05/13/1998 Agreement
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BRANCH OFFICE
3117 OVERSEAS mGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERR OF THE CIRCUIT COURT
MONROE COUNTY
500 WIUTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Dent Pierce
Director of Public Works
FROM:
Attention: Steve Piazza, Construction Management
Ruth Ann Jantzen, Deputy Clerk .tf!4j.
July 14, 1998
DATE:
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On May 13, 1998, the Board of County Commissioners granted approval
to award bid and enter into a contract with the lowest responsive bidder for
the partial renovation of the Courthouse Annex at Jackson Square, in an amount
not to exceed $584,000.00.
Enclosed please find a fully executed duplicate original contract between
Monroe County and D.L. Porter Construction, Inc., in the amount of $564,000.00,
for return to D.L. Porter.
If you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosure
cc: County Attorney
Finance
County Administrator, w/o document
File
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SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is made by and between Monroe County, 5100 College Road,
Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and D.L. Porter
Construction, Inc. (hereinafter referred to as "contractor") for construction of the PARTIAL
RENOVATION OF COURTHOUSE ANNEX AT JACKSON SQUARE, the specifications and
architectural and engineering drawings for which are attached and incorporated into this
contract as Exhibit A (hereinafter referred to as the "Project"), the owner and the contractor
hereby agreeing as follows: is c:::
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1.1 The Contract -," 0 .2a .::u
1.1.1 The contract between the owner and the contractor, of which this agr~ is:! Pcil:
consists of the contract documents. It shall be effective on the date this agreeg!8n~ execu~
by the last party to execute it. . n, ~ .::u
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ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
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.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract document shall be considered as required by
the county commissioners.
1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in the
construction industry, according to its common and customary usage.
1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed
to be followed by the phrase, "without limitation."
1.5.5 The specification herein of any act, failure, refusal, omiSSion, event, occurrence or
condition as constituting a material breach of this contract shall not imply that any other,
nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this contract.
1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and
plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of
the contract documents, the shop drawings and the product data and shall give written notice to
the owner of any inconsistency, ambiguity, error or omission which the contractor may discover
with respect to these documents before proceeding with the affected work. The issuance, or
the express or implied approval by the owner 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.
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1.6 Ownership of Contract Documents
1.6.1 The contract documents, and each of them, shall remain the property of the owner. The
contractor shall have the right to keep one record set of the contract documents upon
completion of the project; provided, however, that in no event shall contractor use, or permit to
be used, any or all of such contract documents on other projects without the owner's prior
written authorization.
ARTICLE II
THE WORK
2.1 The contractor shall perform all of the work required, implied or reasonably inferable
from, this contract.
2.2 The term "work" shall mean whatever is done by or required of the contractor to perform
and complete its duties under this contract, including the following: construction 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: Partial renovation of the
Courthouse Annex at Jackson Square to include relocating the County Attorney.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence the work within 10 days of obtaining the permit, and
shall achieve substantial completion of the work no later than 90 days from Notice to Proceed.
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
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substantial completion is the date set forth by the Construction Manager on the substantial
completion form.
3.3 Time is of the Essence
3.3.1 All limitation of time set forth in the contract documents are of the essence of this
contract.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for
all of the work required herein, the fixed sum of $564.000.00. 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 26 day of each month after commencement of the work, the
contractor shall submit an application for payment for the period ending the 25 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
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conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to
such materials and equipment and shall include proof of required insurance. Such application
for payment shall be signed by the contractor and shall constitute the contractor's
representation that the work has progressed to the level for which payment is requested in
accordance with the schedule of values, that the work has been properly installed or performed
in full accordance with this contract, and that the contractor knows of no reason why payment
should not be made as requested. Thereafter, the 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 hereinbelow.
5.2.4 The contractor warrants that all payments to subcontractors have been made as
certified on the application for payment and that title to all work covered by an application for
payment will pass to the owner no later than the time of payment. The contractor further
warrants that upon submittal of an application for payment, all work for which payments have
been received from the owner shall be free and clear of liens, claims, security interest or other
encumbrances in favor of the contractor or any other person or entity whatsoever.
5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the
contractor on account of such subcontractor's work, the amount to which such subcontractor is
entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor
may only seek payment from the contractor's public construction bond surety. In no event is
the owner obligated to pay any subcontractor an amount owed to it by the contractor.
Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor
and its subcontractors.
5,2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be
interpreted to constitute an acceptance of any work not in strict accordance with this contract.
5.3 Withheld Payment
5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts previously paid to the contractor, to protect the
owner from loss because of:
(a) defective work not remedied by the contractor nor, in the opinion of the owner,
likely to be remedied by the contractor;
(b) claims of third parties against the owner or the owner's property;
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(c)
fashion;
failure by the contractor to pay subcontractors or others in a prompt and proper
(d) evidence that the balance of the work cannot be completed in accordance with
the contract for the unpaid balance of the contract price;
(e) evidence that the work will not be completed in the time required for substantial
or final completion;
(f) persistent failure to carry out the work in accordance with the contract;
(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
nonconforming 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.
