completed, but will take such action only after notifying Project Management. Subject
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to review, Project Management will have the authority to reject Work which does not
conform to the Contract Documents. Whenever Project Management considers it
necessary or advisable for implementation of the intent of the Contract Documents,
Project Management will have authority to require additional inspection or testing of the
work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is
fabricated, installed or completed. The foregoing authority of Project Management will
be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with
respect to interpretations and decisions of the Architect. However, neither the
Architect's nor Project Management's authority to act under this Subparagraph 4.6.10
nor a decision made by either of them in good faith either to exercise or not to exercise
such authority shall give rise to a duty or responsibility of the Architect or Project
Management to the Contractor, Subcontractors, material and equipment suppliers, their
agents or employees, or other persons performing any of the Work.
4.6.11 Project Management will receive from the Contractor and review and approve all
Shop Drawings, Product Data and Samples, coordinate them with information received
from other Contractors, and review those recommended for approval. Project
Management actions will be taken with such reasonable promptness as to cause no
delay in the Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 Project Management will review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. Project Management action
will be taken with such promptness consistent with the constraints of the project
schedule so as to cause no delay in the Work of the Contractor or in the activities of the
other Contractors, the Owner, or Project Management, while allowing sufficient time to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or performance of equipment
or systems, all of which remain the responsibility of the Contractor as Contractor as
required by the Contract Documents. Project Management review of the Contractor's
submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5
and 3.12. Project Management's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by Project Management, of any
construction means, methods, techniques, sequences or procedures. Project
Management's approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with the Owner, Project Management will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7
and will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist Project Management in conducting inspections to
determine the dates of Substantial completion and final completion, and will receive and
forward to Project Management written warranties and related documents required by
the Contract and assembled by the Contractor. Project Management review and
approve a final Project Application for Payment upon compliance with the requirements
of the Contract Documents.
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4.6.17 Project Management will provide one or more project representatives to assist in
carrying out his responsibilities at the site. The duties, responsibilities and limitations of
authority of such project representatives shall be as set forth in an exhibit to be
incorporated in the Contract Documents.
4.6.18 Project Management will interpret and decide matters concerning performance
under and requirements of the Contract Documents on written request of the Owner or
Contractor. Project Management's response to such requests will be made with
reasonable promptness and within any time limits agreed upon. If no agreement is
made concerning the time within which interpretations required of Project Management
shall be furnished in compliance with this Paragraph 4.6, then delay shall not be
recognized on account of failure by Project Management to furnish such interpretations
until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Project Management will be consistent with the
intent of and reasonably inferable from the Contract Documents and will be in writing or
in the form of drawings. When making such interpretations and decisions, Project
Management will endeavor to secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
4.6.20 Project Management's decisions on matters relating to aesthetic effect will be
final if consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money,
extension of time or other relief with respect to the terms of the Contract. The term
"Claim" also includes other disputes and matters in question between the Owner and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate Claims shall rest with the party making the
claim.
4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16t" Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days
after occurrence of the event giving rise to such Claim or within 21 days after the
claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made after the initial Claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner. This notice is not a condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of
the Contract and the Owner shall continue to make payments in accordance with the
Contract Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute
a waiver of Claim by the Owner except those arising from:
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.1 liens, Claims, security interests or encumbrances arising out of the Contract
and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered
at the site which are (1) subsurface or otherwise concealed physical conditions which
differ materially from those indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice by the observing party
shall be given to the other party promptly before conditions are disturbed and in no event
later than 21 days after first observance of the conditions. Project Management will
promptly investigate such conditions, and the parties will follow the procedure in
paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an
increase in the Contract Sum, written notice as provided herein shall be given before
proceeding to execute the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Paragraph 10.3 If the Contractor
believes additional cost is involved for reasons including but not limited to (1) a written
interpretation from Project Management, (2) a written order for a minor change in the
Work issued by Project Management, (3) failure of payment by the Owner, (4)
termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, Claim shall be filed in accordance with the procedure established
herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party is
legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable the other party to
investigate the matter. If a Claim for additional cost or time related to this Claim is to be
asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
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5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the
Contractor to perform a portion of the Work at the site. The term "Subcontractor' is
referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term
"Subcontractor" does not include other Contractors or subcontractors of other
Contractors.
5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract
with a Subcontractor to perform a portion of the Work at the site. The term "Sub -
subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Sub -subcontractor or an authorized representative of the Sub -
subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,
the Contractor, as soon as practicable after award of the Contract, shall furnish in writing
to Project Management for review by the Owner and Project Management the names of
persons or entities (including those who are to furnish materials or equipment fabricated
to a special design) proposed for each principal portion of the Work. Project
Management will promptly reply to the Contractor in writing stating whether or not the
Owner or Project Management, after due investigation, has reasonable objection to any
such proposed person or entity. Failure of Project Management to reply promptly shall
constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the
Owner or Project Management has made reasonable and timely objection. The
Contractor shall not be required to contract with anyone to whom the Owner or Project
Management has made reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a
list submitted by the Contractor in response to the requirements of the Contract
Documents, the Contractor shall submit an acceptable substitute; however, no increase
in the Contract Sum shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously
selected if the Owner or Project Management makes reasonable objection to such
change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner or Project Management. Each subcontract
agreement shall preserve and protect the rights of the Owner or Project Management
under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights. When
appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub -subcontractors. The Contractor shall make available to each
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proposed Subcontractor, copies of the Contract Documents which the Subcontractor will
be bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract Documents. Subcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub -subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the
Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for
cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the
Owner accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under
public construction bond covering the Contract.
i. If the work has been suspended for more than 30 days, the
Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award
Other Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to
the Project with the Owner's own forces, which include persons or entities under
separate contracts not administered by Project Management. The Owner further
reserves the right to award other contracts in connection with other portions of the
Project or other construction or operations on the site under Conditions of the Contract
identical or substantially similar to these including those portions related to insurance
and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own
forces including persons or entities under separate contracts not administered by Project
Management, the Owner shall provide for coordination of such forces with the Work of
the Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work
of other contractors on the site. The Owner and Project Management shall be held
harmless for any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and
other contractors reasonable opportunity for introduction and storage of their materials
and equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract
Documents.
