Item C17BOARD OF COUNTY COAUMSSIONERS
AGENDA ITEM SUbDL4RY
1Vleeting Date: ear 12Division: Public for •
Bulk Item: Yes X No .. D ent: Froject ement
- .
Staff Contact Person/Phone #:.J �� ,. BaraeRx� is
AGENDA ITEM FORDING: Approval of a First Amendment to Agreement with Pedro Falcon
Electrical. Contractor's, Inc. for the Americans with Disabilities (ADA) Compliance Segment #3.
BACKGROUND: During the nest for Pro sal Req pa process for ADA Compliance S #3,
an Addendum vras submitted to all prospective Proposers that spaD ed brand names; msmier
names and model numbers in an UL to standardize fixturcs, conserve water, and reduce o S
and maintenance costs. Ater the distri`but�on of the add it was learned that the Community
Development Bloch Grant (CDBG) Program funded by the State of Florida Department of Economic
Opportunity, prohibits the use of siu4e source or band name speccations. Thisirst Amendment to
the Contract for ADA Compliance Segment #3 revises the hainmiage in the add and contract
documents, to add the words "or an equivalent' to each brand name mamSacturer,and model umber.
PREYIOiI'S 'WANT BOCC ACTIOi.1T: On August 152 2012,7 the B3CC approved a Contract
with Pedro Falcon Electrical Contractors Inc. for the ADA Compliance Segment #3, Facilities Interior
Public Access Areas. On August 17, 2011, the BOCC approved Resolution #216-2011 authorizing the
Housing Authority to.. budget amendments for Disastear recovery CDBG awards, and preserve
awarded ry for ADA compliance activities.
CONTRACT/A GES: This First Amendment adds the words "or an equivalent"
to each brand name ,and model number that is in the contract documents.
STAFF RECO ATIONS: Approval as stated above.
TOTAL COST:_ NIA . INDIRECT COST: BUDGETED: Yes X No
DTIAL OF LOCAL PREFERENCE,* N/A .
COST TO COUNTY: NAA SOURCE OF S: ILIA
REUE PRODUCING; Yes . No OUNT PER MONTH Year
"PROWD BY: County Atty ___._, C11 IPurc Risk ement
DOCUAWMATION,0 Included X Not Required___
riISPOSYT`ION: AGENDA ITEM #
Revised, 7/09
MONROE COUNTY BOARD OF COUNTY Cf NMS S1ONERS
CONTRACT Y
Contract with: Pedro Falcon Electrical C
Contract #
Effective Bate:
08/15/12
Expiration Date:
Contract Furpo 'on:
First .Arneent to ment for the ADA g2Mh�ance Sgpent
#3 to add the words
"or gm NivalSW afhw WhboW Warn
m
el er in ft
_
documew&
Contract er: Ann Riser
X4439
'ect S #1
(Nam)
Qg;do)
(DepartmadStop
for BDCC m on 12/12/12
Am& Dead ne: 11f27/12
CONTRACT COSTS
Total Dollar Value of C : S 259 833.36 -Current Year Portion: $ 259 533.36
Budgeted? YesN No [:1 Amount Codes: 125-01021-532 1205.-330340
Grant: $ 259 833.36 - - - -
CountyMatch: $ N/A
ADDiT OVAL COSTS
Estimated t3ngoinS Costs.1yr For:
(Not in &M valm above uiilm, aim)
CONTRACT REv]Ew
ct Die out
Date In Needed R 'e-A 10we
Division Director /I- ZZ-�2- Yeses No[r]�� l � � �l -27 �
Risk Management 11-V--(3--,-yesOEEII Nod
O.M.B.Muig CC' , iv YesO NoE�
CountyAttorney 1/--;?6' :�-0JZ-Yeses Noff
Comments:
OMB Forma P&viwd W27101 MCP #2
FIRST AMENDNIENT To
AGREEMENT BETWEEN OVdNM AND CONTRACTOR
FOR ADA COMIPLL4NCE SEGMENT 03
MONROE COUNTY, FLORIDA
THIS FIRST AMENDMENT to the AGREEMENT BETWEEN OWNER AND CONTRACTOR
(hereinaker "AG is made and entered this ffh day of December 2012, between MONROE
COUNTY (the "Owned' or "COWWI and PEDRO FALCON ELECTRICAL CONTRACTORS, INC. (the
tor") in order to amend the Agreement between the parties dated August 15, 2012, as follows:
wEMMS, County is endeavoring, in multiple segments, to bring County facilities into canacpliance
with the Americans with Disabilities Act of 1990 (ADA) axed Amendments thereto; and
w RFAS, current fanding for these segments is through the State of Florida Department of
Economic Opportunity, Community Development Block Grant (CDBG) Program; and
11 4 S, Duringthe compefi#ive bidding process for Segment #3 brand names were spccif ed
including manufacturer names and model numbers of to be installed, ix an attempt to " e
conserve wader, and reduce operating and maintwmce casts; and
the CDBG disaster Recovery procurement regulation prohibits the use of sfiWe source
or brand name specifications; and
NOW THEREFORE, inconsideration of the mutual promises contained hereii6 the parties hereby
agree to amend the AGRFEUMqT as follows:
1. The spec ications in the - Contract documents that include Addendum No. 2 issued on June 26, 2012
shall add the words "or an equivalent" to each brand name, manufacturer, and model nuomber.
2. .All terms and conditions of the AG dated August 15, 2012 not inconsistent herewith, shall
remain in full. force and effect
IN w1ri SS OF, the parfies hereto have set their hands and Seals on the day first written
above. Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF TIDE PERSON EXECUTING THE DO MUST BE WHNESSED.
(SEAL)
Attest AMY MUVILIN, Cl EIRK
By.
Wiwiess
1)
'n
Prins Name of Witaess _
BOARD OF COUNTY COAEM9MONERS
OF MONROE COUNTY, FLORIDA
By:
CONTRACTOR
Pedro F o Inc
printName: Christian Srisson
Title: as President
Ad
dress: _ �0.4(c 8.3.ed �.O/�ec�.n Date: i 1 / 2 i / 12
. - ►'FAXM
M NROE COUNTY ATTORNEY
PPR VED AS TO M.
