04/19/2000
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 Coltec
Enaineerina. (hereinafter referred to as "contractor") for construction of Courthouse Annex
Chilled Water System and Re-roofina, the specifications and architectural and engineering
drawings for which are incorporated by reference into this contract as Exhibit A (hereinafter
referred to as the "Project"), the owner and the contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents. It shall be effective on the date this agreement is executed
by the last party to execute it.
1.2 The Contract Documents
1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all
change orders, any addenda and field orders issued hereafter, any other amendments hereto
executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents
not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this
contract.
1.3 Entire Agreement
1.3.1 This contract, together with the contractor's public construction bond for the Project,
constitute the entire and exclusive agreement between the owner and the contract~ wi~
reference to the Project. Specifically, but without limitation, this contract sUPE$e~.. s ~ bp:l=
documents and all prior written or oral communications, representations and ~siat~s, ~
any, between the owner and contractor. ~~:<. -< .."
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1.4 No Privity with Others fi;i;A -0 ~
1.4.1 Nothing contained in this contract shall create, or be interpreted to creat~~~y ~an)'T1
other contractual agreement between the owner and any person or entity Oftfe'r$ihciithg
contractor. r- ~ N :2
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1.5 Intent and Interpretation
1.5.1 The intent of this contract is to require complete, correct and timely execution of the
work. Any work that may be required, implied or inferred by the contract documents, or any
one or more of them, as necessary to produce the intended result shall be provided by the
contractor for the contract price.
1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract document shall be considered as required by
the county commissioners.
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1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in the
construction industry, according to its common and customary usage.
1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed
to be followed by the phrase, "without limitation."
1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this contract shall not imply that any other,
nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this contract.
1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and
plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of
the contract documents, the shop drawings and the product data and shall give written notice to
the owner of any inconsistency, ambiguity, error or omission which the contractor may discover
with respect to these documents before proceeding with the affected work. The issuance, or
the express or implied approval by the owner or the architect of the contract documents, shop
drawings or product data shall not relieve the contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the contractor's compliance with this
contract. The owner has requested the architect to only prepare documents for the project,
including the drawings and specifications for the project, which are accurate, adequate,
consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor
acknowledges and represents that it has received, reviewed and carefully examined such
documents, has found them to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction and that the contractor has not, does not, and will not rely upon any
representation or warranties by the owner concerning such contract documents as no such
representation or warranties have been or are hereby made.
1.5.8 As between numbers and scaled measurements on the drawings and in the design, the
numbers shall govern; as between larger scale and smaller scale drawings, the larger scale
shall govern.
1.5.9 Neither the organization of any of the contract document into divisions, sections,
paragraphs, articles (or other categories), nor the organization or arrangement of the design,
shall control the contractor in dividing the work or in establishing the extent or scope of the work
to be performed by subcontractors.
1.6 Ownership of Contract Documents
1.6.1 The contract documents, and each of them, shall remain the property of the owner. The
contractor shall have the right to keep one record set of the contract documents upon
completion of the project; provided, however, that in no event shall contractor use, or permit to
be used, any or all of such contract documents on other projects without the owner's prior
written authorization.
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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: Jackson Square central
chilllina plant located on the Courthouse Annex Buildina. Work to include one chiller and re-
roofina as per base bid with emeraencv aenerator as per alternate #1 .
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence the work within 10 days from Notice to Proceed, or 10
days from receipt of permit, and shall achieve substantial completion of the work no later than _
185 calendar days.
3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in
Section 00350-1 "Liquidated Damages" of the Specifications per day for each and every
calendar day of unexcused delay in achieving substantial completion beyond the date set forth
herein for substantial completion of the work. Any sums due and payable hereunder by the
contractor shall be payable, not as a penalty, but as liquidated damages representing an
estimate of delay damages likely to be sustained by the owner, estimated at or before the time
of executing this contract. When the owner reasonably believes that substantial completion will
be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any
amounts otherwise due the contractor an amount then believed by the owner to be adequate to
recover liquidated damages applicable to such delays. If and when the contractor overcomes
the delay in achieving substantial completion, or any part thereof, for which the owner has
withheld payment, the owner shall promptly release to the contractor those funds withheld, but
no longer applicable, as liquidated damages.
3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the
work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial
use or occupancy of the work and can utilize the work for its intended purpose. The date of
substantial completion is the date set forth by the Construction Manager on the substantial
completion form.
3.3 Time is of the Essence
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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 $915.000.00. (Base bid + Alternate #1) The
sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified
except by change order as provided in this contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to
the owner and to the architect a schedule of values allocating the contract price to the various
portions of the work. The contractor's schedule of values shall be prepared in such form, with
such detail, and supported by such data as the architect or owner may require to substantiate
its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any
element thereof. The violation of this provision by the contractor shall constitute a material
breach of this contract. The schedule of values shall be used only as a basis for the
contractor's applications for payment and shall only constitute such basis after it has been
acknowledged in writing by the architect and the owner.
5.2 Payment Procedure
5.2.1 The owner shall pay the contract price to the contractor as provided below.
5.2.2 Progress Payments-Based upon the contractor's applications for payment submitted to
the architect and upon certificates for payment subsequently issued to the owner by the
architect, the owner shall make progress payments to the contractor on account of the contract
price.
5.2.3 On or before the 26th day of each month after commencement of the work, the
contractor shall submit an application for payment for the period ending the 25th day of the
month to the architect in such form and manner, and with such supporting data and content, as
the owner or the architect may require. Therein, the contractor may request payment for ninety
percent (90%) of that portion of the contract price properly allocable to contract requirements
properly provided, labor, materials and equipment properly incorporated in the work plus ninety
percent (90%) of that portion of the contract price properly allocable to materials or equipment
properly stored onsite (or elsewhere if approved in advance in writing by the owner) for
subsequent incorporation in the work, less the total amount of previous payments received from
the owner. Payment for stored materials and equipment shall be conditioned upon the
contractor's proof satisfactory to the owner, that the owner has title to such materials and
equipment and shall include proof of required insurance. Such application for payment shall be
signed by the contractor and shall constitute the contractor's representation that the work has
progressed to the level for which payment is requested in accordance with the schedule of
values, that the work has been properly installed or performed in full accordance with this
contract, and that the contractor knows of no reason why payment should not be made as
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requested. Thereafter, the architect will review the application for payment and may also
review the work at the project site or elsewhere to determine whether the quantity and quality of
the work is as represented in the application for payment and is as required by this contract.
The architect shall determine and certify to the owner the amount properly owing to the
contractor. The owner shall make partial payments on account of the contract price to the
contractor within twenty (20) days following the receipt by Monroe County Construction
Manager, of each application for payment, from the Architect. The amount of each partial
payment shall be the amount certified for payment by the architect less such amounts, if any,
otherwise owing by the contractor to the owner or which the owner shall have the right to
withhold as authorized by this contract. The architect's certification of the contractor's
application for payment shall not preclude the owner from the exercise of any of its rights as set
forth in paragraph 5.3 herein below.
5.2.4 The contractor warrants that all payments to subcontractors have been made as
certified on the application for payment and that title to all work covered by an application for
payment will pass to the owner no later than the time of payment. The contractor further
warrants that upon submittal of an application for payment, all work for which payments have
been received from the owner shall be free and clear of liens, claims, security interest or other
encumbrances in favor of the contractor or any other person or entity whatsoever.
5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the
contractor on account of such subcontractor's work, the amount to which such subcontractor is
entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor
may only seek payment from the contractor's public construction bond surety. In no event is
the owner obligated to pay any subcontractor an amount owed to it by the contractor.
Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor
and its subcontractors.
5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be
interpreted to constitute an acceptance of any work not in strict accordance with this contract.
5.3 Withheld Payment
5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts previously paid to the contractor, to protect the
owner from loss because of:
(a) defective work not remedied by the contractor nor, in the opinion of the owner,
likely to be remedied by the contractor;
(b)
(c)
fashion;
claims of third parties against the owner or the owner's property;
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;
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(f) persistent failure to carry out the work in accordance with the contract;
(g) damage to the owner or a third party to whom the owner is, or may be, liable.
In the event that the owner makes written demand upon the contractor for amounts
previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall
promptly comply with such demand.
5.4 Unexcused Failure to Pay
5.4.1 If within twenty (20) days after the date established herein for payment to the contractor
by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any
amount then due and payable to the contractor, then the contractor may after seven (7)
additional days' written notice to the owner and the architect, and without prejudice to any other
available rights or remedies it may have, stop the work until payment of those amounts due
from the owner have been received.
5.5 Substantial Completion
5.5.1 When the contractor believes that the work is substantially complete, the contractor shall
submit written notice that the project is ready for substantial completion inspection. The
architect, on the basis of contractor's notice, shall determine that the work is in fact substantially
complete, and report findings to the Construction Manager. The Construction Manager will
inspect the work and will be the final judge as to whether substantial completion has been
achieved. The Architect will prepare a certificate of substantial completion which shall establish
the date of substantial completion, shall state the responsibilities of the contractor for project
security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time
within which the contractor shall complete the items listed therein. The certificate of substantial
completion shall be submitted to the contractor for written acceptance of the responsibilities
assigned to them in such certificate. Upon substantial completion of the work and execution by
both the owner and the contractor of the certificate of substantial completion, the owner shall
pay the contractor an amount sufficient to increase total payments to the contractor to one
hundred percent (100%) of the contract price less five percent (5%) retention and less three
hundred percent (300%) of the reasonable cost as determined by the owner and the architect
for completing all incomplete work, correcting and bringing into conformance all defective and
non-conforming work, and handling all unsettled claims. The certificate of substantial
completion shall not be signed by the Construction Manager unless accompanied by a signed
certificate of occupancy from all governing authorities.
