05/19/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 1, 2006
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Hanc~
Deputy Clerk 0
FROM:
At the May 19, 2004, Board of County Commissioner's meeting the Board granted
approval to award bid and authorized execution of a Contract between Monroe County and
Fonticiella Construction Corporation for the Medical Examiner's Facility.
At the July 20, 2005, Board meeting the Board granted approval and authorized execution
of Change Order NO.1 between Monroe County and Fonticiella Construction Corporation for the
Medical Examiner's Facility on Crawl Key, and transfer of additional funds.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File -/
\Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
wf-..
AGREEMENT ,.., . ~ s / ,q lOt{ (j)
~ ~?~"'f6,,' ~
made as of theJ-9tl1 day of).4sY 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)
Fonticiella Construction Corp.
11400 W Flagler Street Ste 206
Miami, FL 33174
For the following Project: Medical Examiner's Facility
(Include detailed description of project, Crawl Key
location, address and scope)
SCOPE: Construction of a new facility to house the Medical Examiner. The Work is a one story, eMU structure,
elevated to elevation of 9.00 NGVD, and pile cap supported. The building is approximately 9,500 square feet and
includes related site work, a wood truss roof structure and a 2 inch standing seam metal roof.
The Construction Manager is:
(Name and address)
Stephanie Coffer
Monroe County Construction Management
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Architect is:
Harvard Jolly Clees Tappe Architects. P.A,
3201 W. Commercial Blvd. Suite 225
Ft. Lauderdale, FL 33309
The Owner and Contractor agree as set forth below.
~il
5/7/2004
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.)
409 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time)
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of tWQ.rniliion nine hundred sixty-tbree thous_ang Do!lars/1 00 ($2,963,000,00) subject to additions
and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent
to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until Which that
amounUHa/id.) ~
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
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
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 follow;ng c;rcumstances; ~
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-3
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 8.S the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such
reduction or limitations)
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the
Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project
is located.
(Insert rate of interest agreed upon, if any)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at
the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.
Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or
waivers.)
7 .3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.)
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
7.6 ~:::~:~:g ~t::sf::: ::~;:t:s3:o:t::::S from the date of be;ng placed on the conv;cted vendor I;SJ
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
a) Contractor sriall 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 shail t''iave 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. 5::;03,
FS, running from the date the monies were paid to ContractoL
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shail be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts rnade and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enTcrcernert
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.
The County and Contractor agree that, in the event of confiicting interpretations of the lerrns or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding,
c) Severability. If any term, covenant, condition or provision of this Agreement 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 AgreerrlenL shall not be
affected thereby: and ead'l remaining term, covenant, condition and provision of this Agreement shaH be valid and
shall be enforceable to the ful!est extent permitted by law unless the enforcement of the remaininq terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any strickEn provision witn
a valid provision that comes as close as possible to the intent of the stricken provision.
d) A.ttorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or adiTlinistrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitied to reasonable attorneys 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'ofpocket expenses in appellate proceedings r,,1ediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Fic:;;ida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe
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, cle!ivery and
performance of this Agreement have been duly authorized by all necessary County' and corporate action, as
required by !a\N.
g) C!a!rns for Federal or State Aid. Contractor and County agree that ead) she!!
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
provided that all applications, requests, grant proposals, and funding solicitations shan be approved
prior to submission.
and is,
A~jr'eement;
each party
h) Adjudication of Disputes or Disagreements. County and Contractor agree that disputes and
disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of
the parties. if no resolution can be agreed upon within 30 days after the first meet and confer session. the issue or
issues shaH be discussed at a public meeting of the Board of County Commissioners. If the issue cr !",sues are
stili not resolved to the satisfaction of the parties, theil any party shall have the right to seek such rel:ef or remedy
as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is instituted against either part'!
relating to the formation, execution, performance, or breach of this Agreement, County and Contractur agree to
participate, to the extent required by the other party. in all proceedings, hearings, processes, Dnd other
activities related to the substance of this Agreement or provision of the services under this county~
and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to thiS Agreement
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competem Jurisdiction that
discrimination has occurred, this Agreement automaticaiiy terminates without any further aCTion on !i-Ie part of any
party, effective the date of the court order. County or Contractor agree to comply with ail 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 of race. color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 8s.1681..1683, and
1685-1686). which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act 01 1973. as
amended (20 USC s. 794) which prohibits discrimination on the basis of handicaps: 4) The Age Di3crimination 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 aicohoiisnl' 7)
The Public Health Service Act of 1912, SS. 523 and 527 (42 USC 55. 690dd.3 and 290ee-3), as amended, reiatinq
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 USC s, et
seq.) as amended. relaTing to nondiscrimination in the sale, rental or financing of housing; 9) The Am8'lcans vvith
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.
k) 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 petiorrnance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize and will bF)
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; business with
one's agency unauthorized compensation; misuse at public position, conflicting employment or contractual
relationship: and disclosure or use of certain information,
m) [\lo 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 soieiyfor 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 .A.greement
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.
n) Public Access. The County and Contractor shail allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its cor',trol subject to the
provisions ot 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 unilateraHy cancel this Agreement upon Violation of this
proviSion by Contractor.
0) 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 cmnmercial iiability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage sha'! 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.
p) Privileges and Immunities. All of the privileges and immunities from iiabilitv. exen'1 from
laws, ordinances, and rules and pensions and relief. disability workers' compensation, and other benefits wflich
apply to the activity of officers agems, or employees of any public agents or employees ot [fie County, when
performing their respective functions under this Agreement within the territorial limits of the County shail apply to
the same degree and extent to the performance of such functions and duties of suCh oHicers. agents, volunteers.
or empioyees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutorv Duties. This ~
Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsi~ilitY,imposed upo,n the entity by law except to the ~xtent of actual and tim,ely performance thereof by~ny ~
part!Clpatlng entity, In whicn case the performance may be offered in satisfaction 01 tne obligation or responSlbilitv.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegmion of tr{e
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6
constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
r) {.,jon-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 t~lIrd-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 authonty to inform, counsei, or othervvise
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.
s) 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 Workpiace Statement.
t) No Personal Liability, No covenant or agreement contained herein shall be deernee to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his Of 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 of this Agreement
u) Execution in Counterparts, This Agreement may be executed in any number of counterparts,
each of which shaH be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such counterpart
v) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of trlis Agreement and
wiil 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
February 2004. and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Section
Title
~
Pages ~
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 7
As listed in Table of Contents, Section 00001 ot the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Tab!e of Contents.: Section 00001 of the Project Manual for this project.
9.1.6 The Addenda, if any, are as follows:
Number
Date
Pages
1
2
3/29/2004
4/5/2004
19
4Last printed
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding
requirements such as advertisement or invitation to bid. Instructions to Bidders. sample forms and the Contractor's bid are not part of the
contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
~~
5/3/2004
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-8
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
;,,,,~;,:,,,,,;;\' '23
."i~~'4~~_, \
'tSEA[)
\ \,Att~st: DANNY L. KOLHAGE, Clerk
By:G. .~
""
Deputy Clerk
" Date 017 11,2.00 i
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By (Jb
Mayor/chai!a\
{$~L}.
, J~nest; .
... ....(."
By:
By:
Title:
Title:
~f$;de/?r
END OF SECTION 00500
N <C
C1 N Lt.,J
0:: <:J -l
C) Q'\ ~",,-f' lJ...
(,,) :~t;:
w x
c:: cc ~c..~~ 0:: 5
(Y- . (..J 0
0 I ...J .<...)
U-. ~
0 tx:) >- -' lI.J
LLJ :z: 0
w a- ZUn::
-' ~ <t :z
..... c:::>> 0 C>
c:::>> ~
C"ooI
5/3/2004
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
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-1
J
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.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-2
JI
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,
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-3
~v
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;
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-4
~
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for the Construction Manager's and Architect's and their
respective consultants' additional services and expenses made necessary by such default,
neglect or failure. Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect, after consultation with the Construction Manager. If
payments then or thereafter due the Contractor are not sufficient to cover such amounts, the
Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has
right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of
a serious nature, as determined by the Construction Manager, notice will be given, and
contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by the Construction Manager, and that
are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to the Construction Manager and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to the Construction Manager and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-5
j
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.
)
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-6
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.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
1K
00750- 7
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.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-8
~
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
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-9
I
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
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-10
~
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 lawfu!ly
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
5/3/20047;02 PM General Condifions of fhe Contract for Construct;on 00750-11 ~'I
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.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-12
~
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying the Construction Manager. Subject to review by the Architect,
the Construction Manager will have the authority to reject Work which does not conform to the
Contract Documents. Whenever the Construction Manager considers it necessary or advisable
for implementation of the intent of the Contract Documents, the Construction Manager will have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's
authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect or the Construction Manager to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to the Construction Manager those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Architect will forward to the Construction Manager a final Project Application
and Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-13
if
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Construction Manager,
Owner or Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the
Construction Manager or Architect, shall be referred initially to the Architect for action as
provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4,
shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1)
whether such matters relate to execution and progress of the Work or (2) the extent to which
the Work has been completed. The decision by the Architect in response to a Claim shall not
be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits,
(3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days
after the Claim is made, (4) 45 days have passed after the Claim has been referred to the
Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-14
J
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for,
performance of any part of the Work, will recommend and equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in
the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in
writing, stating the reasons. Claims by either party in opposition to such determination must be
made within 21 days after the Architect has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) Not
Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure
of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure
established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given.
4. 7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable,
written notice of such injury or damage, whether or not insured, shall be given to the other party
within a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-15
~~
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.
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 ttiroughout 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
52.1 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
5/3/2004
General Conditions of the Contract for construction
00750-16
~
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.
5/3/2004 7:02 PM
General Conditions of the Contract for Const(uction
00750-17
~
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 {J<
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-18
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 \/ J
upon all of the following: I\K
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-19 \N
.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%);
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-20
~
.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not
perform the Work, the maximum mark-up for managing this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only.
If the Contractor performs part of the actual Work, his percentage mark-up for overhead and
profit shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an
itemized breakdown of the quantities and prices used in computing the value of any change that
might be ordered. Any additional supporting documentation requested by the Construction
Manager such as certified quotations or invoices shall be provided by the Contractor to the
Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager,
by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the
Construction Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to the Construction Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carryon the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or
claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-21
)(
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Construction Manager, or by any other cause which the Construction
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as the Construction Manager may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shail 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.
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-22
~
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
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-23
~
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 V
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-24 ~~\
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
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-25
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
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-26
1
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 ~\.
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-27
application by the Contractor and certification by the Construction Manager and Architect, and
without terminating the Contract, make payment of the balance due for that portion of the Work
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bond have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect through the Construction Manger prior to certification of such payment. Such
payment shall be made under terms and conditions governing final payment, except that it shall
not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect or Construction Manager that the subcontractors and materialmen have been paid is
for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's
Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts
with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to the Construction Manager for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Construction Manager and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner
and Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent
any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the
same manner described in Subparagraph 10.1.2.
5/3/2004 7:02 PM
General Conditions of the Contract for Construction
00750-28
~
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
~
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-29
superintendent unless otherwise designated by the Contractor in writing to the Owner,
Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at their own expense, insurance as
specified in the attached schedules, which are made part of this Agreement. The Contractor
will ensure that the insurance obtained wili 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 U
is given to the County by the insurer. ~
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-30
11 .1 .7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11 .2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain
Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm,
Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods,
However, the only items required from the previous list, are defined in Section 00400, Insurance
Requirements and Coverages. The policy limits shall be no less than the amount of the finished
project and coverage shall be provided on a completed value basis. The completed value is
defined as all material, labor, supplies, and equipment intended to be incorporated in and to
become a permanent part of the completed facility. The facility as defined for this paragraph
includes structures as defined in the contract drawings and specifications. Property located on
the construction premises, which is intended to become a permanent part of the building, shall
be included as property covered. The policy shall be endorsed permitting the County to occupy
the building prior to completion without effecting the coverage.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner in this section as a guarantee for the faithful performance of the
Contract (including guarantee and maintenance provisions) and the payment of all obligations
arising thereunder. The Public Construction Bond shall be in an amount at least equal to the
contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes,
which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if
required in writing by either, be uncovered for their observation and be replaced at the
Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect
has not specifically requested to observe prior to its being covered, the Construction Manager
or Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-31
~
shall, by appropriate Change Order, be charged to the Owner, if such Work is not in
accordance with the Contract Documents, the Contractor shall pay such costs unless the
condition was caused by the Owner or one of the other Contractors in which event the Owner
shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or
Architect or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for the Construction Manager's and
Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reasonable time fixed by written notice
from the Architect issued through the Construction Manager, the Owner may remove it and
store the salvable materials or equipment at the Contractor's expense, if the Contractor does
not pay costs of such removal and storage within ten days after written notice, the Owner may
upon ten additional days' written notice sell such materials and equipment at auction or at
private sale and shall account for the proceeds thereof, after deducting costs and damages that
should have been borne by the Contractor, including compensation for the Construction
Manager's and Architect's services and expenses made necessary thereby, if such proceeds of
sale do not cover costs which the Contractor should have borne, the Contract Sum shall be
reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient
to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph
12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may ~
be sought to be enforced, nor to the time within which proceedings may be commenced to
5/3/2004 7:02 PM General Conditions of the Contract for Construction 00750-32
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Construction Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shali be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and
signed by an authorized representative of the Contractor. The correspondence shall be
directed to:
Stephanie Coffer
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
13.4 Rights and Remedies
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-33
~
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the
Construction Manager and Architect timely notice of when and where tests and inspections are
to be made so the Construction Manager and Architect may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become requirements
until after bids are received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, the Construction Manager and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to the Construction Manager and Architect of when and where tests and
inspections are to be made so the Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals
required by the Contract Documents, the Construction Manager or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-34
~
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with
Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material
unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-35
~
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
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
5/3/20047:02 PM
General Conditions of the Contract for Construction
00750-36
~
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own
expense, insurance as specified at Section 00110. The Contractor will ensure
that the insurance obtained will extend protection to all Sub-Contractors engaged
by the Contractor. As an alternative the Contractor may require all
Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays
in the commencement of work, resulting from the failure of the Contractor to
provide satisfactory evidence of the required insurance, shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except
for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in any attached schedules. Failure to
comply with this provision may result in the immediate suspension of all work
until the required insurance has been reinstated or replaced. Delays in the
completion of work resulting from the failure of the Contractor to maintain the
required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had
~ot been suspended, except for the Contractor's failure to maintain the required
msurance.
