06/20/2001 Agreement
..
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the ~ tJ .Jd:t
TWO THOUSAND ONE
(In Words, indicate day, month and year.)
day of
F
in the year of
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
General Asphalt Co.
4850 N.W. 72 Avenue
Miami, Florida 33166
For the following Project:
(Include detailed description of project,
location, address and scope)
Key Largo Roads XV
Key Largo, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
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The Architect is:
(Name and Address)
Monroe County Engineer
The Owner and Contractor agree as set forth below.
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ARTICLE 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, 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 from which the Contract Time of Paragraph 3.2 is measured, and shall be
the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date
to be fixed in a notice to proceed issued by the Owner.
Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and
Construction Manager.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify
the Owner, through the Construction Manager, in writing not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insen the calendar date or number of calendar days after the date of commencement. Also insen any requirements for earlier Substantial Completion of
cenain ponions of the Work, ifnot stated elsewhere in the Contract Documents.)
One hundred twenty (120) calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insen provisions if any for liquidated damages relating to failure to complete on time)
j
Liquidated damages will be assessed at the rate of $250.00 per normal working day following
anticipated Substantial Completion date described above until such time as Substantial Completion is
achieved.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract
Sum of TWO HUNDRED FOUR THOUSAND FOUR HUNDRED NINETY THREE AND 12/100 Dollars
($204,493.12), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents
and are hereby accepted by the Owner: NONE
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(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the
execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
Unit prices as specified on the Bid Form for this project from Section 00110 of Project Manual
for this project, as submitted by Contractor and accepted for award of contract by Monroe County
Board of County Commissioners.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project
Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make
progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the
month, or as follows:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of
the project.
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a
month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same month. If an
Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be
made by the Owner not later than Twenty days after the Construction Manager receives the Application for Payment.
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
Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or
Architect, 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 of Ten percent (10%). Pending final determination of cost to the Owner
of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be
allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall
be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored
at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably
stored off the site at a location agreed upon in writing), less retainage of Ten percent (10 % ):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate
for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the
following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent
(90 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for
incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages insened in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insen here provisions for such reduction or
limitations)
NONE
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor
when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if
any, which necessarily survive final payment: and (2) a final Project Certificate for Payment haws been issued by the
Construction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the
issuance of the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(lnsen rate of interest agreed upon, if any)
Zero Percent (0 % )
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's
and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
7.3 Temporary facilities and services:
(Here insen temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.)
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7.4 Other Provisions:
(Here list any special provisions affecting the Contract.)
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
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
February 2001, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1. 4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1. 3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1. 6 The Addenda, if any, are as follows:
Number
Date
Pages
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.
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9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding
requirements such as advenisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are nat pan of the contract
Documents unless enumerated in this Agreement. They should be listed here only lfintended to be pan of the Contract Documents.)
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 each to the Construction
Manager and Architect for use in the administration of the Contract, and the remainder to the Owner.
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Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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END OF SECTION 00500
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Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
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General Conditions of the Contract for Construction
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General Conditions of the Contract for Construction
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and
Contractor (hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings,
Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications
issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2)
a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the
Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such
as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or
portions of addenda relating to bidding requirements).
1.1.2 The Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) Between the
Construction Manager and Contractor, (3) between the Architect and construction Manager, (4) between the Owner and a
Subcontractor of subcontractor or (5) between any persons or entities other than the Owner and Contractor. The
Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of their duties.
1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be
provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents
may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces
including persons or entities under separate contracts not administered by the Construction Manager.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located
and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations,
sections, details, schedules and diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of
related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the
bidding requirements, sample forms, Conditions of the Contract and Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has visited the site, become familiar
with local conditions under which the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.
1.2.3 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.
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1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by
any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts
drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved
rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably
accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents
prepared by the Architect and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They
are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in
connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved
rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of
Drawings and Specifications reasonably necessary for the execution of the Work.
1.4 Capitalization
1.4.1 Terms capitalization in these General Conditions include those which are (1) specifically defined, (2) the titles of
numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of
other documents published by the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
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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. Unless otherwise provided under the
Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit.
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 Drawings and Project Manuals as are reasonably necessary for execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall
contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially
those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and
Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents
as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the
Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the
Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default
or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after
receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice
to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including
compensation for the Construction Manager's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the
Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. Ifpayments
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 the Construction Manager, notice will be given, and contractor
is required to rectifY deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this
Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized
representative.
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3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the
Contract that are administered by the Construction Manager, and that are identical or substantially similar to these
Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Construction Manager and Architect
errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or
Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor
recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and
Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or
omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for
correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field
measurements and conditions and other information known to the Contractor with the Contract Documents before
commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and
Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved
pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and
for coordinating all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the
Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents
either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by test,
inspections or approvals required or performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such
portions are in proper condition to receive subsequent work.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and
services 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 employee is determined to be detrimental to the Project, as deemed
by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction
Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense.