NATILLi W: A88EL
ASSI5TANfi 0
Dateaj���Ty� AtTORNeY
�L -
ADA COMPLIANCE SEGNMNT # 3
Agreement
Between Owner and- Contractor
THIS AGREEMENT made as of the Fifteenth day of August, the year of Two Thousand and
Twelve,
BETWEEN the Owner: Monroe County- Board of County Commissioners
(Name and address) . 500 Whitehead Street
Key West, Florida 33040
and the Contractor: Pedro Falcon Electrical contractors, Inc.
(Name and address) - 31160 Avenue C
Big Pine Key, FL 33043
For the following Project: ADA COMPLIANCE SEGMENT # 3
Monroe County, FL.
Facilities Interior Public Access Areas
The work consists of numerous and varied construction projects created to update certain
County facilities and to bring the facilities into compliance with the Americans with Disabilities
Act of 1990 (ADA) and Amendments thereto. The facilities are located in Monroe County, FL..
The contractor's work will include, but is not limited to, the items delineated in Section 01760 of
the Proposal documents, and In the requirements of the Community Development Block Grant
(CDBG). This Section describes in some detail the 13 Facilities, where the work will be required.
The Section provides preliminary sketches and photos of anticipated projects, for illustration
purposes only. county does not guarantee the accuracy of the designs and CONTRACTOR
will be required to provide engineered/architectural drawings and technical specifications. where
necessary to insure compliance with ADA requirements and to obtain required permits. if the
ADA requirements differ between State and Federal requirements, the "more stringent"
requirement shall be used in construction. Contractor shall provide for approval all drawings and
technical specifications to Monroe County Project Management prior to construction.
Project Management: The Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor — Room 2--216
Key West, Florida 33049
The owner and contractor agree as set forth below.
CONTRACT BETWEEN OWNER AND CONTRACTOR
ADA COMPLIANCE SEGMENT # 3
ARTICLE I
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Addenda issued. prior to
execution of this Agreement, Project Manual dated flay, 2012, requirements under the CDBo,
and the ADA, Section 01750 CDBG Supplemental May,
other documents listed in this
Agreement and Modifications issued after execution of this Agreement: these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated
herein. The Contract represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written or oral.
An enumeration of the Contract Documents, other than [Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents' to be the responsibility of others, or
as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date specified on the Notice to Proceed issued by the
Director of Project Management.
Due to the grant funding constraints, the Contractor shall achieve Substantial Completion of the
entire work not later than Eebruary 1 Ith : 20 Final Completion shall be on or before March
.�ITH 2013, Work shall begin upon issuance of a Notice to Proceed. The time or times
stipulated_ in the contract for completion of the work of the contract or of specified phases of the
contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages payable to owner 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
SECOND
31 ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00/Day
$100.001Day
$250-OO/Day
$50)000.00-991999.00
100.00/Day
200.001Day
750.00/Day
$100,000.00-499,999.00
200.001Day
500.001Day
2,000.001Day
$500,000.00 and Up
500.00/Day
1,000.00/Day
3,500.00/Day
The Contractor's recovery
of dams es and sole remedy for any
delay caused !nLthe
Owner shall be an extension of time on the Contract.
CONTRACT .BETWEEN OWNER AND CONTRACTOR
ADA COMPLLANCE SEGMENT # 3
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Lump Sum Amount of Two Hundred Fifty Nine Thousand Eight Hundred
Thirty Three Dollars and 361100 ($259,833.36), subject to additions and deductions as
provided in the Contract Documents. The Lump Sum amount includes an allowance of
$15, 000.00 to secure and pay for all permits, impact fees, and inspections as described in
Article 7 paragraph 7.6, and in the Proposal Documents Section 00100 Paragraph 5.4.3.
The Lump Sum amount includes all work associated with all 13 locations.
4.2 The Lump Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: NIA
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, 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.
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. 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 net cost to the owner as indicated in the approved Schedule of Values
for that line item as confirmed by the Director of Project Management. When both additions and
credits covering related Work or substitutions are involved in a change the allowance for
CONTRACT BETWEEN OWNER AND CONTRACTOR 3
ADA CDMFLLkNCE SEGNrENT # 3
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
5.5.4 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; (2) a final approval for payment has been issued by the
Director of Project Management; and (3) all required forms and releases are submitted to
Project Management including a Certificate of Substantial Completion, Contractor's Affidavit of
Debts and Claims,. Contractor's Affidavit of Release of Liens, consent or Surety to Final
Payment, and a Final Release of Lien. Such final payment shall be made by the Owner not
more than 20 days after the issuance of the final approval for payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment
Act.
7.3 Temporary facilities and services: N/A
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.
CONTRACT BETWEEN OWNER AND CONTRACTOR
ADA CONTLIANCE SEGUMNT # 3
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 bid 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 35 months from the date of being placed on the convicted
vendor list.
7.5 Contractor shall determine all permits, impact fees, inspections, testing and survey
(and fees required by same) required by Federal, State, Municipal -or Utility' bodies having .
jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees
and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and
inspections. Those fees for permits, impact fees and inspections that exceed a total of
$15,000.00 shall be the responsibility of the owner. All survey costs remain the responsibility of
the Contractor. The county will assess County Building Permit Fees and county Impact Fees.
The cost of all testing, and surveys for the project sitelbuilding shall be paid by the Contractor.
The Contractor is required to secure all such permits, impact fees inspections, testing -,-surveys.
and to_provide all installationpermitting,re uired for. the execution of the Contract.
7.7 The Contractor shall be responsible to secure and pay for all testing services of an
independent testing laboratory to perform specified inspections and testing as indicated in
Technical Specification Sections and as required by the contract or governing authorities.
Contractor shall include the cost of all inspection and testing fees in his proposal.
7.8 The following items are included in this contract:
a) Contractor shall maintain' all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied, and in accordance to the Department of community Affairs CDBG
Supplemental Conditions attached hereto as Section 01750. 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
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury.