5.6 Completion and Final Payment
5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection,
it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make
final inspection of the work and, if work is complete in full accordance with this contract and this
contract has been fully performed, the architect will promptly issue a final certificate for payment
certifying to the owner that the project is complete and the contractor is entitled to the
remainder of the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final completion of the
work. If the architect is unable to issue its final certificate for payment and is required to repeat
its final inspection of the work, the contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the owner from the contractor's final payment.
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5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the
architect in its certificate of substantial completion, the contractor shall pay the owner the sum
of $500.00 per day for the first 15 days, $1.000.00 per day for the second 15 days, and
$3,5000.00 per day thereafter for each and every calendar day of unexcused delay in achieving
final completion beyond the date set forth herein for final completion of the work. Any sums
due and payable hereunder by the contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be sustained by the
owner, estimated at or before the time of executing this contract. When the owner reasonably
believes that final completion will be inexcusably delayed, the owner shall be entitled, but not
required, to withhold from any amounts otherwise due the contractor an amount then believed
by the owner to be adequate to recover liquidated damages applicable to such delays. If and
when the contractor overcomes the delay in achieving final completion, or any part thereof, for
which the owner has withheld payment, the owner shall promptly release to the contractor those
funds withheld, but no longer applicable, as liquidated damages.
5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the
architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities
connected with the work for which the owner, or the owner's property might be responsible,
have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors
of the contractor and of any and all parties required by the architect or the owner; and the
consent of surety to final payment. The affidavits, releases and waivers required from
subcontractors and materialmen are for the administrative convenience of the owner only.
They do not create an obligation on the part of the owner to assure that any subcontractor or
materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the
contractor's public construction bond surety.
5.6.3 The owner shall make final payment of all sums due the contractor per Section 01027 of
the Technical Specifications Project Manual.
5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by
the contractor except for those claims previously made in writing against the owner by the
contractor, pending at the time of final payment, and identified in writing by the contractor as
unsettled at the time of its request for final payment.
ARTICLE VI
THE OWNER
6.1 Information and Services Required from Owner
6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and
all written and tangible material in its possession concerning conditions below ground at the site
of the project. Such written and tangible material is furnished to the contractor only in order to
make complete disclosure of such material and for no other purpose. By furnishing such
material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in
part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also
furnish surveys, legal limitations and utility locations (if known), and a legal description of the
project site.
6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall
obtain all approvals, easements, and the like required for construction and shall pay for
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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, 10 copies of the contract
documents for execution of the work. The contractor will be charged, and shall pay the owner,
$50.00 per additional set of contract documents which it may require.
6.2 Right to Stop Work
6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this
contract, the owner may order the contractor to stop the work, or any described portion thereof,
until the cause for stoppage has been corrected, no longer exists, or the owner orders that work
be resumed, in such event, the contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor
fails within three (3) days of such stoppage to provide adequate assurance to the owner that
the cause of such stoppage will be eliminated or corrected, then the owner may, without
prejudice to any other rights or remedies the owner may have against the contractor, proceed
to carry out the subject work. In such a situation, an appropriate change order shall be issued
deducting from the contract price the cost of correcting the subject deficiencies, plus
compensation for the architect's additional services and expenses necessitated thereby, if any.
If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the
contractor shall pay the difference to the owner.
ARTICLE VII
THE CONTRACTOR
7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7.
The contractor shall perform no part of the work at any time without adequate contract
documents or, as appropriate, approved shop drawings, product data or samples for such
portion of the work. If the contractor performs any of the work knowing it involves a recognized
error, inconsistency or omission in the contract documents without such notice to the architect,
the contractor shall bear responsibility for such performance and shall bear the cost of
correction.
7.2 The contractor shall perform the work strictly in accordance with this contract.
7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort
and attention. The contractor shall be responsible to the owner for any and all acts or
omissions of the contractor, its employees and others engaged in the work on behalf of the
contractor.
7.4 Warranty
7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such labor
will yield only first-class results, that materials and equipment furnished will be of good quality
and new unless otherwise permitted by this contract, and that the work will be of good quality,
free from faults and defects and in strict conformance with this contract. All work not
conforming to these requirements may be considered defective.
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7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses
necessary and ordinary for the work. The contractor shall secure and pay for all permits,
governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal
bodies having jurisdiction over the project for the proper execution and completion of the work
which are customarily secured after execution of the contract and which are legally required at
the time bids are received. The owner will not assess any County permit or County impact fees
for the building permit issued by the County Building Department. The contractor is responsible
for permit and impact fees issued by City Building Departments and any jurisdiction other than
the County of Monroe. The contractor shall comply with all lawful requirements applicable to
the work and shall give and maintain any and all notices required by applicable law pertaining to
the work.
7.6 Supervision
7.6.1 The contractor shall employ and maintain at the project site only competent supervisory
personnel. Absent written instruction from the contractor to the contrary, the superintendent
shall be deemed the contractor's authorized representative at the site and shall be authorized to
receive and accept any and all communications from the owner or the architect.
7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows:
Name
Function
So long as the individuals named above remain actively employed or retained by the contractor,
they shall perform the functions indicated next to their names unless the owner agrees to the
contrary in writing. In the event one or more individuals not listed above subsequently assumes
one or more of those functions listed above, the contractor shall be bound by the provisions of
this subparagraph 7.6.2 as though such individuals had been listed above.
7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the
owner and the architect for their information, the contractor's schedule for completing the work.
The contractor's schedule shall be revised no less frequently than monthly (unless the parties
otherwise agree in writing) and shall be revised to reflect conditions encountered from time to
time and shall be related to the entire project. Each such revision shall be furnished to the
owner and the architect. Failure by the contractor to strictly comply with the provisions of this
paragraph 7.7 shall constitute a material breach of this contract.
7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and
the architect, one record copy of this contract marked to record on a current basis changes,
selections and modifications made during construction. Additionally, the contractor shall
maintain at the site for the owner and the architect the approved shop drawings, product data,
samples, other similar required submittals and an office for their use. Upon final completion of
the work, all of these record documents shall be delivered to the owner.
7.9 Shop Drawings, Product Data and Samples
7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not
constitute contract documents. Their purpose is merely to demonstrate the manner in which
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the contractor intends to implement the work in conformance with information received from the
contract documents.
7.9.2 The contractor shall not perform any portion of the work requiring submittal and review
of shop drawings, product data or samples unless and until such submittal shall have been
approved by the architect. Approval by the architect, however, shall not be evidence that work
installed pursuant thereto conforms with the requirements of this contract.
7.10 Cleaning the Site and the Project
7.10.1 The contractor shall keep the site reasonably clean during performance of the work.
Upon final completion of the work, the contractor shall clean the site and the project and
remove all waste, together with all of the contractor's property therefrom.
7.11 Access to Work
7.11.1 The owner and the architect shall have access to the work at all times from
commencement of the work through final completion. The contractor shall take whatever steps
necessary to provide access when requested.
7.12 Indemnification and Hold Harmless
7.12.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the
event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay. The
first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an
employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under this
paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation
or benefits payable by or for the contractor or a subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall
hold the owner and architect harmless from loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the contract. However, if the contractor has
reason to believe that the required design, process or product is an infringement of a patent,
the contractor shall be responsible for such loss unless such information is promptly furnished
to the architect.
ARTICLE VIII
CONTRACT ADMINISTRATION
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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
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.
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8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently
proceed with performance of this contract and the owner shall continue to make payments to
the contractor in accordance with this contract. The resolution of any claim under this
paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the
contractor.
8.3.3 Claims for Additional Costs-If the contractor wishes to make a claim for an increase in
the contract price, as a condition precedent to any liability of the owner therefor, the contractor
shall give the architect written notice of such claim within three (3) days after the occurrence of
the event, or the first appearance of the condition, giving rise to such claim. Such notice shall
be given by the contractor before proceeding to execute any additional or changed work. The
failure by the contractor to give such notice and to give such notice prior to executing the work
shall constitute a waiver of any claim for additional compensation.
8.3.3.1 In connection with any claim by the contractor against the owner for compensation in
excess of the contract price, any liability of the owner for the contractor's costs shall be strictly
limited to direct costs incurred by the contractor and shall in no event include indirect costs or
consequential damages to the contractor. The owner shall not be liable to the contractor for
claims of third parties, including subcontractors, unless and until liability of the contractor has
been established therefor in a court of competent jurisdiction.
8.3.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at
the time of the delay is then critical or which during the delay becomes critical, as the sole result
of any act or neglect to act by the owner or someone acting on the owner's behalf, or by
changes ordered in the work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then
the date for achieving substantial completion of the work shall be extended upon the written
notice and claim of the contractor to the owner and the architect, for such reasonable time as
the architect may determine. Any notice and claim for an extension of time by the contractor
shall be made not more than three (3) days after the occurrence of the event or the first
appearance of the condition giving rise to the claim and shall set forth in detail the contractor's
basis for requiring additional time in which to complete the project. In the event the delay to the
contractor is a continuing one, only one notice and claim for additional time shall be necessary.
If the contractor fails to make such claim as required in this subparagraph, any claim for an
extension of time shall be waived. In no event is the contractor entitled to additional
compensation for any delay described in this paragraph 8.3.4 or other paragraphs.