The Contractor shall provide, to the County, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
INSURA.NCE REQUIREMENTS
}
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
END SECTION
INSURANCE REQUIREMENTS
~
~ _..~ ~...'" ,- '
Worker's Compensation
Statutory Limits
General Liability, including:
Premises Operation
Blanket Contractural
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
$5,000,000 Combined Single Limit
Including GLXCU - (endorsement)
Vehicle Liability (Owned; Non-owned; and Hired Vehicles) $500,000 per person
$1,000,000 per Occurrence
$100,000 Property Damage
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 renumeratin 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.
.~
.....jfcjjifjj~. . :;m!I:II:n~lm.lII:~\m:I::::::iJil:Bn]I;llf:~:I:II'I'i~:_:ii'.::\li::;.;;:;:.)::':.:::':.::':.:.::.::.:: :.;::: :...:.::. .
. .. :................. ...:....:-:.:/..::.:....::..~.:..:.:.:.:.:.::::....:.:...:.::::/.:.-.:.:;.:.:.t' . ":~ ::.:~:;:.:::::./:.;.;::.:::::::::.::.::::..:;::..:.,::::.::.::....:::c..:...;:::::::::::..:.::..::.;.::....:.... :.;::.:::::..,:;~ ::;.;.:::':.;:::;.,:.:;.;.:.::::: :::;:::::::::.::~::':'::: ::;::.;:;:;:.:: :.::;::::::'::..:':'::::. '::::~'.:.:;::.::' ',..,;:,:;'; ::.=r.. ':.:.: :::".::',:: ;.::: ;::;.:,:" . .::
PRODUCER
DATE IMM/DDNY) ..
01/09/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
MARIA L DIAZ
ALLSTATE INS CO:
10733 NW 58 STREET
MIAMI FL, 33178
INSURED
COMPANY
A ALLSTATE INSURANCE COMPANY
FONTICIELLA CONSTRUCTION
11400 W. FLAGLER STREET
MIAMI, FL 33174
COMPANY
B
MONROE C:OO~ITV
... "hb..,;!f""'( i
.1 ":'~1,,~,
#206
COMPANY
C
'IA'" i j ..^'""-
"''''I'll L (.JJVIfI
COMPANY
I 0 r~
...... ...............'...................,.............. : ::::.;.;....;..:.:.;::.:;:::.::;..:.:;:.;.:.:::.:::.:.:;:::;:.:.::...:':.:::.::..:.;....::.;.:.::. ... .......,...........................,........... ....... ..... ............................................................................. .............:::~:.....
:P9.~4.9.~~mrr::::::r~::~:ff'::::m:m:::m: .. :"(((('::,::(:::{:. :'.' ::":"::., .: ~:. ':':::::.;::::'::::.:'::.:::.::::::.:::.:::.:::::::::::.,::::,;:;:;:;:::;:;:;:::::::;::::::::\\)))),,{::::'}"/:ii/'I':::I/:::,::",///:/:/\/:/:\,::~,t.: ........... ::':':::~~:::~:::::~:::::~::.:::::':':'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE IMM/DDNY) DATE IMMIDDNY)
LIMITS
GENERAL LIABILITY
-
GENERAL AGGREGATE
COMMERCIAL GENERAL LIABILITY
....... I CLAIMS MADE D OCCUR
OWNER'S & CONTRACTOR'S PROT
PRODUCTS COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
f----
-
FIRE DAMAGE IAny one fire) $
MED EXP (Anyone personl $
AUTOMOBILE LIABILITY
-
_ ANY AUTO
~ ALL OWNED AUTOS
SCHEDULED AUTOS
COMBINED SINGLE LIMIT
$
1,000,000
f--
X X HIRED AUTOS
f--
II NON.OWNED AUTOS
BODILY INJURY
(Per personl
048600198
03/15/05 03/15/06
BODILY INJURY
(Per accidentl
PROPERTY DAMAGE $
~RAGE LIABILITY
_ ANY AUTO
--
r\I'\'.(.fI' /11" '..1\..'.'" ~i
IJ.~,./t
l.-' ])' L~~.
. ,~) C .c_.....
y .{,
AUTO ONLY EA ACCIDENT $
OTHER THAN AUTO ONLy:i<
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
AGGREGATE $
$
I T~~.(I~Ns I !OlRH- ............. ........ '.'1".1")
EL EACH ACCIDENT $
EL DISEASE POLICY LIMIT $
EL DISEASE EA EMPLOYEE $
EXCESS LIABILITY
~'UMBRELLA FORM
I OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
RINCL
EXCL
COMP/COLL
$ 500 DED
X
DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICLES/SPECIALITEMS
2005 JEEP 1J4HR48N45C651647
2005 JEEP 1J4HS58N85C687299
1998 F150 1FTZF1720WNB43531
.. ........ ,... ....
CEFttifi.tdATE:JjOjj)eR,}::,,::::t::'~',~.......::: ;.:;;:::.:::;:;::;:':'.: ..
CERTIFICATE HOLDER IS ADDITIONAL INSURED
WITH RESPECT TO COMMERCIAL AUTO LIABILITY
:m:::tQjNQ~~A!lqNft:::~::::::::::::~:::::::::~~~:::::::tI::::~:~:::::::::}::::
:....,..
...........................
......................... .
..........................
.,....................... .
.................. ......
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
ITS EMPLOYERS AND OFFICIALS
1100 SIMONTON STREET
KEY WEST, FL 33040
AgQibtii:~~:4j:!:~F i:;::;;'::';:;;;:::::::::::::::::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXp'IRIHION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~;{, DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE
iWi!I!\!I!~;=~&i! 1
COMPANY, ITS AGENTS OR REPRESENTATIVES.
;:~T:rtl::~~AQQ.RPQQ.RijQMIiQN:fij.r
AC..DRD
TM
CERTIFICATE OF LIABILITY INSURANCE
FAX (305)248-8543
I
PROOIJCER (305)247-5121
T.R. Jones & Company
1780 North Krome Avenue
Homestead, FL 33030
INSURED
Fonticiella Construction
11400 W Flagler Street
Suite 206
Miami, FL 33174
Corporation
INSURERS AFFORDING COVERAGE
INSURER A Commerce & Industry
NAIC#
Ins CoRJ=rr- 'Vs:-r-
Fe n. 1:-4-.-_1,..... l'S;;,/ M> fAot ",;:;1
, .. . r. ~T V
"'MIl ~ ) LUUD
I , } )
ft _~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ~iW.sTANDINI
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.
II~: ~?;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
GENERAL LIABILITY
-
INSURER B
INSURER C:
INSURER D'
INSURER E:
COVERAGES
LIMITS
COMMERCIAL GENERAL LIABILITY
J CLAIMS MADE 0 OCCUR
EACH OCCURRENCE
DAMAGE TO RENTED
$
$
$
$
- ----.---------
$
ANY AUTO
\lY: <\J ~~ ~:nGr}c .1
-.... '" ;~ ~--t---
I
,~ .J(oI"la~
. .'''::;''-
. ......._)...-- ,-
\i / c<;
~.". '.~... ...-._--
MED EXP (Anyone person)
PERSONAL & ADV INJURY
- .--.----- --
GENERAL AGGREGATE
I--
I--
GEN'l AGGREGATE LIMIT APPLIES PER:
h POLICY n j~T n lOC
AUTOMOBILE LIABILITY
-
PRODUCTS - COMP/OP AGG $
A
GARAGE LIABILITY
R ANY AUTO
EXCESSIUMBRELLA LIABILITY
:J OCCUR 0 CLAIMS MADE
I DEDUCTIBLE
-, RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECiAL PROViSiONS belOW
OTHER
! (
COMBINED SINGLE LIMIT $
(Ea accident)
BODilY INJURY $
(Per person)
BODilY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
AUTO ONLY, EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
-
All OWNED AUTOS
-
SCHEDULED AUTOS
-
HIRED AUTOS
-
NON-OWNED AUTOS
-
--~~--t~n~
---'6....
JI\IV/;\
-
. "" :..: ,
! .J i' ..,.: /'" "'
WC893-62-79 01/25/2006
01/25/2007
x I WC STATU- I IOJ~-
E.L EACH ACCIDENT $
E.L DISEASE - EA EMPLOYEE $
E.L DISEASE - POLICY LIMIT $
500,000
500,000
500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Ref: Project - Medical Examiners Facility, Crawl Key, Monroe County, FL
~ except 10 days for non-payment of premium
Monroe County Board of County Commissioners
its employees and officials
1100 Simonton Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR RE RESENTATIVES.
AUTHORIZED REPRESENTATIVE
Laurie M Lane, A t of Recor
ACORD 25 (2001/08)
-~CDBQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYV)
09/07/2005
\';>>RODUCER (305)247-5121 FAX (305)248-8543 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
T.R. Jones & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1780 North Krome Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Homestead, FL 33030
INSURERS AFFORDING COVERAGE NAIC#
INSURED Fonticiella Construction Corp INSURER A Commerce and Industry Ins Co
11400 W Flagler Street INSURER B
Suite 206 INSURER C
Miami, FL 33174 INSURER D
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC
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 DD'l TYPE OF INSURANCE POLICY NUMBER PR,.L~~Y EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
- DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f--- (Ea accident) $
ANY AUTO
I--
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS 'W ,- - E~l~ '~.7L
- , ,
, ~'" PROPERTY DAMAGE $
, ,-.- (Per accident)
,... .,"" _.
GARAGE LIABILITY \ .. , 1 -( ~...!.:~ AUTO ONLY - EA ACCIDENT $
R ANY AUTO "---. ,
~."' OTHER THAN EA ACC $
t,,{ N/A_ AUTO ONLY AGG $
--~~
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
=:J OCCUR o CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC693-14-89 01/25/2005 01/25/2006 X I WC STATU- I 1OJ~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 500,000
A ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500,OO(]
If yes, describe under E.L DISEASE - POLICY LIMIT $ 500,OO(]
SPECIAL PROVISIONS below
OTHER
~~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ef: Project - Medical Examiners Facility, Crawl Key, Monroe County, Fl
MONROE COUNlY
except 10 days for non-payment~8RdN~GEMENT
IE
IBEIV!D BY:
Monroe County Board of County Commis
500 Whitehead Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08)
Laurie Lane/ML
~~ ),.~, Atu.
@ACORD CORPORATION 1988
PRODUCER
T R JONES & COMPANY
1780 North Krome Avenue
P.O. Box 1505
Homestead, FL 33030
DATE (MM/DDIYY)
1/27/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A SCOTTSDALE INSURANCE COMPANY
INSURED
Fonticiella Construction Corp.
11400 W Flagler Street
Suite 206
Miami, FL 33174
COMPANY
B SCOTTSDALE INSURANCE COMPANY
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYV) DATE (MM/DDIYY)
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
OWNER'S & CONTRACTOR'S PROT
1/21/2007
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
CLS1227759
1/21/2006
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
COMBINED SINGLE LIMIT
;PPrf1I! t)
t.)(._......._........__
--}~3 ~lp_u__
\j'A \.I '{es
! __~..... L,,_._ ,
BODILY INJURY
(Per person)
r- HIRED AUTOS
O/\T(: .w'w_
BODILY INJURY
(Per accident)
NON-OWNED AUTOS
Wi\IVEF{
PROPERTY DAMAGE
Gf.RAGE LIABILITY
"
J ANY AUTO
I
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
AGGREGATE $
$
EXCESS LIABILITY
B UMBRELLA FORM
X OTHER THAN UMBRELLA FORM
WORI(ERS COMPENSATION AND
EMPLOYERS' LIABILITY
XLS0032610
1/21/2006
1/21/2001
DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECTS TO COMMERCIAL GENERAL LIABILITY
Project - Medical Examiners Facility, Crawl Key, Monroe County, FL
OTH-
ER
$
2,000,000,00
2,000,000.00
1,000,000.00
1,000,000.00
100,000.00
5,000.00
EXCLUDED
$
EXCLUDED
$
EXCLUDED
$
EXCLUDED
EXCLUDED
EXCLUDED
EXCLUDED
4,000,000.00
4,000,000.00
EXCLUDED
THE PROPRIETOR!