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3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools,
machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper
coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with the
Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materials and equipment furnished
under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that
the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect
caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the
Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or
merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and
surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and
completion of the Work which are customarily secured after execution of the Contract and which are legally required at the
time bids are received. The Owner will not assess any County building permit or County impact fees. The Contractor will
be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and
pay for all building and specialty permits including plumbing, electrical, HV AC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules
and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the
Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in
writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be
satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager,
unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ.
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3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such
schedule shall not exceed time limits current under the Contract Documents, shall be revised as appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This
schedule, to be submitted within seven (7) days after Contract A ward, shall indicate the dates for the starting and completion
of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the
Construction Manager's approval.
3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work
to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's
own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this
meeting, the parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall
be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to
the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3. I 2.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor
or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by
which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their
submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes
to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the schedule and
sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by
the Contract Documents. The Contractor shall cooperate with the Construction Manager in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other
Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and
Architect. 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.
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3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents
by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals
unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the
time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar
submittals by the Construction Manager's and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples
or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous
submittals.
3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive
action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the
Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of
such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit
data on substitute materials through the Architect to the Construction Manager for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction
Manager before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
parts fit together properly; He shall also provide protection of existing work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of
the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The
Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with
written consent of the Construction Manger, Owner and such other contractors: such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent
to cutting or otherwise altering the Work. When structural members are involved, the written consent of the
Architect/Engineer shall also be required. The Contractor shall not unreasonably withhold from the Construction Manager
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 Construction Manager.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with
the Owner's approval and the cost thereof shall be charged to the Contractor.
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3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and
progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement
of patent rights and shall hold the Owner Construction Manager and Architect harmless from loss on account thereof, but
shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required
design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such
information is promptly furnished to the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any
tier, occasioned by the negligence or the wrongful act or omission of the Contractor or its subcontractors in any tier, their
employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture
identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized representative.
4.2 Construction Manager
4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the
Construction Manager's authorized representative.
4.3 Duties, responsibilities and limitations of authority of the Construction manager and Architect as set forth in the
Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction
Manager, Architect and Contractor. Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a
construction manager or architect against whom the Contractor makes no reasonable objection and whose status under the
Contract Documents shall be that of the former construction manager or architect, respectively.
4.6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract
Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the
Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Construction
Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to
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the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other
provision of the Contract.
4.6.2 The Construction Manager will determine in general that the Work is being performed in accordance with the
requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.6.3 The Construction Manager 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 Construction Manager 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, the
Construction Manager and the Owner until subsequently revised.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar
with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner
indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will
not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis
of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will
endeavor to guard the Owner against defects and deficiencies in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have control over or charge of and
will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3,
and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the
Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or
when direct communications have been specially authorized, the Owner and Contractor shall communicate through the
Construction Manager, and shall communicate through the Construction Manager, and shall contemporaneously provide the
same communications to the Architect. Communications by and with the Architect's consultants shall be through the
Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously
provided to the Architect.
4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final
payment. The Construction Manager 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 Construction Manager will submit the Project Application and Project
Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the
certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will
issue a Project Certificate for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and to require
additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated,
installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the
Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract
Documents. Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Construction Manager 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 the Construction Manager will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20
inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the
Construction Manager's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the
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Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or
other persons performing any of the Work.
4.6.11 The Architect 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 Construction Manager those
recommended for approval. The Architect'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 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in
the activities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the
Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor
as Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve
the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the architect, of any construction means, methods, techniques,
sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders
or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work
as provided in Paragraph 7.4.
4.6.16 The Architect will assist the Architect in conducting inspections to determine the dates of Substantial completion
and final completion, and will receive and forward to the Architect written warranties and related documents required by the
Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project
Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying
out the Architect'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.
4.6.18 The Architect will interpret and decide matters concerning performance under and requirements of the Contract
Documents on written request of the Construction Manager, Owner or Contractor. The Architect's response to such requests
will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.6, then
delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written
request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in
the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising
out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest
with the party making the claim.
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4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or
Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.8. A decision by the Architect, as
provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor
and Owner as to all such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate
to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the
Architect in response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Architect is
vacant, (2) The Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the
Architect has failed to take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days
have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving
rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is
later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.7.4 Continuing Contract Performance. Pending final resolution ofa 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 constitutive 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 for in the Contract Documents, then notice by the
observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days
after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will
recommend and equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice
of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
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 (I) a written interpretation from the Architect, (2) Not Applicable (3) a
written order for a minor change in the Work issued by the Architect, (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.
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4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or
property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for
whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the
other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to
enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it
shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8.
4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of
receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating
when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4)
recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not
obligated to, notify the surety, if any, of the nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation.
4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the
parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made
within seven days, which decision shall be final and binding on the parties. Upon expiration of such time period, the
Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract
Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the
Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
4.8.5 Court Determination of ClaimslDisputes. Any claim or dispute that the parties are unable to achieve a settlement
among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if
singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner,
Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply
promptly shall constitute notice of no reasonable objection.
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5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or
Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom
the Contractor has made reasonable objection.
5.2.3 If the Owner or Construction Manager 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, Construction
Manager or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by
these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with
respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.
The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors
shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-
subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2
and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering
the Contract.
