The URL can be used to link to this page

04/19/2000 Agreement 1l9annp I. !tolbage BRANCH OFFICE 3117 OVERSEAS JfiGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 PAX (305) 289-1745 CLERK OF TIjE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERsEAS IDGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: May 24,2000 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Public Works DiZtiSion Pamela G. Hanc Deputy Clerk FROM: At the April 19, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and D L Porter Construction with deductive Change Order # 1 to complete the Gato Building Renovation. At the May 17, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract Amendment between Monroe County and DL Porter Constructors' for completion of the Gato Building Renovation. The following are the changes: change corporate name, provide 7 additional sets of contract documents free of charge, and amend section 8.3.4 "CLAIMS FOR ADDITIONAL TIME". Enclosed please find a duplicate original of the original Contract and copies of the Change Order and the Contract Amendment for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File/ *k FILED FOR RECO SECTION 00500 00 MAY 24" DICE CONTRACT BETWEEN OWNER AND CONTRACTOR uial CIR C;. '-- MONROE q i l4ikkMENT is made by and between Monroe County, 5100 College Road, Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and DL Porter Construction (hereinafter referred to as "contractor") for construction of Gato Building Renovation the specifications and architectural and engineering drawings for which are incorporated by reference into this contract as Exhibit A (hereinafter referred to as the "Project "), the owner and the contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. It shall be effective on the date this agreement is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all change orders, any addenda and field orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this contract. 1.3 Entire Agreement 1.3.1 This contract, together with the contractor's public construction bond for the Project, constitute the entire and exclusive agreement between the owner and the contractor with reference to the Project. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the owner and contractor. 1.4 No Privity with Others 1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the owner and any person or entity other than the contractor. 1.5 Intent and Interpretation 1.5.1 The intent of this contract is to require complete, correct and timely execution of the work. Any work that may be required, implied or inferred by the contract documents, or any one or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract price. 1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one contract document shall be considered as required by the county commissioners. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-1 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein, second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the owner or the architect of the contract documents, shop drawings or product data shall not relieve the contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the contractor's compliance with this contract. The owner has requested the architect to only prepare documents for the project, including the drawings and specifications for the project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction and that the contractor has not, does not, and will not rely upon any representation or warranties by the owner concerning such contract documents as no such representation or warranties have been or are hereby made. 1.5.8 As between numbers and scaled measurements on the drawings and in the design, the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the contract document into divisions, sections, paragraphs, articles (or other categories), nor the organization or arrangement of the design, shall control the contractor in dividing the work or in establishing the extent or scope of the work to be performed by subcontractors. 1.6 Ownership of Contract Documents 1.6.1 The contract documents, and each of them, shall remain the property of the owner. The contractor shall have the right to keep one record set of the contract documents upon completion of the project; provided, however, that in no event shall contractor use, or permit to be used, any or all of such contract documents on other projects without the owner's prior written authorization. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-2 ARTICLE II THE WORK 2.1 The contractor shall perform all of the work required, implied or reasonably inferable from, this contract. 2.2 The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this contract, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales and use taxes; royalties and product license fees; permits and licenses required of the contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the contractor is generally described as follows: The rehabilitation of the Gato Building located at the corner of Simonton and Virginia Streets in the City of Key West Monroe County, Florida. ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1 The contractor shall commence the work within 10 days from Notice to Proceed, or 10 days from receipt of permit, and shall achieve substantial completion of the work no later than 487 calendar days 3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in Section 00350 -1 "Liquidated Damages" of the Specifications per day for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for substantial completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that substantial completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving substantial completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 3.2 Substantial Completion 3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose. The date of substantial completion is the date set forth by the Construction Manager on the substantial completion form. 3.3 Time is of the Essence FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-3 3.3.1 All limitation of time set forth in the contract documents are of the essence of this contract. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for all of the work required herein, the fixed sum of $ 4,592.632.00 . (Base Bid of $4,787,000.00 and an adjusted bid with alternates #1, #2, #4, #7, & #8 for a total of $4,592,632.00) The sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except by change order as provided in this contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to the owner and to the architect a schedule of values allocating the contract price to the various portions of the work. The contractor's schedule of values shall be prepared in such form, with such detail, and supported by such data as the architect or owner may require to substantiate its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any element thereof. The violation of this provision by the contractor shall constitute a material breach of this contract. The schedule of values shall be used only as a basis for the contractor's applications for payment and shall only constitute such basis after it has been acknowledged in writing by the architect and the owner. 5.2 Payment Procedure 5.2.1 The owner shall pay the contract price to the contractor as provided below. 5.2.2 Progress Payments —Based upon the contractor's applications for payment submitted to the architect and upon certificates for payment subsequently issued to the owner by the architect, the owner shall make progress payments to the contractor on account of the contract price. 5.2.3 On or before the 26th day of each month after commencement of the work, the contractor shall submit an application for payment for the period ending the 25th day of the month to the architect in such form and manner, and with such supporting data and content, as the owner or the architect may require. Therein, the contractor may request payment for ninety percent (90 %) of that portion of the contract price properly allocable to contract requirements properly provided, labor, materials and equipment properly incorporated in the work plus ninety percent (90 %) of that portion of the contract price properly allocable to materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by the owner) for subsequent incorporation in the work, less the total amount of previous payments received from the owner. Payment for stored materials and equipment shall be conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to such materials and equipment and shall include proof of required insurance. Such application for payment shall be signed by the contractor and shall constitute the contractor's representation that the work has progressed to the level for which payment is requested in accordance with the schedule of values, that the work has been properly installed or performed in full accordance with this FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-4 0500 - 4 contract, and that the contractor knows of no reason why payment should not be made as requested. Thereafter, the architect will review the application for payment and may also review the work at the project site or elsewhere to determine whether the quantity and quality of the work is as represented in the application for payment and is as required by this contract. The architect shall determine and certify to the owner the amount properly owing to the contractor. The owner shall make partial payments on account of the contract price to the contractor within twenty (20) days following the receipt by Monroe County Construction Manager, of each application for payment, from the Architect. The amount of each partial payment shall be the amount certified for payment by the architect less such amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have the right to withhold as authorized by this contract. The architect's certification of the contractor's application for payment shall not preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3 herein below. 