Item P19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21,2007
Bulk Item: Yes No
Division: COUNTY ATTORNEY
Staff Contact Person: Natileene W. Cassel
Telephone#: 305-292-3470
AGENDA ITEM WORDING:
Discussion of ongoing problems with Pavers & Stone, Inc., the contractor hired
by the County, to provide the exterior finish for the Freeman Justice Center. The
contractor has been unable to provide a bond or alternative as required by contract and by
Florida Statute. The Board of County Commissioners should make a determination to
terminate the contract or not and, if the contract is terminated what to do in the
alternative.
ITEM BACKGROUND:
On October 5,2006, the County entered into a contract with Pavers & Stone, Inc.
to furnish and install cast stone and brick on the exterior of the Freeman Justice Building.
The contract did not go out to bid due to its emergency nature, the need to complete the
building in a timely manner. The contract was to be completed 90 calendar days fi'om
commencement. The contract sum was originally $977,590.64; it has been increased by
change orders to $1,1l2,019.55.
The General Conditions of the contract at Article 11.1.1 requires a construction
bond in an amount equal to the contract price, and incorporates the provisions of Florida
Statute ~255,05. The statute states that any person entering into a formal contract with
the County for the construction of a public building shall be required before commencing
the work to deliver to the public ow.p.er (County) a payment and performance bond with a
surety insurer authorized to do business in this state as surety. The statute also allows an
alternative to the bond to be used instead of the bond. In short, without the appropriate
bond or statutory alternative the contractor can not perform the work.
Despite repeated inquiry and insistence by the County Attorney and despite
repeated assurances from the contractor, to date Pavers & Stone, Inc. has not been able to
provide either the bond or an alternative.
The County Attorney has severe concerns that the contractor is not bondable and
cannot provide a statutory alternative; and this inability will cause delay the completion
of the Freeman Justice Center, and brings this problem to the Board for consideration and
direction to staff.
PREVIOUS RELEVANT BOCC ACTION:
Contract approval on 10-5-2007. There have been two change orders related to contract
amount copies of both are attached.
CONTRACT/AGREEMENT CHANGES:
Determination by the BOCC of whether or not to terminate the contract and to determine
the next course of action regarding the exterior finish for the Freeman Justice Center.
1
STAFF RECOMMENDATIONS:
Termination of contract and location of new contractor.
TOTAL COST:
BUDGETED: YES
NO
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: YES
Year
NO
AMOUNT PER MONTH_
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Managem.ent
DIVISIONDIRECTORAPI'ROVAL: ~~ B ~~7
~e A. Hutton, onnty Attorney I'
DOCUM:ENTATION:
Inc1uded_X_
Not Required
DISPOSITION:
2
FREEMAN JUSTICE CENTER BRICK AND STONE
FILE
py
Section 500
Standard Form of Agreement
Be een wner and Contractor
where the basis of payment is a STJPULA TED SUM
A.GREEMENT
made as of the Sixteenth day of August in the year of Two Thousand and Six
On Wonts, fmfit:tde diy, month end yoar.)
BETWEEN the Owner:
(Name and atidre1ss)
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
and the Contractor:
(Name and acfdr6ss)
Pavers & Stone, Inc.
79 Uno Lago Dr.
Juno Beach, Fl 33400
For the follOWing Project Furnish and Install Cast Stone and, Brick on the
(Include detailed description of project. Exterior of the Freeman Justice Building
1oc8Ikm, address end scope)
Facilities Development is:
(Name and ffNidress)
The Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Second Ffoor- Room 2-216
Key West, Florida 33040
The Architect is:
(Name and AddresS)
Currie, Sowards, Aguila - Architects
134 N.E. 1ST Av.
Defray Beach. A. 33444
The Owner and Contractor agree as set forth below.
8/10/2008
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
FREEMAN JUSTICE CENTER BRICK AND STONE
ARTICLE 'I
The Contract DocufMnt&
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Contractors response, Contractor proposal dated July 14,
2006, Drawings, Specifications, Addenda issued prior to execution of this Agreement, Alternates
as accepted by Owner, other documents listed in this Agreement and Modifications iSSUed after
execution of this Agreement: these form the Contract, and are as fully a part of the Contract as
if attached to this Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
Documents, other than Modifications, appears in Article 9.
ARnc~E2
The Work of thlli Contract
The Contractor shall execute the entil'& Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
,-
Scope of Work as specified in the Project Manual for this project, Section 00300.
COntractor shall provide and install cast stone and brick. veneer to the exterior of the Freeman
Justice Center according to the Architectural drawings and spedfications. Contractor is
responsible for all attachment devices to furnish all appropriate attachment mechanisms.
ARTICLE 3
Date of Co~ment and Sub5tamial Compltltion
3.1 The date of commencement is Ole date from which the Contrad Time of Paragraph 3.2
is measured, and shall be the date of thi$ Agreement, as first written above, unless a different
date is stated below or proviSion is made for the date to be fixed in a notice to proceed issued
by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner,
the Contractor shall notify the Owner, through the Director of Facilities Developmem, in writing
not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also
insert any requirements for earfier Substantial Completion of certain porlJons of the Worfc, if not
stated elsewhere in the Contract Documents.)
90 calendar days from date of Commencement
subject to adjustments of the Contract Time as provided by the Contrad Document.
liquidated DSfMgas will be assesmd as provided in Sec. 00350.
8110/2006
ARTICLE 4
Contract Sum
AGREEMENT BElWEEN OWNER AND CONTRACTOR
00500~2
FREEMAN JUSTICE CENTER BRICK AND STONE
4.1 The OWf'ief shan pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Nine Hum:hllld Seventy - Seven Thousand, Five Hundred
NiMty Dollan; and N/100
Dollars ($911,590.64), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted altemates. If decisions on
otheraltemates are to be made by the Owner subsequent to the execution of this
Agreement, attach a schedule of such other altemates showing the amount of each and
the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
N/A
ARnCl~ 5
Progreu Paymenm
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Facilities Development, and upon Project Applications and Certificates ror Payment issued by
the Director of Facilities Development and Architect, the Owner shall make progress payments
on account of the Contract Sum to the contractor as provided below and elsewhere in the
Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar I"i1Onth ending
on the last day of the month.
5.3 Payment shall be made according to the local Govemment Prompt Payment Ad, Sec.
218.70 et. seq. Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of-Values submitted by
the Contractor in accordance with the Contrad Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Facilities
Development or Architect may require. This schedule, unless objected to by the Director of
Facilities Development or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5,5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.a Subject to the provisions of the Contrad: Documents, the amount of each progress
payment shalf be computed as folk>ws:
5.6.1 Take that portion of the Contract Sum propany allocable to completed Work as
detemBined by multiplying the percentage completion of each poriion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten psrcent (10%) Pendng final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications for Payment The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
8/1012008
AGREEMENT aelWEEN OWNER AND CONTRACTOR
005OQ..3
FREEMAN JUSTICE CENTER BRICK AND STONE
nat decrea.se in the Contract Sum shall be actual net cost as confirmed by the Director of
Facilities Development. When both additions and credits covering related Work or substitutions
are involved in a change tile allowance for ovarhead and profit shalt be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contrad Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Ovmer, suitably sterad off the site at a location
agreed upon in writing), Jess rminage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments fTIade by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Facilities Development or Architect
has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum Sufficient to increase the total
payments to Ninew percent (90%) of the Contract Sum, less such amounts as the Director of
Facilities Developmenf~recommends and the Architect detemlines for incomplete Work and
unsettled claims; and
5.7.2 Add, if final completion of the Work is ~r materially delayGCI through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainag8, if any, shall be as follows:
(If it /$ in~ prior to Substantial comp88tion of the entire Work, to r&dtlc6 or limit the
retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above, and
this is not explaIned elsewhere in tmJ> Contract Docul1'l#1mts. insert hete provisions for such
mduction or limitations)
ARTICLE 6
Fina' Payment
Final payment, constituting the entire unpaid balance of the Contrad Sum, shall be made by the
ONner to the Contractor when (1) the Contract has been funy performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Project Certiticate for Payment has bean
issued by the Director of Facilities Development and Architect such final payment shall be
made by the Owner not more than 20 days after the issuarY'..6 of the final Project Approval for
Payment, or as follows:
811012008
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
FREEMAN JUSTICE CENTER BRiCK AND STONE
ARTICLE "1
MiscellaM@us Provisions
7.1 Where reference is made in this Agreement to a provision of t.he General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Not Used,
7.3 Temporary facilities and seiVices:
(Here insert temporary facilities and services which a~ different from or in addition to those
included eJsewhe19 ;n the Contfact Documents.)
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
1,5 A person or affiliate who has bean placed on the convicted vendor list following a
conviction fer public entity crime llWiy not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a centrad: 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
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 ~reshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list
7,6 The foUowing items are included in this contract
a)
Contractor shalf maintain all books, records. and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistenUy applied. Each party to this agreement or their
authorized representatives shall have reasonable and timely access to SUCh recor$
of each other party to this agreement for public records purpos_es during the term of
the agreement and for four years following the termination afthis agreement If an
auditor employed by the County or Clerk determines that monies paid to the
Contractor PUrsuant to this ~nt were spent for purposes not auUlorized by
this agreement, the Contractor shall repay the monies together with interest
calculated pursuant to He. 55.03, FS, running from the date the monies ~re pam
to Contractor.
b) Governing law, Venue. Interpretation, Costs. and Fees: This Agreement shafJ be
Govemed by and construed in accordance with the laws of the State of FlOrida
applicable to contracts rraade and to be psrfomJed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement. the County and Contractor agree
that venue shafllie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. The parties waive fheir rights to trial by jury.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance Of person) shalf be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall be valid and
8/1012006
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
FREEMAN JUSTICE CENTER BRICK AND STONE
shall be enforceable to the fullest extent permitted by Imv unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this AgraGmem, The County
and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as dose as possible to the intent of the stricken
provision. .
d) Attomey's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative Proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attomey's fees, court: costs, as an award against the
non-prevailing party, and shaD include attorney's fees, court costs, in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance With Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, COVEmmts, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by Jaw.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be,
and is, empowered to apply fer, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Adjudication of Disputes or Disagreements, County and Contractor agree that all
disputes and diAglWments' shall be ~ to be resolved by moot and confer
sessions between representatives of each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue Of
issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue Of issues. are still not resoWed to the ~ of the
parties, then any party shall have the right to seek such relief lOr remedy as may be
provided by this Agreement lOr by Florida law. This 8grMmMt and its interpretation
is not subject to arbitration.
i) Cooperation. In the event any administrative or legal Proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or proviSion of the services
under ihis Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration Proceedings related to this
Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understOOd that upon a determination by a
court of competent jurisdk:fjon that discrimination has OCCUrred, this Agreement
8/1012006
AGREEMENT BETWEEN OWNER AND CONTRACTOR
005~
FREEMAN JUSTICE CENTER BRICK AND STONE
automatically terminates without any further action on the part of any party, effective
the date of the court order. County or Contractor agree to comply with all Federal
and Florida statutes, and ail local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) True VI of the Civil Rights
Act of 1964 (Pl 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment af 1972, as amended (20
use 58. 1681~1683, and 1885-1686), \Nhich prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Ad of 1975, as amended (42 use 55. 6101~ 6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Offlce and Treatment Ad of 1972 CPt 92~255).
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pl 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 use S5. 690dd~3 and 2908&-3), as amended, relating to
confidentiality of alc0hoi and drug abuse patent records; 8) TfIIe VIII of the Civil
Rights Act of 1968 (42 use s. st seq.) as amended, relating to nondiscrimination in
the sale, Rlmal or financing of housing; 9) The Americans with Disabilities Ad of
1990 (42 USC s. 1201 Nate), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
prOVision in-the Federal or State staMes which may apply to the parties to, or the
subject matter of, this Agreement.
k) Covenant of No Interest County and Contractor covenant that neither presentiy has
any interest, and shall not acquire any intaf'Ut, which would confiict in any manNff
or degree with its performance under this Agreemen~ and that only interest of each
is to perform and receive benefits as recited in this Agreement.
