11/19/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 22, 2003
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
FROM:
Pamela G. HancocJdJ;v
Deputy Clerk U
At the November 19,2003, Board of County Commissioner's Meeting the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County and A. Herrmann Associates, Inc. d/b/a Associates Roofing, for the Marathon
Animal Shelter Re-Roofing Project.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
County Attorney
Finance
FileJ
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a ST/PULA TED SUM
AGREEMENT
made as of the 19th day of November in the year of TWO THOUSAND THREE
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
A. Herrmann Associates, Inc., DBA Associates Roofing
2351 Thomas Street
Hollywood, FL 33020
For the following Project: Marathon Animal Shelter Re-Roofing Project
(Include detailed description of project, Aviation Boulevard
location, address and scope) Marathon, FL
The Construction Manager is:
(Name and address)
Stephanie Coffer
Monroe County Construction Management
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Architect is:
(Name and Address)
William P. Horn, Architect, P.A.
915 Eaton Street
Key West, FL 33040
The Owner and Contractor agree as set forth below.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is
made for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial
Completion of certain portions of the Work, 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 Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time)
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of thirtY-thousand and 00/100 Dollars ($30,000.00), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent
to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
4.3 Unit prices, if any, are as follows:
Sheathing per sq. foot
2" X 6" per lineal foot
2" X 4" per lineal foot
1" X 4" per lineal foot
$12.00
$ 8.00
$ 7.50
$ 6.00
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner
shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere
in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day
of the month, or as follows:
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day
of a month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same
month. If an Application for Payment is received by the Construction Manager after the application date fixed
above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives
the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying
the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that
portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination
of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment.
The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credit6 covering related Work or substitutions are involved in a change the allowance for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-3
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified
under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety
percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such
reduction or limitations)
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the
Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project
is located.
(Insert rate of interest agreed upon, if any)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at
the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.
Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or
waivers.)
7.3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract 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.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
10/31/2003 1 :26 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
transact business with any public entity in excess of the threshold 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.
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1 .3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
_ _, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1 .5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1 .6 The Addenda, if any, are as follows:
Number
1
2
Date
9/10/03
9/15/03
Pages
1
1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
10/31/2003 1 :26 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding
requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the
contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Construction Manager and Architect for use in the administration of the Contract, and the
remainder to the Owner.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
C?~~
Deputy Cle'rk
t1~ /1. ~"g
By
;/))d >n ~a4J
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
~-~
Title:
Title:
P-re.s \ c\ ~.... y
END OF SECTION 00500
MONROE COUNTY ATTORN~Y
~~FORM
E WOLFE
R '~TV ATTORNEY
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10/30/2003 3:51 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6
MONROECOUNlY
CONBTftucnON MANAGE!..~ l ~
v\~ Iko\Q~~
SEP 1 7 2003
LwB
-_ b. r
Monroe County
Animal Shelter
Re-roofing project
Marathon, Florida
Sept. 15, 2003
Addendum #2
The following items shall he considered as part of the contract documents for the
abovtl rdt,rtlnctld proj tlcl.
Change the slope of the roofing system from 1/8" per foot to 114" per foot.
End of addendum No.2
Monroe County
Animal Shelter
Re-roofing project
Maratltoll, Florida
Sept. 10,2003
Addendum #1
The following items shall he considered as part of the contract documents for the
abov~ rd~r~nc~d proj~cl.
A mandatory pre-bid meeting was held on site ThUl"sday Aug. 28, 2003 starting at 10
A.M.
The following were in attendance:
Bill Harrington
Frank Herdliska
Art Herrmann
Joe Winchel I
Jeff Coldren
Monroe County Public Works
William P. Hom Architects P.A.
Associates RFG.
Associates RF(t
Sunshine Quality Roormg Inc.
Access to the site and roof were provided.
Availability of drawings and specification was discllssed.
Us~ ora [~nc~d sid~ yard as a slaging ar~a was discuss~d.
Coordination with the building occupants of scheduling and disruptions is required.
The Rase hid shall conform with the contract documents. Alternate proposals shall he
consid~r~d s~paraldy and may b~ provid~d as an add or dooucl all~rnal~.