5.2.4 The contractor warrants that all payments to subcontractors have been made as certified on the application for payment and that title to all work covered by an application for payment will pass to the owner no later than the time of payment. The contractor further warrants that upon submittal of an application for payment, all work for which payments have been received from the owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the contractor or any other person or entity whatsoever. 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the contractor on account of such subcontractor's work, the amount to which such subcontractor is entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor may only seek payment from the contractor's public construction bond surety. In no event is the owner obligated to pay any subcontractor an amount owed to it by the contractor. Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor and its subcontractors. 5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be interpreted to constitute an acceptance of any work not in strict accordance with this contract. 5.3 Withheld Payment 5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: (a) defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; (b) claims of third parties against the owner or the owner's property; (c) failure by the contractor to pay subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; (e) evidence that the work will not be completed in the time required for substantial or final completion; FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-5 (f) persistent failure to carry out the work in accordance with the contract; (g) damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall promptly comply with such demand. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty (20) days after the date established herein for payment to the contractor by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any amount then due and payable to the contractor, then the contractor may after seven (7) additional days' written notice to the owner and the architect, and without prejudice to any other available rights or remedies it may have, stop the work until payment of those amounts due from the owner have been received. 5.5 Substantial Completion 5.5.1 When the contractor believes that the work is substantially complete, the contractor shall submit written notice that the project is ready for substantial completion inspection. The architect, on the basis of contractor's notice, shall determine that the work is in fact substantially complete, and report findings to the Construction Manager. The Construction Manager will inspect the work and will be the final judge as to whether substantial completion has been achieved. The Architect will prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the contractor for project security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time within which the contractor shall complete the items listed therein. The certificate of substantial completion shall be submitted to the contractor for written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work and execution by both the owner and the contractor of the certificate of substantial completion, the owner shall pay the contractor an amount sufficient to increase total payments to the contractor to one hundred percent (100 %) of the contract price less five percent (5 %) retention and less three hundred percent (300 %) of the reasonable cost as determined by the owner and the architect for completing all incomplete work, correcting and bringing into conformance all defective and non - conforming work, and handling all unsettled claims. The certificate of substantial completion shall not be signed by the Construction Manager unless accompanied by a signed certificate of occupancy from all governing authorities. 5.6 Completion and Final Payment 5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make final inspection of the work and, if work is complete in full accordance with this contract and this contract has been fully performed, the architect will promptly issue a final certificate for payment certifying to the owner that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the architect is unable to issue its final certificate for payment and is required to repeat its final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the owner from the contractor's final payment. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6 5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the architect in its certificate of substantial completion, the contractor shall pay the owner the sum of $500.00 per day for the first 15 days, $1,000.00 per day for the second 15 days, and $ 3,500.00 per day thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving final completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the work for which the owner, or the owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the architect or the owner; and the consent of surety to final payment. The affidavits, releases and waivers required from subcontractors and materialmen are for the administrative convenience of the owner only. They do not create an obligation on the part of the owner to assure that any subcontractor or materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the contractor's public construction bond surety. 5.6.3 The owner shall make final payment of all sums due the contractor per Section 01027 of the Technical Specifications Project Manual. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. ARTICLE VI THE OWNER 6.1 Information and Services Required from Owner 6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the project. Such written and tangible material is furnished to the contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the project site. 6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall obtain all approvals, easements, and the like required for construction and shall pay for FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-7 necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The owner shall furnish the contractor, free of charge, 8 copies of the contract documents for execution of the work. The contractor will be charged, and shall pay the owner, $ 150.00 per additional set of contract documents which it may require. 6.2 Right to Stop Work 6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this contract, the owner may order the contractor to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the owner orders that work be resumed, in such event, the contractor shall immediately obey such order. 6.3 Owner's Right to Perform Work 6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor fails within three (3) days of such stoppage to provide adequate assurance to the owner that the cause of such stoppage will be eliminated or corrected, then the owner may, without prejudice to any other rights or remedies the owner may have against the contractor, proceed to carry out the subject work. In such a situation, an appropriate change order shall be issued deducting from the contract price the cost of correcting the subject deficiencies, plus compensation for the architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the contractor shall pay the difference to the owner. ARTICLE VII THE CONTRACTOR 7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7. The contractor shall perform no part of the work at any time without adequate contract documents or, as appropriate, approved shop drawings, product data or samples for such portion of the work. If the contractor performs any of the work knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the architect, the contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The contractor shall perform the work strictly in accordance with this contract. 7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort and attention. The contractor shall be responsible to the owner for any and all acts or omissions of the contractor, its employees and others engaged in the work on behalf of the contractor. 7.4 Warranty 7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-8 7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses necessary and ordinary for the work. The contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the work which are customarily secured after execution of the contract and which are legally required at the time bids are received. The owner will not assess any County permit or County impact fees for the building permit issued by the County Building Department. The contractor is responsible for permit and impact fees issued by City Building Departments and any jurisdiction other than the County of Monroe. The contractor shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work. 7.6 Supervision 7.6.1 The contractor shall employ and maintain at the project site only competent supervisory personnel. Absent written instruction from the contractor to the contrary, the superintendent shall be deemed the contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the owner or the architect. 