I) COde of Ethics. County agrees that officers and employees of the County recognize
and will be required to compfy with the standards of conduct for public officers and
employees as delineated in'Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation Of acceptance of gifts; dmng busine~with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure Of use of certain Infonnation.
m) No Solicit.ationJPayment The County and Contractor warrant that, in respect to
itself, it has neither empk)yed nor retained any company Of person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has oot paid or agreGd to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
pe~, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement For the breach or violation of the provision, the
Contractor agrees that the County shatl have 1he right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of SUCh fees, commission, percentage, gift, o.r
consideration.
n) Pubfic Access. "11M! County and Contractor shall allow and permit reasonabJe
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subjad to the proviSions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with
811012008
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-7
FREEMAN JUSTICE CENTER BRICK AND STONE
this Agreement; and the County shall have tile right to unilatemlly cancel this
Agreement upon violation of this provision by Contractor.
0) Non-Waiver of Immunity. Notwithstanding the provisions of See, 768.28, Florida
Statutes, the participation of the County/Owner in this Agreement and the
acquisitiOn of any commercial insurance coverage, seW insurance COVEll'ilge, or local
govemment Iiabifity insurance pool coverage Shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by 1he
County be required to contain any provision for waiver.
p) Privifeges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their ~e functions under this Agreement YJithin the tenitoriallimits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, voJunteEm1, or empfoyees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: NQn..Delegation of Constitutional or
Statutory Duties, This Agreement is not intended to, nor shalf it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by Jaw except to the extent of actual and timely performance thereof by
any participating entity, in \IlIhfch case the performance may be offered in
satisfaction of the obligation or responsibifity, Further, this Agreement is not
intended to, nor shall it be construed as, wthorizlng the delegation of tile
constitutional or statutoJy duties of the County, except to the extent permitted by
Florida constitution, stata statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any thira..
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and th8 Contrador agme that neiIher the Coun4' nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitJements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for !he
purposes contemplated in this Agreement
s) A~ons. ConRctor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
t) No Personal liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agmement of any membar, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shalf be riable personally on this Agreemsnt or be
subject to any personal liability or acoountabifity by reason of the execution of this
Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
8/10/.2006
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-8
FREEMAN JUSTICE CENTER BRICK AND STONE
together shall constitute one and the same instrument and any of the partias hereto
may execute this Agreement by singing any such counterpart.
v) Sdon Headings. Section headings have been insflrted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section
headings am not a part of this Agreement and will not be used in the interpretation
of any provisions of this Agmement
Special Conditions, if any are detailed in Section 00990 of the Pmjad Manual for this Project
ARTICLE 8
TenninaUon or SuspeMion
8.1 The Contract may be terminated by the Ownsr as provided in Article 14 of the General
Conditions.
Article 9
Enumwation of Col'ihct Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enu~ as foIJows:
9,1.1 The Agreement is this executed Standard Form of Agl"Nment Between Owner and
Contractor.
9.1.2 The General Conditions are the General Condffions of the Contract for Construction,
9.1.3 General S~ons Sections 00300, 00350 00400, 00500, 00501, 00750, 00970, OO9SO,
00990,01010,01015,01020,01027,01030,01040,01045,01050,01200,01301,01310,01370,01385,
01395,01400,01410,01421,01500,01510,01520,01550,01595,01600,01630,01631.01640,01700.
01710,01720,01730,01740.
9.1.4 Not Appka~
As listed in Table of Contents, Section ??oo1 of the Project Manual for this project.
9.1.5 The Draviings issued by the Architect for the oonstructJoo of the Freeman Justice Ceni9~
specffically described as A 3.01 A3.02, A3,03, A3.04, A3.0S, A3.06, A3,07 and A3.08
9.1.6 The A.ddenda, if any, am as follows:
Number
Date
Pages
9.1.1 The AAemates, if any, am as fGlows;
Portions of Addenda relatli'lg to bidding requirements are not part of the Contrad Documems unless the
bidding requirements are also enumerated in this Arllde 9,
9.1.8 Other dOCl.lments, if any, forming part of the contract Occuments are as follows:
BALANCE OF PAGE INTEN110NAll Y lEFT BLANK,
SIGNATURE PAGE TO FOllOW.
\~stClL:
8/10.12006
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-9
FREEMAN JUSTICE CENTER BRICK AND STONE
This Agreement is entered into as of the day and year first written above and is executed in at least four
original copies of which one is to be delivered to the Contractor, one each to Facilities Development and
Architect for use in the administration of the Contract, and the remainder to the OWner.
; . Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTiTY.
STATE OF FLORIDA ff ~ rJ
COUNTYff ~'.h/l ~
On this .i.:"day of C-.:..A'-iv-,; 200~, befor me ,the undersigned notary public,
Personally appeared )' '~....." known !o m ,..to be the
Person whose name is subsc' ed above or who produced }.l':"'L
As identification, and acknowledged that he/she is the person wha executed the
above contract with Monroe County for the construction of the Murray E. Nelson
Governm,nt and_ CJ,itural~nter f?, the purposes therein contained.
rra L/.'"1/f"'.. l ( /~"-:; .t- "'--'
No Ill"}; Public . /.)
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/ . /V,V 1 . f. '\. (; { f\.
Print Name J J
My commission expires: ,//.).// r r Seal
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
C?~
Deputy Clerk
AUf] 1 8 2006
By;
Date
(SEAL)
Or:
Witness 1:
~ff
.~
Print Name:
Witness 2:
Print Name:
BOARD Of COUN~OMMISSIONERS
OF MONROE COU ~lORIDA
I;
By
Mayor/Chairman
CONTRACTOR
PAVERS & STONE, INC.
BY.~
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8/10/2006
00500-10
AGREEMENT BETWEEN OWNER AND CONTRACTOR
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ACORDru CERTIFICATE OF LIABILITY INSURANCE DATe (MMiDDfYV)
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PRODUCER Serial# 109815 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION
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FREEMAN JUSTICE CENTER BRICK AND STONE
Section 00750
General Conditions of the Contract for Construction
Where Facilities Development is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3, Contractor 10. Protection of Persons and
, Property
4. Administration of the Contract i 1. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6, Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
ARTICLE 1
8/8/2006
General Conditions of the Contract for Construction
00750-1
FREEMAN JUSTICE CENTER BRICK AND STONE
GENERAL PROVISIONS
1 .1 Basic Definitions
1,1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General. Supplementary and other
Conditions). Drawings, Specifications, addenda issued priorto execution of the Contract,
Owners bid documents, Contractor's payment and performance bond, other documents listed in
the Agreement and Modifications issued after execution of the Contract, and the Contractor's
bid and supporting documentation. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral, The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Architect and Contractor. (2) Between Facilities Development and Contractor, (3) between
the Architect and Facilities Development, (4) between the Owner and a Subcontractor (5)
between any persons or entities other than the Owner and Contractor. The Owner shall,
however. be entitled to enforce the obligations under the Contract intended to facilitate
performance of the duties of Facilities Development and Architect.
1.1.3 The Work: The term 'Work" means the construction and services required by the
Contract Documents. whether completed or partially completed, and includes all other labor,
materials. equipment and services provided or to be provided by the Contractor to fulfill the
Contracto(s obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Facilities Development.
,
1,1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations. sections, details, schedules and
diagrams,
1,1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume which contains the bidding
requirements, sample forms. Conditions of the Contract and Specifications.
1.2 Exooution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor Is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
8/8/2006
General Conditions of the Contract for Construction
00750-2
FREEMAN JUSTICE CENTER BRICK AND STONE
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1 ,2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or In
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated In the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents In accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to al/ other like portions of the Work,
1.3 Ownership and Usa of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Facilities Development, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect. and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection With thi~ Project is not to be construed as publication in
derogation of copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
2 original sealed copies, free of charge, of Drawings and Specifications reasonably necessary
for the execution of the Work. Additional copies may be obtained from Facilities Development at
a fee of $5.00 per page.
1.4 Capitalization
1.4.1 T arms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
8/8/2006
General Conditions of the Contract for Construction
00750-3
FREEMAN JUSTICE CENTER BRICK AND STONE
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2,2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, usa or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through Facilities Development, shall secure and pay for the building
permit.
2,2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness~to avoid delay in orderly progress of the Work.
,
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward aU communications to the Contractor through Facilities
Development and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and COmpletion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor tails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently falls to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies, In such case an appropriate Change Order shall be issued
8/8/2006 General Conditions of the Contract for Construction 00750w4
FREEMAN JUSTICE CENTER BRICK AND STONE
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Facilities
Development's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then or thereafter due
the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference
to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24
hours notice. In the event of safety issues determined to be of a serious nature, as determined
by Facilities Development, notice will be given, and contractor is required to rectify deficiency
immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1 ,1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number, The term "Contractor' means the
Contractor or the Contractor's authorized representative,
3.1 .2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the_Contract that are administered by Facilities Development, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Facilities Development and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Facilities Development or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such e.rror, inconsistency or omission and knowingly failed to
report it to Facilities Development and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in 1he Contract
Documents without such notice to Facilities Development and Architect. the Contractor shall
assume appropriate responsibility for such performance and shall bear a~ appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Facilities Development and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Facilities Development as provided
in Subparagraph 4.6.3.
8/812006
General Conditions of the Contract tor Construction
00750-5
FREEMAN JUSTICE CENTER BRICK AND STONE
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
perlorming portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Facilities Development or Architect
in their administration of the Contract, or by test, inspections or approvals required or performed
by persons other than the Contractor,
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 labor and Materlal$
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work,~whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other parsons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assignad to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determinecf to be detrimental to the Project, as deemed by
Facilities Development, the Contractor will remove anellor replace the employee at the request
of Facilities Development. Employees dismissed from the project will be transported from the
job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Facilities Development, if required, to
accommodate any discovered variations or deviations from the Drawings' and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Facilities Development and Architect that
_mat~rlal~al1d equipmel1tfurnishedunderJl1ecCqmr~ctwill be of good quality and new unless
offi-erwlse required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective, The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
s8/8/2006 General Conditions of the Contract for Construction 00750.6
AUillMANruSTICECENrnRBR~KANDSTONE
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Facilities Development or Architect,
the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pav for all permits. impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received. The Owner will not assess any County buildino oermit or County impact fees.
The Contractor will be responsible for any other building permit costs or impact fees required for
this project. The Contractor shall secure and pay for all building and specialty permits Including
plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Facilities Development, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work ~nowing it to be contrary to laws, "statutes, ordinances,
building codes, and rules and regulations without such notice to Facilities Development,
Architect and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
3.9 Superintendent
3,9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Facilities Development and shall not be changed except
with the consent of Facilities Development, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Facilities Development's approval a Contractor's
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Construction Schedule for the Work, Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised as appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Facilities Development's approval.
3.10.2 The Contractor shall cooperate with Facilities Development in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules,
3.10,5 The Architect will conduct a weekly scheduling meeting which the Contractor shall
attend. At this meeting, the parties can discuss jOintly such matters as progress, scheduling,
and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor ~hall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Facilities Development and Architect and shall be delivered to Facilities
Development for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samplea
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materia's, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Facilities Development, in
accordance with the schedule and sequence approved by Facilities Development, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with Facilities Development in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
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3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Facilities Development and Architect. Such Work shall be in accordance with
approved submittals.
3.12,7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Facilities Development's or Architect's approval of Shop Drawings,
Product Data, Samples or similar submittals unless the Contractor has specifically informed
Facilities Development and Architect in writing of such deviation at the time of submittal and
Facilities Development and Architect have given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by Facilities Development's and Architect's
approval thereof.
3.12.9 The Contractor shail direct specific attention. in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals. to revisions other than those requested
by Facifities Development and Architect on previous submittals.
3.12.10 Informational submittals upon which Facilities Development and Architect are not
expected to take responsive action may be so identified in the Contract Documents.
3.12.11 when professional certification of performance criteria of material~. systems or
equipment is required by the Contract Documents, Facilities Development and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to
Facilities Development for approval by ilie Owner.
-.
3.13 Uu of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law. ordinances,
permits and the Contract Documents and shalf not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Facilities Development before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Facilities Development, Owner and such other contractors: such consent shall
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not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of the Architect/Engineer shall also
be required. The Contractor shall not unreasonably withhold from Facilities Development or any
separate contractor his consent to cutting or othelWise altering the Work.