5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably
adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own
forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner
further reserves the right to award other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those portions
related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities
under separate contracts not administered by the Construction Manager, 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 Construction Manager shall be held harmless of any and all costs associated with improper coordination.
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6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager 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 Ifpart of the Contractor's Work depends for proper execution or results upon construction or operations by the
Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would
render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's own forces or other Contractors' completed or partially completed or partial completed
construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party
responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially
completed construction or to property of the Owner or other Contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to
the provisions of Paragraph 4.7 provided the other Contractors have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for
the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of
the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing,
of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected
thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension
of time requested shall be made by the Contractor to the Construction Manager within (72) hours after the delay has ceased
to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the
foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be
deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of
time he shall have no claim against the Owner or Construction Manager for an increase in the Contract price, nor a
claim against the Owner or Construction Manager for a payment or allowance of any kind for damage, loss or
expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy
available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
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7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract,
by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, architect and Contractor;
a Construction Change Directive require agreement by the Owner, Construction Manager and Architect and mayor may not
be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor
shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor
change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit
prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices
shall be equitably adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by the Construction Manager and signed by the Owner,
Construction Manager, Architect 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:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation;
.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.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 Ifnone 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 Construction Manager 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 Construction Manager. The
daily force account forms shall identify Contractor and lor 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 Construction Manager's representative no later than the close of
business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to the Construction Manager with all supporting documentation required by the Construction Manager for
inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following:
cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment
insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the
rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4.
Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The
amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract
Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured
on the basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items oflabor or material, power tools, and equipment
actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's
Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax.
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If deductions are ordered the credit shall be the net cost. Items considered as overhead shall include insurance other than that
mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies,
incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other
than those covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.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 often percent (10%). If the Contractor does not perform the Work, the maximum mark-up for
managing this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a
maximum addition of then percent (10%) on his direct Work only. If the Contractor performs part of the actual
Work, his percentage mark-up for overhead and profit shall be a maximum addition often percent (10%) on his
direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the
quantities and prices used in computing the value of any change that might be ordered. Any additional supporting
documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the
Contractor to the Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise,
involve extra Work not covered by the Contract, he shall give the Construction Manager 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 the Construction Manager 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 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum
or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be
effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the
Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
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8.1.5 The Owner/Construction Manager shall be the final judge as to whether substantial completion has been achieved
and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the
Contractor confirms that the Contract Time is a reasonable period for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished
by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner,
Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by
the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not
reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the
Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then
the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may
determine, in accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager 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, but not limited to, delay claims from other Contractors which are
affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by
the Owner to the Contractor for performance of the Work under the Contract Documents.
9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through the Construction
Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data
to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to b the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
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9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the
Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values.
Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment
as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the Work which have been
properly authorized by Construction Change Directives but not yet included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the
Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the
Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or
otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such
materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no
later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work
for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of
the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an
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 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's
applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on
such applications, forward them to the Architect within seven days.
9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager
and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount
as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in
Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager.
9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute
representations made separately by the Construction Manager and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has
progressed to the point indicated and that, to the best of the Construction Manager's and Architect's knowledge, information
and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to
an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to
specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for
Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment
in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will
not be a representation that the Construction Manager or Architect has (I) made exhaustive or continuous on-site inspections
to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other
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data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or
for what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Certification
9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the
application is not adequately supported. If the Contractor and Construction Manager cannot agree on a revised amount, the
Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may
also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent
inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion
because of: (I) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing
of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5)
damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that
the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the
Contract Documents.
.1 No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by
the Contractor, within all the requirements of Article II, have been filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction
Manager and Architect. From the total of the amount determined to be payable on a progress payment, ten percent (10%) of
such total amount will be deducted and retained by the Owner until final payment is made. The balance ninety percent
(90%) of the amount payable, less all previous payments, shall be certified 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 the Construction Manager to be a part of the final quantity for
the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or
quantity. All progress payments are subject to correction at the time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager 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, Construction
Manager and Architect on account of portions of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to payor to see to the payment of
money to a Subcontractor except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and
9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
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9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner,
and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and
Work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the
Owner or Construction Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the
Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in
which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the
Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each
payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by
is Subcontractor interest therein. The Contractor shall, by an appropriate agreement with each Subcontractor, also require
each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its
intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a
comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct
items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, assisted by the Construction
Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If
the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another
inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion, shall
establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of
Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities
assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and
certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage,
if any, for such Work or portion thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to
the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner
and Contractor or, ifno agreement is reached, by decision of the Architect after consultation with the Construction Manager.
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9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect
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 ofa portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the
Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's
Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect
who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager,
finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and
Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and
belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final
Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a
further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final
payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered
(less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required
by the Contract Documents to remain in force after final payments currently in effect and will not be canceled or allowed to
expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor
knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment
or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor refuses to
furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify
the Owner against such lien.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so
confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect,
and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed or
corrected is less than retainage stipulated in the Contract Documents, and if bond have been furnished, the written consent of
surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Architect through the Construction Manger prior to certification of such payment. Such payment shall be
made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims by the
Owner as provided in Subparagraph 4.7.5.