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6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the
Contractor shall, prior to proceeding with that portion of the Work, promptly report to
Project Management any apparent discrepancies or defects in such other construction
that would render it unsuitable for such proper execution and results. Failure of the
Contractor so to report shall constitute an acknowledgment that the Owner's own forces
or other contractors' completed or partially completed construction is fit and proper to
receive the Contractor's Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction
shall be borne by the Contractor. The Contractor's sole remedy as against the Owner
for costs caused by delays or improperly timed activities or defective construction shall
be an extension of time.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the Owner
or other contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and
other contractors shall be subject to the provisions of Paragraph 4.7 provided the other
contractors have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting
and patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for
completion of any portion or portions of the work, he shall, within (72) hours of the
occurrence of the cause of the delay, notify Project Management in writing, of his
contention: setting forth (A) the cause for the delay, (B) a description of the portion or
portions of work affected thereby, and (C) all details pertinent thereto. A subsequent
written application for the specific number of days of extension of time requested shall
be made by the Contractor to Project Management within (72) hours after the delay has
ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for
an extension of time that the foregoing provisions be strictly adhered to in each instance
and, if the Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause,
shall be the basis for an extension of time he shall have no claim against the Owner or
Project Management for an increase in the Contract price, nor a claim against the Owner
or Project Management for a payment or allowance of any kind for damage, loss or
expense resulting from delays; nor shall the Contractor have any claim for damage, loss
or expense resulting from interruptions to, or suspension of, his work to enable other
contractors to perform their work. The only remedy available to the Contractor shall be
an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to
the responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish as described in Paragraph 3.15,
the Owner may clean up and allocate the cost among those responsible as Project
Management determines to be just.
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ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and
without invalidating the Contract, by Change Order, Construction Change Directive or
order for a minor change in the Work, subject to the limitations stated in this Article 7 and
elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management and Contractor; a Construction Change Directive require agreement by the
Owner, Project Management and may or may not be agreed to by the Contractor; an
order for a minor change in the Work may be issued by Project Management alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the
Contract Documents, and the Contractor shall proceed promptly, unless otherwise
provided in the Change Order, Construction Change Directive or order for a minor
change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,
and if quantities originally contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit prices to quantities of Work
proposed will cause substantial inequity to the Owner or Contractor, the applicable unit
prices shall be equitably adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and
signed by the Owner, Project Management and Contractor stating their agreement upon
all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be
determined in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon,
and approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the
Contractor, provided a written order signed by the Owner or Project Management is
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received, shall promptly proceed with the Work involved. The cost of such Work shall
then be determined by daily force accounts in a form acceptable to the Owner and
Project Management. The daily force account forms shall identify Contractor and /or
Subcontractor personnel by name, total hours for each man, each piece of equipment
and total hours for equipment and all material(s) by type for each extra Work activity
claim. Each daily force account form shall be signed by the designated Project
Management representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to Project Management with all supporting documentation required by Project
Management for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, including
sales tax and cost of delivery; cost of labor, including social security, old age and
unemployment insurance, and fringe benefits required by agreement or custom; works'
or workmen's compensation insurance; and the rental value of equipment and
machinery. Markups for overhead and profit will be in accordance with subparagraph
7.2.4. Pending final determination of cost, payments on account shall be made as
determined by Project Management. The amount of credit to be allowed by the
Contractor for any deletion or change, which results in a net decrease in the Contract
Sum, will be the amount of the actual net cost to the Owner as confirmed by Project
Management. When both additions and credits covering related Work or substitutions
are involved in any one change, the allowance for overhead and profit shall be figured
on the basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material,
power tools, and equipment actually used, utilities, pro rata charges for foreman, and all
payroll charges such as Public Liability and Workmen's Compensation Insurance. No
percentage for overhead and profit shall be allowed on items of Social Security and
Sales Tax. If deductions are ordered the amount of credit shall be net cost to Owner as
defined in section 5.6.1 of the Contract. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper,
clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs,
warranties, and all general home/field office expenses. The actual cost of Changes in
the Work (other than those covered by unit prices set forth in the Contract Documents)
shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up
for overhead shall be five percent (5%) and the maximum percentage for profit shall be
five percent (5%);
.2 if the Subcontractor performs the actual Work, the subcontractor's percentage
mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the
Contractor does not perform the Work, the maximum mark-up for managing the Work
will be five percent (5%);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up
for overhead and profit shall be a maximum addition of ten percent (10%) on his direct
Work only. If the Contractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work
only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an
itemized breakdown of the quantities and prices used in computing the value of any
change that might be ordered. Any additional supporting documentation requested by
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Project Management such as certified quotations or invoices shall be provided by the
Contractor to Project Management at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project
Management, by drawings or otherwise, involve extra Work not covered by the Contract,
he shall give Project Management written notice thereof within five (5) days after the
receipt of such instructions and before proceeding to execute the work, except in
emergencies endangering life or property, in which case the Contractor shall proceed in
accordance with Paragraph 10.3.
.1. The written notice to Project Management for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by
labor, material and equipment for each additional activity required to be performed.