3.14.3 The Contractor shall arrange for any blackouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work,.whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3,15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Facilities Development.
3.15.2 If the Contractor~fails to clean up as prOvided in the Contract Documents, Facilities
Development may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor. '
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Facilities Development and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Faci/hies Development and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first tan dolfars
($10,00) of remuneration paid to the Contractor is for the indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
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contained elsewhere within this agreement. This provision shall survive the expiration or earlier
termination of this Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.2 facilities Development
4.2.1 Facilities Development is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Facilities
Developmenr means Facilities Development of Monroe County or Facilities Development's
authorized representative.
4.3 Duties, responsibilities and limitations of authority of Facilities Development and
Architect as sat forth in the Contract Documents shall not be restrictad, modified or extended
without written consent of the Owner, Facilities Development, Architect and Contractor.
Consent shall not be unreasonably withheld. '
4.4 In case of termination of employment of the Architect, the Owner shall appoint an
architect against whom the Contractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Facilities Development and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Facilities Development and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 Facilities Development and Architect will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Facilities Development will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Facilities Development and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Facilities Development and the Owner until subsequently revised.
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4,6.4 Not Used
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Architect will not be required
to make exhaustive or continuous onsite inspections to check quality or quantity of the Work.
On the basis of on-site observations as an architect, the Architect will keep the Owner informed
of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the work.
4.6.6 Facilities Development, except to the extent required by Architect will not have control
over or charge of and will not be responsible for construction means, method, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as prOVided in Paragraph 3.3, and neither
will be responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Facilities Development nor the Architect will have control over or
charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Document~ or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Facilities Development, and shall
contemporaneously proVide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Facilities Development and shall be contemporaneously
provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. The Architect will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application for Payment.
After reviewing and certifying the amounts due the Contractors, the Architect will submit the
Project Application for Payment, along with the applicable Contractors' Applications for
Payment, to Facilities Development. -
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, and the certifications of Facilities Development, the Architect will review and approve
the amounts due the Contractors on the Application for Payment.
4.6.10 The Architect wi/J have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with SUbparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying Facilities Development. Subject to review by the Architect,
Facilities Development will have the authority to reject Work which does not conform to the
Contract Documents. Whenever Facilities Development considers it necessary or advisable for
implementation of the intent of the Contract Documents, Facilities Development will have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work Is fabricated, installed or
completed. The foregoing authority of Facilities Development will be subject to the provisions of
Subparagraphs 4,6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of
the Architect. However, neither the Architect's nor Facilities Development's authority to act
under this Subparagraph 4,6.10 nor a decision made by either of them in good faith either to
exercise or not to exercise such authority shall give rise to a duty or responsibility of the
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Architect or Facilities Development to the Contractor~ Subcontractors, material and equipment
suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will reMive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to Facilities Development those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Facilities
Development, while allowing sufficient time in the Architect's profeSSional judgment to permit
adequate review. Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques,' sequences or procedures, The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 Facilities Development will prepare Change Orders and Construction Change Directives.
4,6.14 Following consultation with Facilities Development. the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Artiole 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4,6.15 Not Used,
".-
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion. and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Arohitect will forward to Faoilities Development a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of Facilities Development, Owner or
Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
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drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor, Facilities Development and Architect shall try to
resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. If the parties cannot resolve the dispute or claim, the mattsr shall be
presented to the Board of County Commissioners for Monroe County to resolve the claim or
dispute. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 16th Judicial Circuit, Monroe County, Florida.
4.7.3 Time Urnlts on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Contim.lling Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver cf Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed' or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions, and the parties will follow
the procedure in paragraph 4.7.2.
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4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) Not
Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure
of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure
established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time. written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury lOr Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employeel)or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
ARTICLE 5
SU~CONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contnilcts for Portions of the Work
5,2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Facilities Development for review by the Owner, Facilities Development and Architect the
names of persons or entities (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal portion of the Work. Facilities
Development will promptly reply to the Contractor in writing stating whether or not the Owner I
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Facilities Development or Architect. after due investigation, has reasonable objection to any
such proposed person or entity. Failure of Facilities Development to reply promptly shall
constitute notice of no reasonable objection,
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Facilities Development or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Facilities Development, or
Architect has made reasonable objection.
5.2,3 If the Owner or Facilities Development refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change III Subcontractor, person or entity previously selected if
the Owner, Facilities Development or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which th~ Contractor, by these Documents, assumes toward the Owner,
Facilities Development and Architect. Each subcontract agreement shall preserve and protect
the rights of the Owner, Facilities Development and Architect under the Contract Documents
with respect to the Work to be performed by the Subcontractor so that subcontracting thereof
will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub~subcontractors. The Contractor shall
make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. $ubcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub.subcontractors.
5.4 Contingent Altilgnmsnt of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14,2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing: and
.2 assignment is subject to the prior rights of the surety, If any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted. '
ARnClE 6
CONSTRUCnON BY OWNER OR BY OTHER CONTFilACTORS
6.1 Owner's Right to Perlorm Construction with Own forces and to Award Other
Contracts
6.1 .1 The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, which include persons or entities under separate contracts, The
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Owner further reserves the right to award other contracts in connection with other portions of the
Project or other construction or operations on the site under Conditions of the Contract identical
or substantially similar to these including those portions related to insurance and waiver or
subrogation.
6.1 .2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Facilities
Development, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them. .
6.1 .3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Facilities Development shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Re~pon$ibmty
6.2.1 The Contractor shall afford the Owner's own forces, Facilities Development and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6,2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operatio(ls by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Facilities Development and
Architect apparent dIscrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to raport shall
constitute an acknowledgment that the Owner's own forces or other Contractors' completed or
partially completed or partial completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the contractor.
6,2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters In question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the Same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the oCcurrence of the cause
of the delay, notify Facilities Development in writing, of his contention: setting forth (A) the
cause for the delay, (8) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Facilities Development within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
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.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Facilities
Development for an increase in the Contract price, nor a claim against the Owner or Facilities
Development for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expel)se resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right tOl Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Facilities Development, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1 .1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1 .2 A Change Order shall be based upon agreement among the Owner, Facilities
Development, Architect and Contractor; a Construction Change Directive require agreement by
the Owner, Facilities Development and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be pel10rmed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise. provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Facilities Development and signed
by the Owner, Facilities Development, Architect and Contractor, stating their agreement upon all
of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in .the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
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.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a mannar agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2,3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 Is agree9 upon, the Contractor,
provided a written order signed by the Owner or Facilities Development is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be determined by
daily force accounts in a form acceptable to the Owner and Facilities Development. The daily
force account forms shall identify Contractor and lor Subcontractor personnel by name, total
hours for each man, each piece of equipment and total hours for equipment and all material(s)
by type for each extra Work activity claim. Each daily force account form shall be signed by the
designated Facilities Development's representative no later than the close of business on the
day the Work is performed to verify the items and hours listed. Extended pricing of these forms
shall be submitted to Facilities Development with all supporting documentation required by
Facilities Development for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, Including sales tax
and cost of delivery; cost of labor, including social security, 91d age and unemployment
insurance, and fringe benefits required by agreement or custom; works' or workmen's
compensation insurance; and the rental value of equipment and machinery. Markups for
overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination
of cost, payments on account shall be made as determined by Facilities Development. The
amount of credit to be allowed by the Contractor for any deletion or change, which results in a
net decrease in the Contract Sum, will be the amount of the actual net cost as confirm~d by
Facilities Development. When both additions and credits covering related Work or substitutions
are involved in anyone change, the allollvance for overhead and profit shall be figured on the
basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the credit shall be the net cost. Items considered as overhead shall Include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all
general home/field office expenses. The actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
,2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform
the Work, the maximum mark-up for managing the Work will be five percent (5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
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the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2,5 The Contractor shall furnish to the Owner through Facilities Development, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered, Any additional supporting documentation requested by facilities Development such as
certified quotations or invoices shall be provided by the Contractor to Facilities Development at
no additional cost to the Owner.
7,2,6 If the Contractor claims that any instructions given to him by Facilities Development, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Facilities
Development written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3,
.1 The written notice to Facilities Development for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark~ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor,
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4,7, The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7,2,3 for any dispute or claim item.
1.4 Authority
7.4,1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Facilities Development and shall be binding on the Owner and Contractor, The
Contractor shall carry out such written order promptly,
. ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The dats of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8,1,4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
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8,1.5 The Owner/Facilities Development shall be the final judge as to whether Substantial
Completion has been achieved and certifies the data to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable periOd
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of lime
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Facilities Development, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable. unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Facilities Development, or by any' other cause which Facilities
Development determines may justify the delay, then the Contract Time shall be extended by no
cost Change Order for such reasonable tima as Facilities Development may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Facilities Development not
mora than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise. any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for othsr changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, dalay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPl.ETION
9.1 Contract Sum
9.1 .1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
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9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect,
through Facilities Development, a schedule of values allocated to various portions of the Work,
prepared in such form and supported by such data to substantiate its accuracy as Facilities
Development and Architect may require. This schedule, unless objected to by Facilities
Development or Architect, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.3 Applications for Payment
9.3.1 At least flfteen days before the date established for each progress payment, the
Contractor shall submit to the Architect an itemized Application for Payment for Work completed
in accordance with the schedule of values. Such application shall be notarized and supported
by such data. substantiating the Contractor's rightto payment as the Owner, Facilities
Development or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
,1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise providacl in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditionacl upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for,~uch materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no latsr than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issuacl and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor" Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9,4.1 The Architect will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
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9.4,2 After the Architect's receipt of the Project Application for Payment, Facilities
Development and Architect will either approve the Application for Payment, with a copy to the
Contractor, for such amount as Facilities Development and Architect determine is properly due,
or notify the Contractor in writing of Facilities Development's and Architecfs reasons for
withholding approval in whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
separately by Facilities Development and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of Facilities
Development's and Architect's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Facilities Development or Architect. The issuance of a separate Approval for Payment will
further constitute a representation that the Contractor is entitled to payment in the amount
approved. However, the issuance of a separate Approval for Payment will not be a
representation that Facilities Development or Architect has (1) made exhaustive or continuous
on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) .reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) made examination to
ascertain how or for what purpose the Contractor has used ,money previously paid on account of
the Contract Sum.
9.5 [!)eelslons to Withhold Approval
9.5.1 Facilities Development/Architect may decline to approve an Application for Payment if, in
his opinion, the application is not adequately supported. If the Contractor and Facilities
Development cannot agree on a revised amount, Facilities Development shall process the
Application for the amount it deems appropriate. Facilities Development may also decline to
approve any Application for Payment because of subsequently discovered ~vidence or
subsequent inspections. It may nullify, in whole or part, any approval previously made to such
extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to Facilities Development, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article ii, have been flied with the
Owner and Facilities Development.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
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9.6.1 After Facilities Development and Architect have issued an Approval for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify Facilities Development and Architect. From the total of the
amount determined to be payable on a progress payment, ten percent (10%) of such total
amount will be deducted and retained by the Owner until the final payment is made, The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Facilities Development to be a part of the final quantity for the item of Work
in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub.subcontractors in similar manner.
9.6.3 Facilities Development will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Facilities Development and Architect on account of portions
of the Work done by such Subcontractor.
9,6.4 Neither the Owner, Facilities Development nor Architect shall have an obligation to pay
or to see to the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar toJhat provided in
Subparagraphs 9.6,2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Facilities Development to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
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9.8 Substantial CompDetion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Facilities
Development shall jointly prepare and submit to the Architect a comprehensive list of items to
be completed or corrected. The Contractor shall proceed promptly to complete and correct
items on the list. Failure to include an item on such list does not altsr the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Architect, assisted by Facilities Development, will make an inspection to determine
whether the Work or designated portion thereof is substantially complete. If the inspection
discloses any item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate
of Substantial Completion, complete or correct such item upon notification by the Architect. The
Contractor shall then submit a request for another inspection by the Architect, assisted by
Facilities Development, to determine Substantial Completion. When the Work or designated
portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
which the Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to the
Owner and Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Facilities Development and Architect, the
Owner shall make payment, reflecting aqjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion Is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, reta/nags if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Facilities Development shall
jointly prepare and submit a list to the Architect as provided under Subparagraph 9.8.2.