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.
9.11 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect or Construction Manager
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.
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the
Construction Manager 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, Construction Manager and Architect 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 the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos
or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a
material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition,
immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of
the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to
verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or
safe containment of such material or substance. The Contractor, the Construction Manager and the Architect 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, Construction Manager or Architect has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect 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 Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance ofthe 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.
3/28/01
General Conditions of the Contract for Construction
00750-23
10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3,
10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions
Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor
are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be
the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the
Contractor in writing to the Owner, Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on
account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre staging of personnel and material), the
Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by
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.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all
Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the
failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any
penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the
required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
3/28/01
General Conditions of the Contract for Construction
00750-24
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by
this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor
from any liability or obligation assumed under this contract or imposed by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional
Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -
owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared
form entitled "Request for Waiver ofInsurance Requirements" and approved by the Monroe County's Risk Manager.
11.2 Throughout the term of the Contract, the Contractor shall purchase and maintain Builder's Risk Insurance on All
Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles,
Smoke, Fire, Collapse and Floods. The policy limits shall be no less than the amount of the finished project and coverage
shall be provided on a completed value basis. The completed value is defined as all material, labor, supplies, and equipment
intended to be incorporated in and to become a permanent part of the completed facility. The facility as defined for this
paragraph includes structures as defined in the contract drawings and specifications. Property located on the construction
premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy
shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage.
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 in
this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and
the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the
contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 Ifa portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements
specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation
and be replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically
requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it
shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and
replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the
Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other
Contractors in which event the Owner shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to
conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and
whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work,
3/28/01
General Conditions of the Contract for Construction
00750-25
including additional testing and inspections and compensation for the Construction Manager's and Architect'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 the Architect issued through the Construction Manager, the Owner may remove
it and store the salvable materials or equipment at the Contractor's expense, if the Contractor does not pay costs of such
removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such
materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and
damages that should have been borne by the Contractor, including compensation for the Construction Manager's and
Architect'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. Ifpayments then or thereafter due the contractor
are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially
completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period oflimitation with respect to other
obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as
described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under
this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Construction Manager (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
3/28/01
General Conditions of the Contract for Construction
00750-26
contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without
the written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent
of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the
firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized
representative of the Contractor. The correspondence shall be directed to:
Mr. David S. Koppel, P.E.
Monroe County Engineer
5100 College Road
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of
a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence
in a breach thereunder, except as may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless
otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent
testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs
of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when
and where tests and inspections are to be made so the Construction Manager and Architect 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 the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of
the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Construction
Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for
such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely
notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the
Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in
Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's
and Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents,
be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect.
3/28/01
General Conditions of the Contract for Construction
00750-27
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract
Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of
testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute oflimitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of
the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions
of the Work under contract with Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for Payment and has not notified the
Contractor of the reason for withholding certification as provided in Subparagraph 9.4.2, or because the Owner has
not made payment on a Certificate for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the
aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day
period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence
as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for
proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Subparagraph
14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;
3/28/01
General Conditions of the Contract for Construction
00750-28
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon
certification by the Architect 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, ifany, 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.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance ofthe Contract Sum exceeds costs of finishing the Work, including compensation for the
Construction manger's and Architect's services and expenses made necessary thereby, such excess shall be paid to the
Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to
be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after
consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or
in part for such period of time as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.
END OF SECTION 00750
3/28/01
General Conditions of the Contract for Construction
00750-29
PROPOSAL FORM
BID FROM:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
G E'NG'~AL. ASPUALT Ca.,Jj-.Jc..
,
-f.850 N. w. 72. AVF.
-M\AN\\ I F LOBJ..P~ 3~lb.b
BID TO:
The undersigned. having carefully examined the Work and reference Drawings. Specifications. Proposal.
and Addenda thereto and other Contract Documents for the construc~on of:
KEY LARGO ROADS XV
KEY LARGO
Monroe County, Florida
and having carefully examined the site where the Work is to be performed. having become familiar with all local
conditions including labor affecting the cost thereof. and having familiarized himself with material availability,
Federal. State. and Local laws. ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and
all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like
manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda
issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is to be
performed. together with the local sources of supply and that he understands the conditions under which the Work
is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the
existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference
to documentary information provided and made available, and from inspection and examination of the site.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is
understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price
will be determined from the actual quantities measured for payment in accordance with the Contract Documents.
"tWo HuNPR.1:'J:> Fol)R, ThouSANb fOUR HUND2I:DM~ltryTHIt\?E ANn 17..//0('1 dollars.
(Total Base Bid - words) . .
03/01/2001
BID PROPOSAL
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00110-3
BID PROPOSAL
I acknowledge receipt of Addenda No.(s) Nr-,,,u: . I have included pages 1 through 10
of the Bid Proposal which entails the Proposal Form~. the Non-Collusion Affidavit.Y. the
Lobbying and Conflict of Interest Clause L, the Drug-Free Workplace Form V, the Bid
BondX, the Bidder's Insurance Statement V. Also include a copy of valid liceI!Ses VA -
(Check mark items above, as ~ reminder that they are included.)