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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.
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 $200.00 per day for the first 15 days, $500.00 per day for the second 15 days, and
$2.000.00 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.
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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
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, 1!L-. copies of the contract
documents for execution of the work. The contractor will be charged, and shall pay the owner,
$75.00 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,
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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.
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
Garv A. Loer
Kevin Groner
Robert Alexander
Function
Project Manager, Office SUDDort
Superintendent, Fie~d representative
Foreman, Dimensional review/Quality co~rol
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.
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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
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
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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
8.1 The Architect
8.1.1 The architect for this project is Gonzalez Architects. 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
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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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.
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
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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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 carry out such field orders promptly.
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a
portion of the work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the
names of persons or entities proposed by the contractor to act as a subcontractor on the
project. The owner shall promptly reply to the contractor, in writing, stating any objections the
owner may have to such proposed subcontractor. The contractor shall not enter into a
subcontract with a proposed subcontractor with reference to whom the owner has made timely
objection. The contractor shall not be required to subcontract with any party to whom the
contractor has objection.
9,2.2 All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein, including those
rights afforded to the owner by subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
contract, by change order or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this contract and
the contractor shall proceed promptly with such changes.
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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,
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,
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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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,
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 Nonconforming Work
11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so.
In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or nonconforming work and (b) the difference between
the fair market value of the project as constructed and the fair market value of the project had it
not been constructed in such a manner as to include defective or nonconforming work. If the
remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for
its acceptance of defective or nonconforming work, the contractor shall, upon written demand
from the owner, pay the owner such remaining compensation for accepting defective or
nonconforming work.
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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.
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.
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(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:
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
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00500 - 17
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.
14.4 Ethics Clause
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
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14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Sees. 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.
~, ,.rU'w,"( "ESS WHEREOF, each party has caused this Agreement to be executed by its
.~~, 11!"r, ; fzed representative this 1.3 "'" day of ~ ' 1998,
.:~ ~:" BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MO COUNTY, FLORIDA
~1
Date
By:
~~~~ "'"
Deputy Cle (J' -
,(SEAL)
, Attest:
By:
Title:
~~
By:
Title:
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 19
EXHIBIT A
CONTRACT DOCUMENTS
Document
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FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 20
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SECTION 00110
PROPOSAL FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE I~OAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM: D. L. Porter construction. Inc.
6574 Palmer park Circle
Sarasota, FL 34238
The undersigned, having carefully examined tile Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
PARTIAL RENOVATION OF COURTHOUSE ANNEX
AT JACKSON SQUARE
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.
Sl~ HV1fJPJe4'J>F1FTY
S lX .fItJlUTJt-~[)... ~lIfN~Y Se J'J: If} /JI/)V~I91f p dollars.
(Total Base Bid - words) ,
I acknowledge receipt of Addenda No.(s)
/,,2
I
I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form~,
the required Bid Security --X-, the Non-Collusion Affidavit~. and the Lobbying and Conflict
of Interest Clause--x-. In addition, I have included a certified copy of Contractor's License.
00110 - 2
BID PROPOSAL
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(Check mark items above. as a reminder that they are included.)
Mailing Address: D. L. Porter Construction. Inc.
6574 Palmer Park Circle
Phone Number:
Sarasota, FL 34238
(941) 929-9400
Date: t:; / 1 q / q R
Signed:
!
Gary A. Loer
(Name)
President
Witness:
(Title)
hLz~~~
(Seal) Paulette .ffewell
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BID PROPOSAL
00110 - 3
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SECTION 00110
NON-COLLUSION AFFIDAVIT
I, Gary A. Loer of the city Sarasota, FL
according to law on my oath, and under penalty of perjury, depose and say that:
president
1.
lam
of the firm of
D.L. porter construction, Inc.
the bidder making the Proposal for the project described in the notice for calling for bids for:
Partial Renovation of courthouse Annex at Jackson Square
and that I executed the said proposal with full authority to do so;
2.
the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor:
3.
unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening; directly or indirectly, to any other bidder or to any competitor; and
4.
no attempt has been made or will be made by the bidder to induce any other person, partnership
or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5,
5/19/98
(Date)
nt ined in this affidavit are true and correct, and made with full knowledge that
reli s upon the truth of the statements contained in this affidavit in awarding
id ject.
Florida
STATE OF:
COUNTY OF:
Sarasota
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Gary A. Loer
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above
on this 19th day of May .19~.
My commission expires:
4-V~~"~/L
NOTARY PUBLIC .