Consent of the Contractor to partial occupancy or use shalf not be unreasonably withheld. The
stage of the progress of the Work shall be determined by written agreement between the Owner
and Contractor or, if no agreement is reached, by decision of the Architect after consultation
with Facilities Development.
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9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities Development,
Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be
used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.11 0 Finsl Complettien and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Facilities Development a
written notice that the Work is ready for final inspection and acceptance and shall also forward
to Facilities Development a final Contractor's Application for Payment. Upon receipt, Facilities
Development will forvvard the notice and Application to the Architect who will promptly make
such inspection. When the Architect, based on the recommendation of Facilities Development,
finds the Work acceptable under the Contract Documents and the Contract fully performed,
Facilities Development and Architect win promptly issue a final Approval for Payment stating
that to the best of their knowledge, information and belief, and on the basis of their observations
and inspections, the Work has been completed In accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted in
said final Approval is due and payable. Facilities Development's and Architect's final Approval
for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2
as precedent to the Contractor's being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through Facilities Development (1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, If any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract.
9.10.3 Not Used.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be In addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontract.ors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner.
Architect, Facilities Development that the subcontractors and materialmen have been paid is tor
the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in aU its contracts with
subcontractors and materialmen. .
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Facilities Development for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Facilities Development and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall bs resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmlass, by written agreement of the Owner and
Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB). .
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to the Owner, Facilities Development and Architect in writing. The
Owner, Contractor, Facilities Development and Architect shall then proceed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, jn the
event such material or substance is foul1d to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Facilities Development and Architect the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safs containment of such material or
substance. The Contractor, Facilities Development and the Architect will promptly reply to the
Owner in writing stating whether or not any of them has reasonable objection to the persons or
entities proposed by the Owner. if the Contractor, Facilities Development or Architect has an
objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor, Facilities Development and the Architect have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affectSd thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Subnsubcontractors;
8/8/2006
General Conditions of the Contract for Construction
00750n27
AUillMANmST~ECENTImBR~KANDSTONE
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused In whole or In part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Facilities Development or Architect or anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be fiable, and not attributable to the
fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition
to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner, Facilities
Development and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety. -
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property. the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be detennined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as speCified
as made part of this Agreement. The Contractor will ensure that the insurance obtained will
extend protection to all subcontractors engaged by the Contractor. As an alternative the
Contractor may require all subcontractors to obtain insurance consistent with the attached
schedules.
8/8/2008
General Conditions of the Contract for Construction
00750~28
FREEMAN JUSTICE CENTER BRICK AND STONE
The Public Construction Bond shail be in an amount at least equal to the contract price. This
contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated
herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Facilities Development's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either Facilities Development or Architect, be uncovered for their observation and
be replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Facilities Development or Architect has
not specifically requested to observe prior to its being covered, Facilities Development or
Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs unless the condition was caused
by the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs. .~
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Facilities Development or
Architect or failing to conform to the requirements of the Contract Documents, whether observed
before or after Substantial Completion and whether or not fabricated, installed or completed.
The Contractor shall bear costs of correcting such rejected Work, including additional testing
and inspections and compensation for Facilities Development's and Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the dats of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable spacial warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly aftef discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 Jf the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by. written notice from the
Architect issued through Facilities Development, the Owner may remove it and store the
salvable materials or equipment at the Contractor's expense. If the Contractor does not pay
costs of such removal and storage within ten days after written notice, the Owner may upon ten
additional days' written notice sell such materials and equipment at auction or at private sale
8/8/2006 General Conditions of the Contract: for Construction 00750~30
FREEMAN JUSTICE CENTER BRICK AND STONE
and shall account for the proceeds thereof, after deducting costs and damages that should have
been borne by the Contractor, including compensation for Facilities Development's and
Architect's services and expel1ses made necessary thereby. If such proceeds of sale do not
cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such
amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceec:lings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instsad of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PReYISUON
13.1 Governing law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 SUCCUSOII'S and Assigns
13.2.1 The Owner or Facilities Development (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract without the written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Facilities Development.
13.3 Written Notice
13.3.1 Anny written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
8/8/2006
General Conditions of the Contract for Construction
00750-31
FREEMAN JUSTICE CENTER BRICK AND STONE
11 .1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified bslow. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insuranc~.
11 .1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractors failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Facilities Development, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or-
A certified copy of the actual insurance policy.
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "AdditionaJ Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
poliCies covering County -owned property.
11.1.10 Any deviations from these Genersllnsurance Requirements must be requested in
writing on ths County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 BuiDder.s Risk Insurance
11.2.1 Builder's Risk Insurance is to be provided by the County.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner as a guarantee for the faithful performance of the Contract (including
guarantee and maintenance provisions) and the payment of all obligations arising thereunder.
8/8/2006 General Conditions of the Contract for Construction 00750-29
FREEI'viAN JUSTICE CENTER BRICK AND STONE
For Contractor:
Pavers & Stone. Inc.
-79 Uno lat;:lO Dr.
Juno Beach. Fl 33408
For Owner: Director of Facilities Development
1100 Simonton St.. Room 2-216
Kev West Florida 33040
Tom Willi. County Administrator
1100 Simonton S1.
Kev West Florida 33,040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Facilities Development, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Unspectlons
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Facilities
Development and Architect timely notice of when and where tests and inspections are to be
made so Facilities Development and Architect may observe such procedures. The Owner shall
bear costs of test, inspections or approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If Facilities Development, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing. inspection or approval not
included under Subparagraph 13.5.1, Facilities Development and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to Facilities Development and Architect of when and where tests and
inspections are to be made so Facilities Development and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failurs of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failurs
8/812006
General Conditions of the Contract for Construction
00750-32
FREEMAN JUSTICE CENTER BRICK AND STONE
including those of repeated procedures and compensation for Facilities Development's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless othelWise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Facilities
Development for transmittal to the Architect.
13.5.5 If Facilities Development or Architect is to observe tests, inspections or approvals
required by the Contract Documents, Facilities Development or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.1 Commemcemel1lt of Statutory limitation Period
13.1.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMUNATiON OR SUSPENSION Of THE CONTRACT
14.1 Termination by the Owner for Cauu
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skUled workers or
proper materials; ,
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Facilities
Development, and upon certification by the Architect that sufficient cause exists to justify such
action, may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any, 12 hours written notice, terminate employment of
the Contractor and may. subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, t~ls, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.1.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for Facilities Development's and Architect's services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
8/8/2006 General Conditions of the Contract for Construction 00750-33
FREEMAN JUSTICE CENTER BRICK AND STONE
unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid
to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with Facilities Development, and this obligation for payment shall
survive termination of the Contract.
14.2 Suspension or Ternunation by the OwnsI' for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
8/8/2006
General Conditions of the Contract for Construction
00750-34
DRUGcFREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
';]t.. w! t.:1/ :f J-1lc~,-{ ../h: '
(Name of Business) I
i. Publisb a statement notifying employees that the unlawful manufilclure, distribution, dispensing.
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees fur violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
ma;ntAining a dmg~free worltplmce, any ava.i.Il:lNe drug 0l:llWSellilg, rehabilitation, and employee ~
programs, and the penalties that may be imposed upon employees fur drug abuse violations,
3. Give each employee engaged, in providing the commodities or contmctual servkes that are under bid a
copy oftbe Slatemellt ~ in subsection (I),
4. In the statement specified in subsection (1), notifY the employees that. as a condition of working on the
commodities or contmctuaJ. servi.cei that are under bid, the employee will abide by the terms of the
statement and will noillY the employer of any conviction of. or plea of guilty or nolo contendere to, any
violation of Ciulpter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for 11 violation occurring in the workplace 00 later than five (5) days after such conviction.
5. Impose a sanction on, or ~ the ~ participation in a drug abuse assistance or
rehabilitation program if fmCh is available in the employee's conummity, or any employee who is 00
oomricted.
6. Mate a good fWtb effort to continue to maintain a drug~free workplace through implementation oftbis
seWoo.
As the penon authorized to sign the statemenl, I certify that this fum complies fully with the above
~.
OMB - MCP#5
NON-COLLUSION AFFIDAVIT
1. ~Ot\l...,S-\-GC-'h oftbe city of \I~II\O ~PA.Cj\.
law on my oath. and tmdeTpooaIty ofpeljmy. depose and say that:
1. lam h~J\tl-~ SHDC_N\
I
ofiliefumof -PA.V'Ckc'~ ~ S\C~ ",.~ (t flc..
the bidder m.a.kiog the Proposal for the project described m~~ for:
-;--- 'j /' J /' / '7" / \> /
,t1~'..'nu; .'~- /"-' ':-lLu (c '1-, f-L'- - ~ ~-.L,.r,.f: 'J-.. LY'-" ',\ \2._
according to
-'
and tIW I executed the said proposal with full autboriiy t do so:
2. the prices in this bid have been arrived at independently without collusion. consultation. communication or
~ fur the pmpooe of restricting competition, as 10 8DY matter re1ati:ng to such prices with My O'd!er
bidder Of with any competitor;
3. unless otherwise required by law, the prices which have been quoted in ibis bid have not been knowingly
disclosed by the bidaer and wiD not knowingly be disclosed ~ the bidder prioi" to bid opening. directly or
indirectly, to any other bidder or to any competitor, and
4. 00 lltte'mpt lias been made or will be made b the bidder to imduce any other person. ~p Of OOlpOrntion
to submit, or not to submit, a bid for the puI'pOSe of ~ competition;
5. d:he statements cootained. in this affidavit are true and correct. and made with full knowledge that Monroe
County relies upon the tmth of the statements contained in this affidavit in awarding contmcts for said project
b ~~""'f-@_
( igna:tme of Bidder)
-l C) (<:::/ L~ lO
(Date)
STATE OF:
~fI::~
COUNTY OF:
t
PERSoNALLY APPI!ARllD BEFORE ME, Iho __llUlhoO",. ~= 51,,4--- _.
after first, being sworn by me. (~ Qf individual signing) affixed bisIhef si - _ in the spaoe provided above on this
5-;p.6.. day of D (~-<. 'L 20i.l:.. , .
Jt' ~//~ ?/
. -' }...-t'. / -.. /L.:.:v":.-.............
NOfARY PUBUC I ./7
My Commission Expires:
l ~~.
'.,1 ~.
... )
'. ANN M. RlGER
lAY COMMISSION II 00302215
o. EXP1RES:JWy2f,2000
..c<l1sdThtu~~~
4
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
-l=lv>'-"-~~ ~-""~'*'(C wanants 1hot hoIit bas not employed, retained
l..:......~"\\ 0 ~ " ,<"::;:>
or otherwise had act: 00 his/its behalf any funner County officer or employee in violation of
Section 2 of Ordimmce No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10..1990, For breach or violation oftbis provision the County
may. in its discretion, terminate this cootract without liability and may also, in its discretion,
deduct from the COD.tract or purchase price, or otherwise recover, the full amount of any fee.
commission, pe:roentage" gift, or consideration paid to the former County officer or employee.
Date:
STATE OF F7(^--^-~~
COUNTYOF 'n,rv'l~
"
BEFORE ME, the undersigned authority,
of individual. signing) in the space provided above on this
who, after first being sworn by me, affixed hisIher
\'~yof
(:,f.kt~ i~_, . 20~. _
/ ,}
":1:.>>-1 r,- ;/" - r. ('.<-"
I ... .... ... I
---- NOTARY PUBLI<<?