End of addendum No.1
Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
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General Conditions of the Contract for Construction
00750-1
ARTICLE I
GENERAL PROVISIONS
1 .1 Basic Definitions
1 .1 .1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor (hereinafter), Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to
execution of the Contract, other documents listed in the Agreement and Modifications issued
after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in
the Agreement, the Contract Documents do not include other documents such as bidding
requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding requirements).
1.1.2 The Contract: The Contract Documents form the Contract for Construction. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a Modification. The Contract Documents shall
not be construed to create a contractual relationship of any kind (1) between the Architect and
Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect
and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5)
between any persons or entities other than the Owner and Contractor. The Construction
Manager and Architect shall, however, be entitled to performance and enforcement of
obligations under the Contract intended to facilitate performance of their duties.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by the Construction Manager.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1 .1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-2
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author of them and will retain all
common law, statutory and other reserved rights, in addition to the copyright. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work. The Drawings, Specifications and other
documents prepared by the Architect, and copies thereof furnished to the Contractor, are for
use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for use in the execution of their Work
under the Contract Documents. All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and other documents prepared
by the Architect. Submittal or distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as publication in derogation of
the Architect's copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, all copies of Drawings and Specifications reasonably necessary for the
execution of the Work.
1.4 Capitalization
1.4.1 Terms capitalization in these General Conditions include those which are {1} specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-3
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1 .1 The Owner is the person or entity identified as such in the Agreement and is referred to
throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through the Construction Manager, shall secure and pay for the
building permit.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through the Construction
Manager and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements
of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work
in accordance with the Contract Documents, the Owner, by written order signed personally or
by an agent specifically so empowered by the Owner in writing, may order the Contractor to
stop the Work, or any portion thereof, until the cause for such order has been eliminated;
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-4
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for the Construction Manager's and Architect's and their
respective consultants' additional services and expenses made necessary by such default,
neglect or failure. Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect, after consultation with the Construction Manager. 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 the Construction Manager, notice will be given, and
contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by the Construction Manager, and that
are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to the Construction Manager and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to the Construction Manager and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-5
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to the Construction Manager and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of
the Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the Construction Manager or
Architect in their administration of the Contract, or by test, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 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 Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor employee is determined to be detrimental to the Project, as deemed by the
Construction Manager, the Contractor will remove and/or replace the employee at the request
of the Construction Manager. Employees dismissed from the project will be transported from
the job site at the Contractor's expense.
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General Conditions of the Contract for Construction
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3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with the Construction Manager, if
required, to accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective.
The Contractor's warranty excludes remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage. If required by the Construction
Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or
portions thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received. The Owner will not assess any County building permit or County impact
fees. The Contractor will be responsible for any other building permit costs or impact fees
required for this project. The Contractor shall secure and pay for all building and specialty
permits including plumbing, electrical, 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 the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to the Construction Manager,
Architect and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
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3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to the Construction Manager and shall not be changed
except with the consent of the Construction Manager, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and the Construction Manager's approval a
Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits
current under the Contract Documents, shall be revised as appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
and practicable execution of the Work. This schedule, to be submitted within seven (7) days
after Contract 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 the Construction Manager's approval.
3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work of
other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the
Contractor shall attend. At this meeting, the parties can discuss jointly such matters as
progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Construction Manager and Architect and shall be delivered to the Construction
Manager for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 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.
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3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in
accordance with the schedule and sequence approved by the Construction Manager, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with the Construction Manager in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by the Construction Manager and Architect. Such Work shall be in accordance
with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the Construction Manager's and Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically
informed the Construction Manager and Architect in writing of such deviation at the time of
submittal and the Construction Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions
in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's
and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by the Construction Manager and Architect on previous submittals.
3.12.10 Informational submittals upon which the Construction Manager and Architect are
not expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the Construction Manager and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to the
Construction Manager for approval by the Owner.
3.13 Use of Site
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.
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber the site
with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, the Construction Manager before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Construction Manger, Owner and such other contractors: such consent shall not
be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of the Architect/Engineer shall also
be required. The Contractor shall not unreasonably withhold from the Construction Manager or
any separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Construction Manager.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the
Construction Manager may do so with the Owner's approval and the cost thereof shall be
charged to the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend
suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager
and Architect harmless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or
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manufacturers is required by the Contract Documents. However, if the Contractor has reason
to believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Contractor is for the indemnification provided for the
above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1 .1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.2 Construction Manager
4.2.1 The Construction Manager is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Construction Manager" means the Construction Manager or the Construction Manager's
authorized representative.