PAULETTE JEWEll
. _ * CC 569536
~;. ~...f EXPIRES: July 16, 2000
"~p.r..r.-~"" Bonded lluu NolIry PulIIlc IJndIlwri1Irs
00110 - 5
BID PROPOSAL
, , ,
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COIJNTY, FLORIDA
ETHICS CLAUSE
D.L. PORTER CONSTRUCTION. INC.
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordincmce 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 0, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of ,my fe ,comm' si n, percentage, gift, or consideration paid
to the former County officer or employee".
Date:
STATE OF:
FLORIDA
COUNTY OF:
SARASOTA
Subscribed and sworn to (or affirmed) before me on
~ Gary A. Loer
or has produced
identification)
5/19/98 ~a~)
(name of affiant). He/She is personally known to me
as identification. (type of
)':;:Z~-j;J"~A -
NOfARY PUBLIC
My commission expires:
..~,. PAULETTE JEWELL
I.: ~;. M'. COMMISSION I ex; 569636
~ .?f EXPIRES: July 16, 2OllO
.....~P,7.j~~".. 80ncMd Thru NoWy PubIc lbIIrMttBrs
BID PROPOSAL
00110 - 6
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
D.L. PORTER CONSTRUCTION, 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 substanc'e 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 certi
the above requirements.
complies fully with
5/19/98
Date
00110-7
MePff5 REV. 6/91
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The 'GENERAL, CONTRACTOR
Named below. I S C E R T I FIE 0
Under the provisions of Chal!ter 489 I FS.
Expiration date: AU G 31. 1 998
.
LOER ,GARY ALAN .
o L PORTER CONSTRUCTION
1100. GILLESPIE AVENUE
SARASOTA' . FL
INC
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MEET. ALL COUNTY. P'LANNIN
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THE AMERICAN INSTITUTE OF ARCHITECTS
I I
I
AlA Document A31 0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
D.L. Porter Construction, Inc.
6574 Palmer Park Circle, Sarasota, FL 34238
as Principal, hereinafter called the Principal, and
The American Insurance Company
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 full name and addressor legal title of Owner)
5100 College Road, Key West, FL 33040
as Obligee, hereinafter called the Obligee, in the sum of
(Here insert full name and address or legal title of Contractor)
(Here insert full name and address or legal title of Surety)
Five Percent of Amount Bid
Dollars ($ 5% Amt Bid ),
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)
Partial Renovation of Courthouse Annex at
Jackson Square
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
19
day of
May
19 98
/2.,~:p; ~~-a-
( )
uction, Inc.
(Principal)
(Seal)
y
(Seal)
Inquiries: 813-281-2095
Florida
AlA DOCUMENT A310 . BID BOND . AlA @ . FEBRUARY 1970 ED . THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
1
GENERAL
.POW"EROF
- ATIORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: Thai TIlE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1,1990, and having its principal office in the Countl of Marin, Swc of
C,lliMmia, has made, constituted and appointed,lnd does by these presents make, constitute and IppointJ AMES W. DUNN, MIRNA
RAMOS, DENISE TAYLOR, DAVID H. CARR, jointly or severally
Its~Al~~~d r.~rul Attorney(s)-in-Fact, with full power and authority hereby confelTed in its name, place and ltead, to execute leal
aclcnowledge and deliver any and all bonds, undertaking, recogllb:ances or other written obligations in the nature thereofi for all obligee~
including any and all consents required by the Department of Transportation, State ofFJorida, incident to the release ofrctained percentages
and/or rlDal estimates__ ___--_ _ _ __ _ _________ _ ___ __ ____ __ ____ __ ___ __ ___ __ _~ ___________
and to bind the Corporation thereby as fully and to the same extent as if luch bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by iu Secretary, hereby ratifying and confirming aD that the said Auorney(s)-in-Faet may do in th~ premises.
This power of attorney is granted pursuant to Article VII, SectiOIU 4S and 046 of By-Jaws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Artkle VU. Appomtmeat ud AatboritT of Res/drat 5<<reurles, AttoTDrrs-ill-F.ct .lId A~ats to IIC'CCpt Lqa! Process aad Make ApPUl'la~.
Sectioa 45. Appolzltmeat, The Chalrmaa of Cbe Board of Directors, tIK Presidenc, aay Vlce-Presldenc or aay otber person autborlzed by tbe Board of,
Directors, tbe Clza1rmaa of tbe Board of Directors, Cbe PresldenC or any Vlce-Presldeac may, from time to time, appolac Resident Asslstaat Secretaries and
AttoraeYHD-Faet Co represeDt and ad for aad oa bebalf of tbe Corporatlou aad Agents to accept legal process aad make appearances for aDd on behalf of the
CorporatloD.