Mark-ups shall be limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the
Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and
maintain its progress during any dispute or claim proceeding, and Owner shall continue
to make payments to the Contractor in accordance with the Contract Documents.
Disputes unresolved shall be settled in accordance with subparagraph 4.7. The
Contractor shall maintain completed daily force account forms in accordance with
subparagraph 7.2.3 for any dispute or claim item.
7.4 Authority
7.4.1 Project Management will have authority to order minor changes in the Work not
involving adjustment in the Contract sum or extension of the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes shall be effected
by written order issued through Project Management and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including
authorized adjustments, allotted in the Contract Documents for Substantial Completion
of the Work.
8.1.2 The date of commencement of the Work is the date established in the
Agreement. The date shall not be postponed by the failure to act of the Contractor or of
persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Project Management
in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day
unless otherwise specifically defined.
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8.1.5 The Owner/Project Management shall be the final judge as to whether
Substantial Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.
By executing the Agreement the Contractor confirms that the Contract Time is a
reasonable period for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the
Owner in writing, prematurely commence operations on the site or elsewhere prior to the
effective date of insurance required by Article 11 to be furnished by the Contractor. The
date of commencement of the Work shall not be changed by the effective date of such
insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall
achieve Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/Engineer, or by any
employee of either, or by any separate contractor employed by the Owner, or by
changes ordered in the Work, or by fire, unusual delay in transportation, adverse
weather conditions not reasonably anticipatable, unavoidable casualties or any causes
beyond the Contractor's control, or by delay authorized by the Owner, Project
Management, or by any other cause which Project Management determines may justify
the delay, then the Contract Time shall be extended by no cost Change Order for such
reasonable time as Project Management may determine, in accordance with
subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Project Management
not more than Seventy-two (72) hours after the commencement of the delay in
accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension
of time shall state the cause of the delay and the number of days of extension
requested. If the cause of the delay is continuing, only one claim is necessary, but the
Contractor shall report the termination of the cause for the delay within seventy-two (72)
hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim
for extension of time based upon that cause shall be waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will
be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in
the Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin
the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or
failure to carry the Work forward expeditiously with adequate forces, the Contractor
causing the delay shall be liable for, but not limited to, delay claims from other
Contractors which are affected.
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ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized
adjustments, is the total amount payable by the Owner to the Contractor for performance
of the Work under the Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit
to Project Management, a schedule of values allocated to various portions of the Work,
prepared in such form and supported by such data to substantiate its accuracy as
Project Management may require. This schedule, unless objected to by Project
Management, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to Project Management an itemized Application for Payment for
Work completed in accordance with the schedule of values. Such application shall be
notarized and supported by such data substantiating the Contractor's right to payment
as the Owner or Project Management may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere
in the Contract Documents.
.1 Such applications may include request for payment on account of changes in
the Work which have been properly authorized by Construction Change Directives but
not yet included in Change Orders.
.2 Such applications may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor or material supplier because of a
dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made
on account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. If approved in advance by the Owner, payment
may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and equipment stored on or off
the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment
or otherwise protect the Owner's interest, and shall include applicable insurance, storage
and transportation to the site for such materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for Payment all Work for which
approval for payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free
and clear of liens, claims security interests or encumbrances in favor of the Contractor,
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Subcontractors, material suppliers, or other persons or entities making a claim by reason
of having provided labor, materials and equipment relating to the Work. All
Subcontractors and Sub -subcontractors shall execute an agreement stating that title will
so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part
of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such
persons must seek payment from the Contractor or his public construction bond surety
only.
9.4 Approval for Payment
9.4.1 Project Management will assemble a Project Application for Payment by
combining the Contractor's applications with similar applications for progress payments
from other Contractors and certify the amounts due on such applications.
9.4.2 After the Project Management's receipt of the Project Application for Payment,
Project Management will either approve the Application for Payment, with a copy to the
Contractor, for such amount as Project Management determine is properly due, or notify
the Contractor in writing of Project Management's reasons for withholding approval in
whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations
made by Project Management to the Owner, based on their individual observations at
the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of
Project Management's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to
an evaluation of the Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable prior to completion and to specific
qualifications expressed by Project Management. The issuance of a separate Approval
for Payment will further constitute a representation that the Contractor is entitled to
payment in the amount approved. However, the issuance of a separate Approval for
Payment will not be a representation that Project Management has (1) made exhaustive
or continuous on -site inspections to check the quality or quantity of the Work, (2)
reviewed the Contractor's construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from Subcontractors and
material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment or (4) made examination to ascertain how or for what
purpose the Contractor has used money previously paid on account of the Contract
Sum.
9.5 Decisions to Withhold Approval
9.5.1 Project Management may decline to approve an Application for Payment if, in his
opinion, the application is not adequately supported. If the Contractor and Project
Management cannot agree on a revised amount, Project Management shall process the
Application for the amount it deems appropriate. Project Management may also decline
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to approve any Application for Payment because of subsequently discovered evidence
or subsequent inspections. It may nullify, in whole or part, any approval previously made
to such extent as may be necessary in its opinion because of: (1) defective Work not
remedied; (2) third party claims filed or reasonable evidence indicating probable filing of
such claims; (3) failure of the Contractor to make payments properly to Subcontractors
or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be
completed for the unpaid balance of the Contract Sum; (5) damage to Project
Management, the Owner, or another contractor working at the project; (6) reasonable
evidence that the Work will not be completed within the contract time; (7) persistent
failure to carry out the Work in accordance with the Contract Documents.
No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, with all the requirements of Article 11, have
been filed with the Owner and Project Management.