Mailing Address:
(;&;"Ne"IZAL ASP,",AL.-r v,.; TNC.
YO_Bo.". 5~- 2'306
MrAtA\J FLOR-\OA 3~ L5''G.
Date:.M MA'I200f Signed:
Phone Number:
'P2~S I f)!E'Nj
(Title)
Witness: ~.4'/~
'( OfFICIAL NOTARY SEAL
....~~ Pue ROYALsWEBSTERJR
o ~"-
~ ~-o. " ClMWUrtlH IMI8ER
~ ~ CC669401
;..0 . Q ...-co
?~ ~ MY CC)MMI98lON l:Ar'"~
~ OF f\.O AUG. 8.20!!--
(Seal)
03/01/2001
BID PROPOSAL
00110-4
NON-COLLUSION AFFIDAVIT
I, ';<t>6~fGT ~. L~ f:'1r'2... of the citY of jJ\ tAM I) J: l. according to law on my oath,-and
under penalty of perjury, depose and say that;
1. I am P~E'~ ID aN T' of the fIrm of
C;eN~f2.AL A~Pf.l.AL" (e. rN~ the bidder making the Proposal for the project
described in the notice for calling fJr bids for:
KEY LARGO ROADS XV
. KEY LARGO
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
2.)
the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restritting competition, as to any matter
relating to such process with any other bidder or with any. competitor;
3.)
unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
and will not be knowingly disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4.)
no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5.)
~MAY 200J
(Date)
STATE OF: F" L.~R-\ DA
COUNTY OF:~lAMI - DADl:
PERSONALL Y APPEARED BEFORE ME. the undersigned authority, ---1<() R Ai IZT A. Lo? E'7..
(nwne of individ~J signing) who. after first being sworn by me. affixed hislher signature in the space provided above on this
~dayof MAy ,200' . -
My commission expires:
~v PlJ oFFICIAL NOTARY SEAL
c5' po. 8<., ROYAl.. S WEBSTER JR
~ V" t {'l cCllMllSlON NUMB
;. ;: CCI19401 N
'Y~ ~ MY COMMISSI'ON EXPIRES
(:' OF f\.O AUG. 82001
03/01/2001
BID PROPOSAL
00110-5
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
"
Ge-Ne-I2AL ASPuALr Co.JTNC.
(Company)
"
" . .. warrants that it has not employed, retained or otherwise had act on its behalf any fonner County officer
or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 01 990. For breach or violation of this provision the
County may, in its discretion, tenninate this contract 'lthout liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise /..0 over, I ount of any fee, commission,
percentage, gift, or consideration paid to the fi roo r employee".
STATE OF
~MAY 20~1
(Date)
FL~I2.' pA
COUNTY OF .--M, A.M. \ I b A. n Ii'
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
-Roe t:2T' A .loPE"Z who, after fIrst being sworn by me, affixed his/her
signature -'<o8e~T A. ~p~'Z- in the space provided
(name of individual signing)
~
~ day of
MAy
,2001 . ~
~
~UBUC
above on this
My commission expires:
.1" Pu OFFICIAL NOTARY SEAL
\ c':' 8('", ROYALSWEBSTERJFI
1'.< ." I () CO,. UllOM NUMaEA
-to; l"
~ . <( CC669401
..,,,, f MY COMMISSION EXPIRES
~ OF f\.O AUG. 8,2001
03/01/2001
BID PROPOSAL
00110-6
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
~ c}llE'(2AL As P14 ALT Co') rNC.
(N ame of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodtties or contractual services that are under bid
a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employees will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to"maintain a drug-free workplace throu h implementation of
this section.
As a person authorized to sign the statement, I certify that this firm camp .
Date
03/01/2001
BID PROPOSAL
00110-7
Bidders's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Requirement
Worker's Compensation
General Liability
Vehicle Liability
Statutory Limits
WC2
$500,000/$500,000/$500,000
GL2
$250,000 per Person; $500,000 per
Occurrence; $50,000 Property Damage or
$500,000 Combined Single Limit
*Required Endorsement
Underground, Explosion and Collapse
(XCD)
GLXCU
VL2
$100,000 per Person; $300,000 per
Occurrence; $50,000 Property Damage or
$300,000 Combined Single Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all these requirements.
GR'NBR..f't.. AS;PU.A~T ~./lN C.
Name of Business
Date .24 ~ Y "2.00 ,
END OF SECTION 00110
03/27/2001
00110-9
BID PROPOSAL
i. STATE OF FLORIDA AC# 5573 437
: .'., DEPARTMENT OF BUSINESS AND
: " .... PROFESSIONAL' REGULATION
I : ,~,'"
: RG -0060992 06/}l/~,!:9 98902880
, REGISTERED. GENERAL CONTRACTOR
I WEBSTER, ROYAL S' '"_::'
; GENERAL ASPHALT' CO dNC. .......