My commission expires: ) / /
/1.-:) '/()
OMB - Mep FORM #4
FLST s 255.05
Page 1 of7
West's Florida Statutes Annotated Currentness
Title XVIII. Public Lands and Property (Chapters 253-278)
...~ ChaRter 255. Public Property and Publicly Owned Buildings {Refs & Annas)
"-255.05. Bond of c<<,mtractor c:cmstructing public buildings; form; action by
materialmen
(l)(a) Any person entering into a formal contract with the state or any county, city, or political
subdivision thereof, or other public authority, for the construction of a public building, for the
prosecution and completion of a public work, or for repairs upon a public building or pUblic work shall
be required, before commencing the work or before recommencing the work after a default or
abandonment, to execute, deliver to the public owner, and record in the public records of the county
where the improvement is located, a payment and performance bond with a surety insurer authorized
to do business in this state as surety. A public entity may not require a contractor to secure a surety
bond under this section from a speCific agent or bonding company. The bond must state on its front
page: the name, principal business address, and phone number of the contractor, the surety, the
owner of the property being improved, and, if different from the owner, the contracting public entity;
the contract number assigned by the contracting public entity; and a description of the project
sufficient to identify it, such as a legal description or the street address of the property being
improved, and a general description of the improvement. Such bond shall be conditioned upon the
contractor's performance of the construction work in the time and manner prescribed in the contract
and promptly making paym~nts to all persons defined in s. 713.01 who furnish labor, services, or
materials for the prosecution of the work prOVided for in the contract. Any claimant may apply to the
governmental entity having charge of the work for copies of t~e contract and bond and shall
thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right
of action against the contractor and surety for the amount due him or her, including unpaid finance
charges due under the claimant's contract. Such action shall not involve the public authority in any
expense. When such work is done for the state and the contract is for $100,000 or less, no payment
and performance bond shall be required. At the discretion of the official or board awarding such
contract when such work is done for any county, city, political subdivision, or public authority, any
person entering into such a contract which is for $200,000 or less may be exempted from executing
the payment and performance bond. When such work is done for the state, the Secretary of the
Department of Management Services may delegate to state agencies the authority to exempt any
person entering Into such a contract amounting to more than $100,000 but less than $200,000 from
executing the payment and performance bond. In the event such exemption is granted, the officer or
officials shalf not be personally liable to persons suffering loss because of granting such exemption.
The Department of Management Services shall maintain information on the number of requests by
state agencies for delegation of authority to waive the bond requirements by agency and project
number and whether any request for delegation was denied and the justification for the denial. Any
provision in a payment bond furnished for public work contracts as provided by this subsection which
restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of any
proceeding relating to such bond is unenforceable.
(b) The Department of Management Services shall adopt rules with respect to all contracts for
$200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor
and procedures for determining disbursements from the amount retained on a pro rata basis to
laborers, materialmen, and subcontractors, as defined in s. 713.01.
2. Procedures for requiring certification from laborers, materialmen, and subcontractors, as defined in
s. 713.01, prior to final payment to the contractor that such laborers, materialmen, and
subcontractors have no claims against the contractor resulting from the completion of the work
prOVided for in the contract.
http://web2.westlaw.com/result/documenttext.aspx?blinkedcitelist=False&rs= WL W 6.06&ss... 2/5/2007
FL ST s 255.05
Page 2 of?
The state shall not be held liable to any laborer, materialman, or subcontractor for any amounts
greater than the pro rata share as determined under this section.
(2)(a) 1. If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or
the contractor's agent or attorney may elect to shorten the prescribed time in this paragraph within
which an action to enforce any claim against a payment bond provided pursuant to this section may
be commenced by recording in the clerk's office a notice in substantially the following form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
To: (Name and address of claimant)
You are notified that the undersigned contests your notice of nonpayment, dated ,
, and served on the undersigned on , , and that the time within
which you may file suit to enforce your claim is limited to 60 days after the date of service of this
notice. -
DATED on
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit to enforce
his or her claim against the payment bond within 60 days after service of such notice shall be
extinguished automatically. The clerk shall mail a copy of the notice of contest to the claimant at the
address shown in the notice of nonpayment or most recent amendment thereto and shall certify to
such service on the face of such notice and record the notice. Service Is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or
not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of
the work, furnish the contractor with a notice that he or she Intends to look to the bond for
protection. A claimant who is not in privity with the contractor and who has not received payment for
his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice
of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The
notice of nonpayment may be served at any time during the progress of the work or thereafter but
not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days
after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental
equipment, not later than 90 days after the date that the rental equipment was last on the job site
available for use. Any notice of nonpayment served by a claimant who is not in privity with the
contractor which includes sums for retainage must specify the portion of the amount claimed for
retainage. No action for the labor, materials, or supplies may be instituted against the contractor or
the surety unless both notices have been given. Notices required or permitted under this section may
be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring
an action under the bond against the surety. In any action brought to enforce a claim against a
payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the
services of his or her attorney for trial and appeal or for arbitration, In an amount to be determined
by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable
actions. The time periods for service of a notice of nonpayment or for bringing an action against a
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FL ST s 255.05
Page 3 of7
contractor or a surety shall be measured from the last day of furnishing labor, services, or materials
by the claimant and shall not be measured by other standards, such as the issuance of a certificate of
occupancy or the issuance of a certificate of substantial completion.
(b) When a person is required to execute a waiver of his or her right to make a claim against the
payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in
substantially the following form:
WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of $_, hereby waives its right to claim against the
payment bond for labor, services, or materials furnished through (insert date) to (insert the name of
your customer) on the job of (insert the name of the owner) , for improvements to the following
described project:
(description of project)
ThiS waiver does not cover any retention or any labor, services, or materials furnished after the date
specified. .~
DATED ON
'-'
(Claimant)
By:
(c) When a person is required to execute a waiver of his or her right to make a claim against the
payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in
substantially the following form:
WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of $_, hereby waives its right
to claim against the payment bond for labor, services, or materials furnished to (insert the name of
your customer) on the job of (insert the name of the owner) , for improvements to the following
described project:
(description of project)
DATED ON
'-'
(Claimant)
By:
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FL ST s 255.05
Page 4 of7
(d) A person may not require a claimant to furnish a waiver that is different from the forms in
paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment
of the check.
(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3) The bond required in subsection (1) may be in substantially the following form:
PUBUC CONSTRUCTION BOND
Bond No. (enter bond number)
BY THIS BOND, We _, as Principal and -I a corporation, as Surety, are bound to _, herein
called Owner, in the sum of $_, for payment of which we bind ourselves, our heirs, personal
representatives, successors,- and assigns, jointly and severally.
THE CONDmON OF THIS BOND is that if Principal:
1. Performs the contract dated _, _, between Principal and Owner for construction of _,
the contract being made a part of this bond by reference, at the times and in the manner prescribed
in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains In full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond.
DATED ON _, _
h!tPJ /'Yeb2. ~~st1aw.coD?lreS1.!,ltJ.~oc~entt~xt.~sp~?bl!nk~d~itt?lis~Fal~e&rs= WL.V! 6.0?&s.s... 2/5/2007
FL ST s 255.05
Page 5 of7
(Name of Principal)
By (As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall be construed and
deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under
any circumstances be converted into common law bonds.
(5) In addition to the provisions of chapter 47, any action authorized under this section may be
brought in the county in which the public building or public work is being constructed or repaired. This
subsection shall not apply to an action instituted prior to May 17, 1977.
(6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this
section by a surety shall make reference to this section by number and shall contain reference to the
notice and time limitation pr=ovisions in subsection (2).
(7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or
other political authority an alternative form of security in the form of cash, a money order, a certified
check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of
chapter 625. Any such alternative form of security shall be for the same purpose and be subject to
the same conditions as those applicable to the bond required by this section. The determination of the
value of an alternative form of security shall be made by the appropriate state, county, city, or other
political subdivision.
(8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when
the state, county, municipality, political subdivision, or other public authority makes any payment to
the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity
with the contractor for a written statement under oath of hiS or her account showing the nature of the
labor or services performed and to be performed, if any; the materials furnished; the materials to be
furnished, if known; the amount paid on account to date; the amount due; and the amount to
become due, if known, as of the date of the statement by the claimant. Any such demand to a
claimant who is not in privity with the contractor must be served on the claimant at the address and
to the attention of any person who is designated to receive the demand in the notice to contractor
served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant
of his or her rights under the bond if the demand is not served at the address of the claimant or
directed to the attention of the person designated to receive the demand in the notice to contractor.
The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or
fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the
false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than
one demand for statement of account on a claimant and none of the information regarding the
account has changed since the claimant's last response to a demand, the failure or refusal to furnish
such statement does not deprive the claimant of his or her rights under the bond. The negligent
inclusion or omission of any information deprives the claimant of his or her rights under the bond to
the extent that the contractor can demonstrate prejudice from such act or omission by the claimant.
The failure to furnish a response to a demand for statement of account does not affect the validity of
any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of
account is received by the claimant.
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FL ST s 255.05
Page 6 of7
(9) On any public works project for which the public authority requires a performance and payment
bond, suits at law and in equity may be brought and maintained by and against the public authority
on any contract claim arising from breach of an express provision or an implied covenant of a written
agreement or a written directive issued by the public authority pursuant to the written agreement. In
any such suit, the public authority and the contractor shall have all of the same rights and obligations
as a private person under a like contract except that no liability may be based on an oral modification
of either the written contract or written directive. Nothing herein shall be construed to waive the
sovereign immunity of the state and its political subdivisions from equitable claims and equitable
remedies. The provisions of this subsection shall apply only to contracts entered into on or after July
1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted against the contractor
or the surety on the payment bond or the payment provisions of a combined payment and
performance bond within 1 year after the performance of the labor or completion of delivery of the
materials or supplies. An action for recovery of retainage must be instituted against the contractor or
the surety within 1 year after the performance of the labor or completion of delivery of the materials
or supplies; however, such an action may not be instituted until one of the following conditions is
satisfied;
(a) The public entity has paio out the claimant's retainage to the contractor, and the time proVided
under s. 218.735 or s. 255.073(3) for payment of that retaincme to the claimant has expired;
(b) The claimant has completed all work required under its contract and 70 days have passed since
the contractor sent its final payment request to the public entity; or
(c) At least 160 days have passed since reaching substantial completion of the construction services
purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial
occupancy or use of the project.
(d) The claimant has asked the contractor, in writing, for any of the follOWing information and the
contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of
the request:
1. Whether the project has reached substantial completion, as that term is defined in the contract, or
if not defined in the contract, if beneficial occupancy or use of the project has occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the date the
retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if so, the date
on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d)
is satisfied and an action for recovery of retainage cannot be instituted within the l-year limitation
period set forth in this subsection, this limitation period shall be extended until 120 days after one of
these conditions is satisfied.
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FL ST s 255.05
Page 7 of7
CREDIT(S)
Laws 1915, c. 6867, ~ 1~ Rev.Gen.5t.1920, ~ 3533~ Laws 1925, c. 10035, ~ 1~ Comp.Gen.Laws
1927, ~ 5397~ Laws 1959, c. 59-491, S 1; laws 1963, c. 63-437, ~ 1; Laws 1971, c. 71-47, S 1;
Laws 1977, c. 77-40, SS 1, 2; Laws 1977, c. 77-78, 9 1; Laws 1977, c. 77-81, 9 1; Laws 1980, c. 80-
32, 9 1; Laws 1980, c. 80-54, ~ 1; laws 1982, c. 82-196, 9 1; Laws 1984, c. 84-288, 9 2; Laws
1985, c. 85-130, 9 2; Laws 1988, c. 88-397, ~ 2; Laws 1990, c. 90-109. 9 21. Amended by Laws
1991. c. 91-162, 9 4. eft. May 281 1991; Laws 1992, Co 92-279/ 9 176, eft. July 1. 1992; Laws 1992,
c. 92-286, 9 2, eft. Oct. 1, 1992; Laws 1993. c. 93-96~ eft. April 25, 1993; Laws 1994, c. 94-
322, 9 5. eft. May 31. 1994; laws 1995, c. 95-148, 9 849, eft. July 10, 1995; Laws 1995, Co 95-196,
S 25/ eft. June 8, 1995; Laws 1997. c. 97-219,~ eft. Oct. 1/ 1997; Laws 1998. c. 98-135, 9 1, eff.
July 1. 1998; Laws 1999. c. 99-6. 9 20, eft. June 29, 1999; Laws 1999, c. 99- 13, 9 33, eft. June 29,
1999; Laws 1999, c. 99-345, l3 4, eft. July 1, 1999; Laws 1999, c. 99-386, 9 2. eft. June 18, 1999;
Laws 2001, Co 2001-118, 9 2, eft. May 31. 2001; Laws 2001, c. 2001-211. 9 3. eff. July 1. 2001;
Laws 2005. c. 2005-218, 9 1, eft. June 14, 2005; laws 2005, c. 2005-227, 9 1, eft. Oct. 1. 2005;
Laws 2005, c. 2005-230, 9 13. eff. Oct. 1, 2005.