9.5.2 When the above reasons for withholding approval are removed, approval will be
made for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Project Management has issued an Approval for Payment, the Owner shall
make payment in the manner and within the time provided in the Contract Documents,
and shall so notify Project Management. From the total of the amount determined to be
payable on a progress payment, a retainage in accordance with the Florida Local
Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and
retained by the Owner until the final payment is made. The balance of the amount
payable, less all previous payments, shall be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to
demand or receive progress payment based on quantities of Work in excess of those
provided in the proposal or covered by approved change orders, except when such
excess quantities have been determined by Project Management to be a part of the final
quantity for the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials
or Work in place, as to quality or quantity. All progress payments are subject to
correction at the time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment
from the Owner, out of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of
such Subcontractor's portion of the Work. The Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to
Sub -subcontractors in similar manner.
9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the
Contractor and action taken thereon by the Owner and Project Management on account
of portions of the Work done by such Subcontractor.
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9.6.4 Neither the Owner nor Project Management shall have an obligation to pay, or to
see to, the payment of money to a Subcontractor except as may otherwise be required
by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that
provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract
Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become
the sole property of the Owner, and by this provision shall not be construed as relieving
the Contractor from the sole responsibility for the materials and Work upon which
payments have been made or the restoration for any damaged material, or as a waiver
of the right of the Owner or Project Management to require the fulfillment of all the terms
of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other
justifiable reason for delay, the Contractor shall pay for all transportation and utility
services not later than the end of the calendar month following that in which services are
rendered and for all materials, tools, and other expendable equipment which are
delivered at the site of the Project. The Contractor shall pay to each of his
Subcontractors, not later than the end of the calendar month in which each payment is
made to the Contractor, the representative amount allowed the Contractor on account of
the Work performed by the Subcontractor. The Contractor shall, by an appropriate
agreement with each Subcontractor, also require each Subcontractor to make payments
to his suppliers and Sub -subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the
Owner agrees to accept separately, is substantially complete, the Contractor and Project
Management shall jointly prepare a comprehensive list of items to be completed or
corrected. The Contractor shall proceed promptly to complete and correct items on the
list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon
receipt of the list, Project Management will make an inspection to determine whether the
Work or designated portion thereof is substantially complete. If the inspection discloses
any item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by
Project Management. The Contractor shall then submit a request for another inspection
by Project Management, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, Project Management will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance,
and shall fix the time within which the Contractor shall finish all items on the list
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accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion. The
Certificate of Substantial Completion shall be submitted to the Owner and Contractor for
their written acceptance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall
make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to by the insurer as required
under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over
the Work. Such partial occupancy or use may commence whether or not the portion is
substantially complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Contractor considers a
portion substantially complete, the Contractor and Project Management shall jointly
prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to
partial occupancy or use shall not be unreasonably withheld. The stage of the progress
of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project
Management and Contractor shall jointly inspect the area to be occupied or portion of
the Work to be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions
of the Work shall not constitute acceptance of Work not complying with the requirements
of the Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Project
Management a written Notice that the Work is ready for final inspection and acceptance
and shall also forward to Project Management a final Contractor's Application for
Payment. Upon receipt, Project Management will promptly make such inspection.
When Project Management, finds the Work acceptable under the Contract Documents
and the Contract fully performed, Project Management will promptly issue a final
Approval for Payment stating that to the best of their knowledge, information and belief,
and on the basis of their observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire
balance found to be due the Contractor and noted in said final Approval is due and
payable. Project Management's final Approval for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as precedent to the
Contractor's being entitled to final payment have been fulfilled.
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9.10.2 Neither final payment nor any remaining retained percentage shall become due
until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for
materials and equipment, and other indebtedness connected with the Work for which the
Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing
that insurance required by the Contract Documents to remain in force after final payment
is made, is currently in effect and will not be canceled or allowed to expire until at least
30 days' prior written notice has been given to the Owner, (3) a written statement that
the Contractor knows of no substantial reason that the insurance will not be renewable
to cover the period required by the Contract Documents, (4) consent of surety, if any, to
final payment and (5), if required by the Owner, other data establishing payment or
satisfaction of obligations, such as receipts, releases and waivers of liens, claims,
security interests or encumbrances arising out of the Contract. The following documents
(samples included in section 1027 of the Project Manual) are required for Final Payment:
(1) Application and Certificate for Payment (2 originals)
(2) Continuation Sheet
(3) Change Orders
(4) Certificate of Substantial Completion
(5) Contractor's Affidavit of Debts and Claims
(6) Contractor's Affidavit of Release of Liens
(7) Final Release of Lien
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material
supplier shall constitute a waiver of claims by that payee except those previously made
in writing and identified by that payee as unsettled at the time of final Application for
Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or
Project Management that the subcontractors and materialmen have been paid is for the
protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the
Contractor's Public Construction Bond. The Contractor must insert this paragraph
9.11 in all its contracts with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract.
The Contractor shall submit the Contractor's safety program to Project Management for
review and coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed
to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered
harmless, the Contractor shall immediately stop Work in the area affected and report the
condition to the Owner and Project Management in writing. The Work in the affected
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area shall not thereafter be resumed except by written agreement of the Owner and
Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless. The Work in the affected area shall be resumed in the
absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered
harmless, by written agreement of the Owner and Contractor.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without
consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance encountered on the site by
the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to Project Management in writing.