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
INCL
EXCL
$ EXCLUDED
EL DISEASE - POLICY LIMIT $ EXCLUDED
$ EXCLUDED
ERTIFIED COPY
.EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM
1/27/0
RECEIVED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS
AUTHORIZED REPRESENTATIVE
Monroe County Board of
County Commissioners
1100 Simonton Street
Key West, FL 33040-
JAN 3 0 2006
I'olicy Information
MONROE COUNTY
CONSIRUC110N MWGEMf,ffli[
Page 1 of 1
;DEC
~JI~~-
Enter a New Quote I Select Anoth
12/21/2005 11::
Citizens Wind POlicy # 1421539 (not issued)
Policy Holder/Mailing Address Agency
FONTICIELLA CONSTRUCTION CORPORTATION T R JONES & COMPANY 0028
HOMESTEAD, FL 33030
(305) 247-5121
Policy Term
/00/0000 To -Requested
Premiums
Base Premium:
Surcharges/Fees:
Total Premium:
$0
$0
$0
Status
In Process
Payment Summary:
Last Payment: $0
Payment Due: n/a
Date Received:
Due Date:
0/00/0000
n/a
Payor:
For:
Covered Items (not issued)
It L t" B "Id" L""t C t t L""t Deductibles P"
em oca Ion UI Ing Iml on en s Iml Hurricane/Other Wind remlum
Payment History
Transaction Posted Amount Due Date
n/a
n/a
n/a
n/a
Mortgagee Information
Mortgagee Name
- none -
Address
Loan Number
Designated Policy Payor
INSURED
PRINT FRIEND
https://jaxblue.citizensfla.com!cgi-binlwebinq.p gm ?appnum= 142153 9&mode=&type= A
12/21/2005
Noy.14,2005 6:17PM
crr-w 01-CR/C (]loa)
Pa!.)C1
CITIZENS PROPERTY INSURANCE CORPORATION
Commerc;olllnd COllllllel'clal.Residentlal Wind Onl,
(~III~_ Wln4 (lnly - ^""lillllti'lll Fall Hum"'. (904) 2R 1.5090
I I Previuusly
Fund
(U1Ic) I I
See IIInnuRlfor gulda to cOlllplete applicaJioll.
(1)
Iv'1 New 0 Endonemenc I I TIde TrallAfer
~) l.iI:e.."", "Inri"" PmdIlCOf N_. MiTiing Addrc881111l1 TcIcphaac NWIIIJu
IlsuriB M. lane. TR Jones __ 0
1 TOO N. Krome Ave.
. HCll!IO$IC~lo:L:xNr.IO- '_"_
r . ~ar UctnK NumbLT (IUIQUIADD) _ ~.'4B017
i (5) MllIl@;IlI<tIl.<.i~ 1'~yll4l (Naila: lIIId Addno...) TIlIIImI U
! MoI~1lU~!Ir..Bcl~r:d~CountyCommisBIoners _'_'_ __.__.
1100 SilllOl1lon SInlet
i KP.Y.~II!iI. "'..33111\0
~nn
Building OWnsr
(9)
c..lllructiua
nI'R^MI!
I.~ASONRY
n SUMI.WINIl
, RBSJSnVB
I I WIND-RBSJSTlVE
(I)
l'uIiey "'nnu R'''I''''IM
o CoIUlJ\C,d~/
o c.~'mlnr.rciill
({csidclllial
(8)
Nil.""" or S,,"ic1
00Nl;
r-I TWO
r TrHREE
LJ._.
(15)
II'.C~llJ'.IYlJ.IiMJlId
/'lo,n.. nf Cnmpl..
TDlaI H ufUllil> ill DI~
(23) UNDERWkITING INPOAMATIUN
lt11~ H.pJ,..........lAtl KUll.llI~~ t
InIlIlu'"""ih:h""...) S ~ tlOO
-~
Atl1lJll Cn<b Val.." lIuildina $ . ",1t~r'E. -':':.:
A",.,.II)!RI, V~I". UII''''''II ! 0
Th, building W. <llIIIlruclOll in (y...) 2005
TI,o '<)'01 fl."" .'... vI' Ill. bulkllnG;' ISIID"", r.u) onn.~" tfO
None
N1A
I Fined ""unnco evri..
I IJIrIf'Wf f'nfic.y NnlUhr.,
I ~luu~ Zw,.
I
j rire Insurance- (:;n;er _"'_
ri1~ ''''Iil~)' NIIUlt,.(., t~
I Duildins Iin,;1 nn I'i.. Pl>licy (if $.t, '1 Of.) ".f}(2/)
I ko"...,)
i Ix th..o Iln..p,i.." rhf'l;r..1 rlqlf10gc 10 the pl'llpcny'!
i i~J Ye'~; ~11l
A~ du:n: l(I!l~e,; wilbb1 Ih~ 100'it 2 yen"?
!..::J Ye. jzJ Nil lI'y.... Inclir.ij!lr on page 1,
Co~ ,-r.V-Vc* \OV\ ~
c,cW\~e \\q\cto.
~ i -fl ·
I.~~ eft
cfo{~1 ~ ~~
I. .
/1.
/\ ,.J
No.9705
p. 6
I I PtevfoU8 or Currenl Pelley No.
(4) AH/icaut'& NIIIJ.und MlIiIins Addtuu
~._n ~ ~
10028 I FONTlClELLA CON~'CORPORATlON_..
11400 W. FIegIer SlreIlt, S~e2118 0 . ....
Mialn~ A. 33174
CITIZENS n .. ._-._... ..-.-
AGENCY (6) payor: I I M......JIl'.
CODE or 0dJ., J'ayor:
NUMBER -- .....- .... ..
(10)
&
SIlIl MANUAL fOJl
OCCIlPAMr.v CODIl.~
(18)
" MorWk: HdrllC'
MndI!l VarINom.
Di__UII,
.1% I /I I J%
S% DO I'lL
10% r II I $10001'181
(24)
Willll.'lIl1nll I'nllKli... IleriQl (ftcJ'1
~INo
o v... (qltlch \:emliclle)
Jrv.... 0 CJu.A
OC'lJllill
I f CIuIC
(26) TOlol Pr~miUin
MI
.--- ----
,
i
I
I
o lomand
l Pnlduacr
(14) DCI!ClS pln
1251
BNIXlR8I!MENI' FORM llllQUllSTED
o err. W 04 21 Wlndltnnn Pracrctlvc n.v;_
[] crr-w 04 7S ACV Lou ScIIklltCIIt
l.tj1;'T.W II l'lhlll""", R'Ii
c; CIT oW II 20 Builder. RIsk
I I err- W 171111 C:ouudcrd"ll:mHln lIn;'
7e;.rr7~~;~Ac;..0\~
$ J~" L/,;J. Q. IAIIaclI CIIL....) I Cffl~".N.~ \J5ti~ y ..
Class AIRI. Uldo
(11) (12) 1s~"""""'llIIby,
AddilinnallnfannmM r ..rt>WNBi r I TENAN'l'
tJNDBR CONSTRUCTION
f2l (13) TL'DIlIt CWIC111s
o ON STILTSlPILIWGS C VI1S ~()
O li&k(a) IllslIClXI by Auocillicw or
]llIIpCrly ownen
C'<m1pIinwilhANllUANCIiCadeIl7-lIn v.. [l NI>
(;>7) Attaeh original photo(s) to reverse (ifmpH.ed)
'1)1'"
T~ILlIhulI~ ~
F",,~
Prlnlelj,l:ly QulckQuole, Inc. vT.21
~--'~ ~
. Ih .-4'
bG/
.tJ11lthan
Territor)o UIdu
IbIe 1""'..
CC.F
34
~R, I 1:i
~Ou.c llrou.k1
~j)Kificll.illl' 0_ fJ Ye. 0 Nil MoMlcHu..,Il)/I
8uiklIAfl*,~I","'" - .. , IN~M,H'~lIk R ....€
1(18) *" . _ I' -r~ C~{~ c-, ~ ~-..r 6'0 ~ ~.~.?> ~
Ip""PHH"YI~:AI'IUN'Mm5(,!5 JoooD ,. ..~~\l1\ ~~J1.t'aw&'(Yr)Y\YO-e ~
I S.-JlIumher ... L.ot-lu.'U~'IIIIl"'A. air" c....ty :rJp r.....
; (19) AMUUN r ()JI CUVlSlL\llI! ."" , ~ (2 ) (22) 0 v., [VI No
! An"'D" "''1'....,.,.j: H",rlli.,c .~ . J Ooa, C()O COMMUKC.'/AI..RI!lIln1lNllA'. COMMP-RCIA/. c()'INSURANCS.COM.Ml!KC/AI.I)NI. v
I 4f- DIIDUCTIBLB OJiUlIC.'TIULti D' '1
I AlJ1lluuI "",..II.1t Cun...... S _.. .. _.. .l1Q lIll% ,I 100%
i (includ..dditicn'."daltl!mi....) Hl1rr- Olhe,WiDd 21 J% I I!IU% 1-r\v""'''-htLoIITabJc
A,Mo'.' "'1,,",,.,1 U,lof>' $ 'C'"~ I ,I 5%
(17)
DIiSCR/JI1'ION OF ()(,:CU'''I'lCV
U~n COmpl.lion,
!
./
..-I
... .../
Citizai!l'.;,JlIlIO-nl..,.,riI*M'
'Illlt'<~"a 1I....".Ii,nddiiiamJ iIIms
,
c..o.q
I
.
.1
1I1..!ilc.ck
o.h"
ONn
o UnknoW1l
~ 3:J ~
Nov,14.2005 6:17PM
No,9705
P, 7
Cithens Property Insurance Corporation (Cltbenll)
Wind Only Application for Coverage
CIT.WOI-CTUC (07/03)
lUre~lv. Uate or CoverOlle is upon aPl,n,..1 ur(~II7.CIII. No IIIIUIIIICC IIClII I,;u ~,. plWll' IQ bi"d c;ovmge or maIlc tH polley ~Il'...\l.,. R.~cI", by 1gentl 01' prcllliu""l. nUl "~eipt by
C1tlllCllJ Ind doc. IIllt make alO pci~ty trr.tllv\!. AppliclUlllDUlt DOl rely C111 11.'JlIUIIII.don of any party othcllblll Ciliootua ill III T.I~_ OJ' lacboovlUo omcCl. R.".lpl.nd a~~cplUcc ot p.lJ'lH:nlll hy
(:IIixa.. "r.n .""licpnl" cllcck it Cor depotil pulJIC1lII!s ""ly...... _I not eelIllIilb a Clllllmll tor /n_~, bClWl:\ln applillat IIId Cillzcla.t.
Oll'tr' or C"yerllge - ThllllppUcaliallll\&Y Ilc n:jtItkd, ......y poJ/~y inucd by CiIiIcu -,. bo CbII:.11tIJ, If,.. "lilt IIWIcer IIIiIfMM ,lall ohIaIu .. nlrl!l' of cO~C Ii'OIn ad auIltnrimd i"lUrcr al
r.. 'PJlI1ImI by lIJe Oftfcc ofIuuraatc ~- eo i_ rfaIr(.) dacribed OJlllU appUcld/nn, I" 1llIclaacDtI... ~t DaooIamtIuII 'QC(I). IIIIUIcnlmd lilY Ci........ JII'JR:, _ybe tItcu 0111 ot
(:itlnlll..... f\!lI"'"", wid! - filIDIan ..lIIorJo..cd iwnav that ngy MlJllOYide idcallcal coma8ll. AddiII",,~, t am IWlIll. ~ or," ~~ JIO~ CI'eIteI. coaeIllliw: pnIIIIImpt/on tlltt '1m aware
otlllilJlOltlllilll.
CUllflftdoa(l) - By my liaHlan:(a) ,..lit.. u""Hcation;
.) AeoNd . I honoby ~IY ~ I l1li a 1icco8c... 1~'Sidonl ~lor/'" Aaent, lIppOillMd by Cil/acot. 'n ,,,,,_ II ""llcy ill INUed and IIteII cIGCCkd Ul' ins...",....l"-a..der rmnill8lcd, 01 ..11IIIIp is mftdt ~1II
In · "1D1lI pltllliwll d~c. I......~, rI!Um. myproporllOllllll...... or~ tDullnllOd\m onlllCh relIIllI pIllmiwu II) (Joc Inaun./.
hJ A.DI It A""liulIl. , I1erQy ccnif}/, 0ll1Jl)' ,",at illll."n;alnn'l1I1d btlief, rhlt ia COlIlIccllGa will,llIis uPl'rQlion fiIr covcngc. uo I'CI/dcnlilll, tUlIl-m~I, ~_rci.l_idcldia/ pn(klM, providing Hurrltau
OI,*, WWcblor,11 01 Hlil ''U'''''lI'' an IVlil.ble in tI1c lIIl/uarlzcd IIll1ll.:1, Dr dial - covmp ia del immcdia....1y pnt'"""llhll appUlllIfoa 1br COYCl'I&lllu C11i>o.L~I. W..1Iot CIDCOIled Ibr """ p'oI)'1111l11lof
p"'1II1llln .nd un Il'Plfcftlion for colWDcmal or ....n'nm...;/lll-"sidelllilll covemgc IIIIlL,niual will. .l'Il'VPriete d0C1llllllll1lll0ll iuoliCIIJill1 Ill, ahllV\l.
c) r.rClbile HOlM AppllCllu Ouly. I l.tn:hy tl!flify lIIal my mobile IIomI: bltCrs I"" n,/nilll1lllllllllbite ILomc l/o-doWII n:'1ull1.~lI.nltl. IS110.R325, Florida Sfalutc). lIB"'" 'n /llIY . S 15.00 rci"',JI.'tLlIIII r.. if II'IY
lIIObile 101111" i. Ibulld lIut ~. Clmrply with lIlc .l.IlulC. M,'!'/'" 1111_ JICIlidtlll1lY bcc:owc crtb.;\lvv ~P''' JKt!/pr.