HISTORICAL AND STATUTORY NOTES
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MONR.OE COUNTY I ENGINEERING IFACILITJES DEVELoPMENT
CONTRAcr CHANGE OlDER
PROJECT TITLE:
Freeman JU8tice cenmr
Jackson Square
Key West. FL
TO CONTRACTOR:
Pavers &: stonG, Inc.
79 Uno !.ago Drive
Juno Beach. Fl 33408
The Contract is Changed as follows:
The original (Contract Sum) (Guaranteed Maximum Price) ...... ...... ......... ............... .... $
Net change by previously authorized Change oro&rs ......... .................. ......... ........,... $;
The !Contract Sum) (Guaranteed Maximum Price) prior to thJs Change Order was ......... $
The (Contract Sum) (Guaranteed Maximum Price) Will be ancreased) (decreased)
umchaf1afK() by this Change Order ................. $;
CHANGE ORDER NO: 1
INITIATION DATE: October 5,2006
CONTRACT DATE: August 16, 2006
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,084,762.87
The Contract TIme will be (Increased) (decreased) lunchal1QE!SD by ...... ............ ( ) N1A
The date of Substantial Completion as of the date of this Change Order is ..90 days from Notice to proceed
Detailed description of change order and justification:
977 ,590.64
0.00
977,590.64
107,172.23
f~:::':=;~.m.33
To IJMf1If wind kMd mmAl~
==.~-:;:::".~~~..~,-
i??:=t:hltlGiJOf;;;;;;;i;;;;;.~~~~
CJntet:.
s:::=;:
!1~
This CM1BGfJ t:WtIIw Is 1.,,, offhe OIkIIlrw ~ 1IMDm.Int.
ARCHITECT:
NlA
b, ~.' ~~ ''''
Pavers 81 stone, 1hf.
Date
CONTRACTOR:
\q./.3o{~
Date
SOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
MONROE COUNTY ATTORNEY
APPRi AS TO FORM,
~-~~
- SUS M. GRIMSLEY
ASSISTANT COUNTY ATT<?'X'EY
Date /D- ,)....,. ()
~ I l~~~ 1
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\
Mayor/Chainnan
/~~
A2-c-=/~
. //1J /d /2"--1 ,::".::.:> GRACEREHM>\N
I .....: . * ~,I'(;O\fM!SSION # DO 200262
.~ ,~~ ~XPtRES; Apnl 6, 2007
"'~or:F-\.~' :~r~(lThr.l B~ge'Nol:H,,!0ett.~i::'
Pavers 81 Stone, Ineo
79 UNO LAGO DRJV:E
JUNO BEACH , FL~ 33408
Ph. 954~723~0705
Fax 954-723-0706
Date:
Phone:
Fax::
OCT. 5, 2006
305-292-4429
305-295-4321
To: (BUYER)
MONROE COU NIT FACILITIES DEV
1100 SIMONTON ST -:aM 2~216
KEY WEST, FL. 33040
ATTN CLARK BRIGGS
Sbip To:
FREEMAN JUSTICE CENTER
500 WHITEHEAD ST.
KEY WEST, FL. 33040
Qty Description Unit Amount
SUPPLY & INSTALL
I 26694 EA WALL ANCHOR D1\918 HOT DIPPED GALV ANlZED $1.21 $32,299.74
;
3353 EA CONTINUOUS CHANNEL ANCHOR GALVANIZED $22.33 $74,872.49
-
-
-
**** tbe above items reflect tbe credit for tbe galvanized masonry straps
-
intRuded in original bid.
-
--
****** 7370 IIf @ .15 $1,105.50
I
***** INCLUDES EPOXY & STAINLESS STEeL SCREWS FOR
INSTALLATION OF CHANNEL SYSTEM.
ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL
954-445-7356 KRAIG SHOOK
WE PROPOSE hereby to furnisb material and labor -
complete in accordance with above specifications for the Sum of :
$107,172.23
Payment as follows: PER AlA CONTRACT PROGRESS PAYMENT SCHEDUl.E
\11 material Is guaranteed to be as speclfled. All worn to be completed In a substantia! workmanlike manner according to speclflcations submitted,
ler standard practices. Any alteration or deviation from above specifications InvoMng extra costs wtll be executed only upon written orders,
lnd wtll become an extra charge over and above the estimate. Pavers 8. Stone Is not reeponslble for damages to underground utilities, sprinklers,
oostlng tile, concrete, landscaping, sod, sidewalk. Flnallnvolce to be determined by field measurement.
)ast due SCC<nlnts will be charged 18% per anum (1.5% per month). If it Ie necessary to place this account In the hands of an attorney for collection,
Iny and an reasonable attorney fees, cost or Interest Incurred by Pavers 8. ston, Inc. in collection or litigation of said overdue balance shall be
:dded to the total balance due.
mYER: Authorized Signature
PAVIERS & STONE, INC.
>>ATE:
DATE:
Change Order Attachment per Ordinance No. 004m1999
@ Change Order was not included in the original contract specifications. Yes I8l No 0
If Yes, explanation: The original contract specifications were designed with the Exterior
Insulated Finishing System (E.1.F.S.).
· Change Order was included in the original specifications. Yes D No l8l
If Yes, explanation of increase in price:
@ Change Order exce~s $25,000 or 5% of contract price (whichever is greater). Yes 0 No IX!
"_.
If Yes, explanation as to why it is not subject for a calling, for bids:
@ Project architect approves the change order. Yes 0 No IX!
If no, explanation of why: The Architect is not required to approve Change Orders for the
Freeman Justice Center.
@ Change Order is correcting an error or omission in design document. Yes DNo I8l
Should a claim under the applicable professional liability policy be made? Yes 0 No 181
Explain:
FREEMAN JUSTICE CENTER BRICK AND STONE
Joint Check Agreement
All payments for cast stone and brick materials will be made payable to both Pavers & Stone,
Inc. and Rinker Materials Corporation.
Monroe County shall, in accordance to the original contract with Pavers & Stone, Inc., retain
100./0 from each progress payment until final payment is made in accordance to Article 6. It will
be the responsibility of Pavers & Stone, Inc. to pay Rinker Materials Corporation in its entirety
when due.
Pavers & Stone, In~ will be the account to which this guarantee applies whose address is 79
Uno Lago Drive, Juno Beach, FL 33408.
Stainless Steel Attachments and Brick will be purchased by Pavers & Stone, Inc. from Rinker
Materials Corporation for the sole purpose of installing s~me at the Freeman Justice Center,
302 Fleming Street, Key West, FL 33040.
For our mutual protection, releases of liens will be required throughout the length of the job.
Monroe County
Facilities Development
1100 Simonton Street
Key West, FL 33040
J);.~~r' /ii.--I Jfj'J:..a.t/.
Title
/6' - .5:- ex.
Date
-H::z~ C~l
Title
I bls ! CAn
ate
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
,-
, '.
J )
\.... ,~r?_C:._.....,_ .. '1 \. ...-'\........., "lA-AJ:......i...--\..
SUSAN M. GRIMSLEY 'l
Da~SSISTAN~ ~OU~T1~TT<.Q~!4EV
Change Order Attachment per Ordinance No. 004m1999
· Change Order was not included in the original contract specifications. Yes I2l No 0
If Yes, explanation: The purpose of this change order is to list the supplier of brick and
stone, Rinker Materials Corporation, as a payee along with our Contractor, Pavers 8. Stone,
Inc., on checks payable for the instalfation of brick and stone on the Freeman Justice Center.
· Change Order was included in the original specifications. Yes 0 No [gJ
If Yes, explanation of increase in price:
e Change Order exceeds $25,000 or 5% of contract price. (whichever is greater). Yes 0 No [gJ
If Yes. explanation as to why it is not subject for a calling for bids:
· Project architect approves the change order. Yes 0 No r8I
If no, explanation of why: The Architect is not required to approve Change Orders for the
Freeman Justice Center.
· Change Order is correcting an error or omission in design document. Yes ONo 181
Should a claim under the applicable professional liability policy be made? Yes 0 No r8I
Explain:
Dee Ub 06 OS:lSro
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561-7466792
p.3
PROJECT TITlE:
Freeman JustIoe Center
Jackson Square
Key West, FL
MONROE COUNTY I ENGINEElUNG IFACH.lTIEs DEVELoPMENT
CONTRACT CHANGE Ol!IDEJt f \
If ~\~.)
INITIATION DATE: October 5, 2006 ~ ~ &1 \ ,~/
Ii Cl ~
MB
CHANGE ORDER NO: 2
TO CONTRACTOR:
Pawm & Slone, Inc.
79 Uno... Ol1ve
Juno BeaCh. FL 33408
CONTRACT DATE: August 16.2006
The Contract is changed as follows:
The original (Contract Sum) (Guaranteed Maximum Price) ... ...... ............... _.. ... _..... .... $ 917,590.84
Net change by previously authorized Change OrdelS ...... ...... ............ .................. ...... $ 107.172.23
The (Contract Sufll) (Guaranteed Maximum Price) prfor to this Change Onter was ... ...... $1.084,782.81
The CComract Sum) (Guaranteed Maximum Price) wfJI be lincre8sacv (deaeased)
(unChanged) by this Change Order ...... ...... ..... $ 27,258.68
The new CContrad Sum) (Guaranteed Maximum Price) including this Change Order is... $1,112.019.55
.
The ContraCl: Time will be (increased) (decreased) !unChana~ by ......... ......... ( ) NlA
The date of Substantia' Completion as of the date of this Change Oroer is ..90 days from Notice to proceed
Detailed descrrption of change order and justification:
~~~~=.~ ~~
:~~~~,;,.~ ..........~-....~bvih~ .
~
This Chanae Order Is 2.19" of the odrTIinsl contnact amount
ARCHITECT:
Not WllJid until .mMllrled bv Owner. ConstruCUon ManaGer and ContndQr
CONTRACTOR:
NlA
DIRECTOR, FACILITIES DEVELOPMENT:
Je
COUNTY ENGINEER:
COUNTY ADMINISTRATOR
s. Koppel, P.E.,_ ia-.
-;7 /r;f
Thomas WilJiJDebbie ~erick-DePuty
/2/" Y-a;
Date
i :-/" jiJ(
Date
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561-7466792
Change Order Attachment per Ordinance No. 004..1999
%
I!
II
~
@I Change Older was not inCluded' in the original contract 5peCificatlons. Yes l81 No 0
if Yes, explanation: The 8ddflionaJ Cast Stone Veneer is a result from the added Sf8CUrlty
deSign.
~ Change Order was included In the Original aP6Cifications. Yes 0 No 181
If Yes, explanation of lnCf\!8H In plica:
· Change Order exceeds $25,000 or 5% of contract PItce (whichever is Q'f8ster). Yes 0 No 181
If Yes, explanation as to why it is not subject for a calling for bK1s:
· Project architect approves the change order. Yes 0 No 181
If no, explanatJon Of why: ihe Amhitect i$ not fflqulnNJ to approve Change OrrieTs for the
Ftweman Justfce CentfN'.
· Change Order is colTeCting en error or omission In deSign document. Yes DNa I8l'
Should 8 daim under the applicable PfOf'essfonaf iiability polley be made? Yes 0 No 181
Explain:
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561-7466782
fO. 1
CHANGE ORDER 1#1
1'0: (BDl(ER)
MONROE COU NT\' FAOLr:rn;s DEV
1100 SIMONTON ST -B.M 2--216
JiaV WEST. FL JJ040
AITN CLARK BRIGGS
Paven . Stoae, Iuc..
79 UNO LAOO DRJV'B
JtnfO BEACH, I'L.. 33408
Ph. 954-723..(W.
:ram: 954-723-0706
MONROE COUNTY
FACILITIES DMLOPMENT
D_: OCT. 5.2006
Phone: ~292-M29 DEe O-Q 2006
FlU: JOS..29S-4321 \0
11ME: .--... \
SId.. To: IEEIVED BY: V
ftEE.MAN JUSna CENTER
.500 WBITEmtu ST.