7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows: Name Function So long as the individuals named above remain actively employed or retained by the contractor, they shall perform the functions indicated next to their names unless the owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the contractor shall be bound by the provisions of this subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner and the architect for their information, the contractor's schedule for completing the work. The contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire project. Each such revision shall be furnished to the owner and the architect. Failure by the contractor to strictly comply with the provisions of this paragraph 7.7 shall constitute a material breach of this contract. 7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and the architect, one record copy of this contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the contractor shall maintain at the site for the owner and the architect the approved shop drawings, product data, samples, other similar required submittals and an office for their use. Upon final completion of the work, all of these record documents shall be delivered to the owner. 7.9 Shop Drawings, Product Data and Samples 7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not constitute contract documents. Their purpose is merely to demonstrate the manner in which FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-9 the contractor intends to implement the work in conformance with information received from the contract documents. 7.9.2 The contractor shall not perform any portion of the work requiring submittal and review of shop drawings, product data or samples unless and until such submittal shall have been approved by the architect. Approval by the architect, however, shall not be evidence that work installed pursuant thereto conforms with the requirements of this contract. 7.10 Cleaning the Site and the Project 7.10.1 The contractor shall keep the site reasonably clean during performance of the work. Upon final completion of the work, the contractor shall clean the site and the project and remove all waste, together with all of the contractor's property therefrom. 7.11 Access to Work 7.11.1 The owner and the architect shall have access to the work at all times from commencement of the work through final completion. The contractor shall take whatever steps necessary to provide access when requested. 7.12 Indemnification and Hold Harmless 7.12.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) 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 Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the owner and architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the contract. However, if the contractor has reason to believe that the required design, process or product is an infringement of a patent, the contractor shall be responsible for such loss unless such information is promptly furnished to the architect. ARTICLE VIII CONTRACT ADMINISTRATION FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-10 8.1 The Architect 8.1.1 The architect for this project is Bert Bender & Associates Architects PA . In the event the owner should find it necessary or convenient to replace the architect, the owner shall retain a replacement architect and the status of the replacement architect shall be that of the former architect. 8.2 Architect's Administration 8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those duties and discharge those responsibilities allocated to the architect as set forth in this contract. The architect shall be the owner's representative from the effective date of this contract until final payment has been made.. 8.2.2 The owner and the contractor shall communicate with each other in the first instance with consultation from the architect. 8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the contractor. 8.2.4 The architect will review the contractor's applications for payment and will certify to the owner for payment to the contractor, those amounts then due the contractor as provided in this contract. 8.2.5 The architect shall have authority to reject work which is defective or does not conform to the requirements of this contract. If the architect deems it necessary or advisable, the architect shall have authority to require additional inspection or testing of the work for compliance with contract requirements. 8.2.6 The architect will review and approve, or take other appropriate action as necessary, concerning the contractor's submittals including shop drawings, product data and samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the contract documents. 8.2.7 The architect will prepare change orders and may authorize minor changes in the work by field order upon approval of the owner, as provided elsewhere herein, as long as there is no change in contract price. 8.2.8 The architect shall, upon written request from the contractor, and in line with article 5, conduct inspections to determine the date of substantial completion and the date of final completion, will receive and forward to the owner for the owner's review and records, written warranties and related documents required by this contract and will issue a final certificate for payment upon compliance with the requirements of this contract. 8.3 Claims by the Contractor 8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the architect. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-11 8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently proceed with performance of this contract and the owner shall continue to make payments to the contractor in accordance with this contract. The resolution of any claim under this paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the contractor. 8.3.3 Claims for Additional Costs —If the contractor wishes to make a claim for an increase in the contract price, as a condition precedent to any liability of the owner therefor, the contractor shall give the architect written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the contractor before proceeding to execute any additional or changed work. The failure by the contractor to give such notice and to give such notice prior to executing the work shall constitute a waiver of any claim for additional compensation. 8.3.3.1 In connection with any claim by the contractor against the owner for compensation in excess of the contract price, any liability of the owner for the contractor's costs shall be strictly limited to direct costs incurred by the contractor and shall in no event include indirect costs or consequential damages to the contractor. The owner shall not be liable to the contractor for claims of third parties, including subcontractors, unless and until liability of the contractor has been established therefor in a court of competent jurisdiction. 8.3.4 Claims for Additional Time —If the contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the owner or someone acting on the owner's behalf, or by changes ordered in the work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then the date for achieving substantial completion of the work shall be extended upon the written notice and claim of the contractor to the owner and the architect, for such reasonable time as the architect may determine. Any notice and claim for an extension of time by the contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the contractor's basis for requiring additional time in which to complete the project. In the event the delay to the contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the contractor fails to make such claim as required in this subparagraph, any claim for an extension of time shall be waived. In no event is the contractor entitled to additional compensation for any delay described in this paragraph 8.3.4 or other paragraphs. 8.4 Field Orders 8.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or in contract time and not inconsistent with the intent of the contract. Such changes shall be effected by field order and shall be binding upon the contractor. The contractor shall cant' out such field orders promptly. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-12 ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a portion of the work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the names of persons or entities proposed by the contractor to act as a subcontractor on the project. The owner shall promptly reply to the contractor, in writing, stating any objections the owner may have to such proposed subcontractor. The contractor shall not enter into a subcontract with a proposed subcontractor with reference to whom the owner has made timely objection. The contractor shall not be required to subcontract with any party to whom the contractor has objection. 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which correspond to those rights afforded to the owner against the contractor herein, including those rights afforded to the owner by subparagraph 12.2.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Changes Permitted 10.1.1 Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this contract, by change order or by field order. 10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the contractor shall proceed promptly with such changes. 10.2 Change Order Defined 10.2.1 Change order shall mean a written order to the contractor executed by the owner and the architect, issued after execution of this contract, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. 10.3 Changes in the Contract Price 10.3.1 Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order; or (b) if no mutual agreement occurs between the owner and the contractor, then, as provided in subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined by the architect on the basis of the reasonable expenditures or savings of those performing, FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-13 deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, an allowance for direct job site overhead of 5 %, and profit 5 %. 