4.3 Duties, responsibilities and limitations of authority of the Construction Manager and
Architect as set forth in the Contract Documents shall not be restricted, modified or extended
without written consent of the Owner, Construction Manager, Architect and Contractor.
Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of the Construction Manager or Architect, the
Owner shall appoint a construction manager or architect against whom the Contractor makes
no reasonable objection and whose status under the Contract Documents shall be that of the
former construction manager or architect, respectively.
4.6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. The Construction Manager and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
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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 The Construction Manager will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 The Construction Manager will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and Construction
Manager and Owner in reviewing their construction schedules when directed to do so. The
Contractor shall make any revisions to the Construction schedule deemed necessary after a
joint review and mutual agreement. The construction schedules shall constitute the schedules
to be used by the Contractor, other Contractors, the Construction Manager and the Owner until
subsequently revised.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to
determine in general if the Work is being performed in a manner indicating that the Work, when
completed, will be in accordance with the Contract Documents. However, the Architect will not
be required to make exhaustive or continuous onsite inspections to check quality or quantity of
the Work. On the basis of on-site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to guard the Owner against defects
and deficiencies in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have
control over or charge of and will not be responsible for construction means, method,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the Work, since these are solely the Contractor's responsibility as provided in Paragraph
3.3, and neither will be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents. Neither the Construction Manager nor the Architect
will have control over or charge of or be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions of
the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through the Construction Manager, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and
with Subcontractors and material suppliers shall be through the Contractor. Communications
by and with other Contractors shall be through the Construction Manager and shall be
contemporaneously provided to the Architect.
4.6.8 The 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 and Project
Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the
Architect will submit the Project Application and Project Certificate for Payment, along with the
applicable Contractors' Applications and Certificates for Payment, to the Construction Manager.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, and the certifications of the Construction Manager, the Architect will review and
certify the amounts due the Contractors and will issue a Project Certificate for Payment.
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4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying the Construction Manager. Subject to review by the Architect,
the Construction Manager will have the authority to reject Work which does not conform to the
Contract Documents. Whenever the Construction Manager considers it necessary or advisable
for implementation of the intent of the Contract Documents, the Construction Manager will have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's
authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect or the Construction Manager to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to the Construction Manager those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3,3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The 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 Architect will forward to the Construction Manager a final Project Application
and Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
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4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Construction Manager,
Owner or Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the
Construction Manager or Architect, shall be referred initially to the Architect for action as
provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4,
shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1)
whether such matters relate to execution and progress of the Work or (2) the extent to which
the Work has been completed. The decision by the Architect in response to a Claim shall not
be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits,
(3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days
after the Claim is made, (4) 45 days have passed after the Claim has been referred to the
Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.7.4 Continuing Contract Performance. Pending final resolution 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.
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4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for,
performance of any part of the Work, will recommend and equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in
the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in
writing, stating the reasons. Claims by either party in opposition to such determination must be
made within 21 days after the Architect has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (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 or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable,
written notice of such injury or damage, whether or not insured, shall be given to the other party
within a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
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General Conditions of the Contract for Construction
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or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary
actions within ten days of receipt of a Claim: (1) request additional supporting data from the
claimant, (2) submit a schedule to the parties indicating when the Architect expects to take
action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend
approval of the Claim by the other party or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate
documentation.
4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after
the Architect's preliminary response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify
the Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Architect, the Architect will notify the
parties in writing that the Architect's decision will be made within seven days, which decision
shall be final and binding on the parties. Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change
in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a
possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety
and request the surety's assistance in resolving the controversy.
4.8.5 Court Determination of Claims/Disputes. Any claim or dispute that the parties are
unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th
Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
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Construction Manager for review by the Owner, Construction Manager and Architect the names
of persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction
Manager or Architect, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of
no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Construction Manager or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Construction Manager, or
Architect has made reasonable objection.