; ( INDIVIDUAL MUSTH1EETALL LOCAL
, LICENSING REGUIREMENTS PRIOR TO
'CONTRACTING IN ANV AREA)
~ - . .', ., '. ...
, I
, I
HAS REGISTERED underlheprovlsionsofCh. 489
, Expiration Date: AUG 31. 2001.
d
FS. ':"
j:.1
:: I
i',l
; ~?
. ,-....--- -.- - .-...--
CERTIFICATE
ilfONROE
RECEIPT NO. 90415
ISSUE DATE 10/07/99
LICENSE MBR 01-00779
OF C01>lPETENCY
COUNTY
CJ~L~~
BUILDING OFFICIAL
CC: ENG II 173 D
FEE DUE 150.00
LATE FEE .00
FEE PAID 150.00
~R~<'-~ 9
THIS CERTIFIES THAT
WEBSTER, ROYAL S. "
GENERAL ASPHALT CO.
P.O. BOX 52-2306
MIAMI
.
JR.
INC.
FL 33152
QUALIFIES AS A ENGINEERING CaNT II D
IN GOOD STANDING AND THIS CERTFICATE OF
COMPETENCY IS VALID AND IN FrnRCE UNTIL
OCTOBER 31, Zaal
.."..-......-.- ,._......--...-----~-_.- -
CERTIFICATE OF CCMPETENC7
r-{ONROE COUNTY
THIS is TO CERTIFY THAT
'NEBSTER, ROYAL S. , JR.
QUALIFIES AS A
ENGINEERING CaNT ,II u
THIS CERTIFICATE EXPIRES
OCTOBER 31, ZOOl
UHLESS REVOKED
ACCORD ING TO LA~"
I
I
~.
GNi
;
>
o (
~, (~~. ~1C;;"")
BUILDING OFFICIAL
I
~
I,
"
:c: ENG II 173 D
i
,
,
"f
~;
.. ~-. ,.-~--_.-......----_.......... -..
/I
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding
Documents as previously instructed herein.
Item Description Pa~es
1. Proposal Form 2-4
2. Non-Collusion Affidavit 5
3. Lobbying and Conflict of Interest Clause , 6
4. Drug-Free Workplace Form 7
5. Bid Bond 8
6. Insurance Statement 9
03/01/2001
BID PROPOSAL
00110-1
THE AMERICAN INSTITUTE OF ARCHITECTS
.
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we GENERAL ASPHALT CO., INC.
4850 N.W. nnd Avenue
Miami, Florida 33166
(Here insert full name and address oflegal title of Contractor)
As Principal, hereinafter called the Principal, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
2600 Lucien Way, Suite 130
Maitland, Florida 32751
(Here insert full name and address of Surety)
A corporation duly organized under the laws of the State of Connecticut
As Surety, hereinafter called the Surety, are held & fIrmly bound unto MONROE COUNTY BOARD OF COUNTY
. COMMISSIONERS
5100 College Road, Stock Island, Key West, FL 33046 (Here insert full name or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of Bid Proposal Submitted
Dollars ($5%)
For the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
Our heirs, executors, administrators, successors and assigns, jointly and severally, fIrmly by these presents.
WHEREAS, the principal has submitted a bid for
Key Largo Roads XV - Re-Grading Roadway
Shoulders, Leveling, Resurfacing, Lighting and Other Related Work
(Here insert full name, address and description of project)
Key Largo, Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specifIed in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specifIed in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 24th day of 2001
*-P~
c...-- Witness
5:2
. .~~ Witness
BY:
T CO., INC.
(Seal)
~ 6 h-p... T A. L(" I.') 1=7- P(.<..t,:.5 In l.? N T
(Printed Name & Title)
NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD
(Surety) (Seal)
William L. rker, Attorney-In-Fact & Fla. Res. A2ent
(Printed Name & Title)
BY:
AlA DOCUMENT A310 - BID BOND - AlA - FEBRUARY 1970 ED
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I<now All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania (herein call~ "t~e CNA Companies"). a.re duly orga~ized and existing corpo~tions having
their principal offices in the City of Chicago, and State of illinOIS, and that they do by virtue of the sIgnatures and seals hereIn affixed hereby
make, constitute and appoint
Joseph M. Pietrangelo, William L. Parker. Olga L. Iglesias, E. B. Blondell, Jr., Davor I. Mimica. Martha Menendez.
Individually
of Miami, Florida
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
-- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 20th day of February, 2001.
g;.,- ~()'}"
f T" oOfIPOAAT'E ~
~ · 1
~ SEAL "I":
f8g1
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
~J.-!. f1.-7~
Michael Gengler
Group Vice President
State of Illinois, County of Cook, ss:
On.this 20th day of February, 2001, befcr'C' :""':' ;:'~;::.;;.najly came Michael Gengler to me known. wno, i-cing 01' ~"~ ~:.Jly c;wom rlirl rl"'~""":'
and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, National
Fire Insurance Company of Hartford, and American Casualty Company of Reading. Pennsylvania described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporations.
............................
: . OFFICIAL SEAL' :
: DIANE FAlJU<NER :
: ....., ...... ..... ..... .