KEY WEST, n.. JJ040
on.- Descri-D&D Unit AmoUt
SUPPLY "iNSTALL
-
1281 sQn ADDmONAL CAST STONl: VENEER. NOT CLEAJn..v $11.28 $21,15'.61 -1--
DEFINo ON BLUEPRINTS;VIDmi'DD ON l1IELD VlSIT f-
m JULY. 'F.IIE EAST ,WEST, SOUTH ELEVATIONS
VARY BY A GREA'RR QUAN'nTY 'I'IIAN DEPlCD:D -
ON 'I'1m GONZALEZ DRAWINGS.
,
0 r-
......
C) '-
z I~
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"")
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r i.
ANY QUESTIONS PLEAsE nn nmE TO CALL MY CELL
9.54-44$-7356 KRMG SHOOK
WE PROPOSE hereby to famaidq msteriaJ ud "1'-
com,. hi ~ wft.BD lDbove ~cmiou for. &om 9f:
Pllvment as foll@ws: PER AlA CONTRACT PROGRESS PAYMENT SCHIEDlU.E
$27,259.61
BhvIal!a ~ 10 --~. Ai WOlf< 10 tie ~ Ina ~I ~ mmnnar~ to epscllbtions~.
lliIndam ~ Anydlntfon", ~ from lIbove ~ lnvoMog e1dm ~ wm be ~ onfyupon~ ~
11II beoDme M Gllfm ctlarge war and lI!bcwe!he .urDih. ~ & Stnne fa nc4 ~ for ~ to ~ 1lllIIl.ltm;.~,
19 tl!&. cancrete, ~, SDd, ~. FInalInvoa tDbIII~ by fleId~
... -... be -,""......... (''''' ....""""'~ "t 10 _" ..... ""'.......In......... of on """"".. _, ,r'
....-"""""-.-or--..-.-.,ne.In_.or_of____"" r /l . ()
........,-."... \\ ~J; 0'-/'
Ell: AlIIhootud ~ ,....VOS & SlOIIE . IIIC. K ~~ i
"r !
MONROE COUNTY I ENGINEERING IFACD..rrms DEVEWl'MENT
CONTRAcr CHANGE ORDER.
PROJECT TITLE:
FrMman JUStice C&nW
Jackson Square
Key West, Fl
TO CONTRACTOR:
PIMfS 8. Stano. Inc.
79 Uno I..ago Drive
Juno Beach. Fl 33408
The Contract Is changed as follows:
The origlna' (Contract Sufi'\) (Guaranteed Maximum Price) ......... ......... ......... ............. $;
Net change by previOUSly authorfzed Change Orders ...... ...... ............... ......... ...... ...... $;
The (Contract Sum.) (Guaranteed Maximum Price) prior to this Change Order was ......... $
The (Contract Sum) (Guaranteed Maximum price) will be flncreaseq) (decreased)
Woehal'tOelJ) by this Change Omer ................. $
CHANGE ORDER NO: 1
INITIATION DATE: October 5, 2008
CONTRACT DATE: August 16, 2008
The naw (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,084.762.87
The Contract TIme will be ancreased) (decreased) funChanoecO. by ......... ... ...... ( ) NlA
The date of Substantial Completion as of the date of this Change 'Orner Is ..90 days from Notice to proceed
,
9n,590.$4
0.00
977,590.64
107,172.23
Detailed description of change oltter and Justification:
~~~~-:~~~f:
~:~;;;~~-;".,~~=
.c~
~=~~.Stt.33 s!~
l'O~wlnd load mou/~
-
ARCHITECT:
This ChlimD" OtdttHr h: 1'8" of"". OdGfmal ~ _"01.",'-
CONTRACTOR:
NlA
~. -.' ~~'-4
Pavers &. Stone.1hji.
DaW~
\0 D{~
Date
BOARD OF COUNTY COMMfSSIONERS
OF MONROE COUNTY, FlORfDA
By:
MONROE COUNTY ATTORNEY
hI AS ::0 FORM:
- sus~
ASSISTANT COUNTY ATT9':EY
Date /0 - 3-- -; - ()
""
" ! '-1
'j ~ <' , (,
)\:' \,j .,Y
\ ~\';.
Mayor/Chainnan
~
A2-<'~=-?-b
. /Vd"jd /2; '::"'>;":'_ GRACEREHMAN
,... r: .~ ~ ... '.ff CO\!\!'SSION # DD 200282
EXPIRES: April 6, 2007
~ ,-:;.'""
,.~ Of ft tP" !3'irlP.d Thr-J B~lC~~1 Not<i:-:" Set,' :c:.
Pavel's & Stone, me..
79 UNO LAGO DRIVE
JUNO BEACH, FL. 33408
Ph. 964-723-0705
Fax 954-723-0'106
Date:
Phone:
Fax:
OCT. 5, 2006
305.292-4429
305-295-4321
To; (BUYER)
MONROE COU NTY FACILITIES DEV
1100 SIMONTON ST -RM 2-216
KEY WEST, FL. 33040
ATTN CLARK BRIGGS
Ship To:
FREEMAN JUSTICE CENTER
500 WHITEHEAD ST.
KEY WEST, FL. 33040
Otv Descriution Unit Amount
SUPPLY & INSTALL
I 26694 EA WALL ANCHOR DA918 HOT DIPPED GALVANIZED $1.21 $32,299.74
3353 lEA CONTINUOUS CHANNEL ANCHOR GALVANIZED $22.33 $74,872.49
-
-
-
**** the above items reflect tbe credit for tbe galvanized masonry straps
-
included in original.bid. -
. ~
****** 7370 Iff @ .15 $1,105.50
***** INCLUDES EPOXY &: STAINLESS STEeL SCREWS FOR
INSTALLATION OF CHANNEL SYSTEM.
ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL
954-445-7356 KRAIG SHOOK
WE PROPOSE hereby to furnisb material and labor -
complete in accordance witb above specifications for tbe Sum of :
$107,172.23
Payment as follows: PER AlA CONTRACT PROGRESS PAYMENT SCHEDULE
All materlalls guaranteed to be as speclfled. All WOfk to be completed In a substantial workmanlike manner according to specifications submitted,
per standard practices. Any alteration or deviation from above speciflcations Involving extra costlil will be executed only upon written orders,
and will become an extra charge over and abovalhe estImate. Pavers & Stone Is not responsible for damages to underground utilities, sprinklers,
existing lile, concreto, landscaping, sod, sidewalk . Finallnvolce to be detennlned by field measurement.
Past due accounts win be charged 18% per anum (1.5% per month). If Ills necessary 10 place this account In the hands of an a!lomey for collection,
any and alt reasonable attorney fees, cost or Interest Incurred by Pavers 8. Ston, Inc. In collection or litigation of maid overdue balance shall be
added to the total balance due.
BUYER: Autborized Signature
PAVERS &. STONE. INC.
DATE:
DATE:
Change Order Attachment per Ordinance No. 004~1999
1& Change Order was not included in the original contract specifications. Yes 181 No D
If Yes, explanation: The original contract specifications were designed with the Exterior
Insulated Finishing System (E./.F.S.).
· Change Order was included in the original specifications. Yes D No I8l
If Yes, explanation of increase in price:
@ Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No I8l
.-
If Yes, explanation as to why it is not subject for a calling for bids:
· Project architect approves the change order. Yes D No I8l
If no, explanation of why: The Architect is not required to approve Change Orders for the
Freeman Justice Center.
@ Change Order is correcting an error or omission in design document. Yes DNa 181
Should a daim under the applicable professional liability policy be made? Yes D No I8l
Explain:
FREEMAN JUSTICE CENTER BRICK AND STONE
Joint Check Agreement
All payments for cast stone and brick materials will be made payable to both Pavers & Stone,
Inc. and Rinker Materials Corporation.
Monroe County shall, in accordance to the original contract with Pavers & Stone, Inc., retain
100,10 from each progress payment until final payment is made in accordance to Article 6. It will
be the responsibility of Pavers & Stone, Inc. to pay Rinker Materials Corporation in its entirety
when due.
Pavers & Stone, Inc. will be the account to which this guarantee applies whose address is 79
Uno Lago Drive, Juno Beach, FL 33408.
Stainless Steel Attachments and Brick will be purchased by Pavers & Stone, Inc. from Rinker
Materials Corporation fot the sole purpose of installing same at the Freeman Justice Center,
302 Fleming Street, Key West, FL 33040.
For our mutual protection, releases of liens will be required throughout the length of the job.
Monroe County
Facilities Development
1100 Simonton Street
Key West, FL 33040
J{1 q, AClj_w:~~
Monroe County
])i'~~/ /i;}'.' /fi"J~a.v.
Title
./6' " 6 ---ex..
Date
-l=k? ~J\
Title
I DlS/OlfJ
ate
MONROE COUNTY ATTORNEY
APPROVED AS TO FOAM:
-) , .-
'- ~JA~l/S~;-M. ~~I~S'~~ " ~-"1.f:,,-~
ASSISTANT COUNTY ATTQ~NEY
Date {c ~ 1- I... ,[
Change Order Attachment per Ordinance No. 004-1999
· Change Order was not included in the original contract specifications. Yes I8l No 0
If Yes, explanation: The purpose of this change order is to fist the supplier of briok and
stone, Rinker Materials Corporation, as a payee along with our Contractor, Pavers 8. Stone,
Inc., on checks payable for the installation of brick and stone on the Freeman Justice Center.
o Change Order was included in the original specifications. Yes 0 No I2l
If Yes, explanation of increase in price:
e Change Order exceeds $25,000 or 5% of contract price.(whichever is greater). Yes D No I8l
If Yes, explanation as to why it is not subject for a calling for bids:
o Project architect approves the change order. Yes 0 No !gj
If no, explanation of why: The Architect is not required to approve Change Orders for the
Freeman Justice Center.
· Change Order is correcting an error or omission in design document. Yes ONo 181
Should a claim under the applicable professional liability policy be made? Yes 0 No 181
Explain:
, ;}/ ,9-{'i'j- <I'" .~ I /", \'. /~ (Cti<-
MONROE coVNiY I ENhINEERINq /PAtllJTIES DEVEWPME~
CONTRACT CHANGE ORDER f;; (L1.P"~
L--
PROJECT TITLE:
Freeman Justice Center
Jackson Square
Key West, FL
TO CONTRACTOR:
Pavers 8. Stone, fnc.
79 Uno Lago Drive
Juno Beach, FL 33408
CHANGE ORDER NO: 2
INITIATION DATE: October 5,2006
CONTRACT DATE: August 16,2006
The Contract is changed as follows:
The Original (Contract Sum) (Guaranteed Maximum Price) ... ......... '" ............ ............. $ 977,590.64
Net change by previously authorized Change Orders ..................... ..........__ ......... ...... $ 107,172.23
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ... ...... $1,084,762.87
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unChanged) by this Change Order... ... ... ... ..... $ 27,256.68
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,112,019.55
.-
The Contract Time will be (increased) (decreased) (unchanoed) by... ............... ( ) N/A
The date of Substantial Completion as of the date of this Change Order is ..90 days from Notice to proceed
Detailed description of change order and justification:
1.281 SQuare feet of additional cast stone veneer@ $21.28 $27.269.68
Additional cast stone reauired as a result from the additional desian reauested bv th~ Sheriff
and the Judicial Court for securltv issues.
This Chanae Order ;s 2.79% of the oriainal contract amount.
Not valid until sicmed by Owner. Construction Manager and Contmctor
ARCHITECT:
N/A
~g~~
Pavers & Stone, Inc. (
/) ---
DIRECTOR, FACILITIES DEVELOPMENT: U. / _ -.
Je Sa
COUNTY ADMINISTRATOR
.?
S. Koppel, P:.E.
./ r /
; . li (/. ,j' /'
/' f' / \ . /,.'/ . .
Thomas Willi/Debbie FrederickwDeputy
Date
I~
ate
CONTRACTOR:
1~-S-:6'6
Date
COUNTY ENGINEER:
).~ ~
"i cG
Date
, , . //.~;. ,/ ' .!
i f ~.
Date'
./;" ,
/ I ..