8.4 Field Orders
8.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or in contract time and not inconsistent with the intent of the
contract. Such changes shall be effected by field order and shall be binding upon the
contractor. The contractor shall carry out such field orders promptly.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 12
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a
portion of the work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the
names of persons or entities proposed by the contractor to act as a subcontractor on the
project. The owner shall promptly reply to the contractor, in writing, stating any objections the
owner may have to such proposed subcontractor. The contractor shall not enter into a
subcontract with a proposed subcontractor with reference to whom the owner has made timely
objection. The contractor shall not be required to subcontract with any party to whom the
contractor has objection.
9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein, including those
rights afforded to the owner by subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
contract, by change order or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this contract and
the contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change order shall mean a written order to the contractor executed by the owner and
the architect, issued after execution of this contract, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time, or any combination thereof.
The contract price and the contract time may be changed only by change order.
10.3 Changes in the Contract Price
10.3.1 Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced by
(1) the change in the contract price being set forth in the change order, (2) such change in the
contract price, together with any conditions or requirements related thereof, being initialed by
both parties and (3) the contractor's execution of the change order; or (b) if no mutual
agreement occurs between the owner and the contractor, then, as provided in
subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated
in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined
by the architect on the basis of the reasonable expenditures or savings of those performing,
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 13
deleting or revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5%.
10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so
changed in a proposed change order that application of such unit prices to the quantities of
work proposed will cause substantial inequity to the owner or to the contractor, the applicable
unit prices shall be equitably adjusted.
10.4 Minor Changes
10.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or an extension of the contract time and not inconsistent with the
intent of this contract. Such minor changes shall be made by written field order, and shall be
binding upon the owner and the contractor. The contractor shall promptly carry out such written
field orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this contract as thus
amended, the contract price and the contract time. The contractor, by executing the change
order, waives and forever releases any claim against the owner for additional time or
compensation for matters relating to or arising out of or resulting from the work included within
or affected by the executed change order.
10.6 Notice to Surety; Consent
10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's
surety with reference to all change orders if such notice, consent or approval is required by the
contractor's surety or by law. The contractor's execution of the change order shall constitute
the contractor's warranty to the owner that the surety has been notified of, and consents to,
such change order and the surety shall be conclusively deemed to have been notified of such
change order and to have expressly consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of
this contract, it shall, if required by the architect or the owner, be uncovered for the architect's
inspection and shall be properly replaced at the contractor's expense without change in the
contract time.
11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1
above, it shall, if required by the architect or owner, be uncovered for the architect's inspection.
If such work conforms strictly with this contract, costs of uncovering and property replacement
shall by change order be charged to the owner. If such work does not strictly conform with this
contract, the contractor shall pay the costs of uncovering and proper replacement.
11.2 Correcting Work
11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as
defective or failing to conform to this contract. The contractor shall pay all costs and expenses
associated with correcting such rejected work, including any additional testing and inspections,
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 14
and reimbursement to the owner for the architect's services and expenses made necessary
thereby.
11.2.2 If within one (1) year after final completion of the work any of the work is found to be
defective or not in accordance with this contract, the contractor shall correct it promptly upon
receipt of written notice from the owner. This obligation shall survive final payment by the
owner and termination of this contract. With respect to work first performed and completed
after substantial completion, this one-year obligation to specifically correct defective and non-
conforming 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 01'1 under the laws
of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2
relates only to the duty of the contractor to specifically correct the work.
11.3 Owner May Accept Defective or Non-conforming Work
11.3.1 If the owner chooses to accept defective or non-conforming work, the owner may do so.
In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or non-conforming work and (b) the difference between
the fair market value of the project as constructed and the fair market value of the project had it
not been constructed in such a manner as to include defective or non-conforming work. If the
remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for
its acceptance of defective or non-conforming work, the contractor shall, upon written demand
from the owner, pay the owner such remaining compensation for accepting defective or non-
conforming work.
ARTICLE XII
CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other
public authority, or as a result of an act of the Government, through no fault of the contractor or
any person or entity working directly or indirectly for the contractor, the contractor may, upon
ten (10) days' written notice to the owner and the architect, terminate performance under this
contract and recover from the owner payment for the actual reasonable expenditures of the
contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials,
equipment, tools, construction equipment and machinery actually purchased or rented solely for
the work, less any salvage value of any such items.
12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the
contractor for a period of fifteen (15) days after receiving written notice from the contractor of its
intent to terminate hereunder, the contractor may terminate performance under this contract by
written notice to the architect and the owner. In such event, the contractor shall be entitled to
recover from the owner as though the owner had terminated the contractor's performance
under this contract for convenience pursuant to subparagraph 12.2.1 hereunder.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 15
"
12.2 Termination by the Owner
12.2.1 For Convenience:
12.2.1.1 The owner may for any reason whatsoever terminate performance under this
contract by the contractor for convenience. The owner shall give written notice of such
termination to the contractor specifying when termination becomes effective.
12.2.1.2 The contractor shall incur no further obligations in connection with the work and
the contractor shall stop work when such termination becomes effective. The contractor shall
also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities
and claims arising out of the termination of subcontracts and orders. The owner may direct the
contractor to assign the contractor's rights, title and interest under terminated orders or
subcontracts to the owner or its designee.
12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or
partially completed work and materials, equipment, parts, fixtures, information and contract
rights as the contractor has.
12.2.1.4 (a) The contractor shall submit termination claim to the owner and the
architect specifying the amounts due because of the termination for convenience together with
costs, pricing or other data required by the architect. If the contractor fails to file a termination
claim within one (1) year from the effective date of termination, the owner shall pay the
contractor, an amount derived in accordance with subparagraph (c) below.
(b) The owner and the contractor may agree to the compensation, if any, due
to the contractor hereunder.
(c) Absent agreement to the amount due to the contractor, the owner shall
pay the contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other services
accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
performing the terminated portion of the work, and in terminating the contractor's performance,
plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not
include anticipated profit or consequential damages); provided however, that if it appears that
the contractor would have not profited or would have sustained a loss if the entire contract
would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss, if any;
(iii) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph.
These costs shall not include amounts paid in accordance with other provisions hereof.
The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed
the total contract price as properly adjusted, shall be reduced by the amount of payments
otherwise made, and shall in no event include duplication of payment.
12.2.2 For Cause:
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 16
I ,
12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work
in a timely manner, supply enough properly skilled workers, supervisory personnel or proper
equipment or materials, or if it fails to make prompt payment to subcontractors or for materials
or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a material
provision of this contract, then the owner may by written notice to the contractor, without
prejudice to any other right or remedy, terminate the employment of the contractor and take
possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the contractor and may finish the work by whatever methods it
may deem expedient. In such case, the contractor shall not be entitled to receive any further
payment until the work is finished.
12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work,
including compensation for the architect's additional services and expenses made necessary
thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance,
the contractor shall pay the difference to the owner. This obligation for payment shall survive
the termination of the contract.
12.2.2.3 In the event the employment of the contractor is terminated by the owner for
cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall
thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the
provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached
and incorporated into this contract.
ARTICLE XIV
MISCELLANEOUS
14.1 Governing Law
14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
14.2 Successors and Assigns
14.2.1 The owner and contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreement and obligations contained in this
contract. The contractor shall not assign this contract without written consent of the owner.
14.3 Surety Bonds
14.3.1 The contractor shall furnish the public construction bond in the amount and form set
forth in Section 255.05, Florida Statutes, unless waived by County Commission to the extent
authorized by law.
14.4 Ethics Clause
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 17
14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
14.5 Public Entity Crime Statement
14.5.1 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017
of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
14.6 Assignment of the Architect's Duties
14.6.1 The duties of the architect under this contract may be assigned by the owner, at his
discretion, to a construction manager selected by the owner.
14.7 Trench Safety
14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.).
14.8 Contingency
14.8.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
14.9 Effective Date
14.9.1 This contract will take effect on the date of the signature of the last party to sign.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 18
. - TN WITNESS WHEREOF, each BPt,lY has caused this. ~we~ment to be executed by its
duly authorized representative this / If t day of _ ftP t:-IL ,2000.
I
..,.'{~&A~fL:'f\ BOARD OF COUNTY COMMISSIONERS
. '?A~~~~:; . .. L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
'. ~ ;:F~
By
(SEAL) - -
~:5t a ~
CONTRACTOR
By /J;t~
Title: ___
APPROVED AS TO FORM
B~.
~O~8fR' .