The Owner, Contractor and Project Management shall then proceed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found to be present, to verify
that it has been rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor and Project Management
the names and qualifications of persons or entities who are to perform tests verifying the
presence or absence of such material or substance or who are to perform the task of
removal or safe containment of such material or substance. The Contractor and Project
Management will promptly reply to the Owner in writing stating whether or not any of
them has reasonable objection to the persons or entities proposed by the Owner. If the
Contractor or Project Management has an objection to a person or entity proposed by
the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who maybe affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or the
Contractor's Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction; and
4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
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posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise
utmost care and carry on such activities under supervision of property qualified
personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of
them, or by anyone for whose acts they may be liable and for which the Contractor is
responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss
attributable to acts or omissions of the Owner, Project Management or Architect or
anyone directly or indirectly employed by any of them, or by anyone for whose acts any
of them may be liable, and not attributable to the fault or negligence of the Contractor.
The foregoing obligations of the Contractor are in addition to the Contractor's obligations
under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the Owner or Project Management.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre -
staging of personnel and material), the Contractor shall obtain, at its own expense,
insurance as specified in the schedule set forth in Section 00110 Bid Form which are
made part of this Agreement. The Contractor will ensure that the insurance obtained will
extend protection to all subcontractors engaged by the Contractor. As an alternative the
Contractor may require all subcontractors to obtain insurance consistent with the
attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the
Agreement (including pre -staging of personnel and material) until satisfactory evidence
of the required insurance has been furnished to the County as specified below. Delays
in the commencement of Work resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance shall not extend deadlines specified in
this Agreement and any penalties and failure to perform assessments shall be imposed
as if the Work commenced on the specified date and time, except for the Contractor's
failure to provide satisfactory evidence of insurance.
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11.1.3 The Contractor shall maintain the required insurance throughout the entire term
of this contract and any extensions specified in any attached schedules. Failure to
comply with this provision may result in the immediate suspension of all Work until the
required insurance has been reinstated or replaced. Delays in the completion of Work
resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the Work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation,
nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed under this
contract or imposed by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Worker's
Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on
all policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested
in writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 The Owner shall require the contractor to furnish Builder's Risk insurance in an
amount equal to the contract cost.
11.3 Public Construction Bond
11.3.1 A Public Construction Bond in the amount of the cost of construction, is a
requirement of this Contract.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
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12.1.1 If a portion of the Work is covered contrary to Project Management's request or
to requirements specifically expressed in the Contract Documents, it must, if required in
writing by Project Management, be uncovered for their observation and be replaced at
the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Project Management has not
specifically requested to observe prior to its being covered, Project Management may
request to see such Work and it shall be uncovered by the Contractor, if such Work is in
accordance with the Contract Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner, if such Work is not in accordance
with the Contract Documents, the Contractor shall pay such costs unless the condition
was caused by the Owner or one of the other Contractors in which event the Owner shall
be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or
failing to conform to the requirements of the Contract Documents, whether observed
before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for Project Management's services
and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or
designated portion thereof, or after the date for commencement of warranties
established under Subparagraph 9.9, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found to be not in accordance
with the requirements of the Contract Documents, the Contractor shall correct it promptly
after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. This period of one year
shall be extended with respect to portions of Work first performed after Substantial
Completion by the period of time between Substantial Completion and the actual
performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive
acceptance of the Work under the Contract and termination of the Contract. The Owner
shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time,
the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not
proceed with correction of such nonconforming Work within a reasonable time fixed by
written notice from Project Management, the Owner may remove it and store the
salvable materials or equipment at the Contractor's expense. If the Contractor does not
pay costs of such removal and storage within ten days after written notice, the Owner
may upon ten additional days' written notice sell such materials and equipment at
auction or at private sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Contractor, including
compensation for Project Management's services and expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Contractor should have
borne, the Contract Sum shall be reduced by the deficiency. If payments then or
10/1/2012 General Conditions of the Contract for Construction 33
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
thereafter due the Contractor are not sufficient to cover such amount, the Contractor
shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged
construction, whether completed or partially completed, of the Owner or other
Contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period
of limitation with respect to other obligations which the Contractor might have under the
Contract Documents. Establishment of the time period of one year as described in
Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the
requirements of the Contract Documents, the Owner may do so instead of requiring its
removal and correction, in which case the Contract Sum will be reduced as appropriate
and equitable. Such adjustment shall be effected whether or not final payment has been
made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any
claims or disputes arising under this contract shall be in the Circuit Court of the 16th
Judicial Circuit of the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Project Management (as the case may be) and the Contractor
each binds himself, his partners, successors, assigns, and legal representatives of such
other party in respect to all covenants, agreements, and obligations contained in the
Contract Documents. Neither party to the Contract shall assign the Contract or sublet it
as a whole without the written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this
Contract without prior written consent of the Owner or Project Management.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be
sent by United States Mail, certified, return receipt requested, or by courier with proof of
delivery. Notice shall be sent to the following persons:
For Contractor: D.L. Porter Constructors, Inc.
6574 Palmer Park Circle
10/1/2012 General Conditions of the Contract for Construction 34
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
Sarasota, FL 34238
For Owner: Director of Project Management County Administrator
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West Florida
33040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and
remedies available thereunder shall be in addition to and not a limitation of duties,
obligations, rights and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Project Management, Architect or
Contractor shall constitute a waiver of a right or duty afforded them under the contract,
nor shall such action or failure to act constitute approval of or acquiescence in a breach
thereunder, except as may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the
Contractor shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity acceptable to the Owner, or with the appropriate
public authority, and shall bear all related costs of tests, inspections and approvals. The
Contractor shall give Project Management timely notice of when and where tests and
inspections are to be made so Project Management may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become
requirements until after bids are received or negotiations concluded.
13.5.2 If Project Management, Owner or public authorities having jurisdiction determine
that portions of the Work require additional testing, inspection or approval not included
under Subparagraph 13.5.1, Project Management will, upon written authorization from
the Owner, instruct the Contractor to make arrangements for such additional testing,,
inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to Project Management of when and where tests and inspections are
to be made so Project Management may observe such procedures. The Owner shall
bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs
13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements
established by the Contract Documents, the Contractor shall bear all costs made
necessary by such failure including those of repeated procedures and compensation for
Project Management's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly
delivered to Project Management.