/Ma!m&.lf,Ql\fi AP;iicAN'I'ISI: . . Vm" wind only ~blle IIomc policy ~~, "" ....1tII on r~tlhd \'a1D1 "'&ls..;'i1~"", 'al'l\I bul. mcaU tllat it yaw 1lI0bile 11111l1li i, deeh-o~t ""ril IIf
IHurlicut. Oil,..,. Willlbu,nll n, "ull, we will paylhc lUll da,la. .1I1111m1 "'own for CIM:raac A Ob ~'" "ecl...d."" Pll'''. If)'OUf wobitc IlOJllC is '."y ""Idltlly dlmlged by a cu.tn:d ~nl, we will pi)'
I UII au ".'lp",llh Vft'"C" bllil up LO lilt limil IIlIlh, D"'ll.rwlion page. The pMlli... wal he haled IlpolJ dlc limil otliaLilily .lInd p~un /1$ lite CUrTCIIl valucor your 1II11";!' hQme.
i
I
I
I
';
,
Eleelilln N"t '1'0 BlIY Separate F'/llld I/I~ura/lee
! _ __ \.. ~Ulred ~t ,'m~~tyr ~ted In Flood ZOne: A or V And the pollcyboldcr' df)e~ n,,' "ave II Dood polIcy.)
J.Itf.N)l}~CJ.I?~l"l(l purchase. or Call1tOl pUl'Ilha.~1,l sqJlratt flOOd insuraUCIllbr Ihe Pll)perly to be ill8urtld hy Citizens
Properly InllUnllloc Corporation (.Citi;"t:II~lI) and .fflnn tile fullowing:
FI.OOO 'N~URANCE IS NOT PROVmED 'J'l ANY POLIClF-S WRl1TEN BY CITIZP'..NS PROPERlY INSURANCE tO~"ORATION. MY
PROPERTY WILL NOT BP.:COVKl(HD.B~CIoTIZli:NS FOR ANV LOSS CAUSED BY OR R~SVL'fING FROM FI.OOD. I UNDERSTAND Fr,OOD ;'
INSURANCE MAY BE PilRCHASII,D SEPARATELY FROM A rluv ATE FLOOD INS(~.~R OR THE NATIONAl. PI.OOn INSURANCF. )>ROORAM i
("N"'IP"), AN ENTITY CREA'I"m BY THE UNITED STA TF.8 FEDERAL GOVP.:RNM.~NT,
IIl'I MAKE A CUlM "'OR WATER DAMAGE AGMNS'!, CJTI~S PROPF.R')'V INSURANCE CORPORATION, AND I IIA VR NO... PURCIIASED
FLOOD INSURANCE A'I' J.lMITS REQUIRED BY CI'I'IZEN8, I WILL IIA VF. 'l'tH~ BURDEN 011' PROVING THE DAMAGE WAS NOT CAUSED BY
flWOD.
I IJNm;HSTANll CITIZENS MA V t"';NY MY APPLICATION "'OR COVERAGE OR CANCt;L MY POLICY IF I DO NO'l' EITIIER SIGN THIS
FORM OR MA'NTAIN A SEPARA-rt: ""JOOD INSURANCE VOI,ICY AT LIMITS REQ1JJH~:1l BY CITIZENS.
TIII~ Offite ur IlIlIlIraon RfAu'IlUfJn .lId CltizeRl Propcrty JIl.,urllnee Corporatlod slmna'Y f,co.mmend tllat ,tTOIJerly ownen In "Special a;-'ood Hazard
Attllll" (al ill'/I'iRed by file NFIP) obllin Qood coverage.
J Jli1ve reau IIRU I I: nd the ill[Onnallnn above. and' elecNO'I'1n 5l.1J11lralcly plln:hase flond l:tlVf,,'I'lIge. I undel'StU1d dl)' eJeclinn shall apply tnlhis rollcy
IInrl 1111 all or i.~ pulioy issued to me by Citi7.et\:;. unless proof or pun:ha.~c nf flood insurance is pRlvici\'d 1 U'ldtm;/.qnd d1at exet:UIKlllllf
1111s 'I'rdil:\' mc ora obliSU"on Villa my IJ\UI1glIgCl: 10 purchase tlood irtNunLncc; /
APR Ii
J:?JRl~ ~_J L~L
:rullVr~t.} -05.
Date
I'IUtm I.ONIIlllllTORV
rOAn.'LOuI. .. .. -;:4~
.. ...~.
I-!.(. I" ..
i / I
.- . . ._.J ..
,....~-l
Any penun who {mUltling '1I1.d whh II,ll!IIt to injure. dejr"IId or dt!l!l!i~e /lny ;nmrer.11Ju II Jldll!lllent af c/o;", or on opp/lCrllion contqilli"/l /J#y IU/le, incamp/e/t!
01'11I;,lcl1li101l in/of",/llio. i.f g"iltp of II fltlonJ of tile tlr"'" degret'.
Prfnlet' 8y QuidlQuotll,/nc. v7.21
~dllll 2 of 2
MOIIJ~OE COU~
WNmll~CI1(i~ r~~[~ili~EMfJU'
If'U::(<"i';-~~;- "'lRl~
~ UCL ri I. ',,;'
A&wl~' --Cl
-.._,.,{J . ""._.
555 College Road East
Princeton, NJ 08543-5241
(800) 305-4954
Policy Number: 87A2IM1000332 -00
Prior Number:
NEW POLICY
Named Insured and Mailing Address
FONTICIELLA CONSTRUCTION CORPORATION
11400 WEST FLAGLER STREET
MIAMI, FL. 33174
Agency Code: 10007
Britt/Paulk Insurance Agency, Inc
Producer 100 Glen Eagles Court
Carrol1ton, Ga. 30117
Phone: 770-834-0015
Business Description
CORPORATION
Type of Business:
370 Audit Period:
POLICY PERIOD
From
01/09/2006
To
01/09/2007
12:01 A.M. Standard Time at the Address of the Named Insured
shown above
COMMON POLICY DECLARATIONS
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 the policy. This policy consists of the following coverage parts for which a premium is
shown. This premium may be subject to adjustment.
COVERAGE PART(S)
Premium
IM-7050(04/04) Builders's Risk - Scheduled Jobsite Form - Broad
27250.00
(,,'/ ;:(":'-h( . :,,~.
'h) ':it' '1'1
, h '
.,'" tl ?(L C,;)..'
t.... (,6 - Ci;.
ij ("'. _.b) _
.J' ..e..);J ~ Ii) "'.j .-
c. {.T. ~"C ';;0
<:s:
\ '",',
Policy Premium
Taxes, Fees and Surcharges
Total Premium I Deposit Premium
27250.00
0.00
27250.00
FORMS and ENDORSEMENTS applicable to all Coverage Parts
ACO-1100 (09/05) CL-0605 (02/03) CL-0610 (12/02) AIM-2001 (09/05) IM-7050 (04/04) AIM-
2003 (09/05) AIM-2004 (09/05) CL-0100 (03/99) IM-1271 Ed 1.0 IM-2019 (04/04) CL-0160
(01/01)
THESE DECLARATIONS TOGETHER WITH THE POLICY AND ANY APPLICABLE FORMS AND ENDORSEMENTS
ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE POLICY.
Countersigned at: Carrollton, Ga.
By:
~
Date:
12/14/2005
The Company has caused this policy to be signed by its President and S~cretary.
~t~
Aot: W~
Secretary
ACO 1100 0905 Copyright, American Alternative Insurance Corporation, 2005
Page 1 of 1
AAIS
CL 0605 02 03
Page 1 of 1
This endorsement changes
the policy
-- PLEASE READ THIS CAREFULLY --
CERTIFIED TERRORISM LOSS DISCLOSURE OF
PREMIUM AND FEDERAL SHARE OF INSURED LOSSES
(The entries required to complete this endorsement will be shown
below, on the "declarations", or on the "schedule of coverages".)
Certified Terrorism Loss
Premium
$ 0.00
(When coverage for "certified terrorism loss" has
been rejected under a policy subject to Standard
Fire Policy statutes, the premium shown for
"certified terrorism loss" applies only to direct
loss or damage by fire to covered property.)
Coverage for "certified terrorism loss", to the extent that such coverage is
provided by this policy or Coverage Part, will be partially reimbursed by the United
States Government, Department of Treasury, under a formula established by the
Terrorism Risk Insurance Act of 2002. Under this formula, the United States pays
90% of the amount of the covered "certified terrorism loss" that exceeds the
statutorily established deductible that "we" retain.
CL 0605 02 03
Copyright, American Association of Insurance Services, Inc., 2003
AAIS
CL 0610 12 02
Page 1 of 1
This endorsement changes
the policy
-. PLEASE READ THIS CAREFULLY --
CERTIFIED ACT OF TERRORISM EXCLUSION
1. The following definition is added.
"Certified act of terrorism" means an 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:
a. to be an act of terrorism;
b. to be a violent act or an act that is
dangerous to human life, property, or
infrastructure;
c. to have resulted in damage:
1) within the United States; or
2) to an air carrier (as defined in section
40102 of title 49, United States
Code); to 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),
regardless of where the loss occurs;
or at the premises of any United
States mission; and
d. to have been committed by an individual
or individuals acting on behalf of any
foreign person or foreign 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.
2. The following exclusion is added.
CERTIFIED ACT OF TERRORISM
EXCLUSION
"We" will not pay for loss or damage caused
directly or indirectly by a "certified act of
terrorism". Such loss or damage is excluded
regardless of any other cause or event that
contributes concurrently or in any sequence
to the loss.
3. The following provisions are added.
a. Neither the "terms" of this endorsement
nor the "terms" of any other terrorism
endorsement attached to this Coverage
Part provide coverage for any loss that
would otherwise be excluded by this
Coverage Part under:
1) exclusions that address war, military
action, or nuclear hazard; or
2) any other exclusion; and
b. the absence of any other terrorism
endorsement does not imply coverage for
any loss that would otherwise be
excluded by this Coverage Part under:
1) exclusions that address war, military
action, or nuclear hazard; or
2) any other exclusion.
CL 06101202
Copyright, American Association of Insurance Services, Inc., 2002
AIM 2001 09 05
Page 1 of 3
SCHEDULE OF COVERAGES
BUILDER'S RISK
BROAD FORM
(The entries required to complete this schedule
will be shown below or on the "schedule of coverages" or Declarations.)
SCHEDULED LOCATIONS
Loc.
No. Location
Limit
1 MM 56.5 US HIGHWAY 1,
MARATHON, FL., 33050, MONROE
2,900,000
Check if applicable:
[ ] Attach Additional Builders' Risk Schedule to schedule more buildings
COVERAGE EXTENSIONS
Additional Debris Removal Expenses
5.000
Emergency Removal
10
Emergency Removal Expenses
10,000
Fraud And Deceit
o
Waterborne Property
o
Limited Fungus Coverage
10,000
SUPPLEMENTAL COVERAGES
Contract Penalty
o
Expediting Expenses
10,000
Fire Department Service Charges
1,000
Personal Property
o
Includes copyrighted material of the American Association of Insurance Services, Inc. with their permission, 2005.
AIM 2001 09 05
Page 2 of 3
SUPPLEMENTAL COVERAGES (cant)
Ordinance Or Law (Undamaged Parts
Of A Building)
Ordinance Or Law (Increased Cost To
Repair And Cost To Demolish/Clear Site)
Pollutant Cleanup And Removal
Sewer Backup Coverage
Storage Locations
Testing
Transit
Trees, Shrubs, And Plants
Earthquake Coverage (check one)
[X] Coverage Not Provided
[ ] Coverage Provided, as described below:
Earthquake Limit -- The most "we" pay
for loss to anyone building or
structure is:
Earthquake Catastrophe Limit -- The most
"we" pay for loss in anyone occurrence is:
Earthquake Aggregate Limit -- The most "we"
pay for all losses in a 12-month period (starting with
the beginning of the present annual policy period), is:
Flood Coverage (check one)
[X] Coverage Not Provided
[ ] Coverage Provided, as described below:
Flood Limit -- The most "we" pay
for loss to anyone building or
structure is:
Flood Catastrophe Limit -- The most
"we" pay for loss in anyone occurrence is:
Flood Aggregate Limit -- The most "we" pay for all
losses in a 12-month period (starting with
Covered
o
10,000
10,000
25,000
10,000
25,000
2,500
o
o
o
o
o
Includes copyrighted material of the American Association of Insurance Services, Inc. with their
permission, 2005.
AIM 2001 09 05
Page 3 of 3
the beginning of the present annual policy period),
is:
o
DEDUCTIBLE
If more than one location is scheduled, the deductible(s) applies separately to
each location.
Deductible Amount (for all covered perils except
those perils with specific deductibles)
5,000
Deductible Amount for the perils of Theft,
Vandalism and Malicious Mischief
5,000
Check if applicable:
Deductible Amount
[ ] Earthquake Coverage
o
or
0.00 % of value *
o Minimum
Deductible
[ ] Flood Coverage
o or
0.00 % of value *
o Minimum
Deductible
[ ] Sewer Backup Coverage
* The deductible amount is determined by applying the percentage indicated on
the schedule to the value of the covered property that is involved in the loss. In
no event shall the amount of the deductible calculated be less than the
applicable Minimum Deductible shown in the schedule.
OPTIONAL COVERAGES AND ENDORSEMENTS
AIM 2001 0905
Includes copyrighted material of the American Association of Insurance Services, Inc. with their
permission, 2005.
AAIS
1M 7050 04 04
Page 1 of 18
BUILDERS' RISK COVERAGE
SCHEDULED JOBSITE FORM
BROAD FORM
AGREEMENT
In return for "your" payment of the required
premium, "we" provide the coverage described
herein subject to all the "terms" of the Builders'
Risk Coverage. This coverage is also subject to
the "schedule of coverages" and additional policy
conditions relating to assignment or transfer of
rights or duties, cancellation, changes or
modifications, inspections, and examination of
books and records.