DATE ~-17 -(JJ)..(J
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 19
EXHIBIT A
CONTRACT DOCUMENTS
Document
Date
PLANS:
8/26/99
Sheet T-1
Sheet ST-1
Sheet A-1
Sheet A-2
Sheet A-3
Sheet S-1
Sheet S-2
Sheet S-3
Sheet S-4
Sheet CP-1
Sheet CP-2
Sheet CP-3
Sheet CP-4
Sheet CP-5
Sheet CP-6
Sheet CP.7
Sheet E-1
Sheet E-2
Title Sheet
Site Plan
Demolition Roof Plan
Roof Plan
Details
Low Roof Framing Plan
High Roof Framing Plan
Sections & Details
General Notes & Standard Details
Chilled Water Piping Site Plan
Mechanical Roof Plan
Chilled Water Plant Isometric
Sections & Details
Schedules & Details
Control System Schematic
Courthouse Annex Key Plans
Electrical Site Plan
Electrical Floor Plan/Schedule
SPECIFICATIONS
ADDENDUM NO.1
BID PROPOSAL
1/2000
2/22/00
03/15/00
. 93001)22
Jackson Square Renovations
Monroe County Facilities
Courthouse Annex Chilled Water System and Re-Roofmg
8'99
GENERAL SPECIFICATIONS
TABLE OF-CONTENTS
1. Bidding Documents
Section 00030
Section 00100
Section 00110
Section 00163
Section 00220
Section 00230
Section 00300
Section 00350
Notice of Calling for Bids
Instruction to Bidders
Proposal Fonn
Pre-Bid Substitutions
Geotechnical Data
Site Survey
Scope of Work
Milestone Schedule/Liquidated Damages
2. Contract Documents
Section 00500
Section 00501
Fonn of Agreement Between Owner and Contractor
Public Construction Bond
3. Conditions
Section 00750
Section 00800
Section 00970
Section 00980
General Conditions
Supplementary General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
DIVISION 1- GENERAL REOUIREMENTS
Section 01027
Section 01200
Section 0130 I
Section 01310
Section 01370
Section 01385
Section 01395
Section 01410
Section 01510
Section 01520
Section 01550
Section 01560
Section 01590
Section 01595
Section 01600
Section 01630
Section 01650
Section 01670
Section 01700
Section 01710
Section 01720
Section 01730
Application for Payment
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Document Clarification Requests
Testing Laboratory Services
Temporary Utilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post-Bid Substitutions
Starting of Systems
Systems Demonstrations
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
:;
TABLE OF CONTENTS
0001 - I
93001.121
Jackson Square Renovations
Monroe County Facilities
Courthouse Annex Chilled Water System and Re-Roofing
S'99
DIVISION 02-SITE WORK
Section 02070
Selective Demolition
DIVISION 03-CONCRETE
Section 03520 Insulating Concrete Decks
See Structural Drawings for Structural Specifications
DIVISION 04-MASONRY
See Structural Drawings for Structural Specifications
DIVISION OS-METALS
See Structural Drawings for Structural Specifications
DIVISION 06-WOOD
Section 061 00
Rough Carpentry
DIVISION 07-MOISTURE PROTECTION
Section 07552
Section 07620
Section 07920
SBS- Mod. Bit. Membrane roof
Sealants and Caulking
DIVISION OS-DOORS AND WINDOWS
Section 08110
Metal Doors and Frames
DIVISION 09-FINISHES
Section 09220
Portland Cement Plaster
r
I
I
I
r
I
I
DIVISION 10- J
Section 10520
Fire Ext
DIVISION 11.12. 13 & 14
NOT USED
DIVISION IS-MECHANICAL
Section 15010
Section 15050
Section 15140
Section 15250
Section 15300
Section 15510
Section 15540
Section 15685
Basic Mechanical Requirements
Basic Mechanical Materials and Methods
Supports and Anchors
Mechanical Insulation
Fire Protection System (Existing)
Hydronic Piping
HV AC Pumps
Centricfugal Chillers- Water Cooled
TABLE OF CONTENTS
000 I - 2
.
/
9
MONROE COUNTY PURCHASING POLICY
As per Monroe County Purchasing Policy Chapter 3, A-7 (a), any addendum to a
request for formal sealed bids shaD be approved by the Requesting Department
Director, Division Director or designee and the OMB Director or designee.
Please review the attached Addendum No. 1 dated February 23, 2000 for the
Courthouse Annex ChUled Water Systems and Re-roofing , and return as soon as
possible so the contract documents can be modified.
Construction Manager:
County Engineer:
2 . t4:J .el:)
S)Jd? ~::
David S. ~~/7 Date
~~,2./ZL//e>O
Dent Pierce Date
Director of Public Works:
Director of OMB:
?4~~~
JohnCwn~ . are
AddeD_signoff
FROM : Gonzalez Architect.s PHD-E NO. : 3052948217 Feb. 23 2aa0 04:48FM P1
CI VJ 'IJ ti 111 U ~ UJ U ~ U' ~ ~ ~... ., ..., '., ., -~ -. _. - -
~ '. '1~-' . .... ........- -1- -----...- -.. .. I~Pee.l'-D
: , ~_... , .~.....' --: ....._ ~~:. ~ .~, ~H~,:. _. _. _.__..... . .... ~ "?rn ..____
. . ________..___. .__. . ~ . .._ rl
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....___ _~D~.~~:~ _.__...._ .IP..._ .._.
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-..--.......-.... ..-.....
.....-.----~~.....__.....-
---- -.... ...:....-..
FROM : Gonzalez Archi tects
. PHDE NO. : 3052948217
Feb. 23 2000 05: 16PM Pi
JACKSON SQUARE
COURmOUSE ANNEX CHILLED WATER SYSTEM AND RE-
ROOFING .
ADDENDUM NO.1
22 FEBRUARY 2000
The information eontaiDed in this Addendum modifies, supplfllDlmts CI' fep__ idformation
contaiPed in the Bid and is blreby made a pan oltbe Con1lagt D;v'JItftN!lfttt.
1.1 Attached is a copy of the atteDdeea at the numdatOl}' ~rid ~ held on ] 5
February) 2000 It tOO pm at the J".,tr- Square site.
1.2 Cl8ri1ication
Stair Tower No. 4 8Dd elevator roafi arc to be re-nxJfed.
1.3 CJarification .
All fenci. ami nzor wire are to be RlIDOVeCl.
1.4 CWi.fication
Reer stair will be main access for coatractor. Use of elevator must be cootdiPated
tbrou8h Public WOIb employee 1.... Bruce.
1.5 CJarifieation
Area U11de' exiItiug chill.. to be re-roofed.
1.6 Clarification
Delete Section 00220 - GeotedJDi_ Data from the SpccificaboDl Table of
Conteru. nua iDformation ia not neceaary for this project scope.
1.7 Addition
Specification Section 1662.0 UDder 2.1 A MANuPA.C'rnRE1lS. add Oenerac
Power System Model SD27S.
1.8 DrawiDs Sheet CP-l- Add the fo11owina DOte:
ADDlTIVE ALTERNATE #3: TERMINATE PIPING AT REAll OF OLD
COUllTHOUSB ADDmON.
1.9 RlNision
New bid due date is 15 March, 2000 It 3:00 pm.
All other items remain u ca11ed for ill the c:IocumeIP
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9300 U22
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofmg
8/99
SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
COLIE.C- W611J~I~b< I~c..
l2Jh'l &7tJJ I=?/):!: AVG '
,L.{ I AM ( ~l- =3, I ah
I
BID FROM:
The undersigned, having carefully examined the Work and reference Drawings. Specifications, Proposal, and
Addenda thereto and other Contract Documents for the construction of:
Cour-It{OU'7€ >>fjG'I. ~l uA-t' UJ/rrf'X- c;''f/i-rl?tft )JJ17 I2t- ~'4;i
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 hereb)
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.
~vtaJ I:fUj)Puty:(O~t:H.oU?.j.JJp "{)~u.Ar?
(Total Base Bid - words)
L/7L/OI006 )
,
dollars.
I acknowledge receipt of Addenda No.(s) 3It:J -_. :2./2.2 /00
I f
[ have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form /. the required Bid
Security ~. the Non-Collusion Affidavit v'. and the Lobbying and Conflict of Interest Clause l/"'. [n addition
[ have included a certified copy of Contractor's License.
(Check mark items abo\f, as a reminder that the, are included.)
BID PROPOSAL
00110 . ~
, 93001 In
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofmg
8/99
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and
Addenda thereto and other Contract Documents for the construction of:
Cou~THcu~E AJ..;N6f c::::.HI~D UJ,Ar-~'f-~sl~M A}Jv ~-~a:::-I,v64
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 f 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
4J1&3,OO{)
I
Alternate.:#F I
o uz, HlJ )/bUtJ t4V t)Jr/;t:1 ~0"1#O V'J ~ JJb V6lJ-t '([)
(Words)
~ ;L;2Q/OOO
A I tern ate -t'1.
--CwO+tuIJDUD--rtJJ6prtf JJIIJ6 ,t0U5Mi> poUAfS
(Words)
1 / ~ 000
Alternate =ff::- 3
-FlFruv -r!iOLJ~A;JD po LLAf<s
(Words)
Mailing Address
CoL -rE-C- ~~ dJ66g.tIJGt (/J{,
--~ I
IZ.I&q c,1-U \?l tv~
VV1,;!'MI 'fG ~~I~to
J
BID PROPOSAL
00110 - :;
93001.122
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofmg
8'99
Phone Number:
Signed:
Date: :2/ I~/OO
Lo~70 ~;:.JJAAtEZ
(Name)
~?IP6jJl
(Title)
Wi.nm ''-~~:'~-?
BID PROPOSAL
00110 . ~
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
CoL.-lEe, '~J--k;IN6f-~11J& I Nu,
(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 (I).
4. In the statement specified in subsection (I), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state, for
a violation occurring in the workplace no later than five (5) days after such conviction,
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section,
As the person authorized to sign the statement, I certify that this firm complie fully with
the above requirements.
~jJ $/PO
Date
MCPfiS REV 6/91
00110-7
93001.122
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofmg
8/99
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, l o~}JU +f:~)JANDe-z. of the city ~ IAMI ,.:FL-o~I'DA
according to law on my oath, and under penalty of perjury, depose ana say that:
'f:.JJh,,}J66l!-l~ {tic...