10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so changed in a proposed change order that application of such unit prices to the quantities of work proposed will cause substantial inequity to the owner or to the contractor, the applicable unit prices shall be equitably adjusted. 10.4 Minor Changes 10.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or an extension of the contract time and not inconsistent with the intent of this contract. Such minor changes shall be made by written field order, and shall be binding upon the owner and the contractor. The contractor shall promptly carry out such written field orders. 10.5 Effect of Executed Change Order 10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this contract as thus amended, the contract price and the contract time. The contractor, by executing the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 10.6 Notice to Surety; Consent 10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's surety with reference to all change orders if such notice, consent or approval is required by the contractor's surety or by law. The contractor's execution of the change order shall constitute the contractor's warranty to the owner that the surety has been notified of, and consents to, such change order and the surety shall be conclusively deemed to have been notified of such change order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of this contract, it shall, if required by the architect or the owner, be uncovered for the architect's inspection and shall be properly replaced at the contractor's expense without change in the contract time. 11. 1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1 above, it shall, if required by the architect or owner, be uncovered for the architect's inspection. If such work conforms strictly with this contract, costs of uncovering and property replacement shall by change order be charged to the owner. If such work does not strictly conform with this contract, the contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as defective or failing to conform to this contract. The contractor shall pay all costs and expenses associated with correcting such rejected work, including any additional testing and inspections, FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-14 and reimbursement to the owner for the architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after final completion of the work any of the work is found to be defective or not in accordance with this contract, the contractor shall correct it promptly upon receipt of written notice from the owner. This obligation shall survive final payment by the owner and termination of this contract. With respect to work first performed and completed after substantial completion, this one -year obligation to specifically correct defective and nonconforming work shall be extended by the period of time which elapses between substantial completion and completion of the subject work. 11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with respect to other obligations which the contractor has either under this contract or under the laws of the State of Florida. Establishment of the one -year time period in subparagraph 11.2.2 relates only to the duty of the contractor to specifically correct the work. 11.3 Owner May Accept Defective or Non - conforming Work 11.3.1 If the owner chooses to accept defective or non - conforming work, the owner may do so. In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or non - conforming work and (b) the difference between the fair market value of the project as constructed and the fair market value of the project had it not been constructed in such a manner as to include defective or non - conforming work. If the remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for its acceptance of defective or non - conforming work, the contractor shall, upon written demand from the owner, pay the owner such remaining compensation for accepting defective or non- conforming work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the contractor or any person or entity working directly or indirectly for the contractor, the contractor may, upon ten (10) days' written notice to the owner and the architect, terminate performance under this contract and recover from the owner payment for the actual reasonable expenditures of the contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the work, less any salvage value of any such items. 12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the contractor for a period of fifteen (15) days after receiving written notice from the contractor of its intent to terminate hereunder, the contractor may terminate performance under this contract by written notice to the architect and the owner. In such event, the contractor shall be entitled to recover from the owner as though the owner had terminated the contractor's performance under this contract for convenience pursuant to subparagraph 12.2.1 hereunder. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-15 12.2 Termination by the Owner 12.2.1 For Convenience: 12.2.1.1 The owner may for any reason whatsoever terminate performance under this contract by the contractor for convenience. The owner shall give written notice of such termination to the contractor specifying when termination becomes effective. 12.2.1.2 The contractor shall incur no further obligations in connection with the work and the contractor shall stop work when such termination becomes effective. The contractor shall also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The owner may direct the contractor to assign the contractor's rights, title and interest under terminated orders or subcontracts to the owner or its designee. 12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the contractor has. 12.2.1.4 (a) The contractor shall submit termination claim to the owner and the architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the architect. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the owner shall pay the contractor, an amount derived in accordance with subparagraph (c) below. (b) The owner and the contractor may agree to the compensation, if any, due to the contractor hereunder. (c) Absent agreement to the amount due to the contractor, the owner shall pay the contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the contractor would have not profited or would have sustained a loss if the entire contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed the total contract price as properly adjusted, shall be reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause: FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-16 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this contract, then the owner may by written notice to the contractor, without prejudice to any other right or remedy, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the contractor and may finish the work by whatever methods it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. 12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work, including compensation for the architect's additional services and expenses made necessary thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive the termination of the contract. 12.2.2.3 In the event the employment of the contractor is terminated by the owner for cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached and incorporated into this contract. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law 14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 14.2 Successors and Assigns 14.2.1 The owner and contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The contractor shall not assign this contract without written consent of the owner. 14.3 Surety Bonds 14.3.1 The contractor shall furnish the public construction bond in the amount and form set forth in Section 255.05, Florida Statutes, unless waived by County Commission to the extent authorized by law. 14.4 Ethics Clause FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-17 14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision, the owner may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 14.5 Public Entity Crime Statement 14.5.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14.6 Assignment of the Architect's Duties 14.6.1 The duties of the architect under this contract may be assigned by the owner, at his discretion, to a construction manager selected by the owner. 14.7 Trench Safety 14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the Trench Safety Act (Secs. 553.60- 553.64, Fla. Stat.). 14.8 Contingency 14.8.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 14.9 Effective Date 14.9.1 This contract will take effect on the date of the signature of the last party to sign. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-18 �--~w IN WITNESS WHEREOF, each partas caused this AAreement to be executed by its ,�- d,Wy representative this I 9 day of BOARD OF COUNTY COMMISSIONERS NY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA t By D ty Clooe Mayor/Chairm Date t ° (SEAL) Attest: By: �— Title: C' o �p SEC2 CONTRACTOR By: C' - LIKD � Title: Vice .., .. • •� •rye .•� � FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-19 EXHIBIT A CONTRACT DOCUMENTS Document Date PLANS: 8/26/99 Sheet T1 Information Sheet Sheet C1 Site Plan Survey Sheet C2 Site Plan- Grading, parking, and storm drainage Sheet C3 Site Plan- Site lighting utilities Sheet L1 Site Plan- Landscape Sheet L2 Courtyard Landscape Plan Sheet Al Existing First Floor Plan- Concrete Repair and Demolition. Sheet A2 Existing Second Floor Plan- Concrete Repair and Demolition Sheet A3 Existing Street Elevations- Concrete Repair and Demolition Sheet A4 Existing Courtyard Elevations- Concrete Repair and Demolition Sheet A5 First Floor Plan Sheet A6 Second Floor Plan Sheet A9 Roof Plan Sheet Al Roof Details Sheet A11 Building Elevations Sheet Al Courtyard Elevations, Porch Hidden Elevations Sheet A13 Building Sections, Portico Section Sheet A15 West Tower Plan, Elevations, and Section Sheet A16 East Tower Plans, Elevations, and Section Sheet A17 Stair Floor Plans, Section and Details Sheet A20 Interior Elevations Sheet A20.5 Interior Elevations Sheet A23 Reflected Ceiling Plan- First Floor Sheet A24 Reflected Ceiling Plan- Second Floor Sheet A27 Partition types, raised floor types, and details Sheet A28 Interior finish schedule Sheet A29 Interior finish schedule Sheet A31 Window schedule -1 floor plan, existing window detail Sheet A32 Window schedule- 2 nd floor plan, new window details Sheet A35 Door schedule Sheet A37 Floor details- exterior Sheet A38 Door details- interior, door types Sheet A43 Life safety plans- first floor Sheet A44 Lifesafety plan- second floor Sheet S -1 West tower: foundation, plan, first floor plan, second floor plan, roof framing plan, beam schedule, auger pile detail. Sheet S -2 East Tower: foundation plan, first floor plan, second floor plan, roof framing Ian, column detail sections, details Sheet S -3 Floor plan, roof framing plan, column detail sections, details Sheet S-4 Stair details, elevator tower section, roof /floor repair detail Sheet S -5 Notes & Specifications Sheet S -6 Roof plan, partial roof framing plan, chiller framing plan Sheet S -7 Sections, detail FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-20 Sheet M -1 Legend, notes & abbreviations Sheet M -2 HVAC first floor plan Sheet M -3 HVAC Second floor plan Sheet M-4 HVAC first floor mechanical plan Sheet M -5 HVAC second floor mechanical plan Sheet M -6 HVAC mechanical roof plan Sheet M -7 HVAC schedules Sheet M -8 HVAC schedules cont'd Sheet M -9 HVAC details Sheet M -10 HVAC chiller & hydronics plan Sheet M -11 HVAC chiller details and schedule Sheet M -12 HVAC control -vas system diagram Sheet M -13 HVAC controls- chiller plant Sheet M -14 HVAC controls- AHUS & VAV boxes Sheet M -15 HVAC controls -100% O A unit control diagram Sheet M -16 HVAC controls- VAV box control from SSME Sheet P -1 First floor plumbing Sheet P -2 Second floor plumbing Sheet P -3 Plumbing enlarged plan and riser diagrams Sheet E -1 Lenend, notes and fixture schedule Sheet E -2 Electrical- site plan Sheet E -3 Electrical- first floor lighting plan Sheet E-4 Electrical- second floor lighting plan Sheet E -5 Electrical- first floor power plan Sheet E -6 Electrical- second floor power plan Sheet E -7 Electrical- first floor power & systems plan Sheet E -8 Electrical- second floor power and systems plan Sheet E -9 Electrical- roof plan and lighting protection plan Sheet E -10 Electrical- power one -line diagram Sheet E -11 Electrical- systems one -line diagram Sheet E -12 Electrical- panel schedules Sheet E -13 Electrical- panel schedules Sheet E -14 Electrical- details SPECIFICATIONS 611199 ADDENDUM NO. 1 6/23/99 ADDENDUM NO. 2 7/1/99 ADDENDUM NO. 3 7/8/99 BID PROPOSAL 7/15/99 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-21 o �c � n 0 7o Cal tri > � m W 0 p � z 1 V =0 r I � 1 H W i llt�,, > En b -lip d P O 0o �r In o > En 4 F-r 0 CA d a b 0 O 0 CA y CA 9 1 0 O z �O �O W tri ' 'd M � CD o O < r M 0 M ��1 M � * i O . 0 n 0 N N (A y N w w O O y N ° O O 00. m p O O O O 46 ta 69 fA O Pb O O G o r C ` o ° o. V9 6q 61 NO ° O p pO O O v O C N ° o o 0 0 0 \ ° d, W W W L o -4 w W o g W a g c o 0 r� d O 0 CA y CA 9 1 0 O z �O �O W tri ' 'd M � SECTION 00110 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: D.L. Porter Constr., Inc. 6574 Palmer Park Circ Sarasota, FL 34238 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: 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. (Total Base Bid - words), &? ��Cl�GKvllars. 1. Alternate No. 1: The Base Bid on the first floor, includes wood flooring, glued to a DURA- CAP substrate. State the amount to be deducted from the Base Bid to eliminate the wood flooring system, and substitute thin set quarry the and base over a leveling coat of DURA- CAP. Deduct from the Base Bid -P Dollars Words BID PROPOSAL 00110 -2 2. Alternate No. 2: The Base Bid includes fire resistant glazing in interior fire rated transoms, fire rated glass wall systems, fire rated sidelights and fire rated glazed doors. State the amount to be deducted from the Base Bid to omit the specified fire resistant glazing and substitute wire glazing, diamond pattern, instal le as regyjred by code for a fire rated assembly. '44,6 A-* X*Kw�-�" `1xu. �r./.ti✓frrr� Deduct from the Base Bid IDe wc�� 42 3D 7 Dollars Words 3. Alternate No. 3: The Base Bid includes aluminum fencing with concrete masonry unit piers on auger cast piles 4' -0" into grade, along the west, south and east property lines. State the amount to be deducted from the Base Bid to omit all the aluminum fencing, auger cast piles, and piers, and leave the existing chain link fence along the west property line. Deduct from the Base Bid 4r/ /A�9 Dollars Words <3 3,2 73 4. Alternate No. 4: In lieu of Alternate No.3 above, state the amount to be deducted from the Base Bid to omit the aluminum fencing, auger cast piles, and piers, from the south and east property lines only. Under this alternative, new fencing will be installed at the west property line only. Deduct from the Base Bid 4L-e s r� �.wra�.�l Oxt Dollars Words ' 0 � OG/ j 5. Alternate No. 5: The Base Bid includes 3/4" BC PT plywood, installed horizontally, at partition types 11,12 and 14. State the amount to be deducted from the Base Bid to omit the horizontal 3/4" BC PT at partition types 12 And 14. Deduct from the Base Bid Ac Dollars Words , /,006 } 6. Aftemate No. 6: The Base Bid includes providing one rotary screw chiller and installing two roof mounted screw chillers.. State the amount to be deducted from the Base Bid by deleting the purchase of this rotary screw chiller, only. Installation of the two chillers and associated piping, and wiring remains as p of the Base Bid. Deduct from the Base Bid -��G 7'��a«� ollars Words /.3G / o00> 7. Alternate No. 7: The Base Bid includes payment of construction permit fees required by the City of Key West. State the amount to be deducted from the base bid should the City waive these fees. Permit fees are calculated by the Building Department at the rate of $24.00 per $1,000.00 of valuation. Deduct from the Base Bid �& Dollars Words 0/0, o00 8. Alternate No. 8: The Base Bid on the second floor, includes wood flooring on a plywood subfloor. State the amount to be deducted from the Base Bid to delete the wood flooring and substitute the specified carpet over pad. Under this alternate the wood base will be changed to 4 inch rubber cove base. Deduct from the Base Bid Y/� Dollars Words < 7 aoo.� 9. Alternate No. 9: The Base Bid includes all construction and finishes for "Tower West ", the two story break room tower. State the amount to be deducted from BID PROPOSAL 00110 -3 the base bid to delete the break room tower in its entirety, including foundations. Landscaping will be modified as to location, but types and number of plants will not be changed. Under this alternate, install the typical window unit complete with impact resisting glazing at the second floor openings and locate door No. 216 accessing the courtyard, including its landing and ramp, at the opening currently accessing Room 1 -216. Deduct from the Base Bid Ae �rr..�� -� /jwn � Dollars Words Gil % 000? 10. Alternate No. 10: The Base Bid includes glass transoms as shown on the drawings. State the amount to be deducted from the base bid to delete glass transoms from corridor walls north and south of the central courtyard running from column line 4 to column line 8, a total of eight (8) 16 foot bays, leaving the wall open above. Therefore, these partitions, Type 7 under the base bid will become Type 4 partitions under this alternate. Also, change partition Type 5 to Type 4 at the east wall of Room 2 -269. D uct from the Base Bid Dollars Words 11. Alternate No. 11: State the amount to be deducted from the Base Bid to change all type "D" doors to type "E" doors. Deduct from the Base Bid w-Dollars Words I acknowledge receipt of Addenda No.(s) No. 1 Dated 6/23/99 No. 2 Dated 7/1/99 No. 3 Dated 7/8/99 No. Dated No. Dated I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form X , the required Bid Security X , the Non - Collusion Affidavit X , and the Lobbying and Conflict of Interest Clause X . In addition, I have included a certified copy of Contractor's License. (Check mark items above as a reminder that they are included.) BID PROPOSAL 00110 -4 Mailing Address: 6574 Palmer Park Circle, Sarasota, FL 34238 Phone Number. ( 941) 929 -9400 Date: 7/15/99 Signed: . C. C. Marshall White (Name) Slice President (Title) Witness: (Seal) BID PROPOSAL 00110 -5 SECTION 00110 NON - COLLUSION AFFIDAVIT 1, C. Marshall White of the city Sarasota, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. lam Vice President of the firm of D. L. Porter Constr. . , Inc. the bidder making the Proposal for the project described in the notice for calling for bids for and that I executed the said proposal with full authority to do so; 2. XX the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, 3. XX 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 prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4. XX 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. XX the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. � of Bidder) � Jas J4q (Date) STATE OF: FLORIDA COUNTY OF: SARASOTA PERSONALLY APPEARED BEFORE ME, the undersigned authority, C. Marshall White who, after first being sworn by me, (name of individual signing) affixed his3Atr signature in the space provided above on this 15th day of July , 19 NOTARY PUBLIC BID PROPOSAL 00110 -6 PAUi�rre JI:IAIELL My commission expires: A ,.. :.: MY COMMISSION r cx 66M Jrz EXPIRES: July 16. 