Endorsements and schedules may also apply.
They are identified on the "schedule of
coverages".
Refer to Definitions for words and phrases that
have special meaning. These words and phrases
are shown in quotation marks or bold type.
DEFINITIONS
1. The words "you" and "your" mean the
persons or organizations named as the
insured on the declarations.
2. The words "we", "us", and "our" mean the
company providing this coverage.
3. "Earth movement" means any movement or
vibration of the earth's surface (other than
"sinkhole collapse") including but not limited
to earthquake; landslide; mudflow; mudslide;
mine subsidence; or sinking, rising, or
shifting of earth.
4. "Flood" means flood, surface water, waves,
tidal water, or the overflow of a body of
water, all whether driven by wind or not. This
includes spray that results from these
whether driven by wind or not.
5. "Fungus" means:
a. a fungus, including but not limited to
mildew and mold;
b. a protist, including but not limited to
algae and slime mold;
c. wet rot and dry rot;
d. a bacterium; or
e. a chemical, matter, or compound
produced or released by a fungus, a
protist, wet rot, dry rot, or a bacterium,
including but not limited to toxins, spores,
fragments, and metabolites such as
microbial volatile organic compounds.
6. "Jobsite" means any location, project, or
work site where "you" are in the process of
constructing, erecting, or fabricating a
building or structure.
7. "Limit" means the amount of coverage that
applies.
8. "Pollutant" means:
a. any solid, liquid, gaseous, thermal, or
radioactive irritant or contaminant,
including acids, alkalis, chemicals,
fumes, smoke, soot, vapor, and waste.
Waste includes materials to be recycled,
reclaimed, or reconditioned, as well as
disposed of; and
b. electrical or magnetic emissions, whether
visible or invisible, and sound emissions.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 70500404
Page 2 of 18
9. "Schedule of coverages" means:
a. all pages labeled schedule of coverages
or schedules that pertain to this
coverage; and
b. declarations or supplemental
declarations that pertain to this coverage.
10. "Sinkhole collapse" means the sudden
settlement or collapse of earth supporting the
covered property into subterranean voids
created by the action of water on a limestone
or similar rock formation. It does not include
the value of the land or the cost of filling
sinkholes.
11. "Specified perils" means aircraft;. civil .
commotion; explosion; falling objects; fire;
hail; leakage from fire extinguishing
equipment; lightning; riot; "sinkhole collapse";
smoke; sonic boom; vandalism; vehicles;
"volcanic action"; water damage; weight of
ice, snow, or sleet; and windstorm.
Falling objects does not include loss to:
a. personal property in the open; or
b. the interior of buildings or structures or to
personal property inside buildings or
structures unless the exterior of the roofs
or walls are first damaged by a falling
object.
Water damage means the sudden or
accidental discharge or leakage of water or
steam as a direct result of breaking or
cracking of a part of the system or appliance
containing the water or steam.
12. "Terms" means all provisions, limitations,
exclusions, conditions, and definitions that
apply.
13. "Volcanic action" means airborne volcanic
blast or airborne shock waves; ash, dust, or
particulate matter; or lava flow.
Volcanic action does not include the cost to
remove ash, dust, or particulate matter that
does not cause direct physical loss to the
covered property.
PROPERTY COVERED
"We" cover the following property unless the
property is excluded or subject to limitations.
Course Of Construction --
1. Coverage -- "We" cover direct physical loss
caused by a covered peril to buildings and
structures while in the course of construction,
erection, or fabrication.
Buildings and structures in the course of
construction is limited to:
a. materials and supplies that will become a
permanent part of the buildings or
structures;
b. foundations, excavations, grading, filling,
attachments, permanent fencing, and
other permanent fixtures;
c. scaffolding, construction forms or
temporary fencing at the described
"jobsite"; and
d. temporary structures at the described
"jobsite".
2. Coverage Limitation -- "We" only cover
buildings and structures in the course of
construction at the "jobsite" described on the
"schedule of coverages".
PROPERTY NOT COVERED
1. Aircraft Or Watercraft -- "We" do not cover
aircraft or watercraft.
2. Contraband -- "We" do not cover contraband
or property in the course of illegal
transportation or trade.
Copyright, American Association of Insurance Services, Inc.. 2004
AAIS
1M 7050 04 04
Page 3 of 18
3. Land -- "We" do not cover land including
land on which covered property is located.
4. Money And Securities -- "We" do not cover
accounts, bills, currency, food stamps, or
other evidences of debt, lottery tickets not
held for sale, money, notes, or securities.
5. Standing Building Or Structure -- "We" do
not cover any:
a. standing building or structure;
b. part of a standing building or structure; or
c. standing building or structure to which
additions, alterations, improvements, or
repairs are being made.
A standing building or structure means any
building or structure that has been wholly or
partially constructed, erected, or fabricated. A
standing building or structure also means
any building or structure that is in the
process of construction, erection, or
fabrication at the inception of this policy.
6. Vehicles -- "We" do not cover automobiles or
any self-propelled vehicles that are designed
for highway use.
COVERAGE EXTENSIONS
Provisions That Apply To Coverage
Extensions -- The following Coverage
Extensions indicate an applicable "limit". This
"limit" may also be shown on the "schedule of
coverages" .
If a different "limit" is indicated on the "schedule
of coverages", that "limit" will apply instead of the
"limit" shown below.
However, if no "limit" is indicated for a Coverage
Extension, coverage is provided up to the full
"limit" for the applicable covered property unless
a different "limit" is indicated on the "schedule of
coverages" .
Unless otherwise indicated, the coverages
provided below are part of and not in addition to
the applicable "limit" for coverage described
under Property Covered.
The "limit" provided under a Coverage Extension
cannot be combined or added to the "limit" for
any other Coverage Extension or Supplemental
Coverage including a Coverage Extension or
Supplemental Coverage that is added to this
policy by endorsement.
If coinsurance provisions are part of this policy,
the following coverage extensions are not subject
to and not considered in applying coinsurance
conditions.
1. Debris Removal --
a. Coverage -- "We" pay the cost to
remove the debris of covered property
that is caused by a covered peril.
b. We Do Not Cover -- This coverage does
not include costs to:
1) extract "pollutants" from land or
water; or
2) remove, restore, or replace polluted
land or water.
c. Limit -- "We" do not pay any more under
this coverage than 25% of the amount
"we" pay for the direct physical loss.
"We" will not pay more for loss to
property and debris removal combined
than the "limit" for the damaged property.
d. Additional Limit -- "We" pay up to an
additional $5,000 for debris removal
expense when the debris removal
expense exceeds 25% of the amount
"we" pay for direct physical loss or when
the loss to property and debris removal
combined exceeds the "limit" for the
damaged property.
e. You Must Report Your Expenses--
"We" do not pay any expenses unless
they are reported to "us" in writing within
180 days from the date of direct physical
loss to covered property.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 4 of 18
2. Emergency Removal --
a. Coverage -- "We" cover any direct
physical loss to covered property while it
is being moved or being stored to
prevent a loss caused by a covered peril.
b. Time Limitation -- This coverage
applies for up to ten days after the
property is first moved. Also, this
coverage does not extend past the date
on which this policy expires.
3. Emergency Removal Expenses --
a. Coverage -- "We" pay for "your"
expenses to move or store covered
property to prevent a loss caused by a
covered peril.
b. Time Limitation -- This coverage
applies for up to ten days after the
property is first moved. Also, this
coverage does not extend past the date
on which this policy expires.
c. Limit -- The most "we" pay in anyone
occurrence for expenses to move or
store covered property to prevent a loss
is $10,000.
d. This Is A Separate Limit -- The "limit"
for Emergency Removal Expenses is
separate from, and not part of, the
applicable "limit" for coverage described
under Property Covered.
4. Fraud And Deceit --
a. Coverage -- "We" cover theft of covered
property when "you", "your" agents,
customers, or consignees are
fraudulently induced to part with the
covered property:
1) to persons who falsely represent
themselves as the proper persons to
receive the property;
2) by the acceptance of fraudulent bills
of lading or shipping receipts; or
3) as a result of or directly related to the
use of any electronic data processing
hardware or software.
b. Limit -- The most "we" pay in anyone
occurrence for theft of covered property
under this Coverage Extension is
$50,000.
5. Limited Fungus Coverage --
a. Coverage -- "We" pay for direct physical
loss to covered property caused by or
relating to the existence of or any activity
of "fungus".
b. Coverage Limitation -- "We" only cover
loss caused by "fungus":
1) when the "fungus" is the result of:
a) a "specified peril" other than fire
or lightning; or
b) "flood" (if the Flood Coverage is
provided under this policy);
that occurs during the policy period;
and
2) if all reasonable steps were taken to
protect the property from additional
damage at and after the time of the
occurrence.
c. Limit -- The most "we" pay for all losses
at all buildings or structures is $15,000,
unless another "limit" is indicated on the
"schedule of coverages". The Limited
Fungus Limit applies regardless of the
number of claims made.
The Limited Fungus Limit applies
regardless of the number of locations or
buildings or structures insured under this
policy.
The Limited Fungus Limit is the most that
"we" pay for the total of all loss or
damage arising out of all occurrences of
"specified perils", other than fire or
lightning, or "flood" (if applicable) during
each separate 12-month period
beginning with the inception date of this
policy.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 5 of 18
d. If The Policy Period Is Extended -- If
the policy period is extended for an
additional period of less than 12 months,
this additional period will be considered
part of the preceding period for the
purpose of determining the Limited
Fungus Limit.
e. Recurrence And Continuation Of
Fungus -- Limited Fungus Limit is the
most that "we" pay with respect to a
specific occurrence of a loss which
results in "fungus" even if such "fungus"
recurs or continues to exist during this or
any future policy period.
f. Limit Applies To Other Costs Or
Expenses -- Limited Fungus Limit also
applies to any cost or expense to:
1) clean up, contain, treat, detoxify, or
neutralize "fungus" on covered
property or remove "fungus" from
covered property;
2) remove and replace those parts of
covered property necessary to gain
access to "fungus"; and
3) test for the existence or level of
"fungus" following the repair,
replacement, restoration, or removal
of damaged property if it is
reasonable to believe that "fungus" is
present.
g. Loss Not Caused By Fungus -- If there
is a covered loss or damage to covered
property not caused by "fungus", loss
payment will not be limited by the "terms"
of this coverage extension. However, to
the extent that "fungus" causes an
increase in the loss, that increase is
subject to the "terms" of this coverage
extension.
6. Waterborne Property --
a. Coverage -- "We" cover direct physical
loss caused by a covered peril to
covered property while waterborne.
b. Limit -- The most "we" pay in anyone
occurrence for loss to waterborne
property is $10,000.
SUPPLEMENTAL COVERAGES
Provisions That Apply To Supplemental
Coverages -- The following Supplemental
Coverages indicate an applicable "limit". This
"limit" may also be shown on the "schedule of
coverages".
If a different "limit" is indicated on the "schedule
of coverages", that "limit" will apply instead of the
"limit" shown below.
However, if no "limit" is indicated for a
Supplemental Coverage, coverage is provided up
to the full "limit" for the applicable covered
property unless a different "limit" is indicated on
the "schedule of coverages".
Unless otherwise indicated, a "limit" for a
Supplemental Coverage provided below is
separate from, and not part of, the applicable
"limit" for coverage described under Property
Covered.
The "limit" available for coverage described
under a Supplemental Coverage:
a. is the only "limit" available for the described
coverage; and
b. is not the sum of the "limit" indicated for a
Supplemental Coverage and the "limit" for
coverage described under Property Covered.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 6 of 18
The "limit" provided under a Supplemental
Coverage cannot be combined or added to the
"limit" for any other Supplemental Coverage or
Coverage Extension including a Supplemental
Coverage or Coverage Extension that is added to
this policy by endorsement.
If coinsurance provisions are part of this policy,
the following supplemental coverages are not
subject to and not considered in applying
coinsurance conditions.
1. Contract Penalty --
a. Coverage -- "We" pay for the cost of
contractual penalties for non-completion
that "you" are assessed or are required
to pay because "you" are unable to
complete construction of a covered
building or structure in accordance with
the terms or conditions of the building
contract.
b. Coverage Limitation -- "Your" inability
to complete construction on time must be
as a direct result of a loss by a covered
peril to a covered building or structure.
c. Limit -- The most "we" pay in anyone
occurrence for all contractual penalties is
$10,000.
2. Earthquake Coverage -- If coverage is
indicated on the "schedule of coverages",
"we" cover direct physical loss caused by
earthquake and volcanic eruption to covered
property.
3. Expediting Expenses--
a. Coverage -- When a covered peril
occurs to a covered building or structure,
"we" pay for reasonable expediting
expenses necessary to complete
construction within the time frame
specified in the construction contract.
Expediting expenses include, but are not
limited to, additional:
1) labor or overtime;
2) transportation costs and storage
expense;
3) expense to rent additional
equipment; and
4) similar construction expenses.
b. Limit -- The most "we" pay in anyone
occurrence for all expediting expenses is
$10,000.
4. Fire Department Service Charges --
a. Coverage -- "We" cover "your" liability,
assumed by contract or agreement prior
to the loss, for fire department service
charges. No deductible applies to this
Supplemental Coverage.
b. Coverage Limitations -- "We" only pay
for:
1) fire department service charges that
relate to covered property; and
2) charges incurred when the fire
department is called to save or
protect covered property from a
covered peril.
c. Limit -- The most "we" pay in anyone
occurrence for "your" liability for fire
department service charges is $1,000.