Section 046. Autbority. The auCboricy of ,uch Resldeat AssIstanC Secretaries, AUorat!YHa-Fad and Agents IhaD be as prnc:ribed In the lastrameilt eYtdeadn&
their appolacmeat. AD)' luch appolntmenc and all autboriCy gra.nCed thereby may be revoked aC an)' time by the Board of DIrectors or by any persoa empowered to
make sucb appolatment."
l1tis power of attoraey is signed and sealed under and by the authority of the foUowing Resolution adopted by the Board of Direc:tors of THE AMERICAN
INSURANCE COMPANY at a meeting duly ca11ed and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Se.c:retaly, and Resident Assistant Secretary of this Corporation, and the leal of this
Cot-poration may be afflxed or printed 00' 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 IUch faesimile signature or facsimile seal shaU be valid and binding
upon the Corporation~'
IN WITNESS WHEREOF,THE AMERI~ INSURANCE COMPANY has caused these presents to be signed by its Vice.President, and its corporate seal to
be hereunto affIXed this 1st day of Ma y , 19~.
..-_..............
/~~~.~~!.~~~:~..."
'~1 '
[. ~.~
\~""., .... .,ij
4.C[ to ~
THF ;4.!'.fERICAN IN5URA.'-o/CE COMPANY
STATE OF CALIFORNIA } ss.
<;x)UNTY OF MARIN
1 t May 95 M. A. Mallonee
On this 5 day of. , 19 _, before me personally came ,
to me l:nown, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrumenti that he knows che seal of said Corporationi that the seal affixed co the said instrument is such corporate
seal; that it was so affIXed by order of the Board of Direc:tors of said Corporation and that he signed his name thereto by like order.
By
~~~
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal, the day and year herein first above written.
~
,~ ~ ~ ~ ~-~ ~ ~ ~ ~ - (
'" ~. . A. KRIEGER )
o . COMM..1().(5112
0. 0: .. NOTARY PU811C.CAlIFORNIA 0'0
1 .~ " MARIN COUh'TY .I
". MyCcmn.~Mar. 20, 1m ~
~.............,.~........"'''''''.................'''"
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN
} u.
I, the undersigned, Resident Assistant Secrcwy of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that
the foregoing an:S att.'\Ch~ POWER OF A1TORNEY remains ir. full force and bas not been revokedi and furthermore that Article VII, Sec:tiolU 45 and 46 of the
By-laws of the Cof);.3.':&t;O)A, rnd the Resolution of the Board of Direc:tors; set fonh in the Power of Attorney, are now in force. .
Signed and ~~.aledat the County 'Jf Marin. Dated the 19TH day of
....--;w,...;.....,
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Raidcal AuiAaaI Secrcury
360711-TA.3-95
06/09/1998 16:54
19419299500
DLPCRTER
PAGE 81
-'
D.L. PORTER CONSTRUCnON, INC.
June 9,1998
VIA FACSIMILE (305) 294-8217
Jose' A. Gonzalez iR\
Gonzalez ArC:hitff~~~\Q;
3130 Northside On ~
Key West, FL 33
RE: Partial Renovation of Courthouse Annex at Jackson Square
Proposed revisions and reduction in project cost
Dear Jose,
I have reviewed the plans and specifications carefully as you and the owner have requested and
have prepared the following list of cost modifications and potential changes in scope for you and
the owner to consider. J shaUlist the modifications by division; they are not listed in any order
of importance. .
Division 1 - General Conditions:
· D.L. Porter Construction Inc. is prepared to offer the owner a. credit should they allow
the Courthouse Annex project to run simultaneously with the Lester Building
renovation. In doing so, we propose that both projects be run by the same on-site
personnel allowing this company to reduce it's overall general conditions exposure.
. Proposed Credit <S 11,450.00>
· O.L. Porter Construction Inc. is prepared to offer the owner a credit should they limit
the liquidated damage terms to 200/500/2000 per day (15115/31+ days late). The
contract time will not start before all permits are obtained. This company assumes it
will have access to aU work areas (except for the secured 2nd floor evidence holding
area) seven (7) days a week, twenty-four hours a day. The work will not be stopped
for any reason. Exception for when court may be in session (limited to Tuesdays and
Wednesdays between 9:00 am and 4:00 pm) the noise level must be nduced to a
minimum.
Proposed Credit <$ 10,000.00>
· D.L. Porter Construction Inc. suggests the Asbestos Abatement allowance be deleted
from our contract. The cost to conduct the survey shall stay within the contract. Be
advised the survey may take 30 days to conduct. Contract time related to conducting
this service and completing any required abatement is considered to be a warranted
time extension to the contract.
Proposed Credit
<$ 20,000.00>
6574 Palmer Park Circle · Sarasola, Florida 34238 · (941) 929-9400 · Fax (941) 929-9500
06/09/1998 16:54
19419299580
DL.PCRTER
PAGE 82
-~~.