10/1/2012 General Conditions of the Contract for Construction
35
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
13.5.5 If Project Management is to observe tests, inspections or approvals required by
the Contract Documents, Project Management will do so promptly and, where
practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be
made promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section
95.11 (3) (C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance
with the respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a
public authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract
Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by Project Management that sufficient cause exists
to justify such action, may without prejudice to any other rights or remedies of the Owner
and after giving the Contractor and the Contractor's surety, if any, 72 hours written
notice, terminate employment of the Contractor and may, subject to any prior rights of
the surety:
.1 take possession of the site and of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem
expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in
Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until
the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
10/1/2012 General Conditions of the Contract for Construction 36
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate,
suspend, delay or interrupt the Work in whole or in part for such period of time as the
Owner may determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
10/1/2012 General Conditions of the Contract for Construction 37
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
SECTION 00110
PROPOSAL
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description
Pages
1.
Proposal Form
4-5
2.
Bid Bond (Proposal Security)
6
3.
Non -Collusion Affidavit
7
4.
Lobbying and Conflict of Interest Clause
8
5.
Drug -Free Workplace Form
9
6.
Local Preference Form
10
7.
Subcontractor Listing Form
11
8.
Insurance Checklist
12 - 16
9.
Workers Compensation and Employers' Liability
17
10.
General Liability
18
11.
General Liability Explosion, Collapse, and Underground
19
12.
Vehicle Liability
20
13.
Builders' Risk
21
14.
Proposer's Insurance and Indemnification Statement
22
15.
Insurance Agent's Statements
23
16.
Contractor License
Current Copy to Be Submitted with Proposal
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
17.
In order to determine if the persons or entity submitting proposals are responsible,
all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five (5) percent or more of the stock
or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if a solely owned proprietorship, names(s) of owner(s).
A copy of
8/9/2012 PROPOSAL 00110-1
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
documentation demonstrating that the entity is a legally viable entity shall be
attached. See attached 2012 for Profit Corporation Annual Report.
B. A list of the officers and directors of the entity; See attached Corp. Annual Report.
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the proposal specifications (include a list of similar
projects); 34 yrs. See attached list of projects.
D. The number of years the person or entity has operated under its present name and
any prior names; D.L. Porter Constructors, Inc. (14 yrs)
D.L. Porter Construction, Inc. (35 yrs)
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details.) No
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its officers,
directors, or general partners (this specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years)? (If yes, provide
details.) No
c. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal,
entity, officer, director or general partner in the last five (5) years. (If yes,
provide details.) FKMCD v DLP (Mediation was 2/17/12, conclusion
Pending)
d. Has the person, principal of the entity, or its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the County or been
sued by the County in connection with a contract to provide services, goods
or construction services? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal,
entity, officer, director or general partner in the last five (5) years. (If yes,
provide details.) Yes, Gato Bldg. Final Order of Dismissal 4/15/09.
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the
request for bids; No
8/9/2012 PROPOSAL 00110-2
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
Customer references (minimum of three), including name, current address
and current telephone number; see attached
Credit References (minimum of three), including name, current address
and current telephone number; see attached
g. Financial statements for the prior three years. (Please provide in a separate
sealed envelope for the Contractor's confidentiality.) Enclosed separately
( "Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a road or
any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1
of the State Constitution.")
8/9/2012 PROPOSAL 00110-3
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
SECTION 00110
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSALFROM: D.L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
CONSTRUCTION OF NEW DRUG COURT OFFICES
AT THE FREEMAN JUSTICE CENTER
KEY WEST, FLORIDA
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Proposal in words shall control.
Dollars.
(Total Ba��se Proposal- words)
�(//d
(Total Base Noposal — numbers)
I acknowledge Alternates as follows:
I acknowledge receipt of Addenda No.(s)
8/27/2012 PROPOSAL 00110-4
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
No. 1 Dated 8/ 3 0/ 1 2
No. Dated
No. Dated
Proposer, states by his check mark in the blank beside the form and by his signature that he
has provided the following forms (located in Section 00110):
a. Proposal Form x ,
b. Proposal Security (Bid Bond) x ,
C. Non -Collusion Affidavit—x ,
d. Lobbying and Conflict of Interest Clause X ,
e. Drug -Free Workplace Form X,
f. Subcontractor Listing Formx,
g. Proposer's Insurance and Indemnification Statement x ,
h. Insurance Agents Statement (signed by agent) x , and
i. Local Preference Form and requirements (if applicable), x
In addition, Proposer states that he has included a certified copy of Contractor's License,
Monroe and County Occupational License. (Check mark items above, as a reminder that
they are included.)
Mailing Address: 6574 Palmer Park Circle
Sarasota, FL 34238
Phone Number: 941-929-9400
Date: 9/ 1 3/ 1 2 Signed:
Gary\A. Loer
(Name)
President
(Title)
Witness: Seal)
Paulette Jewell, Sec.
8/27/2012 PROPOSAL 00110-5
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
„ D.L. PORTER CONSTRUCTORS, INC.
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percent gift, gift, or consideration paid to the former
County officer or employee". / _
(Signature) y A
Date: 9 / 1 / 1 2
STATE OF: Florida
er
COUNTY OF: Sarasota
Subscribed and sworn to (or affirmed) before me on -September 13, 2012 (date)
by Gary A. Loer (name of affiant). He/ is personally known to me
or has produced xxxxxxx
identification)
My commission expires:
PAULME JEWELL
COMMISSION # EE210508
EXPIRES jULY 16 2016
BONDEDTHROUGH
RU INSURANCE COMPANY
as identification. (Type of
8/2712012 PROPOSAL 00110-8
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
D.L. Porter Constructors, Inc.