5. Flood Coverage -- If coverage is indicated
on the "schedule of coverages", "we" cover
direct physical loss caused by "flood" to
covered property.
6. Ordinance Or Law (Undamaged Parts Of
A Building) --
a. Coverage -- When a covered peril
occurs to a covered building or structure,
"we" pay for the value of undamaged
parts of a covered building or structure
that is required to be demolished as a
result of the enforcement of any
ordinance, law, or decree that:
1) requires the demolition of
undamaged parts of a covered
building or structure that is damaged
or destroyed by a covered peril;
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 7 of 18
2) regulates the construction or repair
of a building or structure, or
establishes building, zoning, or land
use requirements at a covered
location; and
3) is in force at the time of loss.
b. We Do Not Cover -- "We" do not cover:
1) the costs associated with the
enforcement of any ordinance, law,
or decree that requires "you" or
anyone else to test for, monitor,
clean up, remove, contain, treat,
detoxify, or neutralize or in any way
respond to or assess the effects of
"pollutants";
2) loss or increased cost caused by the
enforcement of any ordinance, law,
or decree that requires the
reconstruction, repair, replacement,
remodeling, remediation or razing of
property due to the existence of or
any activity of "fungus"; or
3) costs associated with the
enforcement of any ordinance, law,
or decree that requires "you" or
anyone else to test for, monitor,
clean up, remove, contain, treat,
detoxify, neutralize, or in any way
respond to or assess the effects of
"fungus".
c. Coverage Limitation -- This coverage is
part of and not in addition to the
applicable "limit" for coverage described
under Property Covered.
7. Ordinance Or Law (Increased Cost To
Repair And Cost To Demolish/Clear
Site) --
a. Increased Cost To Repair --
1) Coverage -- When a covered peril
occurs to a covered building or
structure, "we" cover the increased
cost to repair, rebuild, or reconstruct:
a) damaged portions of a covered
building or structure; and
b) undamaged portions of a
covered building or structure
whether or not those undamaged
portions need to be demolished;
as a result of the enforcement of
building, zoning, or land use
ordinance, law, or decree and is in
force at the time when a covered
peril occurs to a covered building or
structure.
2) If The Building Is Repaired Or
Rebuilt -- If a covered building or
structure is repaired or rebuilt, it must
be intended for similar occupancy as
the current property, unless
otherwise required by building,
zoning, or land use ordinance, law,
or decree.
3) Coverage Limitation -- "We" do not
cover the increased cost of
construction until the covered
building or structure is actually
repaired or replaced and unless the
repairs or replacement are made as
soon as reasonably possible after
the loss, not to exceed two years.
b. Cost to Demolish And Clear Site __
"We" cover the cost to demolish and
clear the site of undamaged parts of the
covered building or structure that is
damaged or destroyed by a covered
peril. The demolition must be a result of
the enforcement of a building, zoning, or
land use ordinance, law, or decree that is
in force at the time when a covered peril
occurs to a covered building or structure.
c. We Do Not Cover -- "We" do not cover:
1) the costs associated with the
enforcement of any ordinance, law,
or decree:
a) that requires "you" or anyone
else to test for, monitor, clean
up, remove, contain, treat,
detoxify, or neutralize or in any
way respond to or assess the
effects of "pollutants";
Copyright. American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 8 of 18
b) that requires "you" or anyone
else to test for, monitor, clean
up, remove, contain, treat,
detoxify, neutralize, or in any
way respond to or assess the
effects of "fungus"; or
c) "you" were required to comply
with before the covered peril
occurred to a covered building or
structure, even if the building or
structure was undamaged and
"you" failed to comply with the
ordinance, law, or decree; or
2) loss or increased cost caused by the
enforcement of any ordinance, law,
or decree that requires the
reconstruction, repair, replacement,
remodeling, remediation or razing of
property due to the existence of or
any activity of "fungus".
d. What We Pay If The Building Is
Repaired Or Replaced -- If the covered
building or structure is repaired or
replaced, "we" pay the lesser of:
1) the amount "you" actually spend to
demolish and clear the site, plus the
actual increased cost to repair,
rebuild, or construct the property but
not for more than a building or
structure of the same height, floor
area, and style; or
2) $50,000.
e. What We Pay If The Building Is Not
Repaired Or Replaced -- If the covered
building or structure is not repaired or
replaced, "we" pay the lesser of:
1) the amount "you" actually spend to
demolish and clear the site; plus the
cost "you" would have incurred to
replace the damaged or destroyed
property with other property:
a) of like kind, and quality;
b) of the same height, floor area,
and style; and
c) used for the same purpose; or
2) $50,000.
8. Personal Property --
a. Coverage -- "We" cover direct physical
loss caused by a covered peril to
business personal property that will not
become a permanent part of a covered
building or structure.
b. Coverage Limitation -- "We" only cover
business personal property while being
installed or stored in a covered building
or structure.
c. Limit -- The most "we" pay in anyone
occurrence for loss to personal property
is $10,000.
9. Pollutant Cleanup And Removal --
a. Coverage -- "We" pay "your" expense to
extract "pollutants" from land or water if
the discharge, dispersal, seepage,
migration, release, or escape of the
"pollutants" is caused by a covered peril
that occurs during the policy period.
b. Time Limitation -- The expenses to
extract "pollutants" are paid only if they
are reported to "us" in writing within 180
days from the date the covered peril
occurs.
c. We Do Not Cover -- "We" do not pay the
cost of testing, evaluating, observing, or
recording the existence, level, or effects
of "pollutants".
However, "we" pay the cost of testing
which is necessary for the extraction of
"pollutants" from land or water.
d. Limit -- The most "we" pay for each
location is $25,000 for the sum of all
such expenses arising out of a covered
peril occurring during each separate 12-
month period of this policy.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 9 of 18
10. Rewards--
a. Coverage -- "We" pay a reward for
information that leads to a conviction for:
1) arson;
2) theft; or
3) vandalism.
The conviction must involve a covered
loss caused by arson, theft, or
vandalism.
b. Limit -- The most "we" pay in anyone
occurrence for a reward for information is
$1,000.
c. Limit Is Not Increased By The Number
Of Persons Providing Information --
The amount "we" pay is not increased by
the number of persons involved in
providing the information.
11. Sewer Backup Coverage --
a. Coverage -- "We" cover direct physical
loss to a covered building or structure
caused by:
1) water that backs up through a sewer
or drain; or
2) water below the surface of the
ground including water that exerts
pressure on or flows, seeps, or leaks
through or into a covered building or
structure.
b. Limit -- The most "we" pay in anyone
occurrence for loss caused by sewer
backup and water below the surface is
$10,000.
12. Storage Locations --
a. Coverage -- "We" cover direct physical
loss caused by a covered peril to:
1) materials and supplies that will
become a permanent part of a
covered building or structure;
2) business personal property as
described under Personal Property,
Supplemental Coverages; and
3) trees, shrubs, plants, and lawns as
described under Trees, Shrubs, and
Plants, Supplemental Coverages and
only for the perils described under
Trees, Shrubs, and Plants
while they are in storage at a location
that is not described on the "schedule of
coverages".
b. Limit -- The most "we" pay in anyone
occurrence for loss to property at a
storage location is $10,000.
13. Testing --
a. Coverage -- "We" cover direct physical
loss to a covered building or structure
caused by a covered peril that results
from testing.
Testing means start-up, performance,
stress, pressure, or overload testing of
materials, supplies, machinery, fixtures,
and equipment that will become a
permanent part of a covered building or
structure.
b. Limit -- The most "we" pay in anyone
occurrence for loss resulting from testing
is $10,000.
14. Transit--
a. Coverage -- "We" cover direct physical
loss caused by a covered peril to:
1) materials and supplies that will
become a permanent part of a
covered building or structure;
2) business personal property as
described under Personal Property,
Supplemental Coverages; and
Copyright, American Association of Insurance Services. Inc., 2004
AAIS
1M 7050 04 04
Page 10 of 18
3) trees, shrubs, plants, and lawns as
described under Trees, Shrubs, and
Plants, Supplemental Coverages and
only for the perils described under
Trees, Shrubs, and Plants
while they are in transit.
b. Limit -- The most "we" pay in anyone
occurrence for loss to property in transit
is $10,000.
15. Trees, Shrubs, And Plants --
a. Coverage -- "We" cover direct physical
loss including debris removal expenses,
to outdoor trees, shrubs, plants, and
lawns.
b. Coverage Limitation -- "We" only cover
trees, shrubs, plants, and lawns that are:
1) at a covered "jobsite"; and
2) a part of "your" construction project.
C. Covered Perils -- "We" only cover loss
to trees, shrubs, plants, and lawns
caused by the following perils:
1) fire;
2) lightning;
3) explosion;
4) riot or civil commotion;
5) falling objects; or
6) vandalism.
d. Limit -- The most "we" pay in anyone
occurrence for loss to trees, shrubs, and
plants is $10,000.
PERILS COVERED
"We" cover risks of direct physical loss unless the
loss is limited or caused by a peril that is
excluded.
PERILS EXCLUDED
1. "We" do not pay for loss or damage caused
directly or indirectly by one or more of the
following excluded causes or events. Such
loss or damage is excluded regardless of
other causes or events that contribute to or
aggravate the loss, whether such causes or
events act to produce the loss before, at the
same time as, or after the excluded causes
or events.
a. Civil Authority -- 'We" do not pay for
loss caused by order of any civil
authority, including seizure, confiscation,
destruction, or quarantine of property.
"We" do cover loss resulting from acts of
destruction by the civil authority to
prevent the spread of fire, unless the fire
is caused by a peril excluded under this
coverage.
b. Earth Movement Or Volcanic Eruption
-- Except as provided under
Supplemental Coverages - Earthquake
Coverage, "we" do not pay for loss
caused by any "earth movement" (other
than "sinkhole collapse") or caused by
eruption, explosion, or effusion of a
volcano.
"We" do cover direct loss by fire,
explosion, or "volcanic action" resulting
from either "earth movement" or eruption,
explosion, or effusion of a volcano.
This exclusion does not apply to covered
property while in transit.
c. Flood -- Except as provided under
Supplemental Coverages - Flood
Coverage, "we" do not pay for loss
caused by "flood".
"We" do cover direct loss by fire,
explosion, or sprinkler leakage resulting
from "flood".
This exclusion does not apply to covered
property while in transit.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 11 of 18
d. Fungus -- Except as provided under
Coverage Extensions - Limited Fungus
Coverage, "we" do not pay for loss, cost,
or expense caused by or relating to the
existence of or any activity of "fungus".
But if "fungus" results in a "specified
peril", we cover loss or damage caused
by that "specified peril".
2) increased costs that "you" incur
because of "your" compliance with a
code, ordinance, or law during the
construction, repair, rehabilitation,
remodeling, or razing of a building or
structure, including the removal of
debris, following a direct physical
loss to the property.
This exclusion does not apply to:
g. Penalties -- Except as provided under
Supplemental Coverages - Contract
Penalty, "we" do not pay for loss caused
by penalties for non-completion or non-
compliance with any contract terms or
conditions.
1) loss that results from fire or lightning;
or
2) collapse caused by hidden decay.
e. Nuclear Hazard -- "We" do not pay for
loss caused by or resulting from a
nuclear reaction, nuclear radiation, or
radioactive contamination (whether
controlled or uncontrolled; whether
caused by natural, accidental, or artificial
means). Loss caused by nuclear hazard
is not considered loss caused by fire,
explosion, or smoke. Direct loss by fire
resulting from the nuclear hazard is
covered.
h. Sewer Backup And Water Below The
Surface -- Except as provided under
Supplemental Coverages - Sewer
Backup Coverage, "we" do not pay for
loss caused by:
f. Ordinance Or Law -- Except as
provided under Supplemental Coverages
- Ordinance or Law, "we" do not pay for
loss or increased cost caused by
enforcement of any code, ordinance, or
law regulating the use, construction, or
repair of any building or structure; or
requiring the demolition of any building or
structure including the cost of removing
its debris.
1) water that backs up through a sewer
or drain; or
2) water below the surface of the
ground, including but not limited to
water that exerts pressure on or
flows, seeps, or leaks through or into
a covered building or structure.
"We" do cover direct loss by fire,
explosion, or theft resulting from either
water that backs up through a sewer or
drain or water below the surface of the
ground.
This exclusion does not apply to covered
property while in transit.
"We" do not pay for loss regardless if the
loss is caused by or results from the:
i. War And Military Action -- "We" do not
pay for loss caused by:
1) enforcement of any code, ordinance,
or law even if a building or structure
has not been damaged; or
1) war, including undeclared war or civil
war; or
2) a warlike action by a military force,
including action taken to prevent or
defend against an actual or expected
attack, by any government,
sovereign, or other authority using
military personnel or other agents; or
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 12 of 18
3) insurrection, rebellion, revolution, or
unlawful seizure of power including
action taken by governmental
authority to prevent or defend
against any of these.
This exclusion does not apply to acts of
destruction by "your" employees, but
"we" do not pay for theft by employees.
With regard to any action that comes
within the "terms" of this exclusion and
involves nuclear reaction, nuclear
radiation, or radioactive contamination,
this War and Military Action Exclusion
will apply in place of the Nuclear Hazard
Exclusion.
This exclusion does not apply to covered
property in the custody of a carrier for
hire.
c. Defects, Errors, And Omissions --
"We" do not pay for loss caused by an
act, defect, error, or omission (negligent
or not) relating to:
a. Contamination Or Deterioration --
"We" do not pay for loss caused by
contamination or deterioration including
corrosion, decay, rust, or any quality,
fault, or weakness in covered property
that causes it to damage or destroy itself.