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 terra, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
CONTRACT BETWEEN OWNER AND CONTRACTOR
ADA COWLIANCE SEGMENT # 3
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 parity 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 in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the Circuit Court of Monroe
County.
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.
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 lave. 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.
} Nondiscrimination. County and Contactor 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 ord6r. 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 lx 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 DSC s. 794), which prohibits discrimination on the
CONTRACT BETWEEN OWNER AND CONTRACTOR
r
ADA MA PLYANCE SEGMENT # 3
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 vlli 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) Section 01750 Department of
Community Affairs CDBG Supplemental Conditions; 11) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
k) Covenant of No Interest. County and
any interest, and shall not acquire any interest,
with its performance under this Agreement, an
receive benefits as recited in this Agreement.
Contractor covenant that neither presently has
which would conflict in any manner or degree
I that only interest of each is to perform and
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.
o) Non --Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Owner 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
CONTRACT BETWEEN OWNER AND CONTRACTOR 1 7
ADA COMPLIANCE SLG ENT # 3
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
11
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) 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.
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBEs, 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 lags 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 DBEs have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
CONTRACT BETWEEN OWNER AND CONTRACTOR - -- 8
.-I ADA COAPLLANCE S ECNENT # 3
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
x) 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 and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (1,11) costs or
expenses that may be asserted against, initiated with respect to, or sustained by the County and
the COUNTY's elected and appointed- officers and employees from liabilities damages, losses
and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
The monetary limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result, of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or suspension
8.1- The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions, or as outlined in the attached Section 01750 Department of Community Affairs
CDBG Supplemental 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: The Contract Documents consist of this Agreement,
Conditions of the Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Addenda issued prior to execution of this Agreement, Project Manual dated May.
requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental
Conditions, other documents listed in this Agreement and Modifications issued after execution
of this Agreement. These form the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and
CONTRACT BETWEEN OWNER AND CONTRACTOR
ADA CQWLLANCE Eli NMNT # 3
integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
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 May 2012, including the CDBG Supplemental Conditions and other
requirements under the CDBG.
9.1.4 The Specifications are those contained in the Project Manual dated May 2012 and as
listed in, Table of Contents, Section 00001 of the Project Manual for this project.
9. 1.5 The Preliminary Sketches and Photos issued by Project Management for the
construction of the ADA COMPLIANCE SEGMENT # 3
9. 1.6 The Addenda, if any, are as follows: N/A
Number
1
2
Date Pages
June 12, 2012 47
June 26, 2012 1
9. 1.7 The Altemates, if any, are as follows: NIA
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. 1.3 other documents, if any, forming part of the contract Documents are as follows:
Required county forms and insurance documentation, and all forms, deliverables
required by the CDBG Program and requirements under the ADA and Amendments
thereto.
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.
BALANCE of PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE To FOLLOW
CONTRACT BETWEEN OWNER AND CONTRACTOR 10
ADA CON2LIANCE SEGMENT # 3
ecution by the Contractor must be by a person with authority to bind the entity.
IRE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
I WITNESSED BY ANOTHER OFFICER OF THE ENTITY,
AOLHAGE, Clerk
�� c• ti �- 0.`� ���f� .• J � � • i . J� r
gy�
Deputy C[ rk
Date
(SEAL)
Attest: 000,
By.
Print Name: Ken Bygl er
Title: as Witness
Date: July 27, 2012
And:
By:
Print Name: Kri s t ie ` - f as z
Title: as Witness
Date: Juiy 27, 2012
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayo r/Cha'Irma i
CONTRACTOR
PED RO FALCON ELECTRICAL CO NTRACTO R�, I N C0000
By, .•�
Print name: Christian Briscion"
-
- 1
Title: as President
Date: July 27, 2012
MONROE COUNTY ATTORNEY
PPRO ED AST FO
NA- ILE NE flf= A `EL
ASSISTANT COUNTY ATTORNSY
10ate -
STATE OF FLORIDA
COUNTY OF MONROE
On this 2 7 day of Ju 1 20a 2 before m e ,the undersigned notary public,
Personally appeared _.,Q13ji 'an ,Brisson 1 k wri me to be the
P rson whose name is subscribed above or who produced NA
As identification, an ac aged that he/she is the person who executed the
above contract with Monroe County for the construction of ADA COMPLIANCE SEGMENT # 3
f4eu,.poses there* cont ' ed.
/zz /I
tic
Print Name
My commission expires: Seal
.ti1111111111011111011111
Notary Puifio State of Florida
Laura A Sturgeon
,a My Commission EE109001
o��`' Sxprasora9ro1 s
CONTRACT BETWEEN OVER AND CONTRACTOR t t
ADA COMPLIANCE SEON:_ .:-<T # 3
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1. - General Provisions 3.
2. Owner 9.
3. Contractor 10.
4. - Administration of the Contract 11.
5. Subcontractors 12.
5. Construction by Owner or By other 13.
Contractors
7. Changes in the Work 14.
Time
Payments and Completion
Protection of Persons and
Property
Insurance and Bonds
Uncovering and Correction of Work
Miscellaneous Provisions
Termination or suspension of the
Contract
GENERAL CONDITIONS 1
ADA COMPLIANCE S Eli NT # 3
ARTICLF I
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, Addenda issued prior to execution of this Agreement, Project Manual dated May
2Q1 , requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental
Conditions, other documents listed in this Agreement and Modifications issued after execution
of this Agreement. These form the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change order, (3). a Construction Change Directive
or (4) a written order for a minor change in the work issued by Project Management.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification entered into
with the same formality as this Agreement, The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the owner and a Subcontractor or (2)
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 Contractor,
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents which may include construction by other Contractors and by the
Owner's own forces including persons or entities under separate contracts,
1.1.5 The Drawings. 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. Section 01760 of the Proposal Document provides preliminary
sketches and photos of the anticipated projects, for illustration purposes only. County does not
guarantee the accuracy of the designs and CONTRACTOR will be required to provide
engineered/architectural drawings and technical specifications where necessary to insure
compliance with ADA requirements, requirements of CDBG, and to obtain required permits.