2000 ftWed Thru notary Pdit MiWWOh a BID PROPOSAL 00110 -6 SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE D:L. PORTER CONSTR., INC. (Company) warrants that held has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: July 15, 1999 STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed) before me on July 15, 1 9 9 9 (date) by C.:. Marshall White (name of affiant). He/Shmis personally known to me ioxba+ Tm*=x* as identification. (type of identification) NOTARY PUBLIC My commission expires: PAULUM F JEWML Mr COMIAMIM # CC 6H W EViMs: J* 1e, 2000 BID PROPOSAL 00110 -7 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: D.L. PORTER CONSTR., INC. (Name 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 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 commodities 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 employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. 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 through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature 7/15/99 Date MCP#5 REV. 6/91 BID PROPOSAL 00110 -8 00310 SUPPLEMENTARY BID FORM FOR UNIT PRICES TO: Monroe County hereinafter called "Owner' 1. The undersigned, having examined the proposed Contract Documents titled: Restoration and Adaptive Use of The Gato Cigar Factory Monroe County 1100 Simonton Street Key West, Florida 33040 and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the Work as required by said proposed Contract Documents. The following prices include all General Contractor mark -up and are net to the Owner. 2. Should additional concrete repairs be required, the undersigned proposes the following unit prices. A. Overhead spalled concrete slab patching not requiring complete slab replacement. 1. Unit price for each additional sq. ft. of slab area: DOLLARS ($ B. Spalled concrete beam repairs per lineal foot of beam. 1. Unit price per lineal foot of beam. DOLLARS ($ �kr6 - /o� 6� C. Spalled concrete column repairs. 1. Unit price per lineal foot of column. DOLLARS ($ 7ft3. .! L6 SUPPLEMENTARY BID FORM FOR UNIT PRICES 00310 -12 D. Cracks in concrete repaired using epoxy injection methods. 1. Unit price per lineal foot of crack. • - DOLLARS ($ 3. Should the Owner elect to add additional back mounted acoustic wall panel, the undersigned proposes the following unit price: A. Acoustic panel in place, complete. 1. Unit price per sq. ft. 4. 5 DOLLARS ($ 7 �� The undersigned understands and agrees to comply with and to be bound by any instructions to bidders issued for this Work. The undersigned acknowledges receipt of Addenda: NO. DATED: 6/23/99 NO. DATED: NO. DATED: � 9 NO. DATED: No. DATED: 7/8 7 - 99 NO. DATED: BIDDER: D .L. PORTER CONSTR., 1NC. BY: C �nGY�C� ADDRESS: 6574 Palmer Park Circle Sarasota, FL 34238 LICENSE NO CGCO51066 / C GCA51066 LICENSE TYPE: General Contractor Bid dated this 15 day of July — .19 - 9 - 9 SUPPLEMENTARY BID FORM FOR UNIT PRICES 00310 -13 0 15:45 1S41929950@ DLPORTtR PAEE 03 SUB, TI T UTION LIMNIG T0: 'MONP%,02 COUtNTY, here a'.1cr called 'Owner" Pursuant to bidding requirements for the work titled: Gato Building Monroe County Restoration & Adaptive Reuse of the Gato Cigar Factory 1 100 Simonton Street, Key West, Florida The Contract sum proposed by the undersigned on the bid form is for wort; shown on the Drawings, described in the Specifications, and otl:envise defined in the Contract Documents.' However, the undersigned proposes the following substitutions for the owner's consideration. Should the Owner accept any or al: of the proposed substitutions, the bidder's proposed Contract Sum will be reduced by t he amount shown. The proposed substitution wilt not be used in determining the apparent low bidder. M da;t ,o l 5lubrmitta s after the aw1T�! may be required to determine if the proposed substitution will be acceptable. 2. SpeciFed Drawing Proposed prcduct number reduction or or Spec. Proposed in Contract material: Section: substitution: Sum: Service/ Change voltage to 277/450 Relocate main & ATS /j G er.set E -10 t o gen . bldg. fi am Lightning P rotect ion 16670 P rovide Class I ,instal - ation pip T esting /ID 16602 Test an,d Label per NFPA70 / o Conduit/ C ables 16110 /1612 0 Provide /i nstall per 1999 NE S PR0V SIGNATi.iR.i=. MENTICAL TO TI`LEA SHOWN ON THE BUD F0R'bi 13IDDER: D.L. Porter Constr., Inc. SU72,S7 TUT:(JN T..1STMi 3 004 • t AC# 557.85 fir, - - - - - -- - STATE OF FLORIDA 1•. b,; DE1yAR7ME SINESS 'ANb 'i�ROFESSIONAL CONST r .INDUSTRY LICENSING BOARD, G' �7l7 !!7lT11�1111111 *r'T — �F7 o7�l�r era.�e ' ... n "r.. ,r. - �1. , i•a! d Ma.. I Ir I. �.. 107/01/1999199000000 1 CG — CA51066 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2000 LOER, GARY ALAN D L PORTER CONSTRUCTORS INC 6574 PALMER PARK CIRCLE SARASOTA FL 34238 JEB GOV BUSH DISPLAY AS REQUIRED BY LAW CYNTHIA A. HENDERSON GOVERNOR SECRETARY 1' I t J i W t = t � i MW _ S 1 O 1 Q t r.i s j ,, LLI 1 z' 1 Om 3 Oz 0 Mw w j IL (L) ¢ I LL AJ C 1 Q> W it y I I WD I } g In Z A 1 "Z m N �-+ I Z O D CAN i W 0 � t+.. Z (A O ., .., . V rd I OO Z V, vi Z "t ,I ~" I �U V . I Z '' �'. Z WJ W J V, OJLA. [� O -u , H W m O H Q st [t, I IL <W cr- F 1 A ^ O - a-i Z (n m 1 d' - O ZIXaV) OW-M QZQ JOE En I - CID UL.1` <[U W i 1 00 o: =) JUI1Q a >-SW J "S I Co Qy; QHo XWZ '. SO ! I Q< Ix a .. QF--JQ UZ M Z ir ° m CL IOL o> I U3 (p.: t9.i a tr. a ¢ F-O Qr :,,,,. m OJ�a 30 ' I¢ gLO E -C JQ�U! J i I p j I MAY MON 11:58 AM P. 2 05/22/2000 11:40 9419299636 DL PORTER CONST PAGE 01/01 i as NONE �-'p 0 C3 of C3 C) ♦ n W. ' --4 . C* . ton M M-f 4k-r' C2 Wm (A o C's u CP U Vol . . . . . . C2 L40 do• W �' � �, .0 C21 C3 "V fi 0, :2 0 0 1 ZMM M N (A z ZM8 r 0 z i z PIDJ -V4 z fra Joao )p Wtlm 31v0 u JA VOLoynoo XVI x H91H)t M C3 Z 0 > c z C3 0� cl 0 C2 c Cos C3 0 0. 11 - "o%r'42 oa C3 --c jpulo w-4F"r C* CA 0 40, vo . n o l . . IV , a C3 M -ism r;u> M O-C 0 x MAC 40 lb. >C;= -CA as NONE �-'p 0 C3 of C3 C) ♦ n W. ' --4 . C* . ton M M-f 4k-r' C2 Wm (A o C's u CP U Vol . . . . . . C2 L40 do• W �' � �, .0 C21 C3 "V fi 0, :2 0 0 1 ZMM M N (A z ZM8 r 0 z i z PIDJ -V4 z fra Joao )p Wtlm 31v0 u JA VOLoynoo XVI x H91H)t M C3 Z 0 > c z C3 0� cl 0 C2 c May -24 -2000 11:11am From -CITY OF KW BUILDING i ENGINEERING 3052828278 T -605 P.001 /001 F -071 t ` 1 >j"S1 ) •� {�'� ", rditl,)nu,j BAIIgETTAND COMPANY, INC. f30616"8 � � • p o W to 1. O a 41 cn �11# '{� t� , ; r,) !' t • �N. b p n w n I7 N •, Je ��qq w K m r„• fi 1 r it N ►�+ r nl M z rt d r j +S 1. r �6 r I \ £T`! ir4 ,�.b • r ID IZ n O w rt ; 1? 7rtt N,. �' 40 p In b :>: rII� "• _ r Sl Ar a1 Tyl -I 0 ty rj / r %, ur b r,Xf A i d p U j r t to 06 th to y t . •9 , r r t1 p rt' ,1 PY Cn 1, Pr �d 'W b - O.r .. .. .. .. .. .. .. ►+ U rt 5bi N 7'1 rA 1' F' O rl \ w v r 4 F c �� 14 �h�' d 1 ' `, r� lw yl fl O at O �p p e 1� r L� 9 1 "�t C), ;a , {� y'r °•,. ' ' f 't ~ } {,6 + 4: i C.. v r R K M• ,•, +,!i r' 1 a a t ' f 1 j lti r usR'i `rl�l+! if day 1 W O O r�'• 1 ;; } T•t�li '!'+ + „T r ''ire r iN• r lrr :�._ - kNbti, ri5r,xyy � �' 4 +,_'� . O� v► "C +v w O �- G S to , ' f t y t� % N Y CS '� N• M { r 6, r R (' V Z I�.N W o ^ 7rr r - tr S! ° 4 1 , 1 �+a ,� 1 b e y( 'ln I ` � 1 7 /r , • # t r . h �A� rl 0 7r �' �' f1r. 1 1��31y' + �� r r• 1� �M /1 Y•i t t 4 I LS0.� 0 r " ..� N � T+ .i �� t t, °�+ x7, i' , 17•• � ,l r+ t✓ `_, r � r r? , xl, N ° n 1 r �� . • :� W d r� +r ,re y +;.r " "P w t' 4 ° � r Dr+ S 1r1 y .. �, �r 7 I'' }.� W f •�l O A•.,., ►'.' t q r �' . t �.— .t � r 1 !S}� r 1 �S � ,.n: � \,� 1 r � r . - O C O (� . � v 7. ^�'k^ ,, �(.� +,' ' Ii r t r rr a r ��, J • jl t 4 �- � ~�•; l� � ) 1 � .; �� ° M• "r 'i qt o' �W �`,.+ f J' l 1' N to •i N � tl +� r � +• t k r' Lo 6 _. r f - r v y l u7 )�. *' ;x1 " 1i , + Q ► tD •.0 � N N W 1 ,li S ' o r 1,, ' t 41 ��Y� 5•F � { 7 . r ` y rti' • - W ~, 1 h..' t� ter 1�, + ., �. CD 0 �. ? �� J �+ �:r � r r + - � CS - tf F+ - '.1 1 � • . ,�,� !.a ' �'r rr� ',, Ptit r { �' 7 r Z,.,. I O O O z c.., n y �t1 t��r{�;r a3..a I�,t r t. . -, „� _ .rCr',�! • 'y` fir, tt'�lt O ,r r •, ; , liar t °` y,► + k� + {�,J r Anil, >T , .t "I.i;•' F4l R . � k ✓" R ln , y•l) i 1l rrE r�i r � ei -. r. _ -, .. � �r.'71 �1�1r a Cj T i' . s r i. u w. A r t „ �Ri (�x1 �, t ', i � +} r ,' x �, 1 r , 1t •. tf k ��? .d � a a 3 r•.. , - S 1('7 �r St .' 1 is K' r1 �� I 1 c� El IP�t c, °�° a f., i ,r 1 �' � 1 } •:1�i' r t II �P,' 1 V, I�ttl k fCtrlr r x �, .,f " Z + 11 Y 1(,h� t 4 r'h t �� i �� rn"'r�� • �t � r P ! - r 5 l - -• -' .. ', � A r PiR i � rt4d , , . fir }• !, � c 4i t w , hf t rY . � + _ �_. — ,.,.— —� —r –.� •-^� �_ T, � (a,( � 1�$ t�rx^r + y n % �� `'.•{�y;, 7 • . r te, �r `� t _ E ►�-'� � �. J af� i!. Jv + ML r 4 r� YYR.x� 'Y�*1 4 }�ti� + y � + � 1 _ ' , � � r� Y + ` " i 4� •r'r,i�k�� 12�1 tiY f�v �Y �7 + ' e "�y ) '' rti �+ '.'1u1 r' ✓ .j t � ✓!�v�,Sy�,rYN.tyP t' a`Sr � , ^or 7 ".t � ; 1T r . 7 r • l r tf M 1'•ty v - { 4 b. L+ +,��; t. �,�,. f,.:r.'. . 1998 -1999 FA ILITIES OR MACHINES ROOMS M O N R O E OCCUPATIONAL TAX ACCOUNT 30140 - 0060602 STATE OF FLORIDA EXPIRES SEPT. 30, 1999 MUST BE DISPLAYED IN CONSPICUOUS PLACE SEATS EMPLOYEES 6-1 TYPE OF BUSINESS 30140 GENERAL CONTRACTOR BUSINESS ADDRESS MO C T Y 00 - COUNTY OF MONROE NAME D L PORTER CONSTRUCTION I MAILING LOE R GARY A QUAL ADDRESS 6574 PALMER PARK CIRCLE SARASOTA FL 34238 9 -9 -98 CHG ADD PER OWNER( THIS BECOMES ATAX HARRY F. KNIGHT CF C TAX COLLECTOR RECEIPT WHEN VALIDATED P0 BOX 1129, KET WELT FL 33041 -1129 0000000000 0000002500 0000301400060602 1001 8 SUPPLEMENTAL RENEWAL NEW TAX TRANSFER ORIGINAL TAX 25.00 2000 AMOUNT D.L. PORTER CONSTRUCTIO, INC. PENALTY 4032 COLLECTION COST 6574 PALMER PARK CI$ TOTAL mu") 25.00 •r o+ Lic Nbr /Class 99 04037 CONTRACTOR - CERT —•...m — Itnx7� m Issue date 10/07/98 Expiration date 00 o-[ • o . 