/
the bidder making the Proposal for the project described in the notice for calling for bids for:
1 am ~I DF.):)t
of the firm of C/O (". -L~
L
(-Du~"'n-louc,G /JJ.;#Jf:Y. ~IUhD UJAr-e,~ 0Yt:;l~jA,...).JJp )?6- eo~,^,6
and that I executed the said proposal with full authority to do so:
') 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:
) 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. pannership or
corporation to submit, or not to submit. a bid for the purpose of restricting competition:
5 the statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said proje
__3p5jPD
(Date)
(Si
STATE OF +=l.t?r-t bA
COUNTY OF -ld I AM I-DAD 5'
PERSONALLY APPEARED BEFORE ME. the undersigned authoril!. Lorenz.n r:e.(nand~ '(
__~ who. after first bei~,~wom b~ me. (name OfJ1~ti(!hal Signing.) affixed hisif1er signature in the space
provided above on this I.::;)~ . da~ of ( __. __ . 't-Q. t.Doo
BIO PROPOSAl
00110 - 6
,,93001.122
My commission expires:
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofmg
8'99
MARrlZAGONZALEz
NOTARY PUBLIC Sl'ATE OF FLORIDA
MY COMMISSION EXP. APR. 'Zl
BID PROPOSAL
00 I 10 - 7
9300 LI 22
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re.Roofmg
8/99
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Co~ Gtbt'~~I~~ ()J0.
(C mpany)
warrants that he/it has not employed. retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 0 I 0-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 0 I 0-1990. For breach or violation of this provision the County may, in its
discretion. terminate this contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of any fee. commission. percentage. gift. or consideration paid
to the former County officer or employee'.
(s;gnS (}uJ
~/12/00
Date:
STATE OF:
=F'Lo~ ();,.;\
MiAMI-bADE;
COUNTY OF:
SUbscr~ and sworn to !.w affirmed) before me on
by fen?o t-ernanrju
or has produced
identification)
marc), l5. z.ccx:; (date)
(name of affiant). 'He/She is personally Icno\lm to m~
as identification. (type of
N~'
BID PROPOSAL
00] 10 - 8
. 93001.122
My commission expires:
Jackson Square Renovations
Monroe County Facilties
Courthouse Annex Chilled Water System and Re-Roofing
8/99
omClAL ~
MARITZAGONZALEZ
NOTARY PUBUC Sf ATE OF FLORIDA
NO, CC830993
MY COMMISSI<?~ ~?'~;.~ 'Zl
BID PROPOSAL
00 I I 0 - 9
AC#':,S,le' 6700" '1,;. ~;rATE OF FL.ORIDA . . ,,:,":'
· DEPARTWENif....t!'F BUSINESS AND PROFESSIbNAL REGUWATI,O,,!
. .' 'QO",5T INDUSTRY Ll<CENS'ING BOARD '
B
061.13/1998 97903997 eM -C05663~
The MECHAN leAL CONl'RAC"fOR
Namedbelow IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2000
.
(\
DELVAT, DANIEL MICHEL
COLTEC ENGINEERING INC
12169 SW 131ST AVE
MIAMI FL 33186
I_AWTON CHILES
GOVERNOR
DISPLAY AS Rt:QUIRED BY LAW
RICHARD T. FARRELL
SECRETARY
~---------------------~-----------------------------------.
DATE
AC# 516 6 6 9 9 STATE Of FLORI[)A
DEPARTMENT. OF BUSlI-..lES8 AND PROFESSIONAL REGULATION
CONGl INDUSTRY LICENSING BOARD'
1.:H.tl:liIIJI'II:I~:j LICENSE NBR
'"./13/1998 97'703997 = CG -C059113
The GENERAL CONTRACTOR
Named below IS CERT I F I ED
Under t.he provisions of Ch~,ter 489 FS.
Expiration date: AUG ~ 1, 2000
IELVAT, DANIEL MICHEL
~OLTEC ENGINEERING INC
12169 SW 131ST AVE
!'lIAMI FL 33186
.0,W TON CH I LEe:,
GOVERNDR
DISPLAY AS REQUIRED BY ~W
RICHARD T. FARRELL
SECRETARY
ClB!i8f1fjt3B9~8086
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THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document 1\310
Bid Bond
KNOW AU MEN BY THESE PRESENTS,
COLTEC ENGINEERING, INC.
as Principal, hereinafter called the Principal, and
The American Insurance Company
a corporation duly organi~ed under the laws of the State of Nebraska
as Surety, hereinafter called the Surety, are held and firmly bound unto
CH_ i-. full _ MId address or leplllll. 01 o-rt
that we
IHere i_ full _ MId .dcIlftl 01 '...' Iill. of Conttactorl
CH_ ;.en IuD __ ..... address or lepl tide 01 Surwtyt
Monroe County
as Obligee, hereinafter called the Obligee, in the sum of
---------Five Percent of Amount Bid--------
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
CH_ i~ full _. add_ and descripcion 01 pcojea)
COURTHOUSE ANNEX CHILLED WATER SYSTEM & RE-ROOFING
PROJECT NO. 93001.122
NOW, THEREFORE, if the Obi.... shall accept the bid of the Principal and the Principal shall enler into a Contract
with the ObUI" in accordance willi the lenns of such bid, and live such bond or bonds IS may be specified in the biddlns
or Contract OocumenlS with sood and sulflcienl surety for !he failhful performance of such Conlract and for the prompt
payrnenl of labor and malerial fumislled in the prosecution thereof, or in the event of the failure of the Principal to enler
such Contract and live such bond or bonds, if the Principal shall pay to !he Obi... the difference not to aceed the penalty
hereof between the amount specirled in said bid and such lar.... amount for which the ObU... may in Fad failll CDntrKt
willi another party 10 perform Ihe Worle cowred by said bid, then this obIiptlon shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 29th day of February . 2000
I (S.MJ
resident
I Com an
ili (5..11
,~
(Title}
Charles D. Nielson. Attorney-in-Fact
AlA DOCUMENT A31.. 110 10NO . AlA. . FEIRUARY 1970 ED . THI AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. A'll., N.W.. WASHINGTON, O. C. 2OllO6
1
GENERAL
POWERf)F
ATI'ORNEY
THEAMEroCANINSU~~CECOMPANY
KNOW ALL ME.'1 BY THESE PRESENTS: ThalTIiE AMERICAN INSURANCE COMPANY, a <Arporation incorporaled under the laws of the Stale of
New Je~ey on Febnfary 20, 1846, and redomesticaled 10 Ibe Slate of Nebraska on June 1. 1990, and having its principal officc in the <AuDly of MariD. State of
Ctlifornia. !lot.s made, cOnStiluled and appolnled, and does by lhese presents make, constitute .and appoilU C HARL E S J. N I EL SON, MARY
ACEVES, BRETT ROSENHAUS, D. MICHAEL STEVENS, KEVIN WOJTOWICZ, CHARLES D.
NIELSON, jointly or severally
. MIAMI LAK'ES FL. , . .
tts true ancrTawfu'T'"AtforneYfa}:"In_Fact, Wlth full power and authonty hereby c:ou1'en-ed In Its name, place and stead. tG execute, seal.
acknowledge and deliver any and all bonds. undertaking, recognizances or other written obligatiot1S in the nature thereof; for all obligees
including any and all consents required. by the Department of Trat1Sportation. State o(Florida. incident tG the release of retained pen:atages
an~orfin~"tima~a._______________________________________________________________
aDd to biDd the Ccrporation thereby as fully aud to the same alent as if such bouds were sicDcd by the President, scaled with the c:otpOralC seal of the
Corporation aud duty ancsted by its Secretary. hereby ratifying and confirming all that the said AUorncy(s)-in-Faa may do in the premises.
nus power of anoruey is granted pumtautto Anide VII. Sections 45 aud 46 of By-laws olTIm AMERICAN INSURANCE COMPANY now in full force and
effect.
"AI'tic:Ie VU. Appoilltmat ad Alltborlty of Residat S<<:rcuries. AIt~sct ad ~,. aet:Itpt LepJ Process ad MdeApparaaa:s.
ScctIoa .cs. AppoUatlllCllt. ne 0Wrmaa of dae Board of Diftcton. die PresideId. D1 VIceoPzaWeac or ..,. otber penoa aadIorized by tile Board of
Directors. die 0Wnua of die Board of Directon. die Praideat Of' aar VIc:e-PresidaIc ~ rn... dale to dale. afIPOiat ResWeat A.ssbWd Secrftaries aad
Anol1leJS-ia-Fact to I'epft:Seat aad ad for &ad 00 behalf of die Corpondoa &ad Acau CO IICICeIIt IepI procas aad lIIILke ~ for &ad _ befudf of die
Corporac.ioo.
Sec:c.ioo ~. A_tborl<< ne aatl10rftr of SIIda Resideac Assktaat Secrecaries. An~.. &ad Aceats...... IN _ PftSCribecIIa die ~.. eDC C'ricIeac:iac
dleirappoialDlellLAar saeta aP90iatmeat aad aJlaadloritr putecl dlerebr...,. be ftftbd ...,......" die BoanIof Direcrorsor."..,. persoa aapctWa'ed to
make SIIda appoiauaem,,"
This Power of &Uamcy is si&ued aDd scaled lUIdcr and by the authority of the foUowiq R--huioa adopced by the Board 0( Direclon of TIm AMERICAN
INSURANCE COMPANY at a meeting duly c::a1Jcd and held on the 31st day of July, 1984" &ad Slid Raomdoa has not bccu ..........f~ or rcpcaIcd:
"RESOLVED, tbat the siczwurc of auy VJCeoPn:sidenc. AssiswIt Secretary, and Rcsideal Assistaal Secr1:wy of this Corporation. &ad the seal of Ibis
Corporation may beafracd or printed on any power of aaorncy, 0Il.my l't:YOCIllion of aaypowa' 0( atIOnIc)". or on aay a:nif'x:ate rcIadq thereto, by fac:simiJe,
and auy power of attorney, .my revoc:aIion of auy power of moruer, or a:nif'1C3tC bcariq sucb facsimile sisDalun: 01' faaimile seal shall be ftJid &ad biDd.ina
upon the Ccrporation:' .