1.1.6 The Specifications: The Specifications for this project shall be the latest requirements
for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments
thereto, or applicable State law, whichever are the most stringent,
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
GENERAL CONDITIONS 2
ADA COMPLIANCE SEGl.. 4T # 3 -
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 sites), 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 Not used
1.3 ownership and Use of Section 01760 Drawings, and other Documents
1.3.1 Section 1760 provides preliminary sketches and photos of anticipated projects, for -
illustration purposes only. This Section, prepared by Project Management, are instruments of
Project Management through which the Work to be executed by the Contractor is described
preliminarily. The Contractor may retain one contract record set. Neither the contractor nor
any Subcontractor, Sub -subcontractor or materialmen or equipment supplier shall own or claim
a copyright in this Section or any part thereof and other documents prepared by Project
Management. 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.
Section 01760 and other documents prepared by Project Management 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
Section 01760 and other documents prepared by Project Management 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 sketches, photos and other
documents prepared by Project Management. 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 NIA
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.
GENERAL CONDITIONS -3
ADA_ COMPLIANCE SEGt►__._.1gT # 3
1. 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 has furnished at Section 01760 of the Proposal Documents preliminary
sketches and photos of anticipated projects, for illustration purposes only. County does not
guarantee the accuracy of the designs and CONTRACTOR will be required to provide
engineered/architectural drawings and technical specifications where necessary to insure
compliance with ADA requirements and to obtain required permits.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities.
2.2.4 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,
free of charge, such copies of Section 01760 and Project Manuals as are reasonably necessary
for execution of the Work, with the exception of those drawings, surveys or other documents
that the Contractor has determined are necessary to augment or replace the preliminary
illustrations, drawings and photos.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management.
2.2. 7 Not used.
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.
GENERAL CONDITIONS 4
j:
ADA COMPLIANCE SEGO NT # 3
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 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.
ARTi['I_-_F
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 errors, inconsistencies or omissions discovered. The
Contractor shall not be liable to the owner for damage resulting from errors, inconsistencies or
omissions in the Contract Documents unless the contractor recognized such error,
inconsistency or omission and knowingly failed to report it to Project Management. 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, 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 at once. CONTRACTOR will
be required to provide engineered/architectural drawings and technical specifications where
necessary to insure compliance with ADA requirements and to obtain required permits.
GENERAL CONDITIONS 5
ADA COMPLIANCE SEGN=.T # 3
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 their
administration of the Contract, or by test, inspections or approvals required or performed by
persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 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 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
GENERAL CONDITIONS 6
ADA COMPLIANCE SEGi. # 3 '
accommodate any discovered variations or deviations from the preliminary sketches and photos
provided by Section 01760 and State and Federal requirements so that the progress of the
Work is not adversely affected
3.5 li`iia rra my
3.5. 1 The Contractor warrants to the owner 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
3.5.1 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 Contractor shall determine all permits, impact fees, inspections, testing and survey
(and fees required by same) required by Federal, State, Municipal or Utility bodies having
jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees
and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and
inspections. The County does not waive any County Building Permit Fees, County Impact Fees
or other fees required by Federal, State Law and local ordinance. Those fees for permits,
impact fees and inspections that exceed a total of $15,000.00 shall be the responsibility of the
Owner. All survey costs remain the responsibility of the Contractor. The cost of all testing, and
surveys for the project site/building shall be paid by the Contractor. The Contractor is required
to secure all_ such permitsLimpact fees inspections, testis surve s and to rovide all
installatio.n,_.permitting, re uired for the execution of the Contract.
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 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 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, the
Contractor shall assume full responsibility for such Work and shall bear the attributable costs.
3.9 Superintendent
GENERAL CONDITIONS 7
ADA COMPLTANCYF SFC� j . 4T * 1
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 information and 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 conduct a weekly scheduling meeting which the Contractor
shall attend. At this meeting, the parties can discuss jointly such matters as progress,
scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the owner one record copy of the
preliminary sketches, and photos, and any subsequent drawings, the 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 shall be delivered to Project Management for submittal to the Owner upon
completion of the Work.
3.12 shop Drawings, Product Data and Samples submitted by Contractor
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.
GENERAL CONDITIONS 8
ADA COMPLIANCE SEO�_ 1T # 3
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.
3.12.5 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's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the contractor has specifically informed Project
Management in writing of such deviation at the time of submittal and Project Management have
given written approval to the specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar
submittals by Project 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 on previous submittals.
3.12.1 o Informational submittals upon which Project Management and is not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the contract Documents, Project Management 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.
GENERAL CONDITIONS 9
•}3
ADA COMPLIANCE SEGR-.- __4T # 3
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 cutout, or opening required -for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block -out, cutout opening, or other hole in any fire --related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 cleaning Up
3.15.1 The contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. clean up shall be
performed to the satisfaction of the owner 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 Mork
3.16.1 The contractor shall provide the Owner/Project Management 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 and Project Management
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
GENERAL CONDITIONS 10
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responsible for such loss unless such information is promptly furnished to the Project
Management.
3.18 Indemnification and Hold Harmless
3. 1 8. 1 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 and against (i)
claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (Iii) costs or expenses that may be asserted against,
initiated with respect to, or sustained by the county and the COUNTY's elected and appointed
officers and employees from liabilities damages, losses and costs, including but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying
party in the performance of the construction contract. The monetary limitation of liability under
this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the county from any and all increased expenses resulting from such
delay.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
FTRAKIANAV
ADMINISTRATION of THE CONTACT
4.1 Project Management
4.1.1 The term "Project Management" means Monroe County Project Management
Department or Project Management's authorized representative.
4.2 Administration of the Contract
4.2.1 Project Management 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 will advise and consult
with the owner and will have authority to act on behalf of the owner to the extent provided in
GENERAL CONDITIONS
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the contract Documents, unless otherwise modified by written instrument in accordance with
other provision of the Contract.
4.2.2 Project Management 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.
4.2.3 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 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.
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 Project Management be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents. Project
Management will not 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. communications by
and with subcontractors and material suppliers shall be through the contractor.
Communications by and with other contractors hired directly by owner or with the owner's own
forces shall be through Project Management.