: _ C4lIMilnll'l ...... 1117101 :
............................
My Commission Expires September 17. 2001
>>~ 't-~
Diane Faulkner
Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attomey herein above set forth is still in force, and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 24th day of
May , 2001
g;.\.. C>'SU1()'}"
f T" ~OAA~ ~
i · 1
~ SEAL "I":
"g1
(Rev. 1/23/01)
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
~a~
Mary A. Ribikawskis
Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CA3UALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-law duly adopted by the Board 0:
Directors of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors. the President 01 any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
executbn of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authodty
previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company: Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASuAL r,' CC:-'~FANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI-Executlon of Obligations and Appointment of Attorney.in-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revQke all power and authority previously given to any attorney-in-fact."
This Power of Attom~v jc: c:j:;~._'; allU ::;"'i::Ii..J by facsimile under and by the authority of the following Resolution adopted by the Board of
::. _.:. .- -< .'-~ ':'vmpany at a meeting duly called and held on the 17th day ofFebru~ry..1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursOant to Section 2 of Article VI of the By-laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shalf be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shalf, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President. or any Senior or Group Vice President of the Corporation may, from
time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact. subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall
with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."
THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 929186865
.
AlA Document A311
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that GENERAL ASPHALT CO.
4850 N.W. 72nd Avenue
Miami, Florida 33166
(Here insert full name and address of legal title of Contractor)
as Principal, hereinafter called the Contractor, and, NATIONAL FIRE INSURANCE COMPANY
OF HARTFORD
2600 Lucien Way, Suite 130
Maitland, Florida 32751
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called the Surety, are held & firmly bound unto MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
500 Whitehead Stret
Key West, Florida 33040
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Two Hundred-Four Thousand Four Hundred Ninety-
Three and 12/1 00 -------------------------------------------------
Dollars ($204,493.12 ------------------------)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
GENERAL ASPHALT CO.
Contractor has by written agreement dated ~ o-l:-Isday of Jo" ~
20 0 I entered into a contract w/Owner for
(Here insert full name, address and description of project)
KEY LARGO ROADS XV
Key Largo, Monroe County, Florida
in accordance with Drawings and Specifications prepared by
(Here insert full name, and address or legal title of Architect)
AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AlA @ FEBRUARY
1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006 1
PERFORMANCE BOND Bond No. 929186865
JlfOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension oftime made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety ofthe lowest responsible bidder, or, if the Owner elects, upon determination by the Owner
and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner,
and make available as Work progresses (even though there should be a default or a succession of defaults under the
contract or contracts of -completion arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term "balance ofthe contract price," as used
in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this
9th
day of
July
20 01
~~dl'4t!-
Witness
(Seal)
p12 \;; S ! P B}J T
(Title)
'..... ~(/U..at ./
Wi S5
NATIONAL FIRE INSURANCE COMPANY OF
~ORD
surety~
(Seal)
William L. Parker, Attorney-In-FactIFla. Res.
Agent
(Title)
AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MA TERIAL PAYMENT BOND-AIA~ FEBRUARY
1970 ED.- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N. W. WASHINGTON D.C.20006 2
THE AMERICAN INSTITUTE OF ARCHITECTS
.
BOND NO. 929186865
AlA Document A311
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that GENERAL ASPHALT CO.
4850 N.W. 72nd Avenue
Miami, Florida 33166
(Here insert full name and address oflegal title of Contractor)
as Principal, hereinafter called the Principal, and, NATIONAL FIRE INSURANCE COMPANY
OF HARTFORD
2600 Lucien Way, Suite 130
Maitland, Florida 32751
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called the Surety, are held & firmly bound unto MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
500 Whitehead Street
Key West, Florida 33040
(Here insert full name and address or legal title of Owner)
As Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined in the amount of
Two Hundred-Four Thousand Four Hundred Ninetv-Three and 12/100 ($204.493.12 -------------------)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
GENERAL ASPHALT CO.
Principal has by written agreement dated the
.;;::< 0 -f.J day of Ju n e.... 20
o / entered into a contract w/Owner for
(Here insert full name, address and description of project)
KEY LARGO ROADS XV
Key Largo, Monroe County, Florida
in accordance with Drawings and Specifications prepared by
(Here insert full name, and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
3
AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AIA@ FEBRUARY 1970 ED.-
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006
LABOR AND MATERIAL PAYMENT BOND Bond Number: 929186865
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use
in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal
for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material
being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equip-
ment directly applicable to the Contract.
2, The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant
as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on
which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may
be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any
two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by
registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any
place where an office is regularly maintained for the transaction of business, or served in any manner in which the
aforesaid project is located, save that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construc-
tion hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the
state in which the Project, or any part thereof, is situated, or in which the Project, or any part thereof, is situated, and
not elsewhere.
4. The amount ofthis bond shall be reduced by and to the extent of any payment or payments e in good faith
hereunder, inclusive of the payment of Surety of mechanics' liens which may be filed of re against said improve-
ment, whether or not claim for the amount of such lien be presented under and against ond.