IN WITNESS WHEREOF, 1lfE AMERICAN INSURANCE COMPANY has caused tbese pI'CXIItS to be si&ucd by its Vice-President. aud its COIpOraIe sc:a.110
be hercunco afrlxed this 1 6. 1" h day of
Anal! qr
-
19...9..2-
....~....I
,l~,?......t:. ....
i. ~~.1
~ ~ 1
~"~~". _ .#
'~..5.~~"""
By
~~;~
V_Prcoadcal
STATE OF CALIFORNIA } ss.
COUNTY OF MARIN
Oathis 14thdayof August 191.L.bdoreme1lGSOlW1yc::amc M. A. Mallonee
to me ka~. who. being by me duJy swam, did dcpcse and say: that he is Vice-Prcsidal& of 1BE AMERICAN INSURANCE COMPANY, the Corporatioa
described tn aud which ClIecuted the above instrument; tIw he Icnows the seal of said Corporadoa; tbat the seal aCfacd to the said instrument is such corporate
seal; that it was so afrlxed by order of the Board of Dirc:aors of said Ccrpor2Uon and tha he sigDcd his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my baud aud affIXed my ofrlcia1 sca.I., the daraad yar baau fU'Sl above wrinen.
t-
O
Q.
1
~ -;. ~R;EGE; ... j
COMM.'1Q45112 '0
NOTAllY ;>U8~IC.Cf,lIFORN". 0
AlARI.. ':oJUIlTY
MyCarm. !'.>llIIIGf/.ar 3), 1!lil~ t
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CERIll'ICATE
STATE OF CALIFORNlA
COUNTY OF MARIN
} ~
I. the undc:r-signed. Resident Assistant Sc:c:rctary of THE AMERICAN INSURANCE COMPANY. 3 NEBRASKA Corpol'2tion, DO HEREBY CERTIFY that
the foregOing and attached POWER OF ATIORNEY remains in full force and has aot been revoked; aud furthermore that Anide VII. Sc:c:tions 45 and 46 of the
By-laws of Ihe COrpor.uion, and the Resolution oCrhe Board of Dircaors; Xl forth in the PQwt:r of Anorney, are now ia force.
Signed and sca!ed at the County of Marin. Dated the 29 t h day of
February
~
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EXHIBIT B
INSURANCE REQUIREMENTS
GENERAL INSURANCE REQUIREMENTS
INSURANCE CHECKLIST
GENERAL LIABILITY
VEHICLE LIABILITY
WORKERS' COMPENSATION
BUILDER'S RISK
GL3
VL3
WC3
BR2
WAIVER OF INSURANCE REQUIREMENTS
REQUEST FOR WAIVER
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of personnel and
material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached
schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained
will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor
may require all Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging of
personnel and material) until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of work, resulting from the failure of the
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance shall
not extend deadlines specified in this contract and any penalties and failure to perform assessments shall
be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
· Certificate of Insurance
or
· A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, nonrenewal, 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,
Administrative Instruction
#4709.3
1996 Edition
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.
Administrative Instruction
#4709.3
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
X
Workers' Compensation
Employers Liability
Employers Liability
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
WCl
WC2
WC3
WCUSLH
xx
WCJA
Administration Instruction
#4709.3
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:
GLI
$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,
Administration Instruction
#4709.3
INSCKLST
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits:
VLl
VL2
VL3
x
VL4
BR2
xx
MVC
PR01
PR02
PR03
POLl
POL2
POU
ED!
ED2
GK1
Administration Instruction
#4709.3
$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/$1 ,000,000 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.
$5,000,000 per Occurrence/$ 1 0,000,000 Agg.
Employee
Dishonesty
$ 10,000
$100,000
Garage
$ 300,000 ($ 25,000 per Veh)
INSCKLST
1996 Edition
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
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOI Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg,
AE02 & Omissions $ 500,000 per Occurrence/$ 1 ,000,000 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/$ 1 ,000,000 Agg,
E03 $1,000,000 per Occurrence/$3,000,000 Agg,
Administration Instruction
#4709.3
INSCKLST
. ,
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County,
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements,
GL3
Administration Instruction
#4709.3
55
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL3
Administration Instruction
#4709.3
82
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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.
Ifthe Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program,
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required,
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County,
WC3
Administration Instruction
#4709.3
89
1996 Edition
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
Hail
Explosion
Riot
Civil Commotion
Vehicles
Aircraft
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.
BR2
Administration Instruction
#4709.3
43
1996 Edition
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provIsIOns,
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured - If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority to
waive this provision,
and
· The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss, For this reason,
every attempt should be made to obtain the standard insurance requirements, If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirements form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts,
Should Risk Management deny the Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision
making authority,
Administration Instruction
#4709.3
101
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Administration Instruction
#4709.3
102
ACORD.
INSURANCE BINDER
CSR JV
I
DATE (MMlDDIYY)
05/15/00
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER I iA78.N,;o. Extt 305-714-4400 COMPANY I BINDER # 98556
305-714-4401 THE HARTFORD
DATE TIME DAnf^t'IKAII:JN TIME
I X I AM I X 11201 AM
05/11/00 12: 01 n PM 05/11/01 n NOON
X I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
PER EXPIRING POLICY #: TaD
DESCRIPTION OF OPERATlONSlVEHICLESlPROPERTY (Including Location)
510 Whitehead street, Key West, F1 33040
HBA Insurance Inc.
3401 NW 82 AVE. Suite 300
Miami FL 33122
Car10s Lacasa
CODE:
CUSTOMER ID:
INSURED
I SUB CODE:
COLT-Ol
COL'l'EC ENGINEERING, INC.
12169 S.W. 131ST AVENUE
MIAMI FL 33186
I
LIMITS
COVERAGES
TYPE OF INSURANCE COVERAGElFORMS DEDUCTIBLE COINS % AMOUNT
PROPERTY CAUSES OF LOSS Bui1der's Risk Form 2500 915000
I--- o BROAD ~ SPEC
BASIC
I---
~ Exaluclinq Wincl Peril.
GENERAL LIABILITY GENERAL AGGREGATE $
I---
COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP'OP AGG $
I CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
-
FIRE DAMAGE (Anyone fire) $
-
RETRO DATE FOR CLAIMS MADE: MED EXP (Anyone person) $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
- f.~
ANY AUTO BODILY INJURY (Per person) $
-
ALL OWNED AUTOS ,. i~ ~-- BODILY INJURY (Per accident) $
-
SCHEDULED AUTOS PROPERTY DAMAGE $
-
HIRED AUTOS r'\.; ~'-5J l p~_. MEDICAL PAYMENTS $
f---
NON-OWNED AUTOS PERSONAL INJURY PROT $
f---
W':'\TR: j.';. ,-. ,_ _ vI'S UNINSURED MOTORIST $
I---
$
AUTO PHYSICAL DAMAGE DEDUCTIBLE U ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE
R COLLISION: STATED AMOUNT $
OTHER THAN COL: OTHER
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
I--
ANY AUTO OTHER THAN AUTO ONLY:
I--
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
R UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $
STATUTORY LIMITS
WORKER'S COMPENSATION MONROE COUNTY EACH ACCIDENT $
AND CONSTR1lr,TlON MAMAGEMENT
EMPLOYER'S LIABILITY DISEASE. EACH EMPLOYEE $
lA t\v 1 Q ?nnn DISEASE - POLICY LIMIT $
SPECIAL ~~ FEES $
CONDITIONS!
OTHER TIME: 1" l "- TAXES $
COVERAGES RI=r.FIVEOTBf: I (f'l J I
ESTIMATED TOTAL PREMIUM $
NAME & ADDRESS
MORTGAGEE
LOSS PAYEE
LOAN #
X ADDITIONAL INSURED
MONR002
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
5100 COLLEGE ROAD
KEY WEST FL 33040
AUTHORIZED REPRESENTATIVE
CV
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
----
ACORD 75-S (1/97)
.. ACORD CORPORATION 1993
. . ..,-.-----.- ...
.,.. ----.."""...-----..,.""'....--.........-...-"."."..."........,., ,.""........,.""".........""""..,......,',..,..,'....-....""""".....--..".
C .....]lPtO... .....1:.. 0 '.' 1.... ....... "13' ......... ....... .... .................. "l\I et..J RfsJ'" ". ............... . .... . .
. - ., -.. "... ,..,,,..........,.., -,....., .....".........,' ....... DATE (MM'DDIYY)
ACORDN ". < .,< .....<< ..d ...< ..d <<< ........ "'<ii ...... '. ..... ..... .,. ..< ......<di ... ......< i .. ......} .< ...... .'iesr(.:rv
.. .....lElR.dJ.IA""I"' i.' .....1:: <JA. ...11...1-r-y17lXc::;EECQLT-ol 05/15/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HBA Insurance Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
3401 NW 82 AVE. Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33122 COMPANIES AFFORDING COVERAGE
Carlos Lacasa COMPANY
305-714-4400 Fax No. 305-714-4401 A '!'HE HARTFORD
Phone No.