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 and Project Certificate for Payment. After reviewing and certifying the
amounts due the Contractors, the Project Application and Project Request for Payment, along
with the applicable Contractors' Applications and Request 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. 1 o 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
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Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. 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. However, Project Management's authority to
act under this Subparagraph 4.6.10 or a decision made by Project Management in good faith
either to exercise or not to exercise such authority shall not give rise to a duty or responsibility of
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 transmit to the owner those recommended for approval. Project
Management's actions will be taken with such reasonable promptness as to cause no delay in
the work of the contractor or in the activities of other contractors or the owner.
4.6.12 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's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors or the owner, while
allowing sufficient time in Project Management's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as contractor as required by the Contract Documents. Project
Managemnent's 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 in
compliance with County ordinance and policy, 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. The Contractor will forward to Project Management a final Project
Application for Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the owner and Project Management agree, Project Management will provide one or
more project representatives to assist in carrying out Project Management's responsibilities at
the site. The duties, responsibilities and limitations of authority of such project representatives
shall be as set forth in an exhibit to be incorporated in the contract Documents.
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4.6. 1 8 Project Management will interpret and decide matters concerning performance under
and requirements of the Contract Documents upon 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 Not Used
4.6.26 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 beet 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, 1 6th 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 givinrg 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:
.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 fbr in the contract
Documents, then notice by the observing party shall be given to the other party promptly before
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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) Not
Applicable (3) a written order fora minor change in the Work issued by Project Management, (4)
failure of payment by the owner, (5) termination of the Contract by the owner, (6) owner's
suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the
procedure established herein.
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
SUBCONTRACTORS
5A 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
GENERAL CONDITIONS 15
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ADA COMPLIANCE SEGN. ,;--4T # 3
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 S u bcontractua ll 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, a-nd to assume toward the Contractor all the obligations and
responsibilities which the contractor, by these Documents, assumes toward the owner and
Project Management. Each subcontract agreement shall preserve and protect the rights of the
Owner and 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 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 all or a portion of the Work, may be assigned by the
Contractor to the owner provided that:
.1 assignment is effective only after termination of all or a part of the contract by the
Owner with the Contractor for cause pursuant to Paragraph 14.1 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 then 30 days, the
Subcontractor's compensation shall be equitably adjusted.
GENERAL CONDITIONS 16
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ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 owner's Right to Perform Construction with Own Forces and to reward other
Contracts
6. 1 .'1 . The owner reserves the right to perform construction or operations, released to the
Owner by the contractor, with the owner's own forces, which include persons or entities under
separate contracts with the owner. 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. If owner elects to make such
purchases directly, the cost of work shall be deducted from the contract amount. The amount of
the deduction shall be determined by the cost of work as set forth in 7.2.4 and deducted by
change order reflecting the amount deducted from the contract price.
6. 1.2 when the owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts, 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 on the part of the contractor.
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.
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
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the contractor so to report shall constitute an
acknowledgment that the owner's own forces or other contractors' completed or partially
completed or partial completed construction is fit and proper to receive the Contractor's Work,
except as to defects not then reasonably discoverable.
6.2.3 costs caused by dela s or by improperly timed activities or defective construction shall
be bome..by the contractor. The contractor's sole remedy as a ainst the owner for costs
caused by delays.. o r.imp rope rl- timed activities or defective construction shall be an extension
of ti mP
6.2.4 The contractor shalt 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.
6.2.6 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.
GENERAL CONDITIONS 17
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ADA COMPLIANCE SEG.- ANT # 3
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 its 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.
A 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.
ARTICLE 7
CHANGES 1N 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 between Project Management and
Contractor; a Construction Change Directive requires agreement by 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
CENE.RAL CONDITIONS 18
ADA COMPLIANCE SEGO. _; NT # 3
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 shall not be issued if the work requested under the change order was
anticipated based on the proposal documents. A change order is not to be used as a method to
increase the cost of the contract and a requested change _order may be refused by Project
Management, if in its opinion the work was anticipated in the proposal documents. A change
Order is a written instrument prepared by Project Management and signed by the owner and/or
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 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's representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to 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.
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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 steal -I be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost 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 percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform
the Work, the maximum mark-up for managing the Work will be five percent (5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct work only.
7.2.5 The Contractor shall furnish to the owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the contractor to Project Management at no
additional cost to the owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and owner shall continue to make
payments to the contractor in accordance with the contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance With subparagraph 7.2.3 for any dispute or claim item.
7.4 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
GENERAL CONDITIONS 20
ADA COMPLIANCE SEG_ ..NT # 3
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
i 9I&1-4
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.
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; acknowledging that time is of the essence due
to the grant funding restrictions.
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 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
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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.
,ARTICLE 9
PAYMENTS AND COMPLETION
9.1 contract sum
9.1.1 The contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of values
9.2. 1 Before the first Application for Payment, the contractor shall submit to 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.
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A.DA COMPLIANCE SEA,,_ NT # 3
.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, 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 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
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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 its 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 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 removedapproval 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 arnount 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
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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.
9.6.4 Neither the owner or 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.
9.6.6 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.
9.7 Not Used
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
GENERAL CONDITIONS 25
ADA C ONTLIANCE SEG.. _ _ANT # 3
Certificate of Substantial Completion, shall establish responsibilities of the owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the certificate of Substantial completion. The Certificate of Substantial completion shall be
submitted to the owner and contractor for their written acceptance of responsibilities assigned
to them in such certificate.
9.3.3 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
1 '1.3.'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 1f 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 and submit a list to Project Management as provided under Subparagraph 9.5.2.
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
GENERAL CONDITIONS 26
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representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's
being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to 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. .
9.10.3 Not Used.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
E
9.11 Payment of subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the owner and
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.
ARTIr.LF In
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 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, or in accordance with final determination by Project Management.
GENERAL CONDITIONS 27
.ADA. COMPLIANCE SEGM,_�.NT # 3
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.
10A .5 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 may be affected thereby;
.2 the `Nark 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.
1 0.2.2 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.