5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Construction Manager or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require
each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound
to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all
the obligations and responsibilities which the Contractor, by these Documents, assumes toward
the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and
protect the rights of the Owner, Construction Manager and Architect under the Contract
Documents with respect to the Work to be performed by the Subcontractor so that subcontracting
thereof will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall
make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
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ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1 .1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by the Construction Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by the Construction
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Construction Manager shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to the Construction Manager
and Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other Contractors' completed or
partially completed or partial completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the party responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
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all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to the Construction Manager
within (72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Construction
Manager for an increase in the Contract price, nor a claim against the Owner or Construction
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Construction
Manager, Architect and Contractor; a Construction Change Directive require agreement by the
Owner, Construction Manager and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by the Construction Manager and
signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement
upon all of the following:
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.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined
in one or more of the following:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the
Contractor, provided a written order signed by the Owner or Construction Manager is received,
shall promptly proceed with the Work involved. The cost of such Work shall then be
determined by daily force accounts in a form acceptable to the Owner and Construction
Manager. The daily force account forms shall identify Contractor and lor Subcontractor
personnel by name, total hours for each man, each piece of equipment and total hours for
equipment and all material(s) by type for each extra Work activity claim. Each daily force
account form shall be signed by the designated Construction Manager's representative no later
than the close of business on the day the Work is performed to verify the items and hours
listed. Extended pricing of these forms shall be submitted to the Construction Manager with all
supporting documentation required by the Construction Manager for inclusion into a change
order. Unless otherwise provided in the Contract Documents, cost shall be limited to the
following: cost of materials, including sales tax and cost of delivery; cost of labor, including
social security, old age and unemployment insurance, and fringe benefits required by
agreement or custom; works' or workmen's compensation insurance; and the rental value of
equipment and machinery. Markups for overhead and profit will be in accordance with
subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made
as determined by the Construction Manager. The amount of credit to be allowed by the
Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will
be the amount of the actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in anyone change, the
allowance for overhead and profit shall be figured on the basis of the net increase, if any with
respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items 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%);
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General Conditions of the Contract for Construction
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.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 this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only.
If the Contractor performs part of the actual Work, his percentage mark-up for overhead and
profit shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an
itemized breakdown of the quantities and prices used in computing the value of any change that
might be ordered. Any additional supporting documentation requested by the Construction
Manager such as certified quotations or invoices shall be provided by the Contractor to the
Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager,
by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the
Construction Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to the Construction Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carryon the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or
claim item.
7.4 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 the Construction Manager 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.
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General Conditions of the Contract for Construction
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8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1 .3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1 .4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Construction Manager, or by any other cause which the Construction
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as the Construction Manager may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected.
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ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect,
through the Construction Manager, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as the
Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager 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 fifteen days before the date established for each progress payment, the
Contractor shall submit to the Construction Manager an itemized Application for Payment for
Work completed in accordance with the schedule of values. Such application shall be
notarized, if required, and supported by such data substantiating the Contractor's right to
payment as the Owner, Construction Manager or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for
elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned
upon compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons
or entities making a claim by reason of having provided labor, materials and equipment relating
to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating
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that title will so pass, upon their receipt of payment from the Contractor. The warranties are for
the administrative convenience of the Owner only and do not create an obligation on the part of
the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons
must seek payment from the Contractor or his public construction bond surety only.
9.4 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by
combining the Contractor's applications with similar applications for progress payments from
other Contractors and, after certifying the amounts due on such applications, forward them to
the Architect within seven days.
9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment,
the Construction Manager and Architect will either issue to the Owner a Project Certificate for
Payment, with a copy to the Contractor, for such amount as the Construction Manager and
Architect determine is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part
as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the
Construction Manager.
9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will constitute representations made separately by the Construction Manager and Architect to
the Owner, based on their individual observations at the site and the data comprising the
Application for Payment submitted by the Contractor, that the Work has progressed to the point
indicated and that, to the best of the Construction Manager's and Architect's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Construction Manager or Architect. The
issuance of a separate Certificate for Payment or a Project Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a separate Certificate for Payment or a Project Certificate for
Payment will not be a representation that the Construction Manager or Architect has (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 Decisions to Withhold Certification
9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment
if, in his opinion, the application is not adequately supported. If the Contractor and Construction
Manager cannot agree on a revised amount, the Construction Manager shall process the
Application for the amount he deems appropriate. The Construction Manager may also decline
to approve any Application for Payment or, because of subsequently discovered evidence or
subsequent inspections, he may nullify, in whole or part, any approval previously made to such
extent as may be necessary in his opinion because of: (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 the Construction Manager, the Owner, or another
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contractor working at the project; (6) reasonable evidence that the Work will not be completed
within the contract time; (7) persistent failure to carry out the Work in accordance with the
Contract Documents.