1) design, specifications, construction,
materials, or workmanship;
2) planning, zoning, development,
siting, surveying, grading, or
compaction; or
3) maintenance, installation, renovation,
remodeling, or repair.
2. "We" do not pay for loss or damage that is
caused by or results from one or more of the
following:
But if an act, error, or omission as
described above results in a covered
peril, "we" do cover the loss or damage
caused by that covered peril.
But if contamination or deterioration
results in a covered peril, "we" do cover
the loss or damage caused by that
covered peril.
d. Electrical Currents -- "We" do not pay
for loss caused by arcing or by electrical
currents other than lightning.
b. Criminal, Fraudulent, Dishonest, Or
Illegal Acts -- "We" do not pay for loss
caused by or resulting from criminal,
fraudulent, dishonest, or illegal acts
committed alone or in collusion with
another by:
But if arcing or electrical currents other
than lightning result in a covered peril,
"we" do cover the loss or damage
caused by that covered peril.
1) "you";
2) others who have an interest in the
property;
3) others to whom "you" entrust the
property;
4) "your" partners, officers, directors,
trustees, joint venturers, or "your"
members or managers if "you" are a
limited liability company; or
5) the employees or agents of 1), 2), 3),
or 4) above, whether or not they are
at work.
However, this exclusion does not apply
to loss resulting from testing as
specifically provided under Supplemental
Coverages - Testing.
e. Explosion, Rupture, Or Bursting --
"We" do not pay for loss caused by
explosion, rupture, or bursting of steam
boilers, steam or gas turbines, steam
pipes, or steam engines. This exclusion
applies only to loss or damage to the
steam boilers, steam or gas turbines,
steam pipes, or steam engines in which
the loss occurred.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 13 of 18
f. Loss Of Use -- "We" do not pay for loss
caused by or resulting from loss of use,
delay, or loss of market.
g. Mechanical Breakdown -- "We" do not
pay for loss caused by mechanical
breakdown or rupturing or bursting of
moving parts of machinery caused by
centrifugal force.
But if a mechanical breakdown or
rupturing or bursting of moving parts of
machinery caused by centrifugal force
results in a covered peril, "we" do cover
the loss or damage caused by that
covered peril.
However, this exclusion does not apply
to loss resulting from testing as
specifically provided under Supplemental
Coverages - Testing.
h. Missing Property -- "We" do not pay for
missing property where the only proof of
loss is unexplained or mysterious
disappearance of covered property, or
shortage of property discovered on
taking inventory, or any other instance
where there is no physical evidence to
show what happened to the covered
property.
This exclusion does not apply to covered
property in the custody of a carrier for
hire.
i. Pollutants -- "We" do not pay for loss
caused by or resulting from release,
discharge, seepage, migration, dispersal,
or escape of "pollutants":
1) unless the release, discharge,
seepage, migration, dispersal, or
escape is caused by a "specified
peril"; or
2) except as specifically provided under
the Supplemental Coverages -
Pollutant Cleanup and Removal.
"We" do cover any resulting loss caused
by a "specified peril".
j. Temperature/Humidity -- "We" do not
pay for loss caused by dryness,
dampness, humidity, or changes in or
extremes of temperature.
But if dryness, dampness, humidity, or
changes in or extremes of temperature
results in a covered peril, "we" do cover
the loss or damage caused by that
covered peril.
k. Voluntary Parting -- Except as provided
under Coverage Extensions - Fraud and
Deceit, "we" do not pay for loss caused
by or resulting from voluntary parting with
title to or possession of any property
because of any fraudulent scheme, trick,
or false pretense.
I. Wear And Tear -- 'We" do not pay for
loss caused by wear and tear, marring,
or scratching.
But if wear and tear, marring, or
scratching results in a covered peril, "we"
do cover the loss or damage caused by
that covered peril.
WHAT MUST BE DONE
IN CASE OF LOSS
1. Notice -- In case of a loss, "you" must:
a. give "us" or "our" agent prompt notice
including a description of the property
involved ("we" may request written
notice); and
b. give notice to the police when the act
that causes the loss is a crime.
2. You Must Protect Property -- "You" must
take all reasonable steps to protect covered
property at and after an insured loss to avoid
further loss.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 14 of 18
a. Payment Of Reasonable Costs -- "We"
do pay the reasonable costs incurred by
"you" for necessary repairs or
emergency measures performed solely
to protect covered property from further
damage by a peril insured against if a
peril insured against has already caused
a loss to covered property. "You" must
keep an accurate record of such costs.
"Our" payment of reasonable costs does
not increase the "limit".
b. We Do Not Pay -- "We" do not pay for
such repairs or emergency measures
performed on property which has not
been damaged by a peril insured
against.
3. Proof Of Loss -- "You" must send "us",
within 60 days after "our" request, a signed,
sworn proof of loss. This must include the
following information:
a. the time, place, and circumstances of the
loss;
b. other policies of insurance that may
cover the loss;
c. "your" interest and the interests of all
others in the property involved, including
all mortgages and liens;
d. changes in title of the covered property
during the policy period; and
e. estimates, specifications, inventories,
and other reasonable information that
"we" may require to settle the loss.
4. Examination -- "You" must submit to
examination under oath in matters connected
with the loss as often as "we" reasonably
request and give "us" sworn statements of
the answers. If more than one person is
examined, "we" have the right to examine
and receive statements separately and not in
the presence of others.
5. Records -- "You" must produce records,
including tax returns and bank microfilms of
all canceled checks relating to value, loss,
and expense and permit copies and extracts
to be made of them as often as "we"
reasonably request.
6. Damaged Property -- "You" must exhibit the
damaged and undamaged property as often
as "we" reasonably request and allow "us" to
inspect or take samples of the property.
7. Volunteer Payments -- "You" must not,
except at "your" own expense, voluntarily
make any payments, assume any
obligations, payor offer any rewards, or incur
any other expenses except as respects
protecting property from further damage.
8. Abandonment -- "You" may not abandon the
property to "us" without "our" written consent.
9. Cooperation -- "You" must cooperate with
"us" in performing all acts required by this
policy.
VALUATION
1. Replacement Cost -- The value of covered
property will be based on the replacement
cost without any deduction for depreciation.
Replacement cost includes labor, reasonable
overhead and profit, and delivery charges. .
a. Replacement Cost Limitations --
Replacement cost is limited to the cost of
repair or replacement with similar
materials on the same site and used for
the same purpose.
b. Payment Limitation -- The payment will
not exceed the amount "you" spend to
repair or replace the damaged or
destroyed property.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 15 of 18
2. Pair Or Set -- The value of a lost or
damaged article that is part of a pair or set is
based on a reasonable proportion of the
value of the entire pair or set. The loss is not
considered a total loss of the pair or set.
3. Loss To Parts -- The value of a lost or
damaged part of an item that consists of
several parts when it is complete is based on
the value of only the lost or damaged part or
the cost to repair or replace it.
HOW MUCH WE PAY
1. Insurable Interest -- "We" do not cover more
than "your" insurable interest in any property.
2. Deductible -- "We" pay only that part of
"your" loss over the deductible amount
indicated on the "schedule of coverages" in
anyone occurrence.
3. Earthquake Period -- All earthquakes or
volcanic eruptions that occur within a 168-
hour period will be considered a single loss.
This 168-hour period is not limited by the
policy expiration.
4. Loss Settlement Terms -- Subject to
paragraphs 1., 2., 3., 5., 6., and 7. under
How Much We Pay, "we" pay the lesser of:
a. the amount determined under Valuation;
b. the cost to repair, replace, or rebuild the
property with material of like kind and
quality to the extent practicable; or
c. the "limit" that applies to the covered
property.
5. Coinsurance--
a. When Coinsurance Applies -- "We"
only pay a part of the loss if the "limit" is
less than 100% of the estimated
completed value of the covered building
or structure.
b. How We Determine Our Part Of The
Loss -- "Our" part of the loss is
determined using the following steps:
1) determine the 100% expected
completed value of the building or
structure; this figure is based on the
estimated value of the property at
completion of construction had no
loss occurred;
2) divide the "limit" for covered property
by the result determined in b.1)
above; and
3) multiply the total amount of loss,
after the application of any
deductible, by the result determined
in b.2) above.
The most "we" pay is the amount
determined in b.3) above or the "limit",
whichever is less. "We" do not pay any
remaining part of the loss.
c. If There Is More Than One Limit -- If
there is more than one "limit" indicated
on the "schedule of coverages" for this
coverage part, this procedure applies
separately to each "limit".
d. If There Is Only One Limit -- If there is
only one "limit" indicated on the
"schedule of coverages" for this
coverage, this procedure applies to the
total of all covered property to which the
"limit" applies.
6. Insurance Under More Than One
Coverage -- If more than one coverage of
this policy insures the same loss, "we" pay
no more than the actual claim, loss, or
damage sustained.
7. Insurance Under More Than One Policy--
a. Proportional Share -- "You" may have
another policy subject to the same
"terms" as this policy. If "you" do, "we"
will pay "our" share of the covered loss.
"Our" share is the proportion that the
applicable "limit" under this policy bears
to the "limit" of all policies covering on
the same basis.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 16 of 18
b. Excess Amount -- If there is another
policy covering the same loss, other than
that described above, "we" pay only for
the amount of covered loss in excess of
the amount due from that other policy,
whether "you" can collect on it or not. But
"we" do not pay more than the applicable
"limit".
LOSS PAYMENT
1. Loss Payment Options --
a. Our Options -- In the event of loss
covered by this coverage form, "we"
have the following options:
1) pay the value of the lost or damaged
property;
2) pay the cost of repairing or replacing
the lost or damaged property;
3) rebuild, repair, or replace the
property with other property of
equivalent kind and quality, to the
extent practicable, within a
reasonable time; or
4) take all or any part of the property at
the agreed or appraised value.
b. Notice Of Our Intent To Rebuild,
Repair, Or Replace -- "We" must give
"you" notice of "our" intent to rebuild,
repair, or replace within 30 days after
receipt of a duly executed proof of loss.
2. Your Losses --
a. Adjustment And Payment Of Loss --
"We" adjust all losses with "you".
Payment will be made to "you" unless
another loss payee is named in the
policy.
b. Conditions For Payment of Loss -- An
insured loss will be payable 30 days
after:
1) a satisfactory proof of loss is
received; and
2) the amount of the loss has been
established either by written
agreement with "you" or the filing of
an appraisal award with "us".
3. Property Of Others --
a. Adjustment And Payment Of Loss To
Property Of Others -- Losses to
property of others may be adjusted with
and paid to:
1) "you" on behalf of the owner; or
2) the owner.
b. We Do Not Have To Pay You If We Pay
The Owner -- If "we" pay the owner,
"we" do not have to pay "you". "We" may
also choose to defend any suits brought
by the owners at "our" expense.
OTHER CONDITIONS
1. Appraisal -- If "you" and "we" do not agree
on the amount of the loss or the value of
covered property, either party may demand
that these amounts be determined by
appraisal.
If either makes a written demand for
appraisal, each will select a competent,
independent appraiser and notify the other of
the appraiser's identity within 20 days of
receipt of the written demand. The two
appraisers will then select a competent,
impartial umpire. If the two appraisers are
unable to agree upon an umpire within 15
days, "you" or "we" can ask a judge of a
court of record in the state where the
property is located to select an umpire.
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
1M 7050 04 04
Page 17 of 18
The appraisers will then determine and state
separately the amount of each loss.
The appraisers will also determine the value
of covered property items at the time of the
loss, if requested.
If the appraisers submit a written report of
any agreement to "us", the amount agreed
upon will be the amount of the loss. If the
appraisers fail to agree within a reasonable
time, they will submit only their differences to
the umpire. Written agreement so itemized
and signed by any two of these three, sets
the amount of the loss.
Each appraiser will be paid by the party
selecting that appraiser. Other expenses of
the appraisal and the compensation of the
umpire will be paid equally by "you" and "us".
2. Benefit To Others -- Insurance under this
coverage will not directly or indirectly benefit
anyone having custody of "your" property.
3. Conformity With Statute -- When a
condition of this coverage is in conflict with
an applicable law, that condition is amended
to conform to that law.
4. Estates -- This provision applies only if the
insured is an individual.
a. Your Death -- On "your" death, "we"
cover the following as an insured:
1) the person who has custody of "your"
property until a legal representative
is qualified and appointed; or
2) "your" legal representative.
This person or organization is an insured
only with respect to property covered by
this coverage.
b. Policy Period Is Not Extended -- This
coverage does not extend past the policy
period indicated on the declarations.
5. Misrepresentation, Concealment, Or
Fraud -- This coverage is void as to "you"
and any other insured if, before or after a
loss:
a. "You" or any other insured have willfully
concealed or misrepresented:
1) a material fact or circumstance that
relates to this insurance or the
subject thereof; or
2) "your" interest herein.
b. There has been fraud or false swearing
by "you" or any other insured with regard
to a matter that relates to this insurance
or the subject thereof.
6. Policy Period -- "We" pay for a covered loss
that occurs during the policy period.
7. Recoveries -- If "we" pay "you" for the loss
and lost or damaged property is recovered,
or payment is made by those responsible for
the loss, the following provisions apply:
a. "you" must notify "us" promptly if "you"
recover property or receive payment;
b. "we" must notify "you" promptly if "we"
recover property or receive payment;
c. any recovery expenses incurred by either
are reimbursed first;
d. "you" may keep the recovered property
but "you" must refund to "us" the amount
of the claim paid or any lesser amount to
which "we" agree; and
e. if the claim paid is less than the agreed
loss due to a deductible or other limiting
"terms" of this policy, any recovery will be
prorated between "you" and "us" based
on "our" respective interest in the loss.