`i 0.2.3 The contractor shall erect and maintain, as required by existing conditions and
performance of the contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the contractor shall exercise utmost
care and carryon 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, 10.2.1.31 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
GENERAL CONDITIONS 28
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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, or anyone directly or indirectly employed by the owner, or by anyone for whose
acts the owner 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 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 I I
11 �1 '` , ,W11 Z 1 �711
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in section 00110 Proposal 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.
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
GENERAL CONDITIONS 29
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ADA COMPLIANCE SEGL;.�NT # 3
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 lave.
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.
11.1.1 o 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 Builder's Risk insurance is to be provided by'the Contractor.
11.3 Public Construction Bond
11.3.1 The owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the owner as a guarantee for the faithful performance of the Contract (including
guarantee and maintenance provisions) and the payment of all obligations arising thereunder.
The Public Construction Bond shall be in an amount at least equal to the contract price. This
contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated
herein.
ART1r.LF 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
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
GENERAL. CONDITIONS 80
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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 Mork, 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 Cbntractor,
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 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.
12.2.5 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
GENERAL CONDITIONS 31
ADA COMPLIANCE SEG... _.ANT # 3
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 V1lork 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.
F.1;419t la=m9
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 became 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: Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Kerr, FL 33043
For owner: Director of Project Management
1100 Simonton St., Room 2--216
,Key West -,.Florida 33040
13.4 Rights and Remedies
County Administrator
1100 Simonton St.
Key West Florida 33040
GENERAL CONDITIONS 32
ADA. COMPLIANCE SEG_ .. ANT # 3
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, 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 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.
1 3.5.4 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.
1 3.5.5 if Project Management is to observe tests, inspections, or approvals required by the
Contract Documents, CONTRACTOR will promptly notify Project Management of the date,
place and time of tests, inspections, or approvals, so that Project Management may observe.
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
GENERAL CONDITIONS 33
ADA COMPLIANCE 5EGI., NT # 3
14.1 Termination by the Owner for Cause
1 4. 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, with particular emphasis on the requirements for compliance with
the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments thereto, or applicable
State law, whichever are the most stringent;
.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
1 4.2. 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.
1 4.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
GENERAL CONDITIONS 34
PEDRO-2 OP ID: I
CERTIFICATE OF LIABILITY INSURANCE 1 DATE ,""""" °",
11/01H2
THIS CERTIFICATE IS ISSUED- AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERT'IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IIViYUKTAN 1: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to'the
certificate holder in lieu of such endorsement(s).
PRODUCER 305-262-0086 NAMEcT WILLIAM BODENHAMER
SUTLER, BUCKLEY, DEETS INC. PHONE
6'161 BLUE LAGOON DR., STE 420 Afc No Ext : 7862161764
MIAMI, FL 33'I26 E-MAIL William S. Bodenhamer ADDRESS: ggODENHAMER B BDINS.COM
INSURED rtuRO FALCON ELECTRICAL
CONTRACTORS, INC.
31160 AVE C
BIG PINE KEY, FL 33043-4516
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO -THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR TYPE OF INSURANCE DDL UBR POLICY EFF POLICY EXP
POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ '1,000,C1[
A x COMMERCIAL GENERAL LIABILITY x GL 0008235 4 03113112 03113M 3 DAMAGE� oa,Qc
PREMISES Ea occurrence $
CLAIMS -MADE �O'CCUR M ED EXP {Any One person} $ 5 0 C
IAIc. Not: 305 2620086
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY �F L._.
.,.. LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED i
SCHEDULED
AUTOS
AUTOS
NON -OWNED
HIRED AUTOS
AUTOS
UMBRELLA LIAB OCCUR
A EXCESS LIAB CLAIMS -MADE
❑ED RETENTION $ 10)000.
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
A ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ® NIA
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
A INSTALLATION FLTR
EQUIPMENT JOBSITE
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: FCCI Commercial Insurance Co
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F
Monroe ou*
F r 0.5
EIVED BY.
MB0005173 6
001-WC•11A-655'12
CM0004409-4
BLANKET *SEE NOTE
03113112 1 03/13/13
1 1102/ 12 1 11102/13
03113112 1 03/ 131'13
PERSONAL & ADV INJURY
$ 1100020C
GENERAL AGGREGATE
$ 2200010C
PRODUCTS - COMPIOP AGG
$ 2100010C
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$ '
BODILY INJURY {Per accident}
$
PROPERTY DAMAGE
Per accident
$
$
EACH OCCURRENCE
$ 41000100
AGGREGATE
$ 41000,00
$
VIC STATU- OTH-
RY LIMITS I ER
E.L. EACH ACCIDENT
$ 500,00
E.L. DISEASE - EA EMPLOYEE
$ 500,00
E.L. DISEASE - POLICY LIMIT
RENTAL
LEASED
$ 500,00
*SEE NOTE
*SEE NOTE
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES Attach ACORD 101 Additional Remarks Schedule, if more ace Is required;
*30 DAYS NOTICE OF CANCELLATION EXCEPT NON PAYMENT OF PREMIUM 10 DAYS,
Project: ADA Compliance Segment #3, Monroe Co., FL, Facilities Interior a
Public Access Areas. Additional Insured Monroe County Board of County AP O B A�NT
Commissioners with regard to General Liability policy. BY
DA •.
CERTIFICATE HOLDER
Monroe County Board of
County Commissioners
Room 2-216
1100 Simonton Street, Rm 2-216
Key West, FL 33040
WAIVER/�
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010105)
U 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
►EO� ---_ � - :: - - -=:� : DATE (MMranrrM
CERT11..,.__.i.ATELIABILITY 11/06/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TIC
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICII
BELOW. THIS CERTIFICATE of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to tI
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tl
certificate holder in lieu of such endorsement(s).