Signed and sealed this 9th day of Jul
(Seal)
-~~~~
~~
itness
N
(Title)
NATIONAL FIRE INSURANCE COMPANY
OF HA TFORD
ur ty) (Seal)
William L. Parker f~n-FactIFla. Res.
A~ent
(Title)
4
AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AIA@ FEBRUARY 1970 ED.-
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies"). are duly organized and existing corporations having
their principal offices In the City of Chicago. and State of Illinois. and that they do by virtue of the signatures and seals herein affixed hereby
make, constitute and appoint
- Joseph M. Pietrangelo. William L. Parker. Olga L. Iglesias, E. B. Blondell. Jr.. Davor I. Mimica. Martha Menendez.
IndMdually
of Miami. Florida
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other Obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of their corporation
and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions. printed on the reverse
hereof, duly adopted. as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals'
be hereto affixed on this 20th day of February. 2001.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty canpany of Reading, Pennsylvania
~~~
Michael Gengler
Group Vice President
State of illinois, County of Cook. ss:
On this 20th day of February, 2001. before me personally came Michael Gengler to me known, who. being by me duly sworn. did depose
and say: that he resides in the City of Chicago. State of illinois; that he is a 'Group Vice President of Continental Casualty Company, National
fire Insurance Company of Hartford. and American Casualty Company of Reading. Pennsylvania described in and which executed the above
Instrument; that he knows the seals of said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority. and acknowledges same to be the act and deed of said corporations.
............................
t .OFFICIAL SUJ.. :
J owm FA&AJ<NER :
I ......., ....... ....., ...... :
_~I Lllllln....."'7101 :
...........................
My Commission ExpIres September 17. 2001
>>~ ~~
Diane Faulkner
Notary Public
CERnFICATE
I, Mary A. Ribikawskls, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford. and Americ.
Casualty Company of Reading. Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still In force, and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reyer]>e hereof Is stili In force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this ' ~ t h day of
Julv . 2001 . .
(Rev. 1/23101)
Continental Casualty Company
National FIr8 Insurance Company of Hartford
Amerfcan Casualty Company.of ReadIng. Pennsylvania
~a~
MaIy A.. RiblkawSkls
ASsIstant Secretary
...
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAl CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attomey-in-fad. The Chairman of the Board of Directors. the President or any Executive. Senior or
Group Vice President may, from time to time. appoint by written certificates attorneys-In-fad to ad in behalf of the Company in the
execution of policies of insurance. bonds. undertakings and other obligatory instruments of like nature. Such attorneYS-in-fact subje<
the limitations set forth in their respective certificates of authority. shall have full power to bind the Company by their signatur~ and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors. the
President or any Executive, Senior or Group Vice President or the Board of Directors. may. at any time, revoke all power and author
previously given to any attorney-in-fad.-
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boan
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. .
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company m
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such POWer arT
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company: Any such POWer so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached. continue to be valid and binding on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAl TV COMPANY OF READING. PENNSYlVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VJ-ExecutJon of Obligations and Appolnbnent of Attorney-In-Fact
Section 2. Appointment of Attorney-In-fact. The Chairman of the Board of DireCtors, the President or any Executive. Senior or
Group Vice President may, from time to time. appoint by written certificates attorneys-in-fact to ad in behalf of the Company in the
execution of policies of insurance, bonds. undertakings and other obligatory instruments of like nature. Such attorneys-in-fact. subjec
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group \i
President may at any time revoke all power and authority previously given to any attorney-in-fad.-
ThIs Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
-Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company me
be affIXed by facsimile on any power of attorney granted pursOant to Section 2 of Article VI of the By-laws. and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certifICate of any such power anc
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certifICate so executed and sealed shall. with respect to any bond or undertaking to which it is
attached. continue to be valid and binding on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAl FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
-RESOLVED: That the President, an Executive Vice President. or any Senior or Group Vice President of the Corporation may. fn:
time to time, appoint, by written certificates, Attomeys..fn-Fad to ad in behalf of the Corporation In the execution of policies of Insuran.
bonds. undertakings and other obligatory Instruments of like nature. Such Attorney-In-Fact, subject to the Umltations set forth In their
respective certificates of authority, shan have full power to bind the Corporation by their signature and execution of any such Inslrume
and to attach the seal of the Corporation thereto. The Preslclent, an EXecutive Vice President, any Senior or Group VICe President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact. _
ThIs Power of Attorney Is signed and sealed by facsimile under and by the authority d the following Resolution adopted by the Board
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOlVED: That the signature of the President, an Executive VICe President or any Senior or Group Vice President and the see
d the Corporation may be affixed by facsimile on any power of aUomey granted pt.I'SUant to the Resolution adopted by this Board of
DIrectors on February 17, 1993 and the signature d a Secretary or an ASsistant Secretary and the seal of the Corporation may be
affixed by facslmBe to any certificate of any SUCh power, arid any power or certificate bearing such facsimile signature and seal shall I>
valid and binding on the Corporation. Any SUCh power 10 executed arid sealed and certified by certifICate 10 executed and sealed, sh2
with respect to any bond or W1dertaklng to which It Is attached, continue to be valid and binding on the ~..