250.00 O f , n Cft® —+ , 00r• . .00 -M m . 29 Total . . . . . 250.00 Gn O —12 A Comments . . . CERTIFIED GENERAL CONTRACTOR GN►+00 _ THIS IS ONLY A YOU MUST MEET ALL COUNTY PLANNING AND ZONING REQUIREMENTS. CITY OF KEY WEST, FLORIDA Occupational License A City Occupational License is a business tax. s �U" zoni and use ° Holder must meet all City 4 provisions, m M'`' P.O. Box 1409, Key West, Florida 33040 (305)292 -8131 N •. M .Ii d .N d 4 d Business name D.L. PORTER CONSTRUCTIO, INC. Ctl nbr 4032 Location addr 6574 PALMER PARK CI$ mu") •r o+ Lic Nbr /Class 99 04037 CONTRACTOR - CERT GENERAL CONTRACTOR m Issue date 10/07/98 Expiration date 9/30/99 Lic Fee . . . . 250.00 Cft® —+ Penalty . . . . .00 . 29 Total . . . . . 250.00 A Comments . . . CERTIFIED GENERAL CONTRACTOR This license must be prominently displayed. D.L. PORTER CONSTRUCTIO, INC. 6574 PALMER PARK CIR LOER GARY ALLEN SARASOTA FL 34238 THE AMERICAN INSTITUTE OF ARCHITECTS ' t AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we D.L. Porter Constructors, Inc. ( Here insert full name and address or legal title of Contractor) 6574 Palmer Park Circle, Sarasota, FL 34238 as Principal, hereinafter called the Principal, and The American Insurance Company (Here insert full name and address or legal title of Surety) P.O. Box 18025, Tampa, FL 33679 a corporation duly organized under the laws of the State of Nebraska as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners (Here insert lull name and address or legal title of Owner) 5100 College Road, Key West, FL 33040 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid Dollars ($ s% - - - ), 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 (Here insert full name, address and description of project) Restoration & adaptive reuse of the Gato Cigar Factory 1100 Simonton Street, Key West Florida 33040 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 is day of July 1999 D.L. Porter Constructors, Inc. - (' �'� (Principal) (Seal) Paulette Jew tness) e r V�r C . Mars all White, (Htl ice Pres. The Amexiican In ce Company (Surety) (Seal) SI ED: (WI ess) Sa a Dufresne � mos 31 tle) Attorney -in -Fact Mirna Ramos Florida License Resident Agent WC0054 ' BID BOND ' AIA ® ' FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20000 1 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated -in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint James W. Dunn, Mima Ramos, David H. Carr, and Denise Taylor, Tampa, FL their true and lawful Attomey(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds undertakings recognizances or other written obligations in the nature thereof • for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and /or final estimates. -------- - - - - -- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies:" IN WITNESS WHEREOF, the Companies have caused these p resents to be signed by their Vice- President, and their corporate seals to be hereunto affixed this 04 day of December 1998 . Jp C ��• ""rc . v ,�M.S f Y rr�yti, �:o�ue`IE wS& `t NATIONAL SURETY CORPORATION E TY r w J FIREMAN'S FUND INSURANCE COMPANY � � o � _ % �� f � � _ � :• — •— • '.F. = THE AMERICAN INSURANCE COMPANY sErr a rro t ; ° z 1 SEA L 1 8 1 - ASSOCIATED INDEMNITY CORPORATION u ) * 1. + ' 11 AMERICAN AUTOMOBILE INSURANCE COMPANY sti ' •.,.. 'NCr co`" 1... r k . Tours Y ' eb •.a1ap,MN \ \ \.•\ 4h11 a11•M V By STATE OF CALIFORNIA ss. I Vic -Presidelu COUNTY OF MARIN On this 04 day of December 1998 , before me personally came M. A. Mallonee to me known, who being by me duly sworn, did depose and say: that he is a Vice - President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seats; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. i L OCAMPO Commission # 1163726 i r.s Notary Public - California Main County by Comm, Expires Nov 2B. 2001 Notary Public CERTIFICATE STATE OF CALIFORNIA I ss. • COUNTY OF MARIN , I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 15th day of July 1999 P(GTY , 0e 11... .. t� $ � o \ .a. , P �q Q C f yG� �ii��.yl, r d', , �pOtIE ` \JUN, 4. Q �o O ;.�' ' [�y j ��: •'�'.~� . /fi • r G ' •'�'` —•— ;¢_ ] SEPT 970 a s • 1Tlr - _ — -' s „ ( �' {fir ; 6 E A L ; S -° — b _ �� •• • � LL + T ,_ �• �LR... _ -nJ ,. J {1m< M0 Reside.n nssivanl Secretary EXHIBIT B INSURANCE REQUIREMENTS GENERAL INSURANCE REQUIREMENTS INSURANCE CHECKLIST GENERAL LIABILITY GI-3 VEHICLE LIABILITY VI-3 WORKERS' COMPENESATION WC3 BUILDER'S RISK BR2 WAIVER OF INSURANCE REQUIREMENTS REQUEST FOR WAIVER FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-22 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre - staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (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 contract 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. 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 contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Administration Instruction #4709.3 10 1996 Edition 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. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.3 I 1 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Statutory Limits $100,000 /$500,000/$100,000 $500,0001$500,000 1$500,000 $1,000,000 /$1,000,000 /$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST Administration Instruction #4709.3 X Workers' Compensation WC 1 Employers Liability WC2 Employers Liability WC3 XX Employers Liability WCUSLH US Longshoremen & Harbor Workers Act WCJA Federal Jones Act Statutory Limits $100,000 /$500,000/$100,000 $500,0001$500,000 1$500,000 $1,000,000 /$1,000,000 /$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST Administration Instruction #4709.3 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GL 1 GL2 GL3 GL4 Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) Liquor Liability GLLIQ GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST X $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Administration Instruction #4709.3 5 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non - owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VU XX $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR2 X Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 250,000 per Occurrence /$ 500,000 Agg. PRO2 Liability $ 500,000 per Occurrence /$1,000,000 Agg. PRO3 $1,000,000 per Occurrence /$2,000,000 Agg. POLI Pollution $ 500,000 per Occurrence /$1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence /$2,000,000 Agg. POL3 $5,000,000 per Occurrence /$10,000,000 Agg. ED 1 Employee $ 10,000 ED2 Dishonesty $100,000 GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) INSCKLST Administration Instruction #4709.3 6 1996 Edition MED 1 Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,0001$ 1,000,000 Agg. MED3 $1,000,0001 3,000,000 Agg. MED4 $5,000,000510,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS -90) VLP2 Cargo $ 500,000 (Requires MCS -90) VLP3 Transporter $1,000,000 (Requires MCS -90) BLL Bailee Liab. Maximum Value of Property HKL1 Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEO1 Architects Errors $ 250,000 per Occurrence /$ 500,000 Agg. AEO2 & Omissions $ 500,000 per Occurrence /$1,000,000 Agg. AEO3 $ 1,000,000 per Occurrence /$3,000,000 Agg. EO1 Engineers Errors $ 250,000 per Occurrence /$ 500,000 Agg. EO2 & Omissions $ 500,000 per Occurrence /$1,000,000 Agg. EO3 $ 1,000,000 per Occurrence /$3,000,000 Agg. INSCKLST Administration Instruction #4709.3 7 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Gato Building Renovation BETWEEN MONROE COUNTY, FLORIDA AND DL Porter Construction Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 Administration Instruction #4709.3 55 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Gato Building Renovation BETWEEN MONROE COUNTY, FLORIDA AND DL Porter Construction Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 Administration Instruction #4709.3 82 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT Gato Building Renovation BETWEEN MONROE COUNTY, FLORIDA AND DL Porter Construction Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC3 Administration Instruction #4709.3 89 1996 Edition BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT Gato Building Renovation BETWEEN MONROE COUNTY, FLORIDA AND DL Porter Construction The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood Vehicles The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. 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. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. BR2 Administration Instruction #4709.3 43 1996 Edition MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. Administration Instruction #4709.3 101 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: _ Meeting Date: Administration Instruction #4709.3 Not Approved: 102 AGURD CERTIFICATE OF LIABILITY INSURANCE D DD DATE (MM /DDlYY POR -1 05/04/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Roger Bouchard Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 Starcrest Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33758 -6090 Phone:727- 447 -6481 Fax:727- 449 -1267 INSURERS AFFORDING COVERAGE INSURED INSURER A: OWNERS INSURANCE COMPANY INSURER B: RLI D. L. Porter Construction, Inc & D.L. Porter Constructors, In INSURER C: AUTO OWNERS INSURANCE CO 6574 Palmer Park Drive INSURER D: FCCI INSURANCE CO Sarasota FL 34238 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY A X7 COMMERCIAL GENERAL LIABILITY 20506438 ! 