. city building permit costs ha"e not been included in our base bid. It was not clear at
the time of the bid as to whether they were to be included or not. Specification
section Instruction to Bidders #00100 Article 5 - subsection 5.4.3 states the permit
cost would be included in the base bid. Were as, after receipt of Addendum No. 1 a
new modified Section #00750 General Conditions contained.. under Article 6 -
subsection 6.14 which stated that the owner shall obtain and pay for all CODStnlction
permits and licenses, unless otberwise provided in the Supplementary Conditions
(deleted by addendum No.1). The permit fees will be the owner's responsibility.
Division 2 - Sftework
. D.L. Porter Construction, Inc. has reevaluated the extent of demolition work required
at your request and has concluded (although very labor intensive) the work can be
completed for a lessor amount should the work be completed without delay (see
reference to time above).
Proposed Credit
<$ 9,000.00>
Division 5 - StrUctUral Steel
· D.L. Porter Construction, Inc. has obtained alternate subcontractor pricing, reducing
its cost of completing the described steelwork indicated on plan revision sheets A-
2&310-2. '
Proposed Credit
<$ 2,000.00>
Division 6 - Carpentry, MUlwork & PlAstics
. Delete reference to wood base (painted) and replace with vinyl cove base matching
other renovated areas within project.
Proposed Credit <S 400.00>
. Delete cabinetry from conference room, install carpet to wall, finish drywall and paint
exposed surface.
Proposed Credit <$ 2,512.00>
. Delete twelve (12) linear feet of book shelving in Library (door entrance wall).
Install carpet to wall, finish drywall and paint surface.
Proposed Credit <$ 2,800.00>
. Delete six (6) linear feet of upper and lower cabinets from Supplies/Copy/Storage
Room. Install flooring to wal~ finish drywall and paint exposed surface.
Proposed Credit <$ 1,156.00>
. Change remainder of Supplies/Copy/Storage room cabinetry to melamine with
standard core.
Proposed Credit <$ 500.00>
. Delete all 12" bookshelves from offices #3004, 3006, 3009, 3010, 3011, 3012 &.
3013.
Proposed Credit
<$ 12,100.00>
6574 Palmer Park Circle · Sarasota, Florida 34238 · (941) 929-9400 · Fax (941) 929-9500
86(89/1998 16:54
19419299588
DLPCR I ~
PAGE 83
--'
· Change remainder of library shelving to wood grain melamine with standard core
(shelves 11/8" thick), changing depth to 15" with height adjusted to approximately
9'S".
Proposed Credit
<$ 4,800.00>
· Delete an cabinetry from room #3005.
Proposed Credit
· Delete waIl shelving from room #3026 Janitors closet.
Proposed Credit
<$ 3tOOO.OO>
<$ 400.00>
Division 8 - Doors & Window Glazing
· Change interior doors to '"Flush" Rotary Natural Birch Stain grade (factory fmish).
Proposed Credit <$ 1,700.00>
· Change hardware finish from dark bronze to brushed chrome.
Proposed Credit <$ 400.00>
· Delete Accordion Folding Partition Door (Library) from contract. Contractor shall
include in the contract overhead provision for a future door herein deleted. To accept
tbis credit the owner acknowledges it will not contract directly with supplier and have
the product i~stalled during tbe course of construction.
, Proposed Credit <$ 3,200.00>
· Install laminated glass in e,osting frmnes at twelve (12) locations (exterior waIl third
floor), per discussion with architect. At present we are unable to determine whether
the existing frames wilJ accept the laminated glass required by the architect. If new
frames are not required the following can be taken from our present base bid.
Proposed Credit <$ 3,175.00>
. Eliminate filming of glass in office across from existing elevator.
Proposed Credit <$ 400.00>
· Eliminate Hollow metal frames and glass (see detail 41A-9) from offices # 3011. 3012
&. 3013. The voids will be framed, drywall installed and painted.
Proposed Credit <$ IJ911.00>
Division 9 - Finishes
· Complete interior revision per sketch (reference exhibit A dated 6/9/98) consolidating .
rooms #3013J 3014, 3015 &. 3016. All flooring will be vinyl in this area.
Proposed Credit <$ 1,275.00>
Division 10 - Spedalties
· High Density Storage System unspecified not included in original bid. To be provided
by owner.
6574 Palmer Park Circle · Sarasota. Florida 34238 · (941) 929-9400 · Fax (941) 929-9500
a~/09/1998 16:54
1941929950a
DL.Pl:RTER
PAGE 84
Division 14 - CODveying System
. Modify renovation of elevator cab by installing carpeting or vinyl on floor and using
standard laminent color on walls.
Proposed Credit
<$ 1,421.00>
Division 15 - Mechanical
. Change air-handling unit from specified McQua.y manufa.cturer to Trane.