PRODUCER Ellie Mills inusrance- Agency, Inc. NAME: Janice Rowton
PHONE FAX
20330 Old Cutler Road Arc Nq Ext : 305-238-8688 Arc Na : 305-2388-1505
E-MAIL
Cutler Bay, FL 33189 ADDRESS: 'anise-rowton.i b statefarm.corn
INSURER(S) AFFORDING COVERAGE NAIC #
exsAN� INSURER A : Slate Farm Mutual Automobile insurance Corry an 25176
INSURED Pedro Falcon Electrical Contractors, Inc. INSURER B :
31160 Avenue C INSURER C :
Big Fine Key, FL 33043 INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMRFR- hlllllARFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO
INDICATED. NOTWITHSTANDING HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE ADOL sUBR POLICPOLICY NUMBER MM DDY EFF XXQ MMILDa=Y
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR B "tKNA EMEW
APPRA-NWIA
DAMAGE TO RENTED
PREMISES Ea occurrence
$
MED EXP (Any one person)
$
& ADV INJURY
$
D
WA VPERSONAL
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
GENT AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECTE2 LOC
$
AUTOMOBILE LIABILITY
A Y DST 7437 D25 59 2 0412612013
COMBINED SINGLE LIMIT
Ea accident
{�
$ 'I,VDU,CC
BODILY INJURY (Per person)
$
ANY AUTO � v
ALL AWNED SCHEDULED ,-
AUTOS AUTOS
NON`OWNED � ��
HIRED AUTOS AUTOS Q "�3�
BODILY INJURY Per accident 1
$
PROPERTY DAMAGE
Per accident
$
$
UMBRELLA LIAB OCCUR ❑ ❑ -�"
EACH OCCURRENCE
$
EXCESS LIAR CLAIMS -MADE
AGGREGATE
$
$
DEDT RETENTION $
WORKERS COMPENSATION ��
AND EMPLOYERS' LIABILITY Y r N
ANY PRO PRIETOR/PARTNERIEXECUTIVE
OFFICE/MEMBER EXCLUDED? N I A
WC STATU- I 10TH-
TORY LIMITS I IER
E.L. EACH ACCIDENT
$
E.L. DISEASE "- EA EMPLOYE
$
(Mandatory In NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT i
$
UtZiL;K1F I IUN UN UP[=KAt1ONS I LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
'Project Name: ADA Segment #3
Monroe County Board of County Commissioners as additional insurers
The listed insurance policy (s) may not be cancelled on less than 30 days written notice by the insurer to Monroe County Board of County Commissioners
CERTIFICATE HOLDER --- CANCELLATION
Monroe County Board of County Commissioners
Monroe Cty Administration Dept., Project Mgmt Dept
1100 Simonton Street, Room 2-216
Key West, FL 330+40
ACORD 25 (2010106)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It
ACCORDANCE WITH THE POLICY PROVISIONS.
-f -�\1_J
1988-2810 ACORD CORPNiATIJON. All rights reserve,
The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2C
AUTHORIZED REPRESENTATIVE
}
,.',
A4COOR"CER;_- l-�� �.� . , . � DATE {MM1DOlYY
�Ik�AT F LEL1Tl�� PRANCE t
11102I201
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLL
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI,
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to
certificate holder in lieu of such endorsement(s).
PRODUCER ACT
Ellie Mills Inusrance Agency, Inc. NAME: Janice Rowton
20330 Old Cutler Road A/C NN a Ext 305-238-8688 IA' Na : 3�5-2388-698
E-MAIL
uari .aH
Cutler Bay, FL 33189 ADDRESS: janice.rowton.icqb@statefarm.com
INSURERS AFFORDING COVERAGE NAIC
I Ili ViAHCIo
INSURER A: State Farm Mutual Automobile Insurance Company 251Z
INSURED Pedro Falcon Electrical Contractors, Inc. INSURER B :
31160 Avenue C INSURER C
Big Pine Key, FL 33043 INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER- PP111-IRWI i M1IMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH T
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAWftREDUCED BY PAID CLAIMS.
HEREIN IS SUBJECT TO ALL THE TERI
INSR
LTR
ADDL
TYPE OF INSURANCE _INSR
SUBR
_MD
'" POLICY EFF POLICY EXP
POLICY l� O`' MMIDDIYYYY MMIDDIYYYY
LIMITS
GENERAL LIABILITY ❑ (�
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
ti'
'
EACH OCCURRENCE
DAMAGE TO R ED
PREMISES Ea occurrence
MED EXP (Any one person)
$
$
$
$
E
PERSONAL & ADV INJURY
$
�
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
POLICY JECT LO C�
°,
PRODUCTS - COMP/OP AGG
$
A AUTOMOBILE LIABILITY
u
113 7'I 13 E10 gg 11/ 10120'12 051'10/20'13
EOa accidenntNED SINGLE LIMIT
$ �i3ODO,I
$
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AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
65 '[ 826 E8l 59 '['IlOT12�'12 0��o7��a��
645 9389 D09 59 10/09120'12 04109l20'13
022 3871 F03 59 06103/20/2 12/03/2012
BODILY INJURY (Per person)
BODILY INJURY Per accident}
PROPERTY DAMAGE
per accident
$
$
$
UMBRELLA LIAB OCCUR Q ❑
[ I
EACH OCCURRENCE
$
$
EXCESS LIAB CLAIMS -MADE
AGGREGATE
$
❑E❑ RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N
OFFICE/MEMBER EXCLUDES]? L-1 N1A �
In NH)ac
AP ���'
-
-_ ____ -
SAT 4
���� � A(Mandatory
WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
E.L. DISEASE -- EA EMPLOYE
$
$
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
❑ESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Project Name: ADA Segment # 3
Monroe County Board of County Commissioners as additional insurers
The listed insurance policy (s) may not be cancelled on less than 30 days written notice by the insurer to Monroe County Board of County Commissioners
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County Commissioners
Monroe Cty Administration Dept, Project Mgmt Dept
1100 Simonton Street, Room 2-216
Key West, FL. 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
kif
ACORD 25 (2010/05)
1988-2010 AdeiRb dORPORATION. All rights resery
The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01 e
DATE (MMIDDIYYY
CERTI,..- J;ATE OF LIABILITY IRANCE
11/02/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TI
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLICI
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZ
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to i
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to i
certificate holder in lieu of such endorsement(s).