8. Restoration Of Limits -- Except as indicated
under Limited Fungus Coverage, a loss "we"
pay under this coverage does not reduce the
applicable "limits".
Copyright, American Association of Insurance Services. Inc., 2004
AAIS
1M 7050 04 04
Page 18 of 18
9. Subrogation -- If "we" pay for a loss, "we"
may require "you" to assign to "us" "your"
right of recovery against others. "You" must
do all that is necessary to secure "our" rights.
"We" do not pay for a loss if "you" impair this
right to recover.
"Y ou" may waive "your" right to recover from
others in writing before a loss occurs.
10. Suit Against Us -- No one may bring a legal
action against "us" under this coverage
unless:
a. all of the "terms" of this coverage have
been complied with; and
b. the suit has been brought within two
years after "you" first have knowledge of
the loss.
If any applicable law makes this limitation
invalid, then suit must begin within the
shortest period permitted by law.
11. Territorial Limits -- "We" cover property
while in the United States of America its
territories and possessions, Canada, 'and
Puerto Rico.
12. Carriers For Hire -- "You" may accept bills
of lading or shipping receipts issued by
carriers for hire that limit their liability to less
than the replacement cost or actual cash
value of the covered property.
ADDITIONAL COVERAGE
LIMITATIONS
1. Coverage Not Provided During
Occupancy And Use -- "We" do not provide
coverage under this policy if, without "our"
prior written consent, a covered building or
structure as described under Property
Covered is:
a. occupied in whole or in part; or
b. put to its intended use.
However, this provision does not apply if
permission to occupy is indicated on the
"schedule of coverages".
2. When Coverage Ceases -- Coverage will
end when one of the following first occurs:
a. this policy expires or is canceled;
b. a covered building or structure is
accepted by the purchaser;
c. "your" insurable interest in the covered
property ceases;
d. "you" abandon construction with no
intent to complete it; or
e. a covered building or structure has been
completed for more than 90 days.
1M 7050 04 04
Copyright, American Association of Insurance Services, Inc., 2004
AIM 2003 09 05
Page 1 of 1
This endorsement changes
the Builder's Risk Coverage
-- PLEASE READ THIS CAREFULLY --
WATER DAMAGE EXCLUSION
PERILS EXCLUDED
The following exclusion is added to Paragraph 2. of PERILS EXCLUDED:
m. Water Damage -- "We" do not pay for loss arising from, contributed to, or resulting from rain, snow,
sleet or ice, all whether wind driven or not, entering the interior of any building(s) or structure(s)
unless the exterior of such building(s) or structure(s) including but not limited to the roof and outside
walls, is complete and then only if said exterior of the building(s) or structure(s) first sustains damage
by a covered peril to its roof or walls through which the rain, snow, sleet or ice enters.
AIM 2003 09 05
Includes copyrighted material of the American Association of Insurance Services with their permission, 2005
AIM 2004 09 05
Page 1 of 2
This endorsement changes the
Builders' Risk Coverage
-- PLEASE READ THIS CAREFULLY --
WINDSTORM OR HAIL DEDUCTIBLE
(The entries required to complete this endorsement
will be shown below or on the" schedule of coverages "or the Declarations.)
WINDSTORM OR HAIL SCHEDULE
Windstorm or Hail Deductible (check one)
~ Flat Deductible
1,000,000 per building or structure
Ifl Percentage Deductible (check one)
n 1%
n 3%
[lI2%
Minimum Deductible
HOW MUCH WE PAY
The deductible provision under How Much We
Pay is replaced by the provisions for Flat
Deductible or Percentage Deductible when loss
to covered property is caused by or results from
windstorm or hail.
The Windstorm or Hail Deductible indicated on
the Windstorm or Hail Schedule is applicable to
loss or damage to covered property caused
directly or indirectly by the perils of windstorm or
hail.
Loss or damage resulting from a covered
weather condition, other than windstorm or hail
will be considered to be caused by windstorm o~
hail and will be considered part of the windstorm
or hail occurrence if the loss or damage would
not have occurred without the weather conditions
of windstorm or hail.
By windstorm or hail, "we" mean:
1) the direct action of wind or direct action of
hail (whether accompanied by wind or not);
2) the direct action of rain, snow, sleet, ice,
gravel, pebbles, sand, dust or debris of any
kind, if any of them are driven by wind; or
3) the direct or indirect action on the
interior of the building(s) or structure(s)
5%
o
or the property therein, of hail, rain,
snow, sleet, ice, gravel, pebbles, sand,
dust or debris of any kind, which have
entered the building(s) or structure(s)
through openings created by wind or hail
or which have been driven into the
building(s) or structure(s) by wind.
1. Flat Deductible -- When a flat dollar
deductible is indicated on the Windstorm or
Hail Schedule, "we" pay only that part of
"your" loss over the deductible amount per
building or structure in anyone occurrence.
2. Percentage Deductible --
a. Percentage -- When a 1%, 2%, or 5%
deductible is indicated on the Windstorm
or Hail Schedule, "we" pay only that part
of "your" loss over the deductible amount
in anyone occurrence. The deductible
amount is determined by applying the
percentage indicated on the schedule to
the value of the covered property that is
involved in the loss. In no event shall the
amount of the deductible calculated be
less than the Minimum Deductible
amount shown in the Windstorm or Hail
Schedule.
b. Value Determined At Time Of Loss --
Only as regards the determination of the
Page 2 of 2
Percentage Deductible, the value of
covered property is determined at the
time of loss or damage and in
accordance with the provisions described
under the Valuation section of the policy.
The value of covered property is not
based on the estimated completion value
of the covered property.
c. Deductible Applies Separately -- The
percentage deductible applies separately
to each covered building or structure.
AIM 2004 09 05
Includes copyrighted material of the American Association of
Insurance Services with their permission, 2005.
AAIS
CL 01000399
Page 1 of 1
COMMON POLICY CONDITIONS
1. Assignment -- This policy may not be
assigned without "our" written consent.
2. Cancellation -- "You" may cancel this policy
by returning the policy to "us" or by giving
"us" written notice and stating at what future
date coverage is to stop.
"We" may cancel this policy, or one or more
of its parts, by written notice sent to "you" at
"your" last mailing address known to "us". If
notice of cancellation is mailed, proof of
mailing will be sufficient proof of notice.
If "we" cancel this policy for nonpayment of
premium, "we" will give "you" notice at least
ten days before the cancellation is effective.
If "we" cancel this policy for any other
reason, "we" will give "you" notice at least 30
days in advance of cancellation. The notice
will state the time that the cancellation is to
take effect.
"Your" return premium, if any, will be
calculated according to "our" rules. It will be
refunded to "you" with the cancellation notice
or within a reasonable time. Payment or
tender of the unearned premium is not a
condition of cancellation.
3. Change, Modification, or Waiver of Policy
Terms -- A waiver or change of the "terms"
of this policy must be issued by "us" in
writing to be valid.
4. Inspections -- "We" have the right, but are
not obligated, to inspect "your" property and
operations at any time. This inspection may
be made by "us" or may be made on "our"
behalf. An inspection or its resulting advice
or report does not warrant that "your"
property or operations are safe, healthful, or
in compliance with laws, rules, or
regulations. Inspections or reports are for
"our" benefit only.
5. Examination of Books and Records --
"We" may examine and audit "your" books
and records that relate to this policy during
the policy period and within three years after
the policy has expired.
CL 0100 03 99
Copyright, American Association of Insurance Services,
1998
AAIS
IM-1271 Ed 1.0
Page 1 of 1
LOSS PAYABLE SCHEDULE
(The entries required to complete this endorsement
will be shown below or on the "declarations".)
Loss Payable Provision (check one)
[Xl Loss Payable
[] Lender's Loss Payable
[] Contract of Sale
LOSS PAYABLE SCHEDULE
Loc.
No.
Described
Premises
Covered
Property
Name and Address
of Loss Payee
LOC 1
MONROE COUNTY BOARD OF COUNTY
COMMISSIONS, IT'S EMPLOYEES AND
OFFICIALS, 500 WHITEHEAD STREET, KEY
IM-1271 Ed 1.0
Copyright MCMXCIV, American Association of Insurance Services
AAIS
1M 2019 04 04
Page 1 of 1
This endorsement changes
the policy
-- PLEASE READ THIS CAREFULLY --
AMENDATORY ENDORSEMENT
FLORIDA
1. Under Loss Payment, Your Losses is amended to include the following:
If "we" have agreed in writing to the settlement of a claim, "we" will pay for
that loss within 20 days after such settlement is reached.
2. Under Other Conditions, Misrepresentation, Concealment, Or Fraud is
deleted and replaced by the following:
Misrepresentation, Concealment, Or Fraud -- This coverage may be
voided if, before or after a loss:
a. an insured has willfully concealed or misrepresented:
1) any material fact or circumstance concerning this insurance; or
2) an insured's interest herein if material.
This means "we" would not have issued the policy at the premium
charged if "we" had known the facts "you" concealed or misrepresented.
b. there has been fraud or false swearing by an insured with respect to this
insurance or the subject thereof.
3. In all coverage forms except Motor Truck Cargo Legal Liability Coverage and
Warehouse Legal Liability Coverage, under Other Conditions, paragraph b.
of Suit Against Us is deleted and replaced by the following:
b. the suit has been brought within five years after "you" first have
knowledge of the loss.
1M 2019 04 04
Copyright, American Association of Insurance Services. Inc.. 2004
AAIS
CL 0160 01 01
Page 1 of 2
This endorsement changes
the policy
-- PLEASE READ THIS CAREFULLY --
AMENDATORY ENDORSEMENT
FLORIDA
Cancellation and Nonrenewal -- "You" may
cancel this policy by returning the policy to
"us" or by giving "us" written notice and
stating at what future date coverage is to
stop.
2) there has been material
misstatement or misrepresentation;
3) there has been failure to comply with
underwriting requirements that "we"
established within 90 days of the
policy effective date;
4) there has been a substantial change
in the risk covered; or
5) there has been cancellation for all
insureds for a given class of
insureds.
1. Under Common Policy Conditions,
Cancellation is deleted and replaced by the
following:
"We" may cancel or not renew this policy by
written notice to "you" at the address shown
in the policy. "Our" notice will state the
specific reasons for cancellation or
non renewal. Proof of delivery or mailing is
sufficient proof of notice.
"We" will give "you" notice at least ten
days before the cancellation is to be
effective if "we" cancel for nonpayment of
premium.
a. If this policy has been in effect for 90
days or less, "we" may cancel for any
reason.
If this policy is issued to cover one- to
four-family dwellings used for residential
purposes, condominium associations,
apartment buildings, or any personal
property incidental to residential
occupancies, "we" will give "you" notice at
least 90 days before the cancellation or
nonrenewal is to be effective if "we"
cancel or non renew for any reason other
than nonpayment of premium.
"We" may cancel or not renew this policy on
the basis of property insurance claims that
are the result of an act of God only if "we" can
show, by claims frequency or otherwise, that
"you" have failed to take action reasonably
necessary as requested by "us" to prevent
further damage to "your" property.
"We" will give "you" notice at least ten
days before the cancellation is to be
effective if "we" cancel for nonpayment of
premium, material misstatement or
misrepresentation, or failure to comply
with the underwriting requirements that
"we" have established.
Otherwise, "we" will give "you" notice at
least 45 days before the cancellation or
nonrenewal is to be effective if "we"
cancel or non renew for any reason other
than nonpayment of premium.
Otherwise, "we" will give "you" notice at
least 20 days before the cancellation is to
be effective.
"Your" return premium, if any, will be
refunded at the time of cancellation or as
soon as practical. Payment or tender of
unearned premium is not a condition of
cancellation.
b. If the policy has been in effect for more
than 90 days, or if it is a renewal of a
policy issued by "us", "we" may cancel or
not renew this policy only at the
anniversary date unless one or more of
the following reasons apply:
2. Under Common Policy Conditions, the
following condition is added:
Renewal -- If "we" decide to renew this
policy, "we" will give "you" written notice of
the renewal premium at least 45 days prior to
the renewal date.
1) the premium has not been paid when
due;
AAIS
CL 01600101
Page 2 of 2
3. Under Common Policy Conditions,
Inspections is deleted and replaced by the
following:
Inspections -- "We" have the right, but are
not obligated, to inspect "your" property and
operations. This inspection may be made by
"us" or may be made on "our" behalf. An
inspection or its resulting advice or report is
not an agreement that "your" property or
operations are safe, healthful, or in
compliance with laws, rules, or regulations.
Inspections or reports are for "our" benefit
only.
CL 0160 01 01
Copyright, American Association of Insurance Services, 2001
THE AMERICAN INSTITUTE. OF ARCHITECTS
MONROE COUNH
CONSIlIUCIION MANAGEMu~
AlA Document A311
JAN,] O~
- ~)
RECf.M.D.~___.
Bond No.4 93 07 60
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of contractor)
Fontieiella Construction Corporation; 1140() West Flagler Street Street, Suite 206, Miami,
Florida 33J..74 (305) 270-9605
as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety)
Great American Insurance Company; 1060 Maitland Center Commons Boulevard, Suite 100,
Maitland, Florida 32751 (866) 768-5959
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
Monroe County Board of County Commissioners; 500 Whitehead Street, Key West, Florida
33040 (305) 292-44.29
as Obligee, hereinafter called Owner, in the amount of
Two Million Nine Hundl'ed Sixty Thl'ee Thousand and NO/100
($2,C)