INSURED COMPANY
B
COMPANY
COLTEC ENGINEERING, INC. C
12169 s.w. 131ST AVENUE COMPANY
MIAMI FL 33186 D
.. .....> ............. ........... ........... ......< i < i ...........
'.' .... ............. ......
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYY) DATE (MMIODIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
I--
A X COMMERCIAL GENERAL LIABILITY 21UUNLH2490 04/21/00 04/21/01 PRODUCTS - COMP'OP AGG $2,000,000
I CLAIMS MADE [i! OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
-
FIRE DAMAGE (Anyone fire) $ 300,000
MED EXP (Anyone person) $ 10,000
AUTOMOBILE LIABILITY
- COMBINED SINGLE LIMIT $ 1,000,000
A ~ ANY AUTO 21UUNLH2490 04/21/00 04/21/01
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
I--
HIRED AUTOS BODILY INJURY
I-- $
NON-OWNED AUTOS (Per accident)
I--
I-- oM rtl1 I PROPERTY DAMAGE $
l_
GARAGE LIABILITY L'Y III-k U/L/j rl)..(,) AUTO ONLY. EA ACCIDENT $
I-- D~TE I 51 fil )D --
ANY AUTO OTHER THAN AUTO ONLY:
I--
7' . 'nn__ -. EACH ACCIDENT $
-
/ AGGREGATE $
EXCESS LIABILITY ", l:.. I'~ I ;: ''f- -' .~ EACH OCCURRENCE
$
==i UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I '!'IC STATU- T 10TH. .'
EMPLOYERS' LIABILITY TORY LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETOR! RINCL EL DISEASE - POLICY LIMIT $
PARTNER~EXECUTlVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
OTHER
A Property Section 21UUNLH2490 04/21/00 04/21/01 B.Per Pro $74,900.
Deductibl $500.
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLE~SPECIAL ITEMS I ~I r'r J.ll r'11 V ft rl
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED.
.
MaY ,1 .,
............ <<.... < ../... n<< ..... < ..... < ~
..... -
I
MONR02H SHOULD ANY OF THE ABOVE DESCRIBED on"
MONROE COUNTY EXPIRATION DATE THEREOF, THE ISSUING.cOMeAI>l~~'f'O~
CONSTRUCTION MANAGEMEN -1:L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
MONROE COUNTY BOARD OF BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
COUNTY COMMISSIONERS MAY 1 9 2000
5100 COLLEGE ROAD OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
KEY WEST FL 33040 ~" UTHOR~NTATlVE _
TIME: 1Y\
.;.,; .'d .'. ..................<i ...... ... .'. ~
.... ACORD CQRPORAT1ONtEl88
:
- I
. AcORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DDJYY\
TM 05/18/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Acordia SE, Central Fla Divsn ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 31686 HOLDER. THIS CERTI~~CA~~o~g~~ NOT AMEND, EXTEND OR
ALT'" THI c;OVERAQ AP D IV THE POLicIES aSLOW.
Tampa, FL 33631-3666
727-796-6666 INSURERS AFFORDI ,..
MrlNI II~ 1:IIIIIIIIY
INSURED Coltec Engineering, Inc. INSURER A: CNA - NATIONAL CONSTRUCTION MANAGEMENT
12169 S,W. 131st Ave. INSURER B: .
Miami FL 33186 INSURER c: IVI A T ~ lJ: ZUUU
INSURER D: -^ -~
" INSURER E: liMe; I'-t"""I \-=-1
COVERAGES UI,
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I~t: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pgklfl EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
-
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $
I CLAIMS MADE D OCCUR M ED EXP (Anyone person) $
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $
--1 POLICY n p'~g;. n LOC
~TOMOBILE LIABILITY 9(}t:. COMBINED SINGLE LIMIT $
ANY AUTO ~:ryr ~~ .~...: t' '" .'. lEa accident)
- . )
- ALL OWNED AUTOS J. BODILY INJURY
$
SCHEDULED AUTOS .,y .7.. IPer person)
- C ~4/ol
HIRED AUTOS
- D~TE c.... - BODILY INJURY $
NON-OWNED AUTOS .. ;:S (Per accident)
-
- \"'!'.~\T?: r'~, ~. PROPERTY DAMAGE $
IPer accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=~l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~ESS LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND BIND397346 5/14/00 5/14/01 X I T"'6~~I~I~S I IOJ~-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $ 100000
E.L. DISEASE - EA EMPLOYEE $ 100000
E.L. DISEASE. POLICY LIMIT $ 500000
OTHER
ilIr?(jl)f rll\ U JI rr~
.. -
DESCRIPTION OF OPERATIONS'LOCATIONSNEHICLES'EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ..
~Y22.
II ., \. ""71 -U I U I ..,. -
-------------.------------~
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
MONROE COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
, COUNTY COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
5100 COLLEGE ROAD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
KEY WEST FL 33040 REPRESE~IVES, JJ .
AUTH~PRESENTRIf' V
I ~ .A 75:. -....
'" .- v
ACORD 25-S (7/97)
7- 79
€l ACORD CORPORATION 1988
,~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
" affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-8 (7/97)
,.,.'
...
THE AMERICAN INSTITUTE OF ARCHITECTS
, ..r
.
Bond No. 1111 9486832
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
COLTEC ENGINEERING, INC.
12169 Southwest 131st Avenue
Miami, Florida 33186
SURElY (Name and Principal Place of Business):
The American Insurance Company
777 San Marin Drive
Novato, California 94998
OWNER (Name and Address):
County of Monroe Board of County Commissioners
5100 College Road
Key West, Florida 33040
CONSTRUCTION CONTRACT
Date:
Amount: $915,000.00
Description (Name and location):
COURTHOUSE ANNEX CHILLED WATER SYSTEM
AND RE-ROOFING PROJECT, KEY WEST, FL
BOND
Date (Not earlier than Construction Contrad Date):
Amount: $915,000.00
Modifications to this Bond: ~ None
o See Page 3
CONTRACTOR AS PRINCIPAL
Company:
Coltec Engine
SURETY
Company: (Corporate Sean
The American Insurance Company
Signature: ~ ().~
Name and Title: Charles D. Nielson,
Attorney-in-Fact
Signature:
Name and Titl r
Pr ident
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. other party):
5979 Northwest 151st Street, No. 105
Miami Lakes, Florida 33014
(1(>5) 822-7800
.
AlA DOCUMENT ,ut:z . PERFORMANCE BOND AND PAYMENT BOND. OEaMBER 1984 ED. . AlA <8
THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS NEW YORK "vt., N.W.. WASHINCl'QN, D.C. 2OllO6
THIRD PRINTlNC . MARCl'i 1987
A312.1914 1
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors 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 reason-
able 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 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 accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para.
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; 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 Con.
struction Contract, arrange for a contract to be pre-
pared for execution 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 (, in ex.
cess 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 deter.
mined, 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.
, 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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and.re-
suiting 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 dam-
ages caused by delayed performance or non-perfor.
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
unrelated 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.
a The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga.
tions.
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 retuses or fads
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law. the minimum period of limitation avad-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA 3
niE AMERICAN INSTITUl'f OF ARCHITECTS. 1735 NEW YORK AVE.. N'w.. WASHINGTON. D.C 2000&
THIRD PRINTING. MARCH 1CJ87
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
1. Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature 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 con-
forming 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
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig.
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform 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:
~ame and Title:
Address:
AJ12.1984 3
AlA DOCUMENT A312 . PERFORMANCE BONO "NO PAYMENT BONO. DECEMBER 1984 EO, . "IA ,~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW,. WASHINGTON, D,C. ~000b
THIRD PRINTING. MARCH 1987
FIREMAN'S FUND INSURANCE COMPANY
ASSOCIATED INDE.\INITY CORPORATION
}aA'rfERICAN AuroMOBILE INSURANCE COMPANY
GENERAL POWER OF ATI'ORNEY
KNOW All MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE 'COMPANY. a California corporation, NATIONAL
SURETY CORPORATION, an illinois corporation. lEE AMERICAN INSURANCE COMPANY. a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation. and AMERICAN AUTOMOBILE INSURANCE
COMPANY. a Missouri corporation. (herein collectively called "the Companiesj does each hereby appoint' Charles J. Nielson,
Mary Aceves, Brett Rosenhaus, D. Michael Stevens, Kevin Wojtowicz, Charles D.
Nielson or Warren M. Alter of Miami. Lakes, FL
Don A. Lambert, Jr., Lynn C. Lambert of Palm Beach Gardens, FL
their txue and lawful Attomey(s)-in.Fact, with full power of authority hereby conferred in their name. place and stead, to execute, seal.
acknowledge and deliver any and alJ bonds. undertakings. recognizances or other written obligations in the nature thereof------________
NATIONAL SURElY CORPORATION
THE AMERICAN INSURANCE COMPANY
and to bind the Compames thereby as fuUy and to the same extent as if such boods were signed by the Pn:sideat. sealed with the corporate seals of the
Companies aDd duly attested by the ~' Secretary, herebyntifying and c:onfimDng alJ that the said Aaomcy(s)-iD-Fact may do in the premises.
This power of attomey is granted under and by the authority of Article VlI of the By-laws of each of the Companies wbich provisions are now
in full fOlCC and effect. .