The delivery time will be reduced from 10 weeks to 4 weeks.
Proposed Credit <S 1,000.00>
. Eliminate variable speed drive and substitute inlet vane. This V A V control system
will consist of a thermostat mounted on wall.
Proposed Credit <:$ 5,000.00>
. Change specified Oval spiral to round spiral ductwork..
Proposed Credit <$ 3,750.00>
· Change specified fixture schedule to alternate being supplied by electrical
subcontractor. Do to time constraints we are unfortunately unable to be specific.
Upon receipt. We will forward the schedule to your office by facsimile.
. Proposed Credit <$ 3,200.00>
· Revise electrical system when deleting the variable speed drive from HV AC Syste1D.
Proposed Credit <$ 500.00>
Please review the contents of this letter and contact me with any questions you may have. If you
have any particular changes or modifications in mind, which we have Dot visited, please do not
hesitate to present your thoughts in writing to me and I will immediately start pricing the
revision. Should you find the credits acceptable and desire to accept those indicated in this letter,
OUf adjusted price to complete this project would be $564,000.
We look forward to working with you and the county on this project.
cc: Steve Piazza
Stephanie German
6574 Palmer Park Circle · Sarasota, Florida 34238 .. (941) 929-9400 .. Fax (941) 929-9500
EXHIBIT B
INSURANCE REQUIREMENTS
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 21
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
Contractors 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 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
prove 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 the 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,
Administration Instruction
#4709,2
1996 Edition
The County, at is 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.
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
#4709,2
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
WCl
WC2
WC3
WCUSLH
x Workers' Compensation
Employers Liability
Employers Liability
X Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCJA
INSCKLST
, . ,
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
· Blanket Contractual
. Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Required Limits:
GL1
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
x
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4
$5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
Underground, Explosion and Collapse (XCU)
GLLIQ
Liquor Liability
GLS
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehic1es
Required Limits:
VLl
VL2
VL3
x
VL4
BR2
x
MVC
PROl
PR02
PR03
POLl
POL2
POU
EDl
ED2
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 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
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
Pollution
Liability
$ 500,000 per Occurrence/$l,OOO,OOO Agg,
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$lO,OOO,OOO Agg.
Employee
Dishonesty
$ 10,000
$100,000
INSCKLST
. ,
1996 Edition
GKl Garage $ 300,000 ($ 25,000 per Veh)
GK2 Keepers $ 500,000 ($100,000 per Veh)
GK3 $1,000,000 ($250,000 per Veh)
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg,
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg,
IF Installation Maximum value of Equipment
Floater Installed
VLPl 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
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRl Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
E03 $1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
.. ~. .
1996 Edition
INSURANCE AGENTS STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Bidder
Signature
INSCKLST
April 22, 1993
1 st Printing
, .
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Partial Renovation of Courthouse Annex at Jackson Square
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. PORTER CONSTRUCTION, INC.
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 Operation
· 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,
Administrative Instruction
#4709.2
GL3
GEN_L1AB,DOC
April 22, 1993
1st Printing
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Partial Renovation of Courthouse Annex at Jackson Square
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. PORTER CONSTRUCTION, INC.
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 and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company,
If the Contractor has been approved by 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.
Administrative Instruction
#4709.2
WC3
WRK_COMP.DOC
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Partial Renovation of Courthouse Annex at Jackson Square
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. PORTER CONSTRUCTION, INC.
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.
Administrative Instruction
#4709.1
VL3
VEH-L1AB.DOC
April 22, 1993
1st Printing
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT: Partial Renovation of Courthouse Annex at Jackson Square
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. PORTER CONSTRUCTION, INC.
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
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
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.
Administrative Instruction
#4709.2
BR2
BLD_RISK.DOC
813-447-6481
Owne
ROGER BOUCHARD INSURANCE
101 Stlrcrest Dr, PO Box
CLEARWATER, FL 34618
DL Porter Construction
6514 Pllmer Plrk Dr
Slrlsotl, FL 34238
FCCI Mutull In
COr.f'ANY
D
THISIS TOCERTIFY THA T THE POLICIES OF INSURANCE L1STEDBELOWHAVE BEENISSUED TO THEINSURED NAMEDABOVEFORTHEPOLlCY PERIOD
INDICA TED,NO T WITHST ANDINGANYREOUIREMENT, TERMORCONDITIONOF ANY CONTRACT OROTHERDOCLMENT WITHRESPECT TOWHICHTHIS
CERTIFICA TE MAY BE ISSUED ORMAY PERT AIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS.