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that is firm complies fully with the
above requirements. 4 /)
9/13/12
r'slSignature
Date
8/27/2012 PROPOSAL 00110-9
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Proposer/Responder D.L. Porter Constructors, InSate: 9/13/12
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? Yes (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County? vP s,
List Address: 302 Southard St., Suite 209, Key West, FL 33040
Telephone Number: 3 0 5— 2 9 3— 2 9 31
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location? Yes
If yes, please provide:
1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
R 6 \A , Tel. Number 306" ILI a,-
Print Name: Gary A. Loer
SigriaTr $n'l Title ofWuthorized Signatory for
Proposer/Responder
STATE OF FLORIDA
COUNTY OF MONROE
On this 1 3 tJday of Sept- 2012 , before me, the undersigned notary public, personally appeared Gary
A _ Loer , known to me to be the person whose name is subscribed above RDc&buqxn:kxaikxxx
as identification, and acknowledged that he/she is the person who executed the above Local
Preference orm for the purposes therein contained.
Notary Public
Paulette Jewell
Print Name
PAULETTE JEWELL
My commission expires: COMMISSION # EE210508 S 1
PUBLIC EXPIRES DULY 16 2016
STATE OF BONDED THROUGH
F! OR►OA
RLl INSURANCE COMPANY
8/27/2012 PROPOSAL 00110-10
2011 /2012-
MO IN- ROE COUNTY BUSXNESS TAX RECEXPT
EXP%RES SEPTEMBEP, 3®, 2012
Business Name: D L PORTER CONSTRUCTORS INC
Owner Name: GARY A LOER QUALIFIER
Mailing Address: 302 SOUTHARD ST STE 209
KEY WEST, FL 33040
Rooms Seats
RECEIPT# 30140-60602
Business Location: MO CTY
KEY WETFL
Business Phone: 941-92959400 33040
Business Type: CONTRACTORS (GENERAL CONTRACTOR
CGC051066)
Employees Machines Stalls
20
Number of Machines: -Y
Vending TytCollectUffon
Tax Amount Transfer Fee Sub Total Penalt
Y Prior rs Cost Total Paid
50,00 0,00 50.00 0.00 0.00 0.00 50.00
Paid 000-10-00002671 09/13/2011 50000
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, cFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALFL PO Box 1129, Key West, L 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
Mi ONROE COUNTY BUSXNESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2012
Business Name: D L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602
Owner Name: GARYA LOERQUALIFIER Business Location: MO CTY
Mailing Address; 302 SOUTHARD ST STE 209 KEY WEST, FL 33040
Business Phone. 94.1-929-9400
KEY WEST, FL 33040 Business Type: CONTRACTORS (GENERAL CONTRACTOR
CGC051066)
Rooms Seats Employees Machines Stalls
20
CGCAS1066
For Vending Business Only
Number of Machines: Vending Type:
Tax Amount Transfer Fee Sub Total Penalty Prior Years Collection Cost Total Paid
50.00 0.00 50.00 0.00 0.00 0.00 50,00
Paid 000-10-00002671 09/13/2011 50.00
2010 f 2,0:.:,
EXPIRES SEPTEMBER 30, 2,013,
Business Name: D L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602
Owner Name: GARY A LOER QUALIFIER Business Location: MO CTY
Mailing Address: 302 SOUTHARD ST STE 209 KEY WEST, FL 33040
KEY WEST, FL 33040 Business Phone: 941-929-9400
Business Type: CONTRACTORS (GENERAL CONTRACTOR
CGC051066)
Rooms Seats Employees Machines StaIIs
20
CGCA51066
Numhr r of Marfiinac•
For Vending Business Only
+
Tax Amount
Transfer Fee
Sub Total
c.. iy +yP=.
Penalty Prior Years
Collection Cost
Total Paid
50.00
0.00
50,00
5.00 0.00
0,00
55,00
Paid 000-10-00000083 10/20/2010 55.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IM YOUR PLACE OF BUSXNr=SS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, TaX CoIIector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041, YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
SUBCONTRACTOR LISTING FORM
Div. Subcontractor Contact Person Ph# Fax # Cell # Address
.-: 3 &\ `Q Co-1 1 v
8/3/2012 PROPOSAL 00110-11
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
MONROE COUNT', FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
+36sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
X Workers' Compensation Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
WCl Employers Liability $100,0001$500,0001$100,000
WC2 X Employers Liability $500,000/$500,000/$500,000
WC3 Employers Liability$1,000,000/$1,000,000/$1,000,000
WCUSLH US Longshoremen & Same as Employers'
Harbor Workers Act Liability
WCJA Federal Jones Act Same as Employers'
Liability
8/27/2012 PROPOSAL 00110-12
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations Products and Completed Operations
• Blanket Contractual • Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL1
GL2
GL3 X
GL4
Required Endorsement:
$200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
$300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
GLXCU X Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
8/27/2012 PROPOSAL 00110-13
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non -owned; and Hired Vehicles
Required Limits:
VL1 $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VLI should be limited to special projects that involve
other governmental entities or "Not for Profit" organizations. Risk
Management must approve the use of this form).
VL2 X $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BRl X
Builders'
Limits equal to the
Risk
completed project.
WC
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment.
PRO1
Professional
$ 300,000 per Occurrence/$ 500,OOOAgg.
PRO2
Liability
$ 500,000 per Occurrence/$1,000,000 Agg.