.1 No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, within all the requirements of Article 11, have been
filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be
made for amounts previously withheld.
9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for
Payment, the Owner shall make payment in the manner and within the time provided in the
Contract Documents, and shall so notify the Construction Manager and Architect. From the
total of the amount determined to be payable on a progress payment, ten percent (10%) of
such total amount will be deducted and retained by the Owner until final payment is made. The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
certified for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by the Construction Manager to be a part of the final quantity for the item of
Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from
the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion
of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Construction Manager and Architect on account of portions
of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to 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 to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents.
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
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been made or the restoration for any damaged material, or as a waiver to the right of the Owner
or Construction Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all
materials, tools, and other expendable equipment which are delivered at the site of the Project.
The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar
month in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by is Subcontractor interest therein. The
Contractor shall, by an appropriate agreement with each Subcontractor, also require each
Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be
completed or corrected. The Contractor shall proceed promptly to complete and correct items
on the list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Architect, assisted by the Construction Manager, will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the list, which is not in
accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Architect. The Contractor shall then submit a request for another inspection
by the Architect, assisted by the Construction Manager, to determine Substantial Completion.
When the Work or designated portion thereof is substantially complete, the Architect will
prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Construction Manager and Architect, the
Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under
Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work.
Such partial occupancy or use may commence whether or not the portion is substantially
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General Conditions of the Contract for Construction
00750-26
complete, provided the Owner and Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities,
damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents.
When the Contractor considers a portion substantially complete, the Contractor and
Construction Manager shall jointly prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld. The stage of the progress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no agreement is reached, by decision of
the Architect after consultation with the Construction Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager,
Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to
be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager
a written notice that the Work is ready for final inspection and acceptance and shall also
forward to the Construction Manager a final Contractor's Application for Payment. Upon
receipt, the Construction Manager will forward the notice and Application to the Architect who
will promptly make such inspection. When the Architect, based on the recommendation of the
Construction Manager, finds the Work acceptable under the Contract Documents and the
Contract fully performed, the Construction Manager and Architect will promptly issue a final
Certificate for Payment stating that to the best of their knowledge, information and belief, and
on the basis of their observations and inspections, the Work has been completed in accordance
with terms and conditions of the Contract Documents and that the entire balance found to be
due the Contractor and noted in said final Certificate is due and payable. The Construction
Manager's and Architect's final Certificate for Payment will constitute a further representation
that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to
final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through the Construction Manager (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final payments currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required by the
Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the
Owner, other data establishing payment or satisfaction of obligations, such as receipts,
releases and waivers of liens, claims, security interests or encumbrances arising out of the
Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor
refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting final
completion, and the Construction Manager and Architect so confirm, the Owner shall, upon
11/20/2003 4:56 PM General Conditions of the Contract for Construction 00750-27
application by the Contractor and certification by the Construction Manager and Architect, and
without terminating the Contract, make payment of the balance due for that portion of the Work
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bond have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect through the Construction Manger prior to certification of such payment. Such
payment shall be made under terms and conditions governing final payment, except that it shall
not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect or Construction Manager that the subcontractors and materialmen have been paid is
for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's
Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts
with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to the Construction Manager for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Construction Manager and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner
and Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent
any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the
same manner described in Subparagraph 10.1.2.
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General Conditions of the Contract for Construction
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10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in
the event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor, the Construction Manager and the Architect will promptly reply to
the Owner in writing stating whether or not any of them has reasonable objection to the persons
or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an
objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor, the Construction Manager and the Architect have no reasonable
objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance 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, Constructions Manager or Architect or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
11/20/2003 4:56 PM
General Conditions of the Contract for Construction
00750-29
superintendent unless otherwise designated by the Contractor in writing to the Owner,
Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at their own expense, insurance as
specified in the attached schedules, which are made part of this Agreement. The Contractor
will ensure that the insurance obtained will extend protection to all subcontractors engaged by
the Contractor. As an alternative the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties
and failure to perform assessments shall be imposed as if the Work commenced on the
specified date and time, except for the Contractor's failure to provide satisfactory evidence.
11 .1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
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.
11/20/2003 4:56 PM General Conditions of the Contract for Construction 00750-30
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
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain
Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm,
Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods.