. ' .
This power of attorney is signed and sealed under the authority of the following Resolution adoptccl by the Board of Directors of each of the
Companies at a meeting duly caIled and held, or by written consem. on the 19th day of March. 1995, and said Resolution has not been amended
or repealed:
"1U:SOLVED. that the signatDn: of any Vice-President. Assistant Seaetary, and Resident Assistant Sec:retay of the Companies.
and the seal of the Companies may be affixed or printed 00 any powa- of attorney, on any lCVOCatioo of any power of attorney,
or on any ccnificatc relating thereto. by facsimile, and any power of attomey, any revocation of any power of attorney, or
ccnificatc bearing such facsimile signature or facsimile seal shall be valid ~d binding upon the Companies."
IN WITNESS WHEREOF, the Companies have causedthcse presents to be signed by their Vice-President, and their c:orporatc seals to be hereunto
affixcdthis 29 clay of Februarv ,2000. . . .
FlREMAN's FUND INSURANCE COMPANY
NA110NALSURETY CORPORA1l0N
THEAMERICANINSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORA1l0N
AMERI/\AUTOMOBILEINSURANCE COMPANY
STAIEOFCALIFORNIA}ss By V~ 1<. # ~
COUNTY OF MARIN . VICC-PI=idcut
Onthis 29 clay of Februarv . 2000 ,beforemepersonallycamc Donn R. Kolbeck
to me kDowu. who, being by me duly swom. did depose and say: that he is a Vice-President of each company, desaibed in and which executed
the above iDsttument; that he knows the seals of the said Companies; that the seals affixed to the said insttument arc such company seals; that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. '
' IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal. the day and year herein first above written.
STAlE OF CALIFORNIA } SS
COUNl'Y OF WJUN .
L the UDdersigned, Resident Assistant Secretary of e:lch company. DO HEREBY CERTIFY that the foregoing and attached POWER OF
AlTORNEY remains in full force and has Dot beeD revoked; and furthermore that Article vn of the By-laws of e:lch company, and the Resolution
of the Board of Directors; set fonh in the Power of Attorney, are now in force. '
Signed and ~ed at the County of Marin. Dated the day of
J- ~ - - :~;=~:6-f
~~. Notary Public - Colif~ ~
Morin County
.. MyCanm.'
I~,
,
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I~"'-~. ..
\a\ 81:... L}S i
~"..-.- ,,'ll
'~:;;-.'~" .'
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Resident Assisunt SeCTCt:1ry
COLLINSWOR1H, ALTER, NIELSON, FOWLER & DOWLING, INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 2S5.8S (I) <a)
Bond No
1111 9486 832
Contractor Name
COL TEC ENGINEERING, INe.
Contractor Address
12169 Southwest 131 st Avenue, Miami, Florida 33 186
Contractor Phone No.
(305) 256-0046
Surety Company
The American Insurance Company
Surety Address
777 San Marin Drive, Novato, California 94998
Surety Phone No.
(415) 899-2000
Owner Name
County of Monroe Board of County Commissioners
Owner Address
5100 College Road, Key West, Florida 33040
Owner Phone Number
(305) 292-4560
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No..( If Applicable)
Project Name
Courthouse Annex Chilled Water System and Re-Roofing
Project LocatioD
500 Whitehead Street, Key West Florida 33040
Legal Description and Street Address
KW Part Jackson Square Monroe County Courthouse - G59
Pages 220-222 - OIR 287, Pages 557-559, 500 White Head Street, Key West Florida
Description of Work
Chilled water system and re-roofing
'.
FRONT PAGE
All......... hnnd ..-...f., "..,. d........,.,d 4n............... tn th.. n..... ................ nf A.V n.._ n.........n.' thAt
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No. 1111 9486832
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
COLTEC ENGINEERING, INC.
12169 Southwest 131st Avenue
Miami, Florida 33186
SURETY (Name and Principal Place of Business):
The American Insurance Company
777 San Marin Drive
Novato, California 94998
OWNER (Name and Address):
County of Monroe Board of County Commissioners
5100 College Road
Key West, Florida 33040
CONSTRUCTION CONTRACT
Date:
Amount: $915,000.00
Description (Name and location):
COURTHOUSE ANNEX CHILLED WATER SYSTEM
AND RE-ROOFlNG PROJECT, KEY WEST, FL
BOND
Date (Not earlier than Construction Contract Date):
Amount: $915,000.00
Modifications to this Bond: -0 None
fXl See Page 6
CONTRACTOR AS PRINCIPAL
Company:
Coltec Engine
SURElY
Company: (Corporate Seal)
The Americ~Jnsu:ance co~pany
Signature: ~ ,()-~
Name and Title: Charles D. Nielson,
Attorney-in-Fact
Signature:
Name and Tit'
(FOR INFORMA TlON ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Collinsworth, Mer, Nielson, Fowler & Dowling, me, other party):
5979 Northwest 151st Street, No, 105
Miami Lakes, Florida 33014
(3.95) 822-7800
AlA DOCUMENT 4312 . PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1')84 ED. . "'IA .s
THE AMERICAN INSTITUTE OF ARCHITECTS. 1ns NEW YORK AVE.. N.W.. WASHINC70N. D.C. 20006
THIRD PRI~T:~:;: . MARCH 1917
AJ12-1984 ..
.
'1 The Contractor and the Surety, jOintly and severally,
bind themselves, their heirs, executors, administrators,
successors 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 incor~
rated herein by reference,
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last fumished 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 no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner.
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owqer to the Contractor or to the Surety, that is suffi-
cient 'E:ompliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging 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 Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any. under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior.
ity 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 unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations 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.
including 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 required by
Subparagraph 4,1 or Clause 42.3. or (2) on which the last
labor or service was performed by anyone or the last mat~
rials or equipment were fumished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law.
the minimum period of limitation 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
shafJ 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 statutory or legal requirement
shall be deemed deleted herefrom and proviSions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that thiS
A'A DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 EO, . AlAe
THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE. N W. WASHINGTON. DC 20006
THIRD PRINTING. MARCH 19l1~
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 equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor'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 sig-
nature 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 Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
nfle BONO HEREBY 19 AMENDED SO THAT THE PROV181ON8 AND
LIMITATIONS OF SECTION 256.06 OR SECTION 713,23
F!.ORIOA 5T A TUTES. WHICHEVER IS APPLICABLE. AAI
fHCORPORA TED HEREIN BY REfERENCE.
CONTRACTOR AS PRINCIPAL
Company:
(Space is provided below for additional signatures of added parties. other than those appearing on the cover page.)
(Corporate Seal)
Signature:
Name and Title:
Address:
"
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA OOCUMENT A31:1 . PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 ED. . AlA 3
THE AMERICAN INSTlTUTl: OF ARCHITECTS, 173S NEW YORK AVE.. NoW.. WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1ge7
A312-1984 6
FIREMAN'S FUND INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
}~\fERICAN AUfOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATIORNEY
KNOW All. MEN BY 1lIESE PRESENTS: That FIREMAN'S FUND INSURANCE 'COMPANY, a California corporation, NATIONAL
SURETY CORPORATION, an Dlinois corporation. THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in
Nebraska. ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBll.E INSURANCE
COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Char 1 e s J. N i e 1 son,
Mary Aceves, Brett Rosenhaus, D. Michael Stevens, Kevin Wojtowicz, Charles D.
Nielson or Warren M. Alter of Miami. Lakes, FL
Don A. Lambert, Jr., Lynn C. Lambert of Palm Beach Gardens, FL
their true and lawful Attorney(s)-in-Fac:t, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof------------__
NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
and tDbind the Companies thereby as fully and to the same extent as if such boods were signed by the President, sealed with the corporate seals of the
Companies and duly attested by the Companies' Seaetary, hetebyratifying and confinniDg all that the said Aaomcy(s)-in-Fact may do in the premises.
This power of attomey is granted under and by the authority of Article vn of the By-Jaws of each of the Companies which provisions are now
in full fOlCC and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the
Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended
or repealed:
""RESOLVED. that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of the Companies.
and the seal of the Companies may be affixed or printed on any power of attorney. on any n:vocation of any power of attorney,
or on any certificate relating thereto. by facsimile, and any poWC' of attorney, any revocation of any power of attorney, or
certificate bearing such facsimile signature or facsimile seal shaIl be valid ~d binding upon the Companies."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto
affixedtbis 29 day of Februarv ,2000 .
FlREMAN's FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
1HEAMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
AMERI(\ AUTOMOBn.E INSURANCE COMPANY
By V~ i.. ~
STATE OF CALIFORNIA } SS
COUNTY OF MARIN . Vice-President
Ontbis 29 day of February . 2000 ,beforemepersonallycame Doun R. Kolbeck
to me known, who. being by me duly sworn, did depose and say: that he is a Vice-President of each company, desaibed in and which executed
the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
STATE OF CALIFORNIA} SS
COUNTY OF MARIN .
Ij.:~=f~-J
~ --a . Notcry Pu~lic - Calif~ ~
j Mann County ~
.- MyCcmm . ~
- - - - - - :~~
~u,
1, the Wldersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
AlTORNEY re~ns in full force ~d has not been revoked; and furthe;nnore that Article VII of the By-laws of each company, and the Resolution
of the Board of Directors; set fonh 10 the Power of Attorney, are now 10 force. .
Signed and s~led at the County of Marin. Dated the day of
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Residenl AssisUlII Secrc:l3ry