CO TVPI! or INSVR ANCf: POLICY MlhlIml POLICY 1!I'I'I!CTIVl!: POLICY I!XPIRAT
LTA DATI! (MM'DD'YY) DATE (MWDD'YY) LIMITS
GENI!R AL L1ABIL ITY GEt'lERAL AOOREOATE $ 1000000
B COM/oERCIAl GEt'lERAl LIABILITY 20506438 1/09/98 1/09/99 PROOUCTS.COr.f'fQP AOO $ 1000000
QAIMS MADE I1LJ OCClJ'l PERSONAl. &. AOV IN.UlV $ 1000000
OWt'IER'S &. CONTRACTOR'S PROT EACH OCCLMEICE $ 1000000
FIRE DAIolAGE (Any one lire) $ 50000
/oED EXP (Any one person) $
AUTO MOB ILl! LIABILITY COlEllt'IED SltO..E LIMIT
B X ANY AUTO 20280555 1/09/98 1/09/99 1000000
AlL Owt'IED AUTOS BODIL V IN.UlV
SCl-EDU.ED AUTOS (per person)
X HIRED AUTOS BODILV IN.UlV
X NON,OWt'IED AUTOS (Per accident)
PROPERTY DAMAGE
GARAGI! LIABILITY AUTO Of'{. V . EA ACCIDENT
ANY AUTO Olt-ER THAN AUTO Of'{. V:
EACH ACCIDENT
AOOREOATE
!!XCI!SS LI ABIL IT Y EACH OCClFRENCE
B X UMBRELLA FooM 11280681 1/09/98 1/09/99 AGGREGATE
OlttR IHAN UMBRELLA FORM
,..-..--
WORKI!RS OOMPI!NSATlON AND ST ATUTORV LIMITS
I! MPLOYl!RS' LIABILITY
C 112154 1/01/98 1/01/99 EACH ACCIDENT 1000000
Tt-E PROPRIETORI INCl DISEASE. PQ..ICV LIMIT
PARTr-.eRSfEXECUTlVE 1000000
OFFICERS ARE: EXCL DISEASE. EACH Et.PLOYEE 1000000
OTH I!R
DD/ASST/INSD FX# 941 929 9500
DESC 0
CERT HOLDER IS ADDITIONAL INSD ON ALL PHASES OF INSURANCE EXCEPT WORKERS
COMPENSATION
ATTN: ANN MYTNIK
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BI! CANCELLED BEFORE THI!
I!XPIRATION DATE THI!RI!OI'. THI! ISSUING COMPANY WILL ~AVOR TO MAIL
BOARD OF COUNTY COMM I SS lONERS 30 DAYS WRITTEN NOTlCI! TO THECI!RTlflCATI! HOLDI!R NAhlDTO THI!L!I'T,
OF MONROE COJNTY BUT fALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
5 1 00 CO L LEG E R D Of ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESI!NT ATIVES.
KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE 695232000
.A~()Rl)~~J$.(.t.'l....:..........:...:.::::::..:.:.:::.:.::.::::::::::.::::::::.:....:>........:.:...:.:.....:...:::.>.:...................:...........:}..:.....:........:..:.....:::.....:.:.....:........~.~~p.:~9::~qJI!19:I:JD'?
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A312
Bond No. 11133380771
Inquiries: (813) 281-2095
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 Construction, Inc,
6574 Palmer Park Circle
Sarasota, FL 34238
SURETY (Name and Principal Place of Business):
The American Insurance Company
P.O. Box 18025
Tampa, FL 33679
OWNER (Name and Address):
Monroe County Board of County Commissioners
5100 College Road, Key West, FL 33040
CONSTRUCTION CONTRACT
Date: 5/13/ f(
Amount: $564,000.00
nescr.iDtion (Name and Lq,cation \: h
~artlal Renovatlon OL Court ouse Annex at
Jackson Square
BOND
Date (Not earlier than Construction Contract Date):.. s/t 3/ rf
Amount: , $564,000.00
Modifications to this Bond: 0 None
[!] See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
D.L. Porter cons~n~'nc.
Signature: C ~~~
Name and Title: C. Marshall White, VP
SURETY
Company:
The
(Any additional signatures appear on page 3)
(FOR INFORMA TION ONL Y-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
Signature:
Name and TI
Denise Taylor Attorney-In-Fac
and Florida Licensed Resident
A.gent
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006
THIRD PRINTING' MARCH 1987
A312-1984 1
;1 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
4.2 Undertake 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-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
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:
":iC" PRO\liSION AND L1MITATION~~
-c'-SECTION 255,05 OR SECTIOf\
"1 ?3 FLORIDA STATUTES,
"VHICHEVER IS APPLICABLE TO THE
f,l'.lTRACT. ARE INCORPORATED Ii'
" BON') 8Y REFERENCE.