01/09/00 01/09/01 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Anyone fire) $ 50000 — CLAIMS MADE L L X, OCCUR MED EXP (Any one person) $ 5 0 0 0 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 1000000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1000000 'i POLICY RO- 1 P LOC JECT AUTOMOBILE C X' LIABILITY ANY AUTO 9627162200 01/09/00 01/09/01 COMBINED SINGLE LIMIT (Eaaccident) $ 1000000 BODILY INJURY (Per person) $ 1 � X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS r NON -OWNED AUTOS , -- BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ . -- GARAGE LIABILITY — ANY AUTO vG� AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ $ AUTO ONLY: AGG LIABILITY EACH OCCURRENCE $4000000 B � EXCESS � OCCUR CLAIMS MADE OUL0033125 01/09/00 01/09/01 AGGREGATE $ 4000000 Retention $$0 DEDUCTIBLE $ $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 40266 01/01/00 01/01/01 TORY LIMITS ER E.L. EACH ACCIDENT _ $ 1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE - POLICY LIMIT $1000000 OTHER i DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: Gato Building Renovation 1100 Simonton Street Key West,FL. Certific to MONROE COUNTY 1kW4AGFk1ENT holder is also additional insured as respects general liability. ONSTRUCTION MAY 18 2000 TIME' I lvs -u�� L I AUU1 I1UNAL INaUKCU; IKJUKCK LC I I CK: 1,N19N CLL✓1 I I%JN 1 - MONROE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN MONROE COUN'T'Y BOARD OF COUNTY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COMMISSIONERS 5100 COLLEGE ROAD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR KEY WEST FL 33040 C'I —' REPRESEN ATIVES. D ATE ACORD 25-S (7197) CORPORATION 1988 MONROE COUNTY PERFORMANCE AND PAYMENT BOND CON'�TRW'Tim ant +,r. =AAENT (Public Work) MAY 12 2000 In compliance with F.S. Chapter 255.05(1)(a) TIME: _ REGEIVED BY: Bond No.: 11141689494 CONTRACTOR: Name: D.L. Porter Constructors, Inc. Phone No. (941) 929 -9400 Address: 6574 Palmer Park Circle Sarasota, FL 34238 SURETY: Name: The American Insurance Company Phone No. (813) 287 -3022 Address: P.O. Box 18025 Tampa, FL 33679 OWNER: Name: Monroe County Board of County Commissioners Address: 5100 College Road Key West, FL 33040 OBLIGEE (If contracting entity is different from the owner, the contracting public entity) Name: Address: Bond Amount: $3,937,789.00 Contract No (if applicable) Description of Work: Gato Building Renovations City of Key West Project Location: Monroe County, Florida Legal Description: FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re- printed thereon. THE AMERICAN INSTITUTE OF ARCHITECTS ii Inquiries: 813 - 281 -2095 Bond No. 11141689494 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 OWNER (Name and Address): Monroe County Board of County Commissioners 5100 College Road Key West, FL 33040 SURETY (Name and Principal Place of Business): The American Insurance Company P.O. Box 18025 Tampa, FL 33679 CONSTRUCTION CONTRACT Date: Amount: $3,937,789.00 Description (Name and Location): Gato Building Renovation City of Key West - Monroe County, Florida BOND Date (Not earlier than Construction Contract Date): Amount: $3,937,789.00 Modifications to this Bond: E] None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) B.L. Porter Constr ctors, Inc. Signature: C' , Name and Title: C. Marshall White, VP (Any a dditional signatures appear on page 3) SURETY © See Page 3 Company: (Corporate Seal) The Americ I suran a Com ny Signature: Name and Title: Mi=na Ramos / Attorney -In -Fact Florida Licensed Resident Agent (FOR INFORMATION ONLY -Name, Address and Telephone) - _AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis Corroon Corporation of other party): Florida 7650 Courtney Campbell Causeway, Suite 920 Tampa, FL 33607 (813) 281 -2095 WC -1852A ' PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312 -1984 1 THIRD PRINTING ' MARCH 1987 '11 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in ac- cordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4-1k ! !: derfak4 to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execu- tion by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and result- ing from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unre- lated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to re- lated subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the pro- visions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- WC -18528 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA OO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312 -1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signa- ture page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conform- ing to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a com- mon law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract after all proper adjustments have been made, including allowance to the Contractor of MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.40wner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. THE PROVISION AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE TO THE' CONTRACT, ARE INCORPORATED IN THIS BOND BY REFERENCE. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: WC -1853A • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING • MARCH 1987 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint James W. Dunn, Mirna Ramos, David H. Carr, Denise Taylor or Kimberly A. Waller of Tampa, FL their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the natuie thereof----- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, herebyratifj ing and confirming all that the said Attomey(s )-in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice- President, and their corporate seals to be hereunto affixed this 1st day of December , 1999 aauurr ajAN'S IG 1@�WN4r,•.f� 44�u4 3EPLAf170 Y e . FpJ $ G • • : 8 E A L sr 1 : # v r s - • • � •�'� •— � Cr C ��NCE C 41 • • STATE OF CALIFORNIA I SS. COUNTY OF MARIN FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY By qt, . Vice- President On this 1st day of December 19 9 9 , before me personally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. STATE OF CALIFORNIA I SS. COUNTY OF MARIN CERTIFICATE i - ob Notary Publi I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the day of , y e, `` atf fl / ►C a•�'►wN•S FG •l'gsM„yM�s-�'� �, ''A"w, • SEPT.1670 �+ : • • k INEAL!a 5- � �� ,. �'wcE GO 44 �MCE COJar "�'� Resident Assistant Secretary 1y THE AMERICAN INSTITUTE OF ARCHITECTS Inquiries: 813- 281 -2095 Bond No. 11141689494 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): D.L. Portez Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 OWNER (Name and Address): Monroe County Board of County Commissioners 5100 College Road Key West, FL 33040 SURETY (Name and Principal Place of Business): The American Insurance Company P.O. Box 18025 Tampa, FL 33679 CONSTRUCTION CONTRACT Date: Amount: $3,937,789.00 Description (Name and Location): Cato Building Renovation City of Key West - Monroe County, Florida BOND Datc (No! earlier than I- nstruc *.ion Contract Date): Amount: $3,937,789.00 Modifications to this Bond: ❑ None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) A.L. Porter C t uctors, Inc. Signature: Name and Title: C. Marshall White, VP (Any additio signatures appear on page 6) UNTI © See Page 6 Company: (Corporate Seal) The Amex I sura a Co any Signature: Name and Title: Mirna Ramos / Attorney -In -Fact Florida Licensed Resident Agent (FOR INFORMATION ONLY-Name, Address and Telephone) - AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis Coxxoon Corporation of Other party): Florida 7650 Courtney Campbell Causeway, Suite 920 Tampa, FL 33607 (813) 281 -2095 WC -18538 ' PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED. - AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312 -1984 4 THIRD PRINTING " MARCH 1987 ' I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim -- - - and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- lenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice re- quired by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or. a gUp'!ne- .t--- taccre •`��Shed by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limita- tion available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said stat- utory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this WC4853C - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: THE PROVISION AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE TO THE CONTRACT, ARE INCORPORATED IN THIS BOND BY REFBR €NCE= architectural and engineering services required for per- formance of the work of the Contractor and the Contrac- tor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signa- ture page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) WC -1853D ' PERFORMANCE BOND AND PAYMENT BOND ' DECEMBER 1984 ED. - AIA OO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312 -1984 6 THIRD PRINTING * MARCH 1987 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint James W. Dunn, Mirna Ramos, David H. Carr, Denise Taylor or Kimberly A. Waller of Tampa, FL their true and lawful Attomey(s )-in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the natuie thereof-- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s )-in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice- President, and their corporate seals to be hereunto affixed this 1st day of December 1999 i ce ' GZALi ••......'NCE NCE Gt %R.�� STATE OF CALIFORNIA SS. COUNTY OF MARIN FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY I, , ''fit, . Vice - President On this - 1st day of December , 19 c) 9 , before me personally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fast above written. - L OCAMPO Coif mbdon # 1163726 -Ea Notary Public - Confomict Morin County W Carom. 50es Nov28, 21)01 Notary Publi STATE OF CALIFORNIA 1 SS CERTMCAIE COUNTY OF MARIN J I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the day of , p Y Cp `at ara.� c ` yJ.N s ♦� ��- .µ•Vf!'""", c ��e a i ••.. + NrE cod ° +wcE coc �t� Resident Assistant Secretary