However, the only items required from the previous list, are defined in Section 00400, Insurance
Requirements and Coverages. The policy limits shall be no less than the amount of the finished
project and coverage shall be provided on a completed value basis. The completed value is
defined as all material, labor, supplies, and equipment intended to be incorporated in and to
become a permanent part of the completed facility. The facility as defined for this paragraph
includes structures as defined in the contract drawings and specifications. Property located on
the construction premises, which is intended to become a permanent part of the building, shall
be included as property covered. The policy shall be endorsed permitting the County to occupy
the building prior to completion without effecting the coverage.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner in this section as a guarantee for the faithful performance of the
Contract (including guarantee and maintenance provisions) and the payment of all obligations
arising thereunder. The Public Construction Bond shall be in an amount at least equal to the
contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes,
which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if
required in writing by either, be uncovered for their observation and be replaced at the
Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect
has not specifically requested to observe prior to its being covered, the Construction Manager
or Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-31
shall, by appropriate Change Order, be charged to the Owner, if such Work is not in
accordance with the Contract Documents, the Contractor shall pay such costs unless the
condition was caused by the Owner or one of the other Contractors in which event the Owner
shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or
Architect or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for the Construction Manager's and
Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reasonable time fixed by written notice
from the Architect issued through the Construction Manager, the Owner may remove it and
store the salvable materials or equipment at the Contractor's expense, if the Contractor does
not pay costs of such removal and storage within ten days after written notice, the Owner may
upon ten additional days' written notice sell such materials and equipment at auction or at
private sale and shall account for the proceeds thereof, after deducting costs and damages that
should have been borne by the Contractor, including compensation for the Construction
Manager's and Architect's services and expenses made necessary thereby, if such proceeds of
sale do not cover costs which the Contractor should have borne, the Contract Sum shall be
reduced by the deficiency. 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 proceedings may be commenced to
11/20/20034:56 PM General Conditions of the Contract for Construction 00750-32
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Construction Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and
signed by an authorized representative of the Contractor. The correspondence shall be
directed to:
Stephanie Coffer
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
13.4 Rights and Remedies
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General Conditions of the Contract for Construction
00750-33
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the
Construction Manager and Architect timely notice of when and where tests and inspections are
to be made so the Construction Manager and Architect may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become requirements
until after bids are received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, the Construction Manager and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to the Construction Manager and Architect of when and where tests and
inspections are to be made so the Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals
required by the Contract Documents, the Construction Manager or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-34
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with
Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material
unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-35
14.2.2 When any of the above reasons exist, the Owner, after consultation with the
Construction Manager, and upon certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Construction Manager's and Architect's services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid
to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with the Construction Manager, and this obligation for payment shall
survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or
percentage fee.
END OF SECTION 00750
11/20/20034:56 PM
General Conditions of the Contract for Construction
00750-36
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WILLIAM P. HORN ARCHIT.ECT, P.A.
IJcClUlC No. AA (00)1)40
9U .EATON STREET. KEY WEST, FLORlDA 33040
PHONE 305-296-1002 F A."X: 30S-~96-1 033
Date: 10/27/03
To: Stephanie Coffer
Director of Planning and Construction
He: Animal Shelter Re-roofing Bid
~fbon,~orida
Dear Stephanie Coffer,
I have reviewed the bid from Associates Roofing dated October 8, 2003.
Upon reviewing the bid and Questioning the contractor. it was found that the
contractor had included in his bid the cost for replacing any and all rotten
wood uncovered and found during the re-roofing. Since this item, rotten
wood. is an unknown factor (due to it being under the existing roof). it is
typically bid out as a unit price to be billed as an extra charge. If you try to
include an unknown in a fixed fee usually you will pay for a worst case
scenario as was the case in this bid. I have asked the contractor to remove
this item from his fixed cost and his bid went down to $30,000.00 from
$44,000.00 as noted in his October 27, 2003 letter. His original bid did
include unit pricing as we had requested. So, with the revised bid eliminating
the wood replacement from his fixed cost I approve the bid from Associated
Roofing. We have used him in the past successfully.
Please review the above information and call if you have any questions or
want to discuss further options.
Sincerely
William P. Horn,
Prineipal
. .. . MONROE Or INlY
Cm~Si!WCTION ~i ' GL\1fNl
~
ASSOCIATES ROOFING
A DiYision 01 A H.f,manfl Assoc. Inc,
ccc 024408
2351 Thema Street
Holtywood. Florida 33020
(~) 921-4096
OctDber 27,2003
Vaal faaimile to : ]O~l~ 1033
William P Horn
915 Eaton Street
Key Wesl, FL 33040,
Attn: William Horn
Re: MoJU"OC County Animal Shelt~
In regards to the proposals for the Monroe County Animal Shelter, the
difference between the Budget Proposal" the proposal datei;l lan 03" 2003,
and the proposal dated October 8, 2003 is the addition of wood work
estimated to be involved. Associates Rooting will deduct the additional
expen~ for wood work in Lieu ofunil prices. This will bring the quote to
$30,000.00 excluding an wood-
Respectfully Submitted"
o. \(~~
Art Herrmann
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
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
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
1 0/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-2
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an
"X" will be required in the event an award is made to your firm. Please review this form
with your insurance agent and have him/her sign it in the place provided. It is also
required that the bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
x
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WC1
WC2
WC3
WCUSLH
x
WCJA
10/29/2003 1 :25 PM
INSURANCE REOUIRMENTS AND FORMS
00400-3
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
· Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Required Limits:
GL1
x
--
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4
$5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
_x_
Underground, Explosion and Collapse (XCU)
GLLlQ
GLS
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-4
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1
x
--
VL2
VL3
VL4
BR1
x
MVC
PR01
PR02
PR03
POL1
POL2
POL3
ED1
ED2
GK1
GK2
GK3
MED1
00400-5
10/29/2003 1 :25 PM
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Limits equal to the
completed project.
~ <e.d
I"~ s\</t
\)JA\V't... U
Builders'
Risk
Motor Truck
cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Medical
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrencef$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$10,OOO,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
$ 250,000/$ 750,000 Agg.
If\lSURANCE REQUIRMENTS AND FORMS
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MED2
MED3
MED4
IF
VLP1
VLP2
VLP3
BLL
HKL1
HKL2
HKL3
AIR1
AIR2
AIR3
AE01
AE02
AE03
E01
E02
E03
ASB
Professional
Installation
Floater
Hazardous
Cargo
Transporter
Bailee Liab.
Hangarkeepers
Liability
Aircraft
Liability
Architects Errors
& Omissions
Engineers Errors
& Omissions
Asbestos
Abatement
Liability
$ 500,000/$ 1,000,000 Agg.
$1,000,000/$ 3,000,000 Agg.
$5,000,000/$10,000,000 Agg.
Maximum value of Equipment
Installed
$ 300,000 (Requires MCS-90)
$ 500,000 (Requires MCS-90)
$1,000,000 (Requires MCS-90)
Maximum Value of Property
$ 300,000
$ 500,000
$ 1,000,000
$ 1,000,000
$ 5,000,000
$50,000,000
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$3,000,OOO Agg.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$3,000,000 Agg.
Amounts equal to General Liability
Requirements
10/29/2003125 PM
00400-6
INSURANCE REQUIRMENTS AND FORMS
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
BUILDER'S RISK
INSURANCE REQUIREMENTS
,OR
~A
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent part of
the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
10/29/2003 1 :25 PM
INSURANCE REOUIRMENTS AND FORMS
00400-7
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the contractor or any of its Subcontractor( s) in any
tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or
its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-8
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/29/2003 1: 25 Prvt
INSURANCE REQUIRrvtENTS AND FORMS
00400-9
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles. the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$ 100,000 per Occurrence
$ 25 ,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/29/2003 1: 25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-10
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the contractor may be required to submit updated financial statements from the fund
upon request from the County.
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-11
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
ASBESTOS ABATEMENT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
W ~\L7 ~()
\
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the installation, removal,
transporting, or disposal of asbestos material, the Contractor shall purchase and maintain
Asbestos Abatement Liability Insurance with the limits no less than those specified for the
General Liability Insurance. The policy will contain a "Retroactive Date" of no later than the
commencement of work and will have an extended reporting period of four (4) years.
10/29/2003 1 :25 PM
INSURANCE REOUIRMENTS AND FORMS
00400-12
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured-If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has been
granted the authority to waive this provision.
and
· The Indemnification and Hold Harmless provisions
Waivinq of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirements form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision-
making authority.
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1 3
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
10/29/2003 1: 25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-14
ANIMAL SHELTER RE-ROOF PROJECT
Marathon, Florida
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBlES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
10/29/2003 1 :25 PM
INSURANCE REQUIRMENTS AND FORMS
00400-15