PRO3
$1,000,000 per Occurrence/$2,000,000 Agg.
POL1
Pollution
$ 500,000 per Occurrence/$1,000,000 Agg.
POL2
Liability
$1,000,000 per Occurrence/$2,000,000 Agg.
POL3
$5,000,000 per Occurrence/$10,000,000 Agg.
EDI
Employee
$ 10,000
ED2
Dishonesty
$100,000
GKl
Garage
$ 300,000 ($ 25,000 per Veh)
GK2
Keepers
$ .500,000 ($100,000 per Veh)
GK3
$1,000,000 ($250,000 per Veh)
8/27/2012 PROPOSAL 00110-14
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
MED1 Medical $ 300,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000510,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLP 1
Hazardous
VLP2
Cargo
VLP3
Transporter
BLL
Bailee Liab.
will be in
the Bailee's posession.
HKL 1
Hangarkeepers
HKL2
Liability
HKL3
AIR1 Aircraft
AIR2 Liability
AIR3
AEOI Architects Errors
AEO2 & Omissions
AEO3
EO1 Engineers Errors
EO2 & Omissions
EO3
$ 300,000 (Requires MCS-90)
$ 500,000 (Requires MCS-90)
$1,000,000 (Requires MCS-90)
Maximum Value of County Property that
$ 300,000
$ 500,000
$ 1,000,000
$ 1,000,000
$ 5,000,000
$50,000,000
$ 300,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1,000,000 Agg.
$ 1,000,000 per Occurrence/$3,000,000 Agg.
$ 300,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1,000,000 Agg.
$ 1,000,000 per Occurrence/$3,000,000 Agg.
8/27/2012 PROPOSAL 00110-15
FREEMAN JUSTICE CENTER DRUG COURT OFFICES
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder namied below. The following deductibles
apply to the correspondiLng policy.
POLICY DEDUCTIBLES
General Liability
Auto Liability
Workers Comp
$0
$0
$0
Liability policies are X Occurrence _ Claims Made
Bouchard Insurance
Insurance Agency
JIS
BIDDERS STATEMMENT
I understand the insurance that will be mandatory
with all the requirements.
D.L. Porter Constructors, Inc.
Bidder
INSCICLST
Lid will comply in full
8/27/2012 PROPOSAL 00110-16
THIS DOCUMENT HAS A COLORED BACKGROUND MICROP'.
STATE OF FLOF
Act -,�--,63.3 16
eb::
i:*-`�-A' Ufsh jkib
DEPARTMENT OF
72-
�CO.N$,TAM--NDTION ,I US T RY
0-9.7.01./.20-12,-:1128063*908.;..".,ICGCA5106.6",-
JNEMARKT1.1 PATENTED PAPER
SfbbAL�"REGULATION
USIN(R.: POARD
SEQ#L12090101190
2012'FOR PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P98000042047 Mar 16, 2012 / 7 3 r
Secretary of State
Entity Name: D. L. PORTER CONSTRUCTORS, INC.
Current Principal Place of Business: New Principal Place of Business:
6574 PALMER PARK CIR
SARASOTA, FL 34238
Current Mailing Address:
6574 PALMER PARK CIR
SARASOTA, FL 34238
FEI Number: 65-0848440 FEI Number Applied For( )
Name and Address of Current Registered Agent:
WHITE, C. MARSHALL
6574 PALMER PARK CIRCLE
SARASOTA, FL 34238 US
New Mailing Address:
FEI Number Not Applicable( ) Certificate of Status Desired( )
Name and Address of New Registered Agent:
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
OFFICERS AND DIRECTORS:
Title:
VP
Name:
WHITE, C. MARSHALL
Address:
6574 PALMER PARK CIR
City -St -Zip:
SARASOTA, FL 34238
Title:
P
Name:
LOER, GARY A
Address:
6574 PALMER PARK CIR
City -St -Zip:
SARASOTA, FL 34238
Title:
S
Name:
JEWELL, PAULETTE
Address:
6574 PALMER PARK CIRCLE
City -St -Zip:
SARASOTA, FL 34238
Title:
T
Name:
WHITE, C. MARSHALL
Address: -
6574 PALMER PARK CIRCLE
City -St -Zip:
SARASOTA, FL 34238
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic
signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver
or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or
on an attachment with all other like empowered.
SIGNATURE: PAULETTE JEWELL
Electronic Signature of Signing Officer or Director
SEC.
03/1612012
Date
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CUSTOMER REFERENCES
Name Address Phone
Southernmost Beach Motels Ltd J121 W. Long Lake Rd. (3rd Flr) r8---321-5900
ATTN: Dale Rands / Craig Singer I Bloomfield Hills, MI 48304
El Rancho Motel 830 Truman Ave. J305-304-8140
ATTN: Tejas Soni Key West, FL 33040
Gonzalez Architects 32 E. Bay St. 912-201-9888
ATTN: Jose Gonzalez I Savannah, GA 31401
Bender & Associates 410 Angela St. 305-296-1347
ATTN: Bert Bender Key West, FL 33040
CREDIT REFERENCES
Name Address Phone
Power Air Conditioning, Inc. 1525 N. Osprey Ave. 941-362-8801
ATTN: Bob Castiglione Sarasota, FL 34236
Florida Keys Electric, Inc. 5730 2nd Ave. 305-296-4028
ATTN: Raymond Vazquez Key West, FL 33040
Gary's Plumbing, Inc. 6409 2nd Terrace #1 305-296-6013
ATTN: Gary Centonze Key West, FL 33040
Douglas H. Kresge LLC 5103 Brandeis Cir., N. 941-358-6251
ATTN: Doug Kresge Sarasota, FL 34243
D.L. Porter Constructors, Inc.