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.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED, . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W" WASHINGTON, D.C. 20006
THIRD PRINTING' MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312
Bond No. 11133380771
Inquiries: (813) 281-2095
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
D.L. Porter Construction, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
SURETY (Name and Principal Place of Business):
The American Insurance Company
P.O. Box 18025
Tampa, FL 33679
OWNER (Name and Address):
Monroe County Board of County Commissioners
5100 College Road, Key West, FL 33040
CONSTRUCTI9N CONTRACT
Date: 5/13/ 9E:
Amount: $564,000.00
nescr.iotion (Name and Location):
~art1dI Renovat10n of Courthouse Annex at
Jackson Square
BOND
Date (Not earlier than Construction Contract Date): S-).9/78"
Amount: $564,000.00
Modifications to this Bond: 0 None
~ See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
D.L. Porter Cln~tructian, Inc.
Signature: O.~Jr-
Name and Title: C. Marshall White, Vp
Signa
Name
Denise Taylor Attorney-In Fa t
and Florida Licensed Residelit. Agent
(Any additional signatures appear on page 6)
(FOR INFORMA TION ONL Y-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
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
.1 The' Oontrac;,tor 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
OWfler 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 OWfler,
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
OWfler, 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
OWfler 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
OWfler, 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 Payor 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 OWfler 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 OWfler 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 OWfler
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 equipment were furnished 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
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AlA @
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 LiI,,1i T T
OF SECTION 255.05 OR SECT
713.23, FLORiDA ST/'.TU:. i.::<:,
WHICHEVER IS APPLICABLE TO IdF"
CONTRACT, ARE INCORPORATED ;,
11-118 BOND BY REFERENCE:.
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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 6
GENERAL
~~~~ THEAMEIDCANINSURANCECOMPANY
. .
IO."t>W ALL MEN B\' THESE PRESENTS: That TIiE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June I, 1990, and having its principal office in the Count)' of Marin, State of
California, has made, constituted and appointed, and does by these presents make, constitule and appointJ AMES W. DUNN ~ MI RNA
RAMOS, DENISE TAYLOR, DAVID H. CARR, jointly or severally
its~~~ ~~d fafvful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute seal
acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof; for aU obligee~
including any and all consents required by the Department of Transportation, State of Florida, incident to the release or retained percentages
and/or flOal estlmates__ __ _ ___ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ ___ __ _ ___ _ _ _ __ _ _ _ __ __ _ ';...__ _ ______ __
and to bind the CorporatioD thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by iu Secretary, hereby ratifying and confirming all that the said Auorney(s)-in-Fact may do in th~ premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 046 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Artkle vn. AppobJlmeDt aDd Autborltr of ResldcDI Secreurle:s, AttomcyHJJ.Fac:t alld AgeDts to accept Legal Pro<<ss aDd Malee A.ppu.r-.D~.
Sectioo 45. AppoiDtmeDt. The Chalrmaa of tbe Board of Directors, tM President, aoy VIce-President or aoy otber person antborized by tbe Board of.
Dlredors, the Cbalrmao of tbe Board of Directors, tbe President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and
AttoraeYHo-Fact to repraent and act for and oa bebalf of tbe Corporatloo aDd Agents to accept legal process aad make appearances for and 00 behalf of the
Corporatloo.
Sectioo .co. Autborlty. TIle authority of ,ueb Resldeat Assistant Secretaries, Attorat.YHD-Fact and Agents shaII be as prescribed la the lastra~eDt eYldenda&
their appolotmeat. Aay such appolotmeat aad aJlautbority gra.nted thereby IIUIY be revoked at aay time by the Board of Directors or by any persoo empowered to
lOake sueb appolatment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended orrepealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Col'poration may be affuccd or printed Olf 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 Corporation~' .
IN WITNESS WHEREOF,.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to
be hereunto affuced this 1 s t day of Ma y , 19~.
THF AMERICAN INSURANCE COMPANY
By
~~~~
STATE OF CALIFORNIA } IS.
COUNTY OF MARIN
On this 1 s t day of May , 19~, before me personally came M. A. Mallonee ,
tome known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affuced to the said instrument is such corporate
seal; that it was so affuccd by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and dfuCed my official seal, the day and year herein first above written.
~
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t" ~':... . A. KRIEGER )
0- COMM.#1045112
n. 0: . NOTARY PU8LIC.CAlIFORNIA 0'U
j ,-' '. MAlliN COUI,TY
.. - MyCcmn.~Mat.20.1m t
~.........""'".....,."".....,.........."'........,.....".""'"
CERTIF1CATE
STATE OF CALIFORNIA
COUNTY OF MARIN
} a.
I, the undersigned, Resident Assistant Secretary ofTIiE AMERICAN INSURANCE COMPANY, a NEBRASKA CorporatioD, DO HEREBY CERTIFY that'
the foregoing and attached POWER OF AlTORNEY remains ir. fuIJ force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the
By-laws of the CO~l":.~lo;,. and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. .
Signed an~ s-21eci " tt e C~\ir.i:y?f Marin. Dated the
day of
,19_.
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