. / A
" {'
Change Order Attachment per Ordinance No. 004-1999
@ Change Order was not included in the original contract specifications. Yes 181 No 0
If Yes, explanation: The additional Cast Stone Veneer is a result from the added seourity
design.
€I Change Order was included in the original specifications. Yes 0 No I8l
If Yes, explanation of increase in plice:
II Change Order exceeds $25,000 or 5% of contract pli~ (whichever is greater). Yes 0 No 1&1
If Yes, explanation as to why it is not subject for a callirig for bids:
€I Project architect approves the change order. Yes 0 No 181
If no, explanation of Why: The Architect is not required to approve Change Orders for the
Freeman Justice Center.
e Change Order is correcting an error or omission in design document. Yes DNa I8l
Should a claim under the applicable professlonalliabiltly policy be made? Yes 0 No I8l
Explain:
CHANGE ORDER # .2
PaveI'll 6; Stone, IDe"
79 UNe LAGO DR.IVE
JUNO BEACH, FL. 33408
Ph. 954-723-0705
Fmi: 954-723-0706
Date:
Phone:
Fax:
OCT. 5, 2006
305-292-4429
305-295-4321
To: (BUYER)
MONROE COU NTY FACll.ITIES DEV
1100 SIMONTON ST -RM 2-216
KEY WEST, FL. 33040
ATTN CLARK BRIGGS
Ship To:
FREEMAN JUSTICE CENTER
500 WHITEHEAD ST.
KEY WEST, FL. 33040
Qty Description Unit Amount
SUPPLY&. INSTALL
12tH SQFT ADDmONAL CAST STONE VENEER NOT CLEARLY $21.28 $27,259.68
DEFINED ON BLUEP.RINTS ;VERmlED ON FIELD VISIT -
IN JULY. TIm EAST ,WEST, soum ELEVATIONS ~
VARY BY A GREATER QUANTITY mAN DEPICTED
ON THE GONZALEZ DRAWINGS. ~
-
-
,
ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL
954-445-7356 KRAIG SHOOK
WE PROPOSE hereby to furnish material and labor -
complete in accordance with above specifications for the Sum of :
$27,259.68
Payment as fonows: PER AlA CONTRACT PROGRESS PAYMENT SCHEDULE
All material is guaranteed to be as Specified. All work to be completed in a substantial workmanllke manner accordIng to specifications submitted,
per standard practices. Any alteration or devIation from above speciftcaUons InvolVIng extra costs will be executed only upon written orders,
and will become an extra charge over and above the estImate. Pavers & Stone Is not responsible for damages to underground utilities, sprlnldero,
existing tile, concrete, landscaping, sod, sidewalk. FInal invok:e to be cfetennlned by field measurement.
Past due accounts will be charged 18% per anum (1.5% per month). If Ills necessary to place thls account In the hands of an attorney for collection,
any and all reasonable attorney fees, cost or Interest Incurred by Pavers 8. Ston, Inc. In coIlectkm or Iltlgation of said overdue balance shall be
added to the total balance due.
BUYER: Authorized Signature
PAVERS & STONE, INC.
(~': 16J'M'
'-- ----/ LI U
OK'!~ErY ~O~t!~E
(305) 294-4641
Suzanne A. Hutton. County Attorney**
Robert B. Shillinger, Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileene W. Cassel, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
Via Certified Mail #
Mr. Kraig Shook
Pavers & Stone, Inc.
79 Uno Lago Drive
Juno Beach, FL 33408
and
;:-.-_~
;
January 9, 2007
and Facsimile
Mr. Kraig Shook and
Pavers & Stone, Inc.
725 Hummingbird Way
103
North Palm Beach Florida 33408
Re: Pavers & Stone, Inc. Contract with Monroe County
Dear Mr. Shook;
SOAI'U) OF COUNTY COMMISSIOIf^,ERS
Mayor Mario DiGennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonnyn McCoy, District 3
Sylvia M. Murphy, District 5
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
Mr. Kraig Shook
Pavers and Stone, Inc.
1955 Popps Ferry Road
Apt 2051J
Biloxi, MS 39532
As you know, under your contract with Monroe County and pursuant to Florida Statute 255.05, Pavers and Stone, Inc.
is required to deliver either a payment and performance bond or an alternative to the bond prior to commencement of
the work. The County has given you ample time to produce the bond or an alternative. As of today you have not done
so. The contract requires that the bond be in an amount at least equal to the contract price and it is the policy of
Monroe County that any bond alternative must be in an amount at least equal to the total contract price. We will not
accept a percentage of the contract price as a bond alternative.
This letter is to give you notice that you have until noon on January 16, 2007, to produce proof of a bond or
appropriate alternative at the Office of the County Attorney, located at 502 Whitehead Street, Courthouse Annex, 3rd
Floor, Key West, Florida 33040. If you are unable to produce the bond or alternative at that time and place, I will
advise the Board of County Commissioners that you have failed to provide the required prerequisite to the contract. It
is within their power to determine that the contract is null and void; and to move to award the contract to another
entity .
Please be advised that you are to take no action in furtherance of the contract until a bond or alternative has been
produced, including but not limited to manufacture, purchase, delivery of materials, and hiring of personneL If you
take any action in furtherance ofthe contract you do so at your own risk and Monroe County assumes no
responsibility for those actions.
Sincerely,
Suzanne A. Hutton
Monroe County Attorney
cc. County Commission
County Administrator
Mr. David Koppel
Cassel~Nat
From:
Sent:
To:
Cc:
Subject:
Cassel-Nat
Monday, January 29, 2007 4:05 PM
Briggs~Clark
Hutton-Suzanne; Koppel-Dave; 8arnett~Jerry; Hall-Cynthia
RE: Pavers and Stone
I have been in hearings all day.
His lawyer said the letter would be to us last Friday, now it is Tuesday. Let's see what the letter says. I hope it is very specific as to
when he'll get the bond and the amount.
Nat
from:
Sent:
To:
Cc:
SUbject::
Briggs-Clark
Monday, January 29, 2007 2:30 PM
Cassel-Nat
Koppel-Dave; Barnett-Jerry; Hutton-Suzanne; Hall-Cynthia; Shillinger-Bob; Grimsley-Susan
RE: Pavers and Stone
I just got off the phone with Kraig and this is the latest. After several failed attempts by Kraig to call me over the
weekend (my phone was broken in ~o) I was fmally able to reach him today. His intentions are to complete his scope-ef
work. He stated that his Lawyer is against this because of an ongoing case between the County and Gonzalez Architect~.
He also stated that he will have a letter from his bonding company that says he will be bonded for the full contract
amount. According to Kraig, he will have this letter by 5:00 PM tomorr,ow.
I will follow up on this by verifYing that he received the letter on Wednesday.
Clark Briggs
Sr. Project Manager
Facilities Development
Monroe County Engineering Division
1100 Simonton St., Room 216
Key West, FL 33040
Phone (305) 295-4429
Fax (305) 295-4321
HELP US HELP YOU!
Please take a moment to complete our Customer Satisfaction Survey:
htto:/lmonroesurvev.vimmltownhalLnet/survev.php?9acc 14ae 1 b
Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public records available to
the public and media upon request. Your e-mail communication may be subject to public disclosure.
From: Briggs-Clark
Sent: Monday, January 29, 2007 7:49 AM
To: Cassel-Nat
SUbject: RE: Pavers and Stone
Not as of yet Nat.
Clark
1
From: Cassel-Nat
Sent: Friday, January 26, 2007 5:39 PM
To: Barnett-Jerry; Briggs-Clark; Koppel-Dave
Cc: Hutton-Suzanne; Hall-Cynthia; Shillinger-Bob; Grimsley-Susan
Subject: Pavers and Stone
Since I did not hear from you I assume you did not hear from Mr. Shook. Correct?
Nat
2
O. OUNTY oLMONROE
. KEY WEST ,::J '~ORlOA 33040
(3P5) 294-4641
AcJ&J~ !6~-Ur
l"~l '1
t-.-"'-._.~_.~".
.......t"'~.._...
BOARD OF COUNTY COMMISSIONERS
Mayor Mario DiGennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugen~ District 2
0lar1es "Sonny' McCoy, District 3
Sylvia M. Murphy, District 5
Suzanne A. Huttc1n, County Attarney**
Robert B. Shillinger, Assistant County Attorney..
Pedro J. Mercado, As.I:istant County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileeue W. Cassel, Assistant County Attorney
<(
~ ]f)~
..-.. '1
'1,,_ _. ..
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
.* Board Certified in Ci~y, County & Local Govt. Law
February 12, 2007
, g'7/0 and Facsimile #561-799-6026
Via Certified Mail # S'r, '17
, (703
Mr. Kraig Shook
Pavers & Stone, In,~.
79 Uno Lago Drive:
Juno Beach, FL 33408
and
Mr. Kraig Shook and
Pavers & Stone, Inc.
725 Hummingbird Way
103
North Palm Beach Florida 33408
Mr. Kraig Shook
Pavers and Stone, Inc.
1955 Popps Ferry Road
Apt 20511
Biloxi, MS 39532
Re: Pavers & Stone, Inc. Contract with Monroe County
Dear Mr. Shook;
On January 9, 2007, this office sent you a letter directing you to comply with the contract prerequisite and deliver
either a payment and performance bond in the contract amount of$I,112,019.55 or an alternative fonn of security
prior to commencement of the work on the Freeman Justice Center contract. Subsequently in a telephone
conversation, you advised the County Attorney that you would produce a cashier's check in an amount in excess of
$100,000.00 as a show of good faith because you required an additional two weeks to obtain the bond. To date you
have done neither.
On February 6, 2007, you forwarded a letter from Mr. Pablo Conde of A & A Underwriters, Inc. to the Facilities
Development Department. That letter was sent to me by facsimile the next day. This letter provided us with no
assurance that a bond was forthcoming. Therefore, I spoke to Mr. Pablo Conde of A & A Underwriters, Inc. on
February 9, 2007. Hf' was hopeful that you could be bonded, but he could offer me no guarantees until vou Droduce
the D&Derwork he has reauested. This lack of response on your part regarding documentation, especially since you are
fully aware of the urgency of the bond, is of great concern to us. You have told us repeatedly that you are going to
provide a bond.
Frankly, it is now OVflf a month since your conversation with this office and over five months since you signed the
contract on October $, 2006. You have yet to deliver a bond, or any other alternative to a bond. You have known since
the day you signed th,e contract that the work could not proceed without a bond, and you have been told repeatedly by
this office and by Facilities Maintenance that without a bond you can not do the work.
;) I~I /07
f.1G)
Mr. Clark Briggs has advised me that you called him on Friday, February 9, 2007, and that you wanted to begin the
manufacture of the stone for the building. This is not acceptable to the County.
I do not know how to be any clearer witb yon. So let me say this one more time:
1. Provide us with the bond as required, and do so immediately.
2. Do not take anv action in furtherance of this contract without the bond.
3. Filially, this letter is written to put you on notice that you have until noon on February 19,
20i~7, to produce proof of a bond or appropriate alternative at the Office ofthe County
Attorney, located at 502 Whitehead Street, Courthouse Annex, 3'" Floor. Key West, Florida
33040.
The contract requires that the bond be in an amount at least equal to the contract price of$I,112,019.55 and it is the
policy of Monroe County that any bond alternative must be in an amount at least equal to the total contract price. We
will not accept a percentage of the contract price as a bond alternative.
Ms. Hutton will advise the Board of County Commissioners on Wednesday, February 21, 2007 of the status of the
bond. If you are unable to produce the bond or alternative at that time and place, she will advise the Board ofCouiity
Commissioners to terminate your contract.
Once again, be advisl,d that you are to take !lQ action in furthemnce of the contract until a bond or alternative has been
produced, including but not limited to manufacture, purchase, delivery of materials, and hiring of personnel. If you
take any action in furtherance of the contract you do so at your own risk and Monroe County assumes no
responsibility for those actions.
Please advise the County of your correct address. We have been given all the addresses shown above and we have
recently received another address, 50 Dogwoodridge, Tequesta, FL 33469. I am sending this letter to that address also.
~'1Q.'1
Sincerely,
~~;d~
Natileene W. Cassel
Assistant Monroe County Attorney
cc. County Commission
County Administrator
Mr. David Koppd
2