PRODUCER ACT
Ellie Mills inusrance Agency, Inc. NAME: Janice Rowton
PHONE 20330 Old Cutler Road AIC No Ext : 306-238-8688 AIc No): 305-2388-608
E-MAIL
StATi IiIM
Cutler Bay, FL 33189 ADDRESS: 'anice.rowton.iC b statefarm.com
INSURER 5 AFFORDING COVERAGE NAIL #
Nsulxcr
a
INSURER A : State Farm Mutual Automobile Insurance Company 23778
INSURED Pedro Falcon Electrical Contractors, Inc. INSURER B :
31160 Avenue C INSURER C :
Big Pine ley, FL 33043 INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE N11MRFR-_ Ri=X!€_q1r1N.1 KII IMR1^R-
THIS IS TO. CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIL
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH TH
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I�TR TYPE ❑F INSURANCE ADDL SUBR
Pa,I w4gBW* MMIDI]�Y MM/DDfYEYYY
LIMITS
GENERAL LIABILITY �] ❑ ,ra l l l "I
�j
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE1:1 OCCUR 5
NAoy
DAMAGE TO ENTE❑PREMISES Ea occurrenceoccurrenceL.
ME❑ EXP (Any one person)
$
$
• E
PERSONAL & ADV INJURY
GENERAL AGGREGATE
$
$
GEN'L AGGREGATE LIMIT APPLIES PER: ECE M) By: `
PRODUCTS - COMP/OP AGG
$
POLICY PRO-
JECT LOC
$
❑ D�9 47 �0 09109/20'12 03/09/20'13
A AUTOMOBILE LIABILITY FYI
Ea accident) SINGLE LIMIT
$ 1,000,0(
$
ANY AUTO 030 5488 B29 59 08/2912012 02128/2013
ALL OWNED x SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per person)
BODILY INJURY (Per accident]
$
NON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
Per accident
$
$
UMBRELLA LIAB OCCUR ❑ ❑
EACH OCCURRENCE
$
$
EXCESS LIAB CLAIMS -MADE
AGGREGATE
$
DED I I RETENTION $ /gyp V
WORKERS COMPENSATION BY
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y 1 N Dot
ANY PROPRIETORIPARTNERIEXECUTIVE WA 1 YM
OFFICEIMEMBER EXCLUDED? NIA ❑
TORY LIMITS ER
E.L. EACH ACCIDENT
$
$
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION ❑F OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Project Name: ADA Segment # 3
Monroe County Board of County Commissioners as additional insurers
The listed insurance policy (s) may not be cancelled on less than 30 days written notice by the insurer to Monroe County Board of County Commissioners
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County Commissioners
Monroe Cty Administratio'n Dept., Project Mgmt Dept
1100 Simonton Street, Room 2-210
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
s
o 1988-2010 ACORD CORPORATION. All rights reserve
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 43-01-2(
PEDROw2 OP ID: NR
DATE (MMIDDIYYYY)
x CERTIFICATE OF LIABILITY INSURANCE 0 =311 2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 305-262-0086 CONTACT WILLIAM BODENHAMER
BUTLER, BUCKLEY, DEETS INC. NAME:
6'16'1 BLUE LAGOON ❑R., STE 420 ALC N Ext : 788 216 17fi4ONE 1FAXcNo);_ 305 2620085
MIAMI, FL 33126 E-MAIL
William S. Bodenhamer ADDRESS: BBODENHAMEROBBDINS.Com
INSURER 5 AFFORDING COVERAGE NAIC #
INSURER A: FCCI Commercial Insurance Co
INSURED PEDR.O FALCON ELECTRICAL INSURER B :
CONTRACTORS, INC. INSURER C :
31160 AVE C
BIG PINE KEY, FL 33043-4516 INSURER D
INSURER E :
INSURER F :
COVERAGES f.FRT1FIr.ATF NIIMRFR- RFVISICNII NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE DDL UBR
POLICY NUMBER
POLICY EFF
M DD
POLICY EXP
DD
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 110009000
A X COMMERCIAL GENERAL LIABILITY x
GL 0008235 4
03113112
03113113
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 100 000
CLAIMS -MADE OCCUR
MED EXP (Any one person)
$ 557000
AP (, E
PERSONAL & ADV INJURY
$ 11000,000
BY
DA
GENERAL AGGREGATE
$ 2,0003000
PRODUCTS - COMP/OP AGG
$ 2,0003000
GEN'L AGGREGATE LIMIT APPLIES PER:
w NIA YES.
POLICY PRO- LOG
JECI
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
130DILY INJURY (Per person)
$
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Per accident
$
$
x
UMBRELLA LIAB OCCUR
EACH OCCURRENCE
$ 4,000,000
A
EXCESS LIAB CLAIMS -MADE
UMB0005173 6
03113112
03/13/13
AGGREGATE
$ 43000000
DED x I RETENTION$ 10,000
$
WORKERS COMPENSATION
x WC STATU- JOTH-
ITORY LIMITS ER
AND EMPLOYERS' LIABILITY N
YIN
E.L. EACH ACCIDENT
$ 5003000
A ANY PRO PRIETORIPARTNERJEXECUTIVE
001-WC 11A-65512
11102/11
/1102112
OFF[C ERIM EMBER EXCLUDED? ® N ! A
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$ 500,000
If yes, describe. under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 500,000
A INSTALLATION FLTR
CM0004409-4
03113112
03113113
RENTAL *SEE NOTES
EQUIPMENT JOBSITE
BLANKET 'SEE NOTE
LEASED *SEE NOTES
DESCRIPTION OF OPERATIONS] LOCATIONS! VEHICLES Attach ACORD 101 Additional Remarks Schedule, if more space is required)
*30 DAYS NOTICE OF CANCELLATION EXCEPT NON PAYMENT OF PREMIUM 10 DAYS.
Project: ADA Compliance Segment #3, Monroe Co., FL, Facilities Interior
Public Access Areas. Additional Insured Monroe County Board of County
Commissioners With regard to General Liability policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
Room 2-215
1 100 Simonton Street, Rm 2-218 AUTHORIZED REPRESENTATIVE
Key West, FL 33040
@ 1088-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD