10/20/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 7, 2005
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Han~
Deputy Clerk G
FROM:
At the October 20, 2004, 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 Tropex Construction Service, Inc. for the renovation of Tavernier Fire
Station No. 22.
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
File ~
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
made as of the 20th day of October in the year of TWO THOUSAND FOUR
(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)
Tropex Construction Service Inc.
459 Northwest 25th Avenue
Miami, Florida 33125
For the following Project: Tavernier Fire Station No. 22
(Include detailed description of project, 151 Marine Avenue
location, address and scope) Tavernier, Florida
SCOPE: Renovation of an existing concrete structure, including installation of site utilities, lighting, landscaping,
grading, and drainage. Renovation of existing space within a concrete structure including the addition of new
space comprising an additional approximate 315 square feet.
The Construction Manager is:
(Name and address)
Berry B. Rikard, Jr., P.E.
Monroe County Construction Management
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Architect is:
Matthew Fowler, Architect - Thomas M. Timmins, P.E.
21 Ships Way
Big Pine Key, FL 33043
The Owner and Contractor agree as set forth below.
,
\
1 0/12/2004
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.)
365 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
L10UlDA TED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by
the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be
utilized to determine the amount of liquidated damages.
FIRST
15 DAYS
$500.00/DAY
SECOND
15 DAYS
$1,OOO.OO/DAY
31ST DAY &
THEREAFTER
$3,500/DAY
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract.
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 five-hundred thirty-five thousand four hundred thirty Dollars/1 00 ($535.430.00) , subject to
additions and deductions as provided in the Contract Documents.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
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:
Alternates: 1 thru 5
$9,100.00
$14,000.00
$4,800.00
$2,675.00
$6.200.00
Subtotal Alt 1-5 $36 77500
Subtotal Base Bid + AIt 1-5 $535,430.00
4.3
Unit prices, if any, are as follows:
NONE
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 credits 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:
NONE
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.
N/A
7.3 Temporary facilities and services:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
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
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.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
7.6 The following items are part of this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-ot-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs. investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County,
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is.
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement:
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
h) Nondiscrimination. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ot race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683. and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended. relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism: 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest. County and Contractor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethics. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
k) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person. company, corporation,
individual, or firm, other than a bona fide employee working solely for it. any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and. at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
I) Public Access. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County
be required to contain any provision for waiver.
n) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents. or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This
Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
p) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
q) Attestations. Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6
r) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution OT this Agreement.
s) Execution in Counterparts. This Agreement may be executed in any number OT counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any aT the parties hereto may execute this Agreement by singing any such counterpart.
t) Section Headings. Section headings have been inserted in this Agreement as a matter aT
convenience OT reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
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
June 2004, 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:
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:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Contract Drawings.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-7
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.
9.1.6 Other documents, if any, forming part of the contract Documents are as follows:
Number
1
2
Date
7/21/04
7/22/04
Pages
2
2
1 0/12/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-8
MONROE COUNTY FIRE STA N No. 22
ADDENDUM NO. 1
July 21,2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre-Bid Conference:
On Thursday, 2:00 P.M., July 15th, 2004, a pre-bid conference was held at the project site. The pre-bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
D. L. Porter Constructors, Inc., Dany Magill
6574 Palmer Park Circle, Sarasota, FL
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
Monroe County Construction Mgmt., Bill Harrington
Monroe County Construction Mgmt., Don Miner
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
Overholt Construction, Tim Hogan
Portland Services. LLC, Arnold Morales
Miami, FL
Pino Kaoba & Associates, Inc., Ernie Pino
Miami, FL
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale, FL
1
PHONE
FAX
305-852-4185 305-853-0980
941-929-9400 941-929-9500
305-853-9176 305-853-9176
305-289-6074 305-289-6075
305-295-4350 305-295-4321
305-872-4060 305-872-1170
305-234-9677
305-969-3136 305-969-2036
305-385-5732 305-385-5592
305-386-8695 305-675-0342
954-563-6200 954-563-6277
MONROE COUNTY FIRE STh. N No. 22
ITEM #2:
If a contractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305-292-4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm". This should be priced as Add Alternate.
To be included with Section 00110 - Prooosal Form:
Add Alternate No 6: Builders Risk Insurance - Without "windstorm" coverage.
Add
$
Words
Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
MONROE COUNTY FIRE Sn ,N No. 22
ADDENDUM NO.2
July 21,2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre-Bid Conference:
On Thursday, 2:00 P.M., July 15th, 2004, a pre-bid conference was held at the project site. The pre-bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
PHONE
FAX
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
305-852-4185 305-853-0980
D. L. Porter Constructors, Inc., Dany Magill, A.A. Bobich
6574 Palmer Park Circle, Sarasota, FL
941-929-9400 941-929-9500
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
305-853-9176 305-853-9176
Monroe County Construction Mgmt., Bill Harrington
Monroe County Construction Mgmt., Don Miner
305-289-6074 305-289-6075
305-295-4350 305-295-4321
305-872-4060 305-872-1170
305-234-9677
305-969-3136 305-969-2036
305-385-5732 305-385-5592
305-386-8695 305-675-0342
954-563-6200 954-563-6277
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
Overholt Construction, Tim Hogan
Portland Services. LLC, Arnold Morales
Miami, FL
Pino Kaoba & Associates, Inc., Ernie Pino
Miami, FL
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale, FL
1
MONROE COUNTY FIRE STA N No. 22
. ,
.
ITEM #2:
If a contractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305.292.4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm". This should be priced as Add Alternate.
To be included with Section 00110 - Proposal Form:
Add Alternate No 6: Builders Risk Insurance - Without "windstorm" coverage.
Add
Words
$
\
Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
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
:::-:::::.::"'~'! '
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,
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(SEAtS '
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Attest: DANNY L. KOLHAGE, Clerk
By: C~cL
Deputy cferk
c-; .
BOARD OF COUNTY COMMlSSION:ERS
OF MONROE COUNTY, FLOfuDA =:.:
~._'(/ (~
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By
Mayor/Chairman
Date October 20, 2004
(SEAL) CONTRACTOR
Attest:
By: By:
Title: MOlt-
END OF SECTION 00500
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10/12/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-9
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
10/13/2004 10:34 AM
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.
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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,
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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;
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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.
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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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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.
4.6.15 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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4.6.16 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.
4.6.17 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.
4.6.18 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.
4.6.19 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 oft 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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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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.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.
7.3 Minor Changes
7.3.1 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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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 timet 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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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
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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 carryon 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
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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.
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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 "Additionallnsured" 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 00110, Insurance
Requirements . 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
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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
10/13/2004 10:34 AM 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:
Berry B. Rikard, Jr., P.E.
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
10/13/2004 10:34 AM
General Conditions of the Contract for Construction
00750-33
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, 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.
10/13/2004 10:34 AM
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.
10/13/2004 10:34 AM
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
10/13/2004 10:34 AM
General Conditions of the Contract for Construction
00750-36
MONROE COUNTY FIRE STATION No. 22
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statuatory Limits
$500,000/500,000/500,000
General Liability, including
Premises Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and Collapse (XCU)
$500,000 Combined Single Limit
or
If split limits are provided:
$250,000 per Person
$500,000 per Occurance
$ 50,000 Property Damage
Vehicle Liability (Owned, nonowned, and hired vehicles)
$100,000 per Person
$300,000 per Occurance
$ 50,000 Property Damage
$300,000 Combined Single Limit
Builders' Risk
Limits equal to the completed project
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION 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.
MONROE COUNTY FIRE STATION No. 22
SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
BID FROM: \(2oPE)<. (cNcrrD ,-J( -:Ai rW .<d:L-..:> ILF5, I rJ L
,
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
MONROE COUNTY FIRE STATION No. 22
151 MARINE AVENUE
TAVERNIER, MONROE COUNTY, FLORIDA
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspec~ and examination of the site.
-00 l' €\\oH-r~~~ ~\Y... }WN\)~ ~~s.FI\l~
(Total Base Bid - words) Hq tb/-oS5 . DO
I acknowledge receipt of end a No.(s)
~
1'10 ~
No. \ Dated~ \J L'{ 1
No.:=?LDated.l-.JL"I '2"'Z.-
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
6/29/04
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
NO._Dated
No._Dated
PROPOSAL FORM
00110-2
MONROE COUNTY FIRE STATION No. 22
ALTERNATES
The County intends to award a contract based on the lowest responsive bid as
determined by a combination of the Base Bid plus Alternates selected by the County.
The County reserves the right to reject any and or all Alternates in the selection process
as Is deemed necessary to keep the project within budget.
Add Alternate No.1: Base Bid shall not include cabinetry at Watch Room 101. Add cabinetry
fabricated of solid plywood subsurface material, laminate surface, and standard u-shape metal
pulls. Uppers shall be open shelves, 12" deep, 8 lineal feet total to right of window into
apparatus bays. Lower cabinets; provide a 30" deep work surface at lower, also (4) sets of
drawers and file drawers 18 inches wide in lower cabinets. This item shall be defined as an
Alternate not part of the Base Bid. q
Add N\rJE T\4N.$ANO ~ -H0N~ W-LdS~ $ ,100
Words Numbers
Add Alternate No.2: Base Bid shall not include cabinetry at Kitchen Room 112. Add cabinetry
fabricated of solid plywood subsurface material, laminate surface, and standard u-shape metal
pulls, upper and lower cabinets, sink base cabinet and (1) set of drawers; 18" wide. Island is 36"
wide by 72" long and shall be fully enclosed by cabinets below with doors opening to the sink
side only. This item shall be defined as an Alternate not part of the Base Bid.
$ /4 Q;o
~umbers
Add ~~1EEN 11-IoJJAr-iD
Words
{>t>t.-LM ~ -
'i!Y"""
::x:;;:c
Add Alternate No.3: Base Bid shall not include any appliances shown on drawings. Add the
following appliances: (4) Refrigerators; Model No. GTH18JBPWW by GE. (1) 40 inch free
standing range; Model No. FEF450BS by Frigidaire. (1) Dishwasher; Model No. GSD2600GWW
by'GE. (1) Washer; Model No. WBXR2090DWW by GE. (1) Dryer; Model No. DBXR463EBWW
by GE. Include (1) Sink; Model No. ESE3322 by Elkkay. (1) Faucet; Model No. 150 by Delta.
This item shall be defined as an Alternate not part of the Base Bid.
Add ~ ~~ E1l~T ~N()QED
Words
~
K..K $
,
~ f;vu
Numbers
Add Alternate NO.4: Base Bid shall not include ceramic tile flooring in the following rooms;
101, 102 and 103. Use highest grade ceramic tile 12" x 12" or larger, installed in accordance
with section 09310. This item shall be defined as an Alternate not part of the Base Bid.
Add)WO Th~~9 .S~ ~S)Q..f~ ~~T-4 t=1-JE--~ '1,(P7J
Words Numbers
Add Alternate No.5: Base Bid shall not include ceramic tile flooring in the following rooms;
109,110,110,111,112,113,114,115,116, 117, and 118. Use highest grade ceramic tile 12"
x 12" or larger, installed in accordance with section 09310. This item shall be defined as an
Alternate not part of the Base Bid.
Add SIy::r'-11.t\Q.)~Tv00 ~ ~S-~ $ G, I 2.r:x::>
I
END AL TERNA TES
6/29/04
PROPOSAL FORM
00110-3
MONROE COUNTY FIRE STATION No. 22
I have included pa6es 2 through 16 of the Si .{oposal which entails~h propofs'al Form -/,
the Alternates~: required 81 securi;~,P;he Non-Collusion Affi viti~=:the Lobbying
and Conflict of Interest Clause_, the Drug Free WorkPlace Form_.. In addition, I have
included any other information requested, as well as, a certified copy of Contractor's License,
the Insurance Requirements and the Insurance Agent's Statement.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
450 "-lltJ 7 J 14V,f= '^'" I A-..,." I c-- L- 33,? J
Phone Number: ~.5- S~b - Eb<? 5>
Date: 8 j, 7 /o'-{ Signed:
( (
Witness:
/~'j
(Seal)
6/29/04
PROPOSAL FORM
00110-4
MONROE COUNTY FIRE STATION No. 22
SECTION 00110
NON-COLLUSION AFFIOA VIT
I, ~GCZ-- ../V\ f .l+:r2.e-JA- of the city rr-:- V'J\ IA Y-'" I
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am AN\JEL '^-'\ P~4-
ofthefirmof\Poge-K (~()l~ ,~JLt.)
the bidder making the Proposal for the project described in the notice for calling for bids for:
~I (}r-rrv417 ~
NO??
-
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that
said project.
o~ 1/, //':If:.
(Date) I /
STATE OF:
COUNTY OF:
t\O(~,^,
\:)~~'E.
PERSONALLY APPEARED BEFORE ME, the undersigned authority, \\~\ \\\. ~ V\\~~C\
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above
on this \1. day of ~u~u~~ ,20..Q:L.
My commission expires:
~ftJtJ~ \\ ,~~
.
,,,,,,, I <:1......, M
.,'~~v.~~'" ~",1 oyer
f:1~~:~ Co~s~on #DD296647
~'!).'. ~i'.:- Exptres. Mar 04, 2008
"'~~OF;\.O,,'''' BondedThN
'''''' \' Atlantic Bonding Co., Inc.
6/29/04
PROPOSAL FORM
00110-6
MONROE COUNTY FIRE STATION No. 22
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,~~ ~\OQIl()N
(Company)
~\LCS , (N L
I
... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
STATE OF:
';\()(v ~ 0'.
~\\~~
~~\~ \\" 'C~K)\)\\
(name of affiant). He/She is ersonally known to me
as iden I ca Ion. pe of
(date)
COUNTY OF:
Subscribed and sworn tolor affirmed) before me on
by ~;\ ~. ~<..~~~
or has produced
identification)
My commission expires:
~\.\U'" \\, ~~ O<{
.
,\111'" T o::l~l Mover
,,~VPIJ. I" ~,I.; ~
/i;~'" . . .~'~ eommisstOn #00296647
:: *: . : *:: EvpU" es: Mar 04, 2008
-~. 1. -^ ed Thro
'-':~O;f\.o..,-- Bond. Co In
',.""", Atlantic Bondmg "' c.
6/29/04
PROPOSAL FORM
00110-7
MONROE COUNTY FIRE STATION No. 22
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~ \(~ ~I12QT~ ~--P-.l1 (E=.~ 7 J N L
(Name of Business) r
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Date
6/29/04
PROPOSAL FORM
00110-8
----.--------
",--------
PRODUCER
USllnsurance of Florida
Commercial Lines
90 Almeria Avenue
Coral Gables, FL 33134
TROPECON
CERTii=nicATE OF LIABILITY INSURANCE 1 ~:Z;o""
THIS CERTIFICATE IS ISSUED AS TAS MuApTToENR T~~ I~E~~~J~~~
ONLY AND CONFERS NO RIGH
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND 0:
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO .
INSURERS AFFORDING COVERAGE
I
\
LINSURER ^:
I
! INSURER B.
r-
! INSURER C.
~NSURER 0:
, INSURER E
Scottsdale Insurance Compa~_
Progressive ~surance Group
National Union Fire Insurance Co.
Bridgefield Employers tnsurancecomp
/
[f jtCQRD".
INSURED
Tropex Construction Services
14342 SW 98 Terrace
Miami, FL 33186
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
b=.,
I~~~ i TYPE OF INSURANCE POLICY NUMBER \ P~k'fEYIij"J,'6~~~
A ~NERAL LIABILITY CLS0975254 i 11/10/03
JL COMM ERCIAL GENERAL LIABILITY
i CLAIMS MADE W OCCUR
,]LBI/PO Oed:1tOOO
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~'L AGGRE~ LIMIT AP~S PER:
I I POLICY I I P,~P.T I I LOC
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U ANY AUTO
M ALL OWNED AUTOS
:fI SCHEDULED AUTOS
~ HIRED AUTOS
~ NON.OWNED AUTOS
Ii
COVERAGES
023767840
11/14/03
POLICY ~XPIRATI9.N 1 IMITS
! DATE .MM/DD/YV' L
11/10/04 I EACH OCCURRENCE I $1.000,000
~~~i~~-,,~;fire) l-$1001~----
: MED EXP (Any one p~~~OO ____
PERSONAL & ADV INJURY. 151 000,000
~.~~~E~~.~~R~GA TE -l~~OOJ!Q!L___
rODUs::r~~~~fI!.~IOP AGG: 52,000,000
lCOMBINED SINGLE LIMIT I: $1,000,000
(Ea accident)
c------.--
\ 11/14/04
i BODILY INJURY
! (Per person)
I
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!
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I BODILY INJURY
(Per accidenl)
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PROPERTY DAMAGE
(Per accidenl)
1$
------t-..--.----
1$
C
nRAGE LIABILITY
II ANY AUTO
EXCESS LIABILITY
L..J OCCUR 0 CLAIMS MADE
I
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Ii1 RETENTION 510000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I
AUTO ONLY. EA ACCIDENT _..1. $.__
OTHER THAN ~ ACC I 5
, AUTO ONLY:
\ BE2348769
11/14/03
11/14/04
i EAC~~c;~_I.I~~!=NCE
AGGR.~.9!\.!.E______
AGG $
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l~cL.~~CH AC~IDE~T I 5500,000----
~ L DISEASE. EA EM~O,OOO
E L DISEASE. POLICY LIMIT $500,000
o
083030715
I
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i
12/10/04
OTHER
I
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DESCRIPTION OF OPERATIONS/LOCATIONSNEHICL I I
GENERAL CONTRACTOR ESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER
i
: ADDITlONALINSURED;INSURERLETTER:
CANCELLATION
SH OULD ANYOF TH E ABOVE 0 ESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPlRATI<
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL" ^.
.LU..- DAYSWRITTI
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT. BUTFAlLURE TODOSOSHAL
IMPOSE NOOSl/GATtON OR l/AS/l/TYOF ANY KIND UPON THE INSURER ITS AGENTS (
REPRESENTATIVES. '
AUTHORIZED REPRESENTATIVE
~~
PROOF OF INSURANCE
MONROE COUNTY FIRE STATION No. 22
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
General Liability, including
Premises Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and Collapse (XCU)
Vehicle Liability (Owned, nonowned, and hired vehicles)
Builders' Risk
Statuatory Limits
$500,000/500,000/500,000
$500,000 Combined Single Limit
or
If split limits are provided:
$250,000 per Person
$500,000 per Occurance
$ 50,000 Property Damage
$100,000 per Person
$300,000 per Occurance
$ 50,000 Property Damage
$300,000 Combined Single Limit
Limits equal to the completed project
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION 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.
6/29/04
PROPOSAL FORM
00110-9
08/16/2004 MON 15:11 FAX 3054426434
KOLISCH INSURANCE USI
IaJ 002
. :..
MONROE CoUNtY FIRE STATION No. 22
INSUFtANCE AGE~S STATEMENl:
I have reviewed the above requirements with 'the bidder named below. The following
decluctlb1el apply 10 the Clorraspondlng pofioy.
POLICY
C I C\ [) CG-S~S4 (_c;y_
Q 'i"3=>~0":.\-\~ 1. Q't" kP~('(")rY'lp---....
Od.'3lcmlb~ ~- hnhl\Jy
Ltelllty pcllclea ere ~OcOUrret'lQe
DEDUCTlBLES
$ \f\(~O
-t)-
-0-
t($:T FldU~
tnsu..-nce Agency
BIQDER'S STATEMENT
I undem.nd the Ineul1lnc::8 itIat will be mandatory If IIW8I'ded the eontraclt and wtll oompfy In fun
with all the requirements.
~lP6L ........ r?~
Bidder
8J29104
PROpOSAL FORM 0011()...10
aod
oe&e ~~r~3SY' dH WYOZ:S vOO~ 91 2n~
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
. 1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
PAREJA, ANGEL M
TROPEX CONSTRUCTION SERVICE INC
14342 SW 98 TERRACE
MIAMI FL 33186
. STATE OF FLORIDA AC# 1 S 18 8 3 !
'DEP~TlGNT OF BUSIHIlSS AND
. PROFESSIONAL REGULATION
CGC1504111
O,IJVO~A()4 040107254
CON'l'RACTOR
INC
IS CERTIFIED under the providon. of Ch.489 rs.
bpiratiou dAt.. AUG 31, 2006 LOt08030Ufll
DETACH HERE
r'-'-""'-".---"~'W'W"'-___ w. __'. ,_ ____'.'H"'_....._.,___
! Ac#1518836 STATE OF FLORIDA
DEPARTMEm' OF BUSINESS J\;NI> JilROFSSSJ:ONAL REGULATION
CONSTRU<tTION 1Jm:>USTRY LIe_SING BOARD SEQ#L04080301449
----------------._~-,.._.~----_...,._- ,--~~..-~.."._-,~
: 08 03 200.414..Qa.Q7:a.S' CQ.
The GENERAL COH'l'ii~R
Named below IS CERTIFIED
Under t.ae p1l'OViSions of e~pt.,..
Expiration date: AUG 31, 2006:
PAREJA, ANWEL M
TROPEX CONSTRUCTION SERVICE INC
14342 SW 98 TERRACE
MIAMI FL 33186
JEB BUSH
GOVERNOR
nlAPI 6 v 6A QkAI IIQa=n RV I 6\A/
DIANE CARR
SECRETARY
MONROE COUNTY FIRE STATION No. 22
ALTERNATES
The County Intends to award a contract based on the lowest responsive bid as
determined by a combination of the Base Bid plus Alternates selected by the County.
The County reserves the right to reject any and or all Alternates In the selection process
as is deemed necessary to keep the project within budget.
Add Alternate No.1: Base Bid shall not include cabinetry at Watch Room 101. Add cabinetry
fabricated of solid plywood subsurface material, laminate surface, and standard u-shape metal
pulls. Uppers shall be open shelves, 12" deep, 8 lineal feet total to right of window into
apparatus bays. Lower cabinets; provide a 30" deep work surface at lower, also (4) sets of
drawers and file drawers 18 inches wide in lower cabinets. This item shall be defined as an
Alternate not part of the Base Bid.. q
Add N\rJE I~Q.:)SANO ON;' +\vN~ ~~ $ ,100
Words Numbers
Add Alternate No.2: Base Bid shall not include cabinetry at Kitchen Room 112. Add cabinetry
fabricated of solid plywood subsurface material, laminate surface, and standard u-shape metal
pulls, upper and lower cabinets, sink base cabinet and (1) set of drawers; 18" wide. Island is 36"
wide by 72" long and shall be fully enclosed by cabinets below with doors opening to the sink
side only. This item shall be defined as an Alternate not part of the Base Bid.
Add ~~EN -N-IoJJIrrJD l>tlL-LM ~ - ~ $ /4 f..J Q:;o
Words umbers
Add Alternate No.3: Base Bid shall not include any appliances shown on drawings. Add the
following appliances: (4) Refrigerators; Model No. GTH18JBPWW by GE. (1) 40 inch free
standing range; Model No. FEF450BS by Frigidaire. (1) Dishwasher; Model No. GSD2600GVVW
by'GE. (1) Washer; Model No. WBXR2090DWW by GE. (1) Dryer; Model No. DBXR463EBVVW
by GE. Include (1) Sink; Model No. ESE3322 by Elkkay. (1) Faucet; Model No. 150 by Delta.
This item shall be defined as an Altemate not part of the Base Bid.
Add ~ ~~ Ell*'T +h.JNcJ).tD
Words
~
X. .-< $
,
~ ~{;7(}
Numbers
Add Alternate No.4: Base Bid shall not include ceramic tile flooring in the following rooms;
101, 102 and 103. Use highest grade ceramic tile 12" x 12" or larger, installed in accordance
with section 09319. This item shall be defined as an Alternate not part of the Base Bid.
Add\WO ThC>Js:A1'J9 .~ y. 4:NOO-fl) '2:Ol~T-i -FIJE--~ '2,lo 7 j
Words Numbers
Add Alternate No.5: Base Bid shall not include ceramic tile flooring in the following rooms;
109, 110, 110, 111, 112, 113, 114, 115, 116, 117, and 118. Use highest grade ceramic tile 12"
x 12" or larger, installed in accordance with section 09310. This item shall be defined as an
Alternate not part of the Base Bid.
Add SI')CI'-fl.\1Q-)~TvJO~~S-~$ ~J 2r:o
,
END ALTERNATES
6/29/04
PROPOSAL FORM
00110-3
MONROE COUNTY FIRE STATION No. 22
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding
Documents.
Item Description Pages
1. Proposal Form 2-4
2. Bid Bond 5
3. Non-Collusion Affidavit 6
4. Lobbying and Conflict of Interest Clause 7
5. Drug-Free Workplace Form 8
6. Insurance Requirements 9
7. Agent Statement 10
8. Contractor License
Current Copy to Be Submitted with Bid
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
6/29/04
PROPOSAL FORM
0011 0-1
MONROE COUNTY FIRE STATION No. 22
SECTION 00350
MILESTONE SCHEDULE/LlQUIDA TED DAMAGES
This section contains the project milestone schedule. The contractor is required to determine
his proposed schedule to meet these milestone dates.
The Contractor is to note the following special milestone dates.
1. Bid Documents Available .............. ...................................................02 JULY 2004
2. Pre-Bid Conference................................................................ ........ ..15 JULY 2004
3. Bid Due Date ..............................................................................17 AUGUST 2004
4. Award Date (Anticipated) ....................................................20 SEPTEMBER 2004
5. Notice to Proceed & Pre-Construction Meeting (Anticipated).. 04 OCTOBER 2004
6. Final Completion ........................... .......................................... 03 OCTOBER 2005
Contract Completion within 365 DAYS of Commencent.
LIQUIDATED DAMAGES
Conditions Under Which Liquidated Damages are Imposed-The time or times stipulated in
the contract for completion of the work of the contract or of specified phases of the contract shall
be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Construction Manager's signature of approval
on the Certificate of Substantial Completion. The liquidated damages table below shall be
utilized to determine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-99,999.00
$100,000.00-499,999.00
$500,000.00 and Up
FIRST
15 DAYS
$50.00/Day
100.00/Day
200.00/Day
500.00/Day
SECOND
15 DAYS
$100.00/Day
200.00/Day
500.00/Day
1,000.00/Day
31ST DAY &
THEREAFTER
$250.00/Day
750.00/Day
2,000.00/Day
3,500.00/Day
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
END OF SECTION 00350
6/29104
MILESTONE SCHEDULE/LIQUIDATED DAMAGES
00350-1
MONROE COUNTY FIRE STATION No. 22
ADDENDUM NO. 1
July 21,2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre-Bid Conference:
On Thursday, 2:00 P.M., July 15th, 2004, a pre-bid conference was held at the project site. The pre-bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
PHONE FAX
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
305-852-4185 305-853-0980
D. L. Porter Constructors, Inc., Dany Magill
6574 Palmer Park Circle, Sarasota, FL
941-929-9400 941-929-9500
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
305-853-9176 305-853-9176
Monroe County Construction Mgmt., Bill Harrington
Monroe County Construction Mgmt., Don Miner
305-289-6074 305-289-6075
305-295-4350 305-295-4321
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
305-872-4060 305-872-1170
Overholt Construction, Tim Hogan
305-234-9677
Portland Services. LLC, Arnold Morales
Miami, FL
305-969-3136 305-969-2036
Pi no Kaoba & Associates, Inc., Ernie Pino
Miami, FL
305-385-5732 305-385-5592
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
305-386-8695 305-675-0342
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale. FL
954-563-6200 954-563-6277
MONROE COUNTY FIRE STATION No. 22
ITEM #2:
If a contractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305-292-4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm". This should be priced as Add Alternate.
To be included with Section 00110 - ProDosal Form:
Add Alternate No 6: Builders Risk Insurance - Without "windstorm" coverage.
Add
$
Words
Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
MONROE COUNTY FIRE STATION No. 22
ADDENDUM NO. 2
July 22, 2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre-Bid Conference:
On Thursday, 2:00 P.M., July 15th, 2004, a pre-bid conference was held at the project site. The pre-bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
PHONE
FAX
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
305-852-4185 305-853-0980
D. L. Porter Constructors, Inc., Dany Magill
6574 Palmer Park Circle, Sarasota, FL
941-929-9400 941-929-9500
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
305-853-9176 305-853-9176
Monroe County Construction Mgmt., Bill Harrington
Monroe County Construction Mgmt., Don Miner
305-289-6074 305-289-6075
305-295-4350 305-295-4321
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
305-872-4060 305-872-1170
Overholt Construction, Tim Hogan
305-234-9677
Portland Services. LLC, Arnold Morales
Miami, FL
305-969-3136 305-969-2036
Pino Kaoba & Associates, Inc., Ernie Pino
Miami, FL
305-385-5732 305-385-5592
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
305-386-8695 305-675-0342
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale, FL
954-563-6200 954-563-6277
1
MONROE COUNTY FIRE STATION No. 22
ITEM #2:
If a contractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305-292-4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm", This should be priced as Add Alternate.
To be included with Section 00110 - Proposal Form:
Add Alternate No 6: Builders Risk Insurance - Without "windstorm" coverage.
Add
$
Words
Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ c.~~~ ~ ltES warrants that helit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
STATE OF (:.L0f21l)4
COUNTY OF '^"" IA M I - DA DE.
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
AMhF:1- ~ ~~A
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this / 7 day of
\\11""" Joel Orozco
~~~Y'':~'-;. Commission #DD345859
~*:~ ;,,*~ Expires: AU210, 2008
~ ",. ~:s . nded:Thru
"';,,,,~... .;,......~ Bo
"',R~~'" Atlantic Bonding Co., Inc.
My commission exptres:AvblJ51" 10 1.008
I
OMB - MCP FORM #4
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A311
Bond No. 532438P
Performance Bond
KNOW All MEN BY THESE PRESENTS: that
q''1t.lpex.. Construction Se:roices~ Inc.; 14342 Southwest 98th q'errace~ :l1:ia1m: pforiaa 33186
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title of Surety)
([)ewlDpers Surety antllnaemnity Company,' 1.50 SoutFi CFine IsfantflJ@ad; <Pf'antation, pforid'a 33324
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
;Monroe County CBoart:(of County Commissioners; .500 'WliiteneadStreet, '1(ey 'West, pforUfa 33040
as Obligee, hereinafter called Owner, in the amount of _
Pive Jfutulretfq'Jiirty P'iw q'JioUSant{PourJfunareaq'Jiirty anaNo/100 eDoffars ($535,430.00 J
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated October 20, 2004 , entered into a contract with Owner for
(Here insert full name, address and description of project)
q'avemier Pire StattOn No. 22,'
(}Jitf No. C:M/D-230-136-0-2004/WVC}t
in accordance with Drawings and Specifications prepared bY(Here insert full name and address or legal title of Architect)
Matthew Fowler, Architect; 21 Ships Way, Big Pine Key, Florida 33043
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @
FEBRUARY 1970 ED' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W, WASHINGTON, D.C. 20006
1
C:~DOCUME~l~grncclure~LOCALS~l~Ternp~TROPE_l.DOC
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perfonn said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
~~k
The Surety hereby waives notice of any alteration or
extension oftime made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
perfonned Owner's obligation thereunder, the Surety may
promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its tenns and
conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its tenn and conditions, and upon
detennination by Surety of the lowest responsible bidder, or
if the Owner elects, upon detennination by the Owner and
the Surety jointly of the lowest responsible bidder, arrange
for a contract between such bidder and Owner, and make
available as work progresses (even though there should be
a default or a succession of defaults
Signed and sealed this
3fi1'
day of
under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but
not exceeding, including other costs and damages for which
the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The tenn "balance of the
contract price," as used in this paragraph, shall mean the
total mount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount
properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or
for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators
or successors ofthe Owner.
November,
2004.
TrolJex Construction Services. Inc.
(Principal)
(Seal)
Deve/olJers Surety and Indemnitv Comoanv
(sur~.
(kk iJ. ~
Charles D. Nielson, Attorney-in-Fact and Florida Resident Agent
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 2
C:~DDCUME~l~gmcclure~LOCALS~l~Temp~TROPE_l.DOC
'TI'C=8l3
In5CllJlCC
@~[!dJ~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $1 00 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
www.lnscoDico.com
ID-1498 (Rev. 5/03)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 1972:". IRVINE. CA 9262.1 (949) 263-.1.100
www.lnscoDico.com
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make.
constitute and appoint:
*** Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Brett M. Rosenhaus, Kevin R. Wojtowicz, Laura
Mosholder, jointly or severally ***
'IS its truc and lawful Attorney(s)-in-Fact. to make. execute. deliver and acknowledge. ti)J' and on behalf of said corporation as surety. bonds. undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to per!ilrln every act necessary. requisite or proper to
be done in connection therewith as the corporation could do. but reserving to the corporation full power of substitution and revocation. and all of the acts of said
Attorney(s)-in-F,\ct. pursuant to these presents. arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by f'lCsimile under and by authority of the f()lIowing resolution adopted by the Hoard of Directors of DEVELOPERS
SURETY AND INDUv1NITY COMPANY effective as of November 1.2000:
RESOLVED. that the Chainnan of the Board. the President and any Vice President of the corporation be. and tlwt each of them hereby is. authorized to
execute Powers ofAtto\'lley. qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to exeeute. on behalfofthe eorporation. bonds. undertakings and
contracts of suretyship: and that the Secretary or any Assistant Seeretary of the corporation be. and eael1 of them hereby is. authorized to attest the execution of
any sueb Power of Allo\'lley:
RESOLVED. FURTlIER. that the signatures of such ot1icers may be atTixed to any such Power of Attorney or to any certificate relating thereto by
t;\csimile. and any such Powcr of Attorney or certificate bearing such f,\csimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WIIERfCOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice
President and attested by its Secretary this I st day ofOetober. 2003.
By C-~=) ~
David H. Rbodes. Executive Vice-President
By Ak~
Walter A. Crowell. Secretary
""'IIIA"N"'O""",,
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",^"" ........... "()","
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"'"1111111'''
STATE OF CALIFORNIA
)
)SS
)
COUNTY OF ORAN(iL'
On October I. 20m. before me. Diane J. Kawata. personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to
me on the basis of satisf'lctory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities. and that by their signatures on the instrument the entity upon behalfofwhich the persons aeted. executed the instrument.
WITNESS my hand and official seal
~fG'{J ~
r'-- - - --,
o@:..... g~~~ J# ~~:~:~ ~
:2' .,.:;;e:;:, _ NOlary PubliC . California :<::
3: ~c ORANGE COUNTY 0
I ,'"'' My _Comm Expires JAN 8. 2~6 1
Signature
CERTIFICATE
The undersigned. as Senior Vice-President. Underwriting. of DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby certify that the
!ilregoing Power of Attorney remains in full filrec and has not been revoked. and furthermore. that the provisions of the resolution of the respective Boards of
Directors of said corporal ion set forth in the Power of Attorney. is in (iwce as of the date of this Certificate.
This Certificate is executed in the City of Irvine. Calif(mlia. the 30th day of November
2004
l:)
By
ID-14.1X (OSI) (Rev. 101m)
!NielSon, jllter eft}lssodates, Inc.
(B01U{ (])epartment
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
Bond No.
532 438P
Contractor
q'rope~ Construction Services, Inc.
Address
14342 Southwest 98th Terrace
Miami, Florida 33186
Phone No.
(305) 386-8695
Surety Company
Developers Surety and Indemnity Company
Address
150 South Pine Island Road
Plantation, Florida 33324
Phone No.
(954) 692-0270
Owner Name
Monroe County Board of County Commissioners
Address
500 Whitehead Street
Key West, Florida 33040
Phone No.
(305) 294-4641
Contract/Project No.
Bid No. CMD-230-136-0-2004/PUR
Project Name
Tavernier Pire StattOn Woo 22
Project Location
151 Marine Avenue, Tavernier, Florida
Legal Description
and Street Address
PBI-I05, Key Largo BK 3, Lot 15 & PT 10' Alley
151 Marine Avenue, Tavernier, Florida
Description of Work
fire station renovations
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s) that may be preprinted thereon.
THE. A.ME.RICAN INSTITUTE. OF ARCHilTECTS
Bond No. 532438P
AlA J)ocllment A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of contractor)
'Trope~ OmstructiQn Services, Inc.,' 14342 Southwest 98t1i 'Terrace, 9diami, P{oritfa 33186
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title of Surety)
(])ewfopers Surety andlntfemnity Company; 150 Soutli (}line Isfana CR.gaa; cpfantation, pforitfa 33324
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
!Monroe County <Boara of County Commissioners; 500 Wfiiteliead Street, 7(ey West, pforitla 33040
as Obligee. hereinafter called Owner, in the amount of
Pive Nund"retf'Tliirty Pwe 'TIiousand'PourJ{untfretfq'f,irty antfNo/l00 CDalIars ($.53.5,430.00 ,)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns. jointly and severally, firmly by these presents.
WHEREAS.
Contractor has by written agreement dated Octooer 20, 2004
(Here insert full name, address and description of project)
, entered into a contract with Owner for
Tavernier PiTe Station :No. 22;
(]jitf :No. C:M.(])- 230-1J6-0~2(J(J41(]!()(j{
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
Matthew Fowler, Architect; 21 Ships Way, Big Pine Key, Florida .33043
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @
FEBRUARY 1970 ED' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006
3
C:'DOCUME~l'grncclure'LOCALS~l'Ternp'TROPE-l.DOC
LABOR AND MAT'ERIAL PAYMENT BOND
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. Claimant is defined as one having a direct contract
with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use
in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light,
heat. oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly
and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on
which the last of such c1aimanfs work or labor was done or
performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant,
prosecute the suit to final judgment for such sum or sums
as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs
or expenses of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct contract
with the Principal, shall have given written notice to any two
of the following: the Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant
did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating
with substantial
day of
accuracy the amount claimed and the name of the party to
whom the materials were furnished, 0 for whom the work or
labor was done or performed. Such notice shall be served
by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularty
maintained for the transaction of business, or served in any
manner in which legal process may be served in the state in
which the aforesaid project is located, save that such
service need not be made by a public officer.
b) After the expiration of one (1) year following the date on
which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this
bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so
as to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction in
and for the county or other political subdivision of the state
in which the project, or any part thereof, is situated, and not
elsewhere.
4. The amount of this bond shall be reduced by and to the
extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of
mechanic's liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
November,
2004.
TroDex Construction Services. Inc.
(Seal)
(Title)
Charles D. Nielson, Attorney-in-Fact and Rorida Resident Agent
.....IOM) NIA!IY" AMENDED 80 THAT TNI ~ AM
LllllTATIONI OF 8ECnON ..OS OR SECnOH 71'.21
"'OfItOA aTATUTE8. WHlCffSVEA IS APPUCABLE. AN
~TIO HEAIIH 8V AEFlAENCe.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW" WASHINGTON, D.C. 20006 4
C:'DOCUME~l'grncclure'LOCALS~l'Ternp'TROPE-l.DOC
lJ'G;][5
1r1SCliblcc
@)~[!::!J~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$IOO billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation oflaw.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
www.lnscoDico.com
ID-1498 (Rev. 5/03)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 197~5. IRVINE. CA 9~o~J (949) ~oJ-JJOO
www.lnscoDico.com
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make.
constitute and appoint:
*** Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Brett M. Rosenhaus, Kevin R. Wojtowicz, Laura
Mosholder, jointly or severally ***
as its true and lawful Attorney(s)-in-Fact. to make. execute. deliver and acknowledge. fill' and on behalf of said corporation as surety. bonds. undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perfill'lll every act necesslllY. requisite or proper to
be done in connection therewith as the corporation could do. but rescrving to the corporation filII power of substitution and revocation. and all of the acts of said
Attorney(s)-in-Fact. pursuant to these presents. arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COMPANY enective as of November I. ~OOO:
RESOLVED. that the Chairman of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to
execute Powers of Attorney. qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute. on behalf of the corporation. bonds. undel1akings and
contracts of suretyship: and that the SecretlllY or any Assistant Secretary of the corporation be. and each of thcm hercby is. authorized to Httest the execution of
Hny such Power of Attorney;
RESOLVED. FURTIIER. that the signatures of such otlicers may be atlixed to any such Power of Attorney or to any certificate relating thereto by
fHcsimile. and any such Power of Attorney or certificate bearing such f~lcsimile signatures shall be valid and binding upon the corporation when so affixed and in
the filture with rcspect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Viee
President and attested by its SecretalY this I st day of October. ~OOJ.
C~)~
"",111111111'",
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\~ \ 1936 /~ j
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'....,;>>0' ...........11 "t-<tf...........
IIIff"I"I.tlll"""'"''
By:
David H. Rhodes. Executive Vice-President
By AJw ~
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On October 1.2003. before me. Diane.l. Kawata. personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to
me on the basis ofsatisf~lCtolY evidence) to be the persons whose names arc suhscribed to the within instrument and acknowledged to me that they executed the
same in their Huthorized capacities. and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument.
WITNESS my hHnd Hnd otliciHI seal
Signature
C
::2:
~
L
-
~~!J ~
DIANE J. KAWATA
COMM. # 1334746
Notary Public - California
ORANGE COUNTY
My::omm. Expires JAN. 8. 2006 I
c;
""
s:
o
CERTIFICATE
The undersigned. HS Senior Vice-President. Underwriting. of DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby certify that the
filregoing Power of Attorney remains in full filree and has not been revoked. and filrthennore. that the provisions of the resolution of the respective BOHrds of
Directors of said corporation set f0l1h in the Power of Attorney. is in t()rce as of the date of this Cel1iticate.
This Cel1iticate is executed in the City of Irvine. California. the 30th day of November
2004
BYW (;) ~
Wesley W. Cowling enior Vice-President. Underwri I g
ID-14JX (OSI) (Rev. IOfOJ)
The Inland Marine Declarations and INLAND MARINE DECLARATIONS
Endorsement, if any, issued to form a
part thereof, completes the Commercial
Insurance Policy numbered as follows: BR 60608983
I8l New Polley
o Renewal of
o Rewrite of
@
ZURICH
ASSURANCE COMPANY OF AMERICA
NEW YORK, NEW YORK 10038
A Stock Company
In return for the payment of the premium, and subject to all the terms of this
policy, we agree with you to provide the insurance as stated in this policy.
THIS IS A COINSURANCE CONTRACT. Please read your policy.
1. Named Insured and Mailing Address:
Tropex Construction Services, Inc.
14342 SW 98 Terrace
2. Producer Information (complete A-E)
A) Name:
Usi Florida
90 Almeria Ave
Coral Gables, FL 33134-6119
B) Telephone #: 3054478600
C) Fax #: 3054470209
D) Zurich Producer #: 02024776
E) Field Office Name: ORLANDO;SOUTHEAST
F) Field Office Code: ZO;SD;SB
Miami, FL 33186
3, Policy Period - From Effective Date Of: 01 10 2005
to (check one): 0 Continuous Reporting ~ One Year From Effective Date
12:01 a.m. Standard Time at your mailing address above.
4. Form of Business: 0 Individual 0 Partnership ~ Corporation 0 Joint Venture
5. limits of Insurance (select either One-Shot or Reporting Form option below)
o Other
o Reporting Form (continuous policy)
o Annual Rate 0 Monthly Rate (HBIS-4)
o Including Existing Building or Structure (HBIS-37)
A) Anyone structure" $ 500,000
B) Property temporarily at
any other premises
C) Property in transit
D) All covered property
at all locations
E) Development/Subdivision FenceslWalls
or Signs
$ 10,000
$ 25,000
$ 5,000,000
Per Report
Per Report
Per Report
Per Report
Per Report
F) Rate
G) Premium
H) Tax (applicable in KYonly)
I) Total Fully Earned Policy Premium
" Subject to underwriting guidelines
~ One-Shot (non-reporting form/single structure policy) HBIS-1
01-12 Family Dwelling r&l Commercial Structure
o Including Existing Building or Structure (HBIS-37)
Property location 151 Marina Ave
Tavernier, FL 33070-2620
A) Anyone structure
B) Property temporarily at
any other premises
C) Property in transit
D) All covered property
at all locations (same
as A unless otherwise noted)
E) Development/Subdivision FenceslWalls
or Signs
F) Rate
G) Premium
H) Tax (applicable in KYonly)
I) Total Fully Earned Policy Premium
(minimum premium applicable)
$
536.000
$
$
10,000
25,000
$
571,000
$
$
$
$
$
o
0.221
1,262.00
0.00
1,262.00
6. Deductible (minimum $500 unless otherwise indicated): 0 $1,000
7. Forms Applicable To All Coverage Parts:
iii 40471 Builders Risk Coverage Form
iii 47681 Comm. Inland Marine Coverage Part
181 CM0001 Comm. Inland Marine Conditions
IiI1l0017 Common Policy Conditions (ll0146 in WA)
o HBIS-58 Development/Subdivision Walls/Fences/Signs
1&1 9H0003 Florida Builders Risk Declarations
1&1 HBIS-35 Windstorm or Hail Exclusion
o HBIS-37 Existing Bui! 'ng ) or Structure(s)
Countersigned: I
FM 170001 Rev. 07/00
INSURED COPY
MORTGAGEES copy
~ $2,500 0 $5,000 0 Other
~ HBIS-42 Florida Fraud Statement
o HBIS-43 Windstorm Percentage Deductible
o HBIS-44 New York Fraud Statement
Other Forms: (list other applicable state and/or HBIS
forms; all required state forms applicable)
By:
BUILDERS RISK PLAN COPY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
Policy Change
Number
POLICY NUMBER
POLICY CHANGES
EFFECTIVE
01/10/2005
COMPANY
BR 60608983
NAMED INSURED
Assurance Company of America
AUTHORIZED REPRESENTATIVE
Tropex Construction Services, Inc.
02024776
Usi Florida
COVERAGE PARTS AFFECTED
CHANGES
Additional Insured: Monroe County Board of County Commissioners
Additional Insured Address: 500 Whitehead Street Key West, FL 33040
IL 12 01 11 85
Copy-right, Insurance Services Office, Inc., 1983
Copynght, ISO Commercial Risk Services, Inc., 1983
FLORIDA
NOTICE TO POLICYHOLDERS
Section 627.4131 of the Florida Insurance Code requires that we furnish you the
following telephone number for you to present inquiries or obtain information about
coverage and to provide assistance in resolving complaints. When calling ask for the
Builders Risk Plan Supervisor.
1-800-800-3907
HBIS 48
ED 5-97
Commercial Inland Marine Coverage Part Quick Reference
READ YOUR POLICY CAREFULLY
DECLARATIONS PAGE
Names Insured and Mailing Address
Policy Period
Description of Business and Location
Coverages and Limits of Insurance
COVERAGE FORM(S)
A. COVERAGE
1) Covered Property
2) Property Not Covered
3) Covered Causes of Loss
4) Additional Coverage -- Collapse
5) Coverage Extensions (if applicable)
C. LIMITS OF INSURANCE
D. DEDUCTIBLE (if applicable)
E. ADDITIONAL CONDITIONS
F. DEFINITIONS
B. EXCLUSIONS
Earthquake (if applicable)
Governmental Action
Nuclear Hazard
War and Military Action
Water (if applicable)
Other Exclusions
ENDORSEMENTS (if applicable)
COMMERCIAL INLAND MARINE CONDITIONS
LOSS CONDITIONS
A. Abandonment
B. Appraisal
C. Duties in the Event of Loss
D. Insurance Under Two or More Coverages
E. Loss Payment
F. Other Insurance
G. Pair, Sets or Parts
H. Privilege to Adjust With Owner
I. Recoveries
J. Reinstatement of Limit After Loss
K. Transfer of Rights of Recovery Against Others to Us
GENERAL CONDITIONS
A. Concealment, Misrepresentation or Fraud
B. Legal Action Against Us
C. No Benefit to Bailee
D. Policy Period
E. Valuation
COMMON POLICY CONDITIONS
A. Cancellation
B. Changes
C. Examination of Your Books and Records
D. Inspection and Surveys
E. Premiums
F. Transfer of Your Rights and Duties Under This Policy
47681 Rev. 9-93
Copyright, Insurance Services Office, Inc., 1982, 1984
FLORIDA FRAUD STATEMENT
ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD,
OR DECEIVE ANY INSURER, FILES A STATEMENT OF CLAIM OR AN
APPLICATION CONT AlNING ANY FALSE, INCOMPLETE, OR MISLEADING
INFORMATION IS GUILTY OF A FELONY OF THE TIllRD DEGREE.
HBIP-42
NON REPORTING ENDORSEMENT
This endorsement changes the Builder's Risk Coverage Form. Please read it carefully.
E. ADDITIONAL CONDITIONS 3. WHEN COVERAGE BEGINS AND ENDS,
paragraph e. is replaced by the following:
e. Upon expiration of the policy.
E. ADDITIONAL CONDITIONS 4. REPORTING PROVISIONS is replaced by the
following:
4. REPORTING PROVISIONS
a. The premium charged is fully eamed and no refund is due you
when coverage ends.
b. You will keep accurate construction records regarding property
we cover under this policy. This includes the total estimated
completed value (labor, overhead and materials and when
included profit) of the property and a record of all contracts of sale
dealing with the property.
E. ADDITIONAL CONDITIONS 8. COINSURANCE is replaced by the following:
8. COINSURANCE
If the limit of insurance is less than the total estimated completed value
of the property insured, you will bear a portion of any Joss. The amount
we will pay is determined by the following steps:
a. Divide the limit of insurance by the total estimated completed
value of the Covered Property;
b. Multiply the total amount of the covered loss, before the
application of any deductible, by the percentage determined in
step "a";
c. Subtract the deductible from the figure determined in "b".
E. ADDITIONAL CONDITIONS 9. CANCELLATION Paragraph a. is deleted.
All other terms and conditions of this policy remain unchanged.
HBIS - 1
Rev. 11-2002
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION
1. The first Named Insured shown in the Decla-
rations may cancel this policy by mailing or
delivering to us advance written notice of can-
cellation.
2. We may cancel this policy by mailing or deliv-
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of can-
cellation if we cancel for nonpayment of
premium; or
b. 30 days before the effective date of can-
cellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
4. Notice of cancellation will state the effective
date of cancellation. The policy periOd will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If
we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund may
be less than pro rata. The cancellation will be
effective even if we have not made or offered
a refund.
6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.
B. CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded. The
first Named Insured shown in the Declarations is
authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
C. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and records
as they relate to this policy at any time during the
policy period and up to three years afterward.
D. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find;
and
3. Recommend changes.
AI'ly inspections, surveys, reports or recommenda-
tions relate only to insurability and the premiums
to be charged. We do not make safety inspec-
tions. We do not undertake to perform the duty of
any person or organization to provide for the health
or safety of workers or the public. AI'ld we do not
warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or stan-
dards.
This condition applies not only to us, but also to
any rating, advisory, rate service or similar organi-
zation which makes insurance inspections, surveys,
reports or recommendations.
E. PREMIUMS
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premi-
ums; and
2. Will be the payee for any return premiums we
pay.
IL 00 17 11 85
Page 1 of 2
Copyri" IIIIWafIaI: ScIYiccs Office. IK., 1912, 191)
F. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS POLICY
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.
If you die, your rights and duties will be trans-
ferred to your legal representative but only while
acting within the scope of duties as your legal
representative. Until your legal representative is
appointed. anyone having proper temporary cus-
tody of your property will have your rights and
duties but only with respect to that property.
IL 00 17 11 85
Page 2 of 2
Copyri&bt.lnIUI'IIJICe SemceaOftice,IDC., 1982. 1983
COMMERCIAL INLAND MARINE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA CHANGES - WARRANTIES
This endorsement modifies insurance provided under the following:
COMMERCIAL INLAND MARINE COVERAGE PART
Wherever the words "warrants", "warranties", "warranted" or "warranty" appear in this Coverage Part, you and
we agree that they are representations.
CM 01 01 11 85
Copyright, Insurance Services Office, Inc., 1984
G
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA CHANGES -
LEGAL ACTION AGAINST US
This endorsement modifies insurance provided under the following:
BOilER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
The following replaces the second paragraph of the LEGAL ACTION AGAINST US Condition:
LEGAL ACTION AGAINST US
legal action against us involving direct physical loss or damage to property must be brought within 5 years from
the date the loss occurs.
Il01 750993
Copyright. Insurance Se<viees O/fice,lnc.. 1993
Copyrighl. ISO Commercial Risk services. Inc.. 1993
FLORIDA
HOME BUILDERS INSURANCE SERVICES, INC.
BUILDERS RISK DECLARATIONS
POLICY # BR60608983
EFFECTIVE DA TE ~.-!.Q..j 2005
PREMIUM FOR THIS COVERAGE FORM $ 1,262.00
LIMITS OF INSURANCE
LIMITS OF INSURANCE
A.
ANY ONE STRUCTURE
$ 536,000.00
B.
PROPERTY TEMPORARILY AT ANY OTHER PREMISES
$10,000
c.
PROPERTY IN TRANSIT
$25,000
D.
ALL COVERED PROPERTY AT ALL LOCATIONS
$ 571 ,OOO.OC
DEDUCTIBLE
A. MINIMUM DEDUCTIBLE $500 UNLESS OTHERWISE INDICATED $ 2,500.00
SPECIAL PROVISIONS - IF ANY:
DEDUCTIBLE PROVISION:
The following is added to Section D. DEDUCTIBLE:
The deductible applies separately to each building, if two or more buildings are covered.
9H0003 Ed. 04-94 (One-Shot)
(May Be Reproduced)
COMMERCIAL INLAND MARINE
CM 00010695
COMMERCIAL INLAND MARINE CONDITIONS
The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial
Inland Marine Coverage Fonns:
LOSS CONDITIONS
A. ABANDONMENT
There can be no abandonment of any property to us.
B. APPRAISAL
Ifwe and you disagree on the value of the property or the
amount of "loss," either may make written demand for
an appraisal of the "loss." In the event, each party will
select a competent and impartial appraiser. The two
appraisers will select an umpire. If they can not agree,
either may request that selection be made by a judge of a
court having jurisdiction. The appraisers will state
separately the value of the property and amount of "loss."
If they fail to agree, they will submit their differences to
the umpire. A decision agreed to by any two will be
binding. Each party will:
1. Pay its chosen appraiser; and
2. Bear the other expenses of the appraisal and
umpire equally.
If there is an appraisal, we will still retain our right to
deny the claim,
C. DUTIES IN THE EVENT OF LOSS
You must see that the following are done in the event of
"loss" to Covered Property:
1. Notify the police if a law may have been broken.
2. Give us prompt notice of the "[oss." Include a
description of the property involved.
3. As soon as possible, give us a description of how,
when and where the "loss" occurred.
4. Take all reasonable steps to protect the Covered
Property from further damage and keep a record of
your expenses necessary to protect the Covered
Property, for consideration in the settlement ofthe
claim. This will not increase the Limit ofInsurance.
However, we will not pay for any subsequent "loss"
resulting from a cause ofloss that is not a Covered
Cause of Loss. Also if feasible, set the damaged
property aside and in the best possible order for
examination.
5. Make no statement that will assume any
obligation or admit any liability, for any "loss" for
which we may be liable, without our consent
Copyright, Insurance Services Office, Inc., 1994
6. Pennit us to inspect the property and records
proving "loss."
7. Ifrequested, pennit us to question you under
oath, at such times as may be reasonably required,
about any matter relating to this insurance or your
claim, including your books and records. In such
event, your answers must be signed.
8. Send us a signed, sworn statement of "loss"
containing the information we request to settle the
claim. You must do this within 60 days after our
request. We will supply you with the necessary
forms.
9. Promptly send us any legal papers or notices
received concerning the "loss."
10. Cooperate with us in the investigation or
settlement of the claim.
D. INSURANCE UNDER TWO OR MORE
COVERAGES
If two or more of this policy's coverages apply to the
same "loss," we will not pay more than the actual amount
of the "loss."
E. LOSS PAYMENT
We will payor make good any "loss" covered under this
Coverage Part within 30 days after:
1. We reach agreement with you;
2. The entry of final judgement; or
3. The filing of an appraisal award.
We will not be liable for any part ofa "loss" that has been
paid or made good by others.
F. OTHER INSURANCE
If you have other insurance covering the same "loss" as
the insurance under this Coverage Part, we will pay only
the excess over what you should have received from the
other insurance. We will pay the excsss whether you can
collect on the other insurance or not.
CM 00 01 0695
Page 1 of2
G. PAIR, SETS OR PARTS
1. Pair or Set. In case of "loss" to any part ofa pair or
set we may:
a. Repair or replace any part to restore the pair or set
to its value before the "loss;" or
b. Pay the difference between the value of the pair or
set before and after the "loss."
2. Parts. In case of "loss" to any part of Covered
Property consisting of several parts when complete, we
will only pay for the value of the lost or damaged part.
H. PRIVILEGE TO ADJUST WITH OWNER
In the event of "loss" involving property of others in your
care, custody or control, we have the right to:
1. Settle the "loss" with the owners of the property. A
receipt for payment from the owners of that property will
satisfY any claim of yours.
2. Provide a defense for legal proceedings brought
against you. If provided, the expense of this defense will
be at our cost and will not reduce the applicable Limit of
Insurance under this insurance.
I. RECOVERIES
Any recovery or salvage on a "loss" will accrue entirely
to our benefit until the sum paid by us has been made up.
J. REINSTATEMENT OF LIMIT AFTER LOSS
The Limit ofInsurance will not be reduced by the
payment of any claim, except for total "loss" of a
scheduled item, in which event we will refund the
unearned premium on that item.
K. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
If any person or organization to or for whom we make
payment under. this insurance has rights to recover
damages from another, those rights are transferred to us
to the extent of our payment. That person or organization
must do everything necessary to secure our rights and
must do nothing after "loss" to impair them.
Copyright, Insurance Services Office, Inc., 1994
GENERAL CONDITIONS
A. CONCEALMENT, MISREPRESENTATION OR
FRAUD
This Coverage Part is void in any case of fraud,
intentional concealment or misrepresentation of a
material fact, by you or any other insured, at any time,
concerning:
I. This Coverage Part;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. A claim under this Coverage Part.
B. LEGAL ACTION AGAINST US
No one may bring legal action against us under this
Coverage Part unless:
1. There has been full compliance with all the
terms of this Coverage Part; and
2. The action is brought within two years after you
first have knowledge of the "loss."
C. NO BENEFIT TO BAILEE
No person or organization, other than you, having
custody of Covered Property, will benefit from this
insurance.
D. POLICY PERIOD
We cover "loss" commencing during the policy period
shown in the Declarations.
E. VALUATION
The value of property will be the least of the following
amounts:
1. The actual cash value of that property;
2. The cost of reasonably restoring that property to
its condition immediately before "loss;" or
3. The cost of replacing that property with
substantially identical property.
In the event of "loss," the value of the property will be
determined as of the time of "loss."
CM 00 01 0695
Page 2 of2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA CHANGES -
CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART - FARM PROPERTY COVERAGE FORM
FARM COVERAGE PART - LIVESTOCK COVERAGE FORM
FARM COVERAGE PART - MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM
A. Paragraph 2. of the Cancellation Common Policy
Condition is replaced by the following:
2. Cancellation For Policies In Effect 90 Days Or
Less
a. Ifthis policy has been in effectfor 90 days or
less, we may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation, accompanied by the
specific reasons for cancellation, at least:
(1) 10 days before the effective date of can-
cellation if we cancel for nonpayment of
premium; or
(2) 20 days before the effective date of can-
cellation if we cancel for any other rea-
son, except we may cancel immediately
if there has been:
(a) A material misstatement or misrep-
resentation; or
(b) A failure to comply with underwriting
requirements established by the in-
surer.
b. We may not cancel:
(1) On the basis of property insurance
claims thatare the resultofan act of God,
unless we can demonstrate, by claims
frequency or otherwise, that you have
failed to take action reasonably neces-
sary as requested by us to prevent recur-
rence of damage to the insured property;
or
Page 1 of2
IL02550398
(2) On the basis of filing of claims for partial
loss caused by sinkhole damage, regard-
less of whether this policy has been the
subject of a sinkhole claim, or on the ba-
sis of the risk associated with the occur-
rence of such a claim. However, we may
cancel this policy if:
(a) The total of such property insurance
claim payments for this policy ex-
ceeds the current policy limits of cov-
erage for property damage; or
(b) You have failed to repair the struc-
ture in accordance with the engineer-
ing recommendations upon which
any loss payment or policy proceeds
were based.
B. The following is added to the Cancellation Common
Policy Condition:
7. Cancellation For Policies In Effect For More
Than 90 Days
a. If this policy has been in effect for more than
90 days, we may cancel this policy only for
one or more of the following reasons:
(1) Nonpayment of premium;
(2) The policy was obtained by a material
misstatement;
(3) There has been a failure to comply with
underwriting requirements established
by the insurer within 90 days ofthe effec-
tive date of coverage;
(4) There has been a substantial change in
the risk covered by the policy;
eq,yri,1r, JJllUfUICC Sea-ices crnce,lnc.. 1997
(5) The cancellation is for all insureds under
such policies for a given class of in-
sureds;
(6) On the basis of property insurances
claims that are the result of an act of God,
if we can demonstrate, by claim fre-
quencyorotherwise, that you have failed
to take action reasonably necessary as
requested by us to prevent recurrence of
damage to the insured property; or
(7) On the basis of filing of claims for partial
loss caused by sinkhole damage, or on
the basis of the risk associated with the
occurrence of such a claim, if:
(a) The total of such property insurance
claim payments for this policy ex-
ceeds the current policy limits of cov-
erage for property damage; or
(b) You have failed to repair the struc-
ture in accordance with the engi-
neering recommendations upon
which any loss payment or policy
proceeds were based.
b. If we cancel this policy for any of these rea-
sons, we will mail ordelivertothe first Named
Insured written notice of cancellation, accom-
panied by the specific reasons for cancella-
tion, at least:
(1) 10 days before the effective date of can-
cellation if cancellation is for nonpayment
of premium; or
(2) 45 days before the effective date of can-
cellation if:
(a) Cancellation is for one or more of the
reasons stated in 7.a.(2) through
7.a.(7) above; and
(b) This policy does not cover a residen-
tial structure or its contents; or
(3) 90 days before the effective date of can-
cellation if:
(a) Cancellation is for one or more of the
reasons stated in 7.a.(2) through
7.a.(7) above; and
(b) This policy covers a residential struc-
ture or its contents.
C. The following is added:
NONRENEWAL
1. If we decide not to renew this policy we will mail
or deliver to the first Named Insured written no-
tice of nonrenewal, accompanied by the specific
reason for nonrenewal, at least:
a. 90 days prior to the expiration ofthe policy if
this policy covers a residential structure or its
contents; or
b. 45 days prior to the expiration of the policy
for all other policies.
2. Any notice of non renewal will be mailed or deliv-
ered to the first Named Insured's last mailing
address known to us. If notice is mailed, proof of
mailing will be sufficient proof of notice.
3. We may not refuse to renew this policy:
a. On the basis of property insurance claims that
are the result of an act of God, unless we can
demonstrate, by claims frequency or
otherwise, that you have failed totake action
reasonably necessary as requested by us to
prevent recurrence of damage to the insured
property; or
b. On the basis offiling of claims for partial loss
caused by sinkhole damage, regardless of
whether this policy has been the subject of a
sinkhole claim, or on the basis of the risk
associated with the occurrence of such a
claim. However, we may refuse to renewthis
policy if:
(1) The total of such property insurance
claim payments for this policy exceeds
the current policy limits of coverage for
property damage; or
(2) You have failed to repair the structure in
accordance with the engineering recom-
mendations upon which any loss pay-
ment or policy proceeds were based.
IL 02 550398
Page20f2
Copyright. Insurance SeMC88 OtfIce.lnc.. 1997
WINDSTORM OR HAIL EXCLUSION
THIS ENDORSEMENT CHANGES THE BUILDER'S RISK COVERAGE FORM.
PLEASE READ IT CAREFULLY.
SECTION A COVERAGE, paragraph 4, ADDITIONAL COVERAGE, a. (1) is replaced
by the following:
(1) Fire; lightning; explosion; smoke; aircraft; vehicles; riot; civil commotion;
vandalism; breakage of glass; falling objects; weight of snow, ice or sleet;
water damage; but only if the causes of loss otherwise are covered in
this Coverage Form;
SECTION B. EXCLUSIONS, paragraph 3 is amended to add the following:
e. Windstorm or Hail
HBIS 35
Rev. 11-2002
COMMERCIAL INLAND MARINE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA CHANGES - LOSS PAYMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL INLAND MARINE COVERAGE PART
Commercial Inland Marine Loss Condition E. Loss Payment is replaced by the following:
We will payor make good any "loss" covered under this Coverage Part:
1. Within 20 days after we reach written agreement with you; or
2. Within 30 days after:
a. The entry of final judgement; or
b. The filing of an appraisal award.
We will not be liable for a "loss" that has been paid or made good by others.
The above condition does not apply to the Mail Coverage Form.
CM 01 1604 89
Copyright, Insurance Services Office, Inc., 1988
G
FLORIDA AMENDATORY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE INLAND MARINE DECLARATIONS PAGE.
PLEASE READ IT CAREFULLY.
SECTION 5. LIMITS OF INSURANCE, Reporting Form and One-Shot, item I) is
amended to read Total Policy Premium.
HBIS - 47
Ed. 12/2001
FLORIDA AMENDATORY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE INLAND MARINE DECLARATIONS PAGE.
PLEASE READ IT CAREFULLY.
THIS IS A COINSURANCE CONTRACT: The rate charged in this policy is based
upon the use of the coinsurance clause attached to this policy, with the consent of the
insured.
HBIS - 65
Ed. 12/2001
8
ZURICH
THIS IMPORT ANT DISCLOSURE NOTICE IS PART OF YOUR POLICY
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act
of 2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this policy is
$ waived . This amount is reflected in the total premium for this policy.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government
will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after an insur-
ance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company
deductible is 1 % of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior
year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium
in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event
the United States government participates in losses, the United States government may direct insurance compa-
nies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance in-
dustry or United States government participation in terrorism losses that exceed $100 billion in anyone calen-
dar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or
a vessel based principally in the United States, on which United States income tax is paid and whose
insurance coverage is subject to regulation in the United States), or the premises of a United States
mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or for-
eign interest as part of an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course
of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses
resulting from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do Dot modify your policy or affect your rights under the
policy.
CoPyrilht Zurich American Insurance Company 2002
Z-Dlsc~P
U.(jU-630.A (1]/02)
DEDUCTIBLE AMENDATORY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE BUILDER'S RISK COVERAGE FORM.
PLEASE READ IT CAREFULLY.
SECTION D. DEDUCTIBLE replaced by the following:
D. DEDUCTIBLE
We will not pay for loss in anyone occurrence until the amount of covered loss
exceeds the Deductible shown in the Declarations. We will then pay the amount of
covered loss which exceeds the Deductible, up to the Limit of Insurance. This
Deductible applies separately to each building or structure, described in the
Declarations or reported to us, if two or more location(s) sustain loss.
HBIS - 67
Ed. 11-2002
BUILDER'S RISK COVERAGE FORM
This form is subject to the information in the Declarations and the Policy Conditions, Schedules and
Endorsements.
Throughout this policy, the words you and your refer to the Named Insured shown in the
Declarations. The words we, us and our refer to the Company providing this insurance.
Words and phrases that appear in italics have special meaning. Refer to Section F. DEFINITIONS.
A. COVERAGE
We will pay for direct physical loss to Covered Property from any Covered Cause of Loss
described in this Coverage Form.
1. COVERED PROPERTY, as used in the Coverage form means:
a. Property which has been installed, or is to be installed in any commercial
structure and/or any single family dwelling, private garage, or other structures
that will be used to service the single family dwelling at the location which you
have reported to us. This includes:
(1) Your property;
(2) Property of others for which you are legally responsible;
(3) Paving, curbing, fences and outdoor fixtures;
(4) Trees, shrubs, plants and lawns installed by you or on your behalf;
(5) Completed single family dwelling(s) which is being used as a Model
Home when reported to us as such on monthly reports with an amount
shown; and
(6) Foundations of buildings and foundations of structures in the course of
construction.
2. PROPERTY NOT COVERED
Covered Property does not include:
a. Existing building or structure to which an addition, alteration, improvement,
or repair is being made, unless specifically endorsed;
b. Plans, blueprints, designs or specifications, except as provided in Additional
Coverage section of this Coverage Form;
40471
Rev. 11-2002
Includes copyrighted material or Insurance Services Office, Inc., with its pennission.
Copyright. Insurance Servicu 0tIice, Jnc 1995
Page 1 of 18
c. Land and water;
d. Existing Inventory, unless specifically endorsed;
e. Contractors tools and equipment.
3 COVERED CAUSE OF LOSS
Covered Cause of Loss means risk of direct physical loss to Covered Property,
except those causes of loss listed in the Exclusions.
4. ADDITIONAL COVERAGE
a. Collapse
We will pay for direct physical loss to Covered Property, caused by collapse of
all or part of a building or structure insured under this Coverage Form, if the
collapse is caused by one of more of the following:
(1) Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riots;
civil commotion; vandalism; breakage of glass; falling objects; weight of
snow, ice or sleet; water damage; but only if the causes of loss are
otherwise covered in this coverage Form;
(2) Hidden decay;
(3) Hidden insect or vermin damage;
(4) Weight of people or personal property;
(5) Weight of rain that collects on a roof;
(6) Use of defective materials or methods in construction, remodeling or
renovation if the collapse occurs during the course of the construction,
remodeling or renovation.
This Additional Coverage does not increase the Limits of Insurance provided in
this Coverage Form.
b. Scaffolding, Construction Forms and Temporary Structures
(1) We will pay for direct physical loss which is caused by or results from a
Covered Cause of Loss, to scaffolding, construction forms and
temporary structures (including office and tool trailers), but only while
they are at a construction site you have reported to us. The most we will
pay for loss to scaffolding, construction forms and temporary structures
40471
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Copyright, Insuranc::e Servos OffICe. Inc 1995
Page 2 of 18
is $20,000.
(2) We will also pay for the cost of re-erection of the scaffold if the loss of
the scaffolding is caused by or results from a Covered Cause of Loss.
However, the most we will pay for the re-erection of scaffolding is
$10,000.
No deductible applies to this Additional Coverage.
c. Debris Removal
We will pay your expenses to remove debris of Covered Property. This debris
must result from a loss that we cover under this Coverage Form. The
expenses will be paid only if they are reported to us in writing within 180 days
of the date of direct physical loss. If the sum of the loss and debris removal
expenses exceeds the limit of insurance applicable to the property, we will pay
an additional amount of debris removal expenses you incur in excess of the
limit of insurance applicable to the property up to, but not exceeding $20,000.
This Additional Coverage does not apply to costs to:
(1) Extract pollutants from land or water; or
(2) Remove, restore or replace polluted land or water.
No deductible applies to this Additional Coverage.
d. Back-up or overflow of Sewers, Drains or Sumps
We will pay for loss to Covered Property caused by water that backs up or
overflows from a sewer, drain or sump from within the reported location.
The most we will pay for loss caused by water that backs up or overflows from
a sewer, drain or sump is $5,000.
No deductible applies to this Additional Coverage.
e. Fire Department Service Charge
When the fire department is called to save or protect Covered Property from a
Covered Cause of Loss, we will pay up to $10,000 for your liability for fire
department service charges which are:
(1) Assumed by contract or agreement prior to loss; or
(2) Required by local ordinance.
40471
Rev. 11-2002
Includes copyrtghted material of Ins\Kllnce Services omce, Inc., with its permiHion.
Copyright. Insurance Services Office, Snc 1995
Page 3 oft 8
No deductible applies to this Additional Coverage.
f. Valuable Papers and Records
We will pay for loss to which is caused by or results from a Covered Cause of
Loss that applies to your costs to Valuable Papers and Records meaning
inscribed, printed or written documents, records including deeds, drawings,
maps, mortgages and includes those which exist on electronic or magnetic
media.
We will pay the cost of blank materials for reproducing and labor to transcribe
or copy when there is a duplicate.
We will pay your cost to research, replace or restore the lost information on lost
or damaged valuable papers or records for which duplicates do not exist.
The most we will pay under this Additional Coverage is $20,000.
No deductible applies to this Additional Coverage.
g. Pollutant Clean-up and Removal
We will pay your expense to extract pollutants from land or water at locations
reported to us if the discharge, dispersal, seepage, migration, release or
escape of the pollutants is caused by or results from a Covered Cause of
Loss that occurs during the policy period. The expenses will be paid only if
they are reported to us in writing within 180 days of the date on which the
Covered Cause of Loss occurs.
This Additional Coverage does not apply to costs to test for, monitor, or assess
the existence, concentration or effects of pollutants. But, we will pay for
testing which is performed in the course of extracting the pollutants from land
or water.
The most we will pay under this Additional Coverage is $15,000 for the sum of
all expenses which are incurred as a result of all Covered Causes of Loss
during each separate 12 month period from the effective date of the policy.
No deductible applies to this Additional Coverage.
h. Ordinance or Law - Direct Damage
1. Coverage for Loss to Undamaged Portion of the Building or Structure
(a) If a Covered Cause of Loss occurs to Covered Property at the
construction site reported to us, we will pay for loss to the
40471
Rev. 11-2002
Includes copyrighted material of 10SllWlC8 Services Office, Inc., with ils permission.
Copyright, Insurance Services Office, Inc 1995
Page 4 of 18
40471
Rev. 11-2002
undamaged portion of the property as a consequence of
enforcement of any ordinance or law that:
{1) Requires the demolition of parts of the same property not
damaged by a Covered Cause of Loss;
(2) Regulates the construction or repair of property, or
establishes zoning or land use requirements at the
construction site; and
(3) Is in force at the time of loss.
(b) Coverage for loss to the undamaged portion of the structure is
included within the applicable limit of insurance for that location at
the construction site.
This only applies when the ordinance or law went into effect after
the start of the construction of the structure or dwelling.
2. Demolition Cost Coverage
(a) If a Covered Cause of Loss occurs to Covered Property at the
construction site reported to us, we will pay the cost to demolish
and clear the construction site of undamaged parts of the
property, caused by enforcement of building, zoning or land use
ordinance or law.
3. Increased Cost of Construction Coverage
(a) If a Covered Cause of Loss occurs to Covered Property at the
construction site reported to us, we will pay for the increased cost
necessary to repair or reconstruct the damaged portions of that
Covered Property when the increased cost is a consequence of
enforcement of building, zoning or land use ordinance or law. If
the Covered Property is repaired or rebuilt, it must be intended for
the same occupancy as the property prior to the loss. unless
otherwise required by zoning or land use ordinance or law.
(b) If the ordinance or law requires relocation to another site, we will
pay the increased cost of construction at the new site as set forth
below in h. 4.
4. The most we will pay for Demolition Cost Coverage and Increased Cost
of Construction Coverage is the lesser of the following;
(a) the amount of the loss;
Includes copyrighted material of Insurance Services Office. Inc., wdh ita permi~.
Copyright. Insurance Services Office, Inc 1995
Page 5 of18
(b) the applicable limit of insurance; or
(c) $1,000,000 in anyone loss.
5. We will not pay under this Coverage for Loss to the Undamaged Portion
of the Building or Structure, Demolition Cost Coverage, or Increased
Cost of Construction Coverage for costs associated with the
enforcement of any ordinance or law which requires any insured or
others to test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize, or in any way respond to or assess the effects of pollutants.
6. In the event that this policy is endorsed to provide coverage for existing
building(s) or structure(s), or the policy covers renovation, remodeling or
other work being done on such building(s) or structure(s), this Additional
Coverage shall not apply to such building(s) or structure(s).
i. Preservation of Property
If it is necessary to move Covered Property from the location reported to us or
described on the Declarations Page, to preserve it from loss by a Covered
Cause of Loss, we will pay for any direct physical loss to that property:
1 While it is being moved or while temporarily stored at another location;
and
2 Only if the loss occurs within 30 days after the property is first moved.
This Additional Coverage is part of, and not in addition to, the Limit of
Insurance applicable to the Covered Property.
B. EXCLUSIONS
1. We will not pay for a loss caused directly or indirectly by any of the following. Such
loss is excluded regardless of any other cause or event that contributes concurrently
or in any sequence to the loss.
a. Governmental Action
Seizure or destruction of property by order of any governmental authority. But
we will pay for acts of destruction ordered by governmental authority and taken
at the time of a fire to prevent its spread, if that fire would be covered under
this Coverage Form.
b. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused.
40471
Rev. 11-2002
Includes copyrighled mater_ of InalJrance Services Office, Inc.. with ita permission.
COl>'1nghL Il\IU'ance S.",icaa 0lIica. Inc 1995
Page 6 of 18
But if nuclear reaction or radiation, or radioactive contamination, results in fire,
we will pay for the loss caused by that fire.
c. War and Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action hindering or
defending against an actual or expected attack by any government,
sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power or action taken by
government authority in hindering or defending against any of these.
d. Earth Movement
(1) Any earth movement (other than sinkhole collapse), such as an
earthquake, landslide, mine subsidence or earth sinking, rising or
shifting. But if earth movement results in fire or explosion, we will pay
for the loss caused by that fire or explosion.
(2) Volcanic Action
Volcanic eruption, explosion or effusion. But if volcanic eruption,
explosion or effusion results in fire, building glass breakage or Volcanic
Action, we will pay for the loss caused by that fire, building glass
breakage or Volcanic Action.
Volcanic Action means direct loss resulting from the eruption of a
volcano when the loss is caused by:
(a) Airbome volcanic blast or airborne shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
All volcanic eruptions that occur within any 168 hour period will
constitute a single occurrence.
Volcanic Action does not include the cost to remove ash, dust or
particulate matter that does not cause direct physical loss to the
described property.
This exclusion does not apply to Covered Property while in transit.
e. Water
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(1) Flood, surface water, waves, tides, tidal waves, overflow of any body of
water or their spray, all whether driven by wind or not;
(2) The interior of any building or structure caused by or resulting from rain,
snow, sleet, ice, sand or dust, whether driven by wind or not, unless:
(a) The building or structure first sustains damage by a Covered
Cause of Loss to its roof or walls through which the rain, snow,
sleet, ice, sand or dust enters; or
(b) The loss is caused by or results from thawing of snow, sleet or
ice on the building or structure.
(3) Mudslide or mudflow;
(4) Water that backs up or overflows from a sewer, drain or sump, except
as provided in the Additional Coverages section in this Coverage Form;
(5) Water under the ground surface pressing on, or flowing or seeping
through:
(a) Foundations, walls, floors or paved surfaces;
(b) Basements, whether paved or not; or
(c) Doors, windows or other openings.
But if water, as described in e.(1) through e.(5) above, results in fire, explosion
or sprinkler leakage, we will pay for the loss caused by that fire, explosion or
sprinkler leakage.
2. We will not pay for a loss caused by or resulting from any of the following:
a. Delay, loss of use, or loss of market. This does not include profit if reported in
compliance with the Reporting Provision section of this Coverage Form;
b. Dishonest or criminal act by you, any of your partners, employees or leased
employees, directors, trustees, authorized representatives or anyone to whom
you entrust the property for any purpose.
This exclusion applies:
(1) while acting alone or in collusion with others; or
(2) whether or not occurring during the hours of employment.
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This exclusion does not apply to acts of destruction by your employees or
leased employees; but theft by employees or leased employees is not covered.
This exclusion does not apply to Covered Property while it is entrusted to
others who are carriers for hire.
c. Unexplained or mysterious disappearance except for property in custody of a
carrier for hire.
d. Shortage of property found on taking inventory.
e. Penalties for noncompliance with contract conditions.
f. Collapse, except as provided in the Additional Coverage section in this
Coverage Form.
g. (1) Wear and tear;
(2) Any quality in the property itself that causes it to damage or destroy
itself; or that causes gradual deterioration;
(3) Insects, vermin, rodents;
(4) Corrosion, rust, fungus, mold, mildew, rot;
(5) Dampness, changes in or extremes of temperatures, freezing;
However, we will cover freezing loss to property in the building reported
to us, if you have shut off the water supply and drained the plumbing
systems and appliances or made a reasonable effort to maintain heat in
the building.
(6) Settling, cracking, shrinking, or expansion to any Covered Property.
h. Rain, snow, sleet, sand, dust if Covered Property is in the open. This does not
apply to Covered Property in the custody of a carrier for hire.
i. Artificially generated electrical current; mechanical breakdown; rupturing or
bursting caused by centrifugal force.
3. We will not pay for a loss caused by or resulting from any of the following. But if loss
by a Covered Cause of Loss results, we will pay for the resulting loss caused by
that Covered Cause of Loss.
a. Weather conditions which contribute in any way to a cause or event excluded
in paragraph 1. above to produce the loss.
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b. Acts or decisions, including the failure to act or decide, of any person, group,
or organization representing a governmental, regulatory or controlling body.
c. Faulty, inadequate or defective:
(1) Planning, zoning, development, surveying, siting;
(2) Design, specifications, workmanship, repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction, renovation or remodeling; or
(4) Maintenance;
of all or part of any Covered Property wherever located.
d. The discharge, dispersal, seepage, migration, release or escape of pollutants,
except as provided under Additional Coverages.
C. LIMITS OF INSURANCE
The most we will pay for loss to anyone building or structure is the lesser of the Limit of
Insurance shown in the Declarations for that one building or structure or the total estimated
completed value that was reported to us for that one building or structure. The most we will
pay for loss in anyone occurrence is the limit shown in the Inland Marine Declarations for all
Covered Property at all locations.
D. DEDUCTIBLE
We will not pay for loss in anyone occurrence until the amount of covered loss exceeds the
Deductible shown in the Declarations. We will then pay the amount of covered loss which
exceeds the Deductible, up to the applicable Limit of Insurance.
E. ADDITIONAL CONDITIONS
The following conditions apply in addition to the Commercial Inland Marine Conditions and
the Common Policy Conditions:
1. COVERAGE TERRITORY
The coverage territory is United States of America (including its territories and
possessions) and Canada
2. WHERE COVERAGE APPLIES
This coverage applies to Covered Property while within the Coverage Territory while:
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a. At any construction site you have reported;
b. Temporarily at other premises, if the property has been designated to be
installed at a location you have reported to us; or
c. In transit except imports or exports while ocean marine coverage applies.
3. WHEN COVERAGE BEGINS AND ENDS
We will cover risk of loss from the time when you are legally responsible for the
Covered Property on or after the effective date of this policy if all other conditions are
met. Coverage will end at the earliest of the following:
a. Once your interest in the Covered Property ceases;
b. Ninety days after initial occupancy of the Covered Property unless:
(1) that building is being used as a Model Home;
(2) that building is being remodeled and is a single family dwelling; or
(3) that building is being used as a Model Home Leaseback.
c. When the Covered Property is leased to or rented to others
(1) for a single family dwelling, when the building is leased or rented to
others;
(2) for a multiple family dwelling, when 50% or more of the units in the
structure are leased to or rented to others; or
(3) for a commercial structure, when 75% or more of the square footage
space is leased to or rented to others);
This does not apply to pre-leases established prior to construction.
d. When you abandon the reported location with no intention to complete it;
e. At the end of 12 months from the month when you first reported the location to
us unless you report the location again and pay an additional premium. If the
location is reported again and the additional premium is paid, coverage will end
at the end of 12 months from the month when you re-reported the location to
us as described in the reporting provision below. You have the option to report
the same location a third time at the end of the second 12 month period,
provided the required additional premium is paid. Coverage for this third 12
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month term will end at the end of 12 months from the month you re-reported
the location for a third term;
Coverage for Existing Buildings or Structures that are being or have been
remodeled:
At the end of 12 months from the month when you first reported the
location to us unless you report the location again and pay an additional
premium. If the location is reported again and the additional premium is
paid, coverage will end at the end of 12 months from the month when you
re-reported the location to us as described in the reporting provision
below. There is no option to report a third year.
f. When permanent property insurance applies; or
g. Once the Covered Property is accepted by the owner or buyer.
4. REPORTING PROVISIONS
a. Each month you must report to us the total estimated completed values of all
Covered Property for each location started during the previous month. This
report must be made on the form we provide.
For the purpose of these reports, a location is started when you first put any
building materials (including the foundation) on the construction site.
If your policy is endorsed to provide coverage for existing structures that you
are renovating and/or adding onto and for which you seek coverage, a location
is started on the earlier of the following:
(1) when you first put any building materials (which includes any new,
altered or expanded foundation) on the site; or
(2) when you acquire title to the existing structure.
b. You must pay premiums based on the total estimated completed value of the
Covered Property using the rate we furnish. You must send your premium
payment with the report for the reported locations to be covered. We must
receive your report and the accompanying premium payments at the
address designated in our form by the last business day of the month in
which the report is due, or the report is late.
c. If a report is received late, coverage begins on the day the report is
received, and there is no coverage for any loss that occurred before that
report was received. Our acceptance of a report of values and premium
payment does not waive or change any part of this policy nor stop us from
asserting any right we have under the terms of this policy.
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d. The premium charged is fully earned and no refund is due you when coverage
ends.
e. A dwelling being used as a Model Home must be reported and should be
identified as a Model Home.
f. You will keep accurate construction records regarding property we cover under
this policy. This includes the total estimated completed value of the
Covered Property and a record of all contracts of sale dealing with the Covered
Property.
g. If at the end of 12 months from the time you first reported a start to us, you still
have that location in your inventory, you may report that location to us a
second time. If at the end of the second 12 months from the time you first
reported a start to us and you still have that location in your inventory, you may
report that location to us a third time.
Coverage for Existing Buildings or Structures that are being or have been
remodeled:
If at the end of 12 months from the time you first reported a start to us,
you still have that location in your inventory, you may report that location
to us a second time. There is no option to report a third time (year).
5. MORTGAGE HOLDERS CLAUSE
a. The term mortgage holder includes trustees.
b. We will pay for covered loss to buildings or structures to each mortgage holder
shown on a Certificate of Insurance issued by the current Agent of Record.
c. The mortgage holder has the right to receive loss payment even if the
mortgage holder has started foreclosure or similar action on the building or
structure.
d. If we deny your claim because of your acts or because you have failed to
comply with the terms of this Coverage Part, the mortgage holder will still have
the right to receive loss payment if the mortgage holder:
(1) Pays any premium due under this Coverage Part at our request if you
have failed to do so;
(2) Submits a signed, sworn proof of loss within 60 days after receiving
notice from us of your failure to do so;
(3) Has notified us of any change in ownership, occupancy or substantial
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change in risk known to the mortgage holder.
All of the terms of this Coverage Part will then apply directly to the
mortgage holder.
e. If we pay the mortgage holder for any loss and deny payment to you because
of your acts or because you have failed to comply with the terms of this
Coverage Part:
(1) The mortgage holder's rights under the mortgage will be transferred to
us to the extent of the amount we pay; and
(2) The mortgage holder's rights to recover the full amount of the mortgage
holder's claim will not be impaired.
At our option, we may pay to the mortgage holder the whole principal on the
mortgage plus any accrued interest. In this event, your mortgage and note will
be transferred to us and you will pay your remaining mortgage debt to us.
f. If we cancel this policy, we will endeavor to give written notice to the mortgage
holder at least:
(1) 10 days before the effective date of cancellation if we cancel for your
non-payment of premium; or
(2) 30 days before the effective date of cancellation if we cancel for any
other reason.
g. We will not notify the mortgage holder if:
(1) You cancel this policy, or
(2) Coverage ends for any reason other than if we cancel the policy.
6. VALUATION
General Conditions E. Valuation in the Commercial Inland Marine Conditions is
replaced by the following:
In the event of loss, the value of the property will be determined as of the time of the
loss.
a. The value of the property will not be more than the amount necessary to
replace the structure or repair the structure, whichever is less, to the same
point of completion that had been achieved immediately before the loss.
b. If the loss involves building materials which have not been installed, the value
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of the property will not be more than the amount necessary to replace the
materials with comparable type or quality.
7. WAIVER OF COINSURANCE
If there is a loss to Covered Property and the cost to repair or replace such property is
less than or equal to $25,000 we will adjust the loss without regard to SECTION E.
ADDITIONAL CONDITIONS 8. COINSURANCE
8. COINSURANCE
If the reported value is less than the total estimated completed value, you will bear a
portion of any loss. The amount we will pay is determined by the following steps:
a. Divide the reported value by the total estimated completed value of the
Covered Property;
b. Multiply the total amount of the covered loss before the application of any
deductible by the percentage determined in step "a";
c. Subtract the deductible from the figure determined in step "b".
Example No.1
(This example assumes there is no penalty for underinsurance.)
Deductible
Reported Value
Total Completed Estimated Value
Amount of loss
$1000
$100,000
$100,000
$60,000
A. Reported Value/Total Estimated Completed Value
$100,000/$100,000 = 1.00
B. Amount of Loss x Percentage in A
$60,000 x 1.00 = $60,000
C. Deductible Amount Subtracted from results of B
$60,000 - $1,000 = $59,000
Total Amount of Loss Payable = $59,000
Example No.2
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(This example assumes there is a penalty for underinsurance)
Deductible
Reported Value
Total Estimated Completed Value
Amount of Loss
$1000
$100,000
$120,000
$60,000
A. Reported Value/Total Estimated Completed Value
$100,000/$120,000 = .833
B. Amount of Loss x Percentage in A
$60,000 x .833 = $49,980
C. Deductible Amount Subtracted from results of B
$49,980 - $1,000 = $48,980
Total Amount of Loss Payable = $48,980
9 CANCELLATION
a. The following is added to the Cancellation Condition in the Common Policy
Conditions and applies only to the coverage provided in this Coverage Form:
Cancellation of this policy will not affect the insurance in force on any location
which you have reported to us or on any location which started before the
effective date of the cancellation notice if that location is reported on the report
due and premium payment is made. However, you cannot report any location
currently in your inventory a second time after the effective date of cancellation.
However, coverage may be canceled on any location if notice is given in
writing in accordance with the cancellation provision in the Common Policy
Conditions, or state amendatory endorsements.
b. Common Policy Conditions IL0017 Section A Cancellation Paragraph 5 is
replaced by the following:
5. The premium for this coverage is fully earned and no refund is due
when the policy is canceled.
10. LIBERALIZATION CLAUSE
If we adopt any revision, which would broaden the coverage under this Coverage
Form without additional premium within 60 days prior to or during the policy period,
the broadened coverage will immediately apply to this policy.
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11. INTEREST OF SUBCONTRACTORS, SUB-SUBCONTRACTORS, SUPPLIERS
We cover the interest, which your subcontractors, your sub-subcontractors and your
suppliers have in the Covered Property, but only while such property is situated at
construction sites you have reported to us. This condition does not impair any right of
subrogation we would otherwise have.
12. TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US
If any person or organization to or for whom we make payment under this Coverage
Part has rights to recover damages from another, those rights are transferred to us to
the extent of our payment. That person or organization must do everything necessary
to secure our rights and must do nothing after loss to impair them. But you may waive
your rights against another party in writing:
a. Prior to loss to your Covered Property.
b. After a loss to your Covered Property only if, at time of loss, that
party is one of the following:
1. Someone insured by this insurance;
2. A business firm:
(a) Owned or controlled by you; or
(b) That owns or controls you;
13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your failure to disclose all hazards existing as of the inception date of the policy shall
not affect the coverage afforded by this policy, provided such failure to disclose all
hazards is not intentional and the hazard is reported to us as soon as practicable
after you learn about it.
14. REWARD
At our discretion, we may pay up to $10,000 as a reward for information which leads
to a conviction in connection with a covered loss. The Named Insured and their
employees are not eligible for this reward. Any reward payment we make should not
affect the Limits of Insurance.
F. DEFINITIONS
1. Existing Inventory means buildings or structures where construction was started or
completed prior to the inception date of this policy.
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2. Loss means accidental loss and accidental damage.
3. Model Home Leaseback means a dwelling purchased from the Insured and is then
leased back to the Insured, by the purchaser, to be used by the Insured as a Model
Home until the purchaser occupies the dwelling as a residence.
4. Overhead means those business expenses, other than materials and labor, incurred
either directly or indirectly due to the construction of a dwelling or structure including
soft costs.
5. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant. This
includes, but is not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemical and
waste. Waste includes, but is not limited to, materials to be recycled, reconditioned or
reclaimed.
6. Profit means the difference between the selling price of the land and completed
structure and your cost of the land and the completed structure. If you do not have a
signed contract for the sale of the completed structure and land, the allowance for
profit will not exceed 20%.
7. Total Estimated Completed Value means all costs associated with the building and
designing of the Covered Property including labor, overhead and materials and if
included, profit.
8. Water Damage means accidental discharge or leakage of water or steam as the
direct result of the breaking apart or cracking of any part of a system or appliance
(other than a sump system including its related equipment and parts) containing
water or steam.
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POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Dedarations as applicable to this
endorsement. )
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments
we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or
organization and included in the "products-oompleted operations hazard" This waiver applies only to the person or organization shown
in the Schedule above.
CG 24 04 10 93
Copyright, Insurance Services Qffice, Inc., 1992
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BACK-UP OR OVERFLOW OF SEWERS, DRAINS, OR
SUMPS EXCLUSION
This endorsement modifies insurance provided under the following:
BUILDER'S RISK COVERAGE FORM
Under A. COVERAGE Section 4. ADDITIONAL COVERAGE, Paragraph d. Back-up or
overflow of Sewers, Drains or Sumps is deleted.
HBIS-74 ED. 03-04
WINDSTORM PERCENTAGE DEDUCTIBLE
This form changes the Builder's Risk Coverage Form. Please read it carefully.
Windstorm Deductible Percentage (enter 1% or 2%)
For loss caused by Windstorm SECTION D. DEDUCTIBLE is replaced by the following:
The Windstorm Deductible applies to loss to Covered Property caused directly or
indirectly by Windstorm, regardless of any other cause or event that contributes
concurrently or in any sequence to the loss. If loss from a covered weather condition
other than Windstorm occurs, and that loss would not have occurred but for Windstorm,
such loss shall be considered to be caused by Windstorm and therefore part of the
Windstorm occurrence.
With respect to Covered Property, no other deductible applies to Windstorm.
The Windstorm Deductible applies whenever there is an occurrence of Windstorm.
WINDSTORM DEDUCTIBLE CLAUSE
A. Non Reporting Form
1. In determining the amount, if any, that we will pay for loss, we will deduct an
amount equal to 1% or 2% (as shown above) of the Limit(s) of Insurance
applicable to the property described in the Declarations that has sustained
loss. This Deductible is calculated separately for, and applies separately to
each location described in the Declarations, if the location(s) sustain loss.
2. We will not pay for loss to Covered Property until the amount of loss
exceeds the applicable Deductible. We will then pay the amount of loss in
excess of that Deductible, up to the total estimated completed value of the
Limit of Insurance for that Covered Property.
B. Reporting Form
1. In determining the amount, if any, that we will pay for loss, we will deduct an
amount equal to 1 % or 2% (as shown above) of the total estimated
completed value of the location reported to us that has sustained loss. This
Deductible is calculated separately for, and applies separately to each
location reported to us, if two or more location(s) sustain loss.
HBIS-43
Rev 01-2000
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Copyright. Insurance Services Office. Inc 1995
Page I of 2
2. We will not pay for loss to Covered Property until the amount of loss
exceeds the applicable Deductible. We will then pay the amount of loss in
excess of that Deductible, up to the total estimated completed value
reported to us for that Covered Property.
HBIS-43
Rev 01-2000
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Copyright, Insurance Services Office, Inc 1995
Page 2 of 2
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
01/31/05
~FtoDUCE'R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
USllnsurance of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Commercial Lines HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
90 Almeria Avenue
Coral Gables, FL 33134 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Scottsdale Insurance Company
Tropex Construction Services INSURER B: Progressive American Insurance Compa
14342 SW 98 Terrace INSURER C: National Union Fire Insurance Co.
Miami, FL 33186 INSURER 0: Bridgefield Employers Insurance Comp
I INSURER E:
Client#. 106359
TROPECON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER Pgk!fEY'~~5%J.X~ P%~fl,F;f:J~~N LIMITS
LTR
A GENERAL LIABILITY BINOER467331 11/10/04 11/10/05 EACH OCCURRENCE $1 000.000
- FIRE DAMAGE (Anyone fire) I $100,000
X COM M ERCIAL GENERAL L1AB ILllY
l CLAIMS ~1P.DE W OCCUR MED EXP (Anyone person) $5 000
X BI/PO Oed:1,000 PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
n'L AGGRE~ LIMIT APAS PER: PRODUCTS - COMP/OP AGG $2 000 000
POLICY X P,!}P-r LOC
B ~TOMOBILE LIABILITY 023767841 11/14/04 11/14/05 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $1,000,000
-
- ALL OWNED AUTOS BODILY INJURY
$
~ SCHEDULED AUTOS (Per person)
~ HIRED AUTOS AP:mY~O: 1."NA(~EN1' BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
BY- ..... '~~ '0HJ .
- r if .-QS .~_ PROPERTY DAMAGE $
nhTi:: '-. (Per accident)
N! A.._'f. ~
~RAGE LIABILITY _YES.__ AUTO ONLY - EA ACCIDENT $
WAIVf-R
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C EXCESS LIABILITY E0805615 11/14/04 11/14/05 EACH OCCURRENCE $1.000.000
U OCCUR D CLAIMS MADE AGGREGATE $1.000 000
$
~ DEDUCTIBLE $
X RETENTION $10000 $
0 WORKERS COMPENSATION AND 083030715 12/10/04 12/10/05 X 1->>',~~Tf;.T,~;, I IOJ~-
EMPLOYERS' LIABILITY $500,000
E.L. EACH ACCIDENT
E.L. DISEASE. EA EMPL OYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder is additional insured with respects to Commercial General Liability
and effective 1/31/05 Commercial Auto Liability.
CERTIFICATE HOLDER I I ADDmONAlINSURED'INSURERLETTER: CANCELLATION
SHOULD ANYOFTH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monoroe County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10.....- DAYSWRmEN
Commisioners, NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUTFAlLURE TODOSOSHAlL
its employees and officials 1M POSE NO OBLIGATION OR LIABILITY/KIND UPON TH E INSURER,ITS AGENTS OR
1100 Simonton St. REPRESI;tLTATIVElI. -----=>
Key West, FL 33040 c::::::: ~ ESENT
I ~. ~~-----7
ACORD 25-S (7/97)1 of2 #S314148/M299357 ~~ ~ n IW&::V @ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies listed thereon.
MONROE COUNTY
CONSlRUcnON MANAGEMENT
FER O:j 1n05
lWE:
RtCElV!O BY: -
ACORD 25-5 (7/97)2 of 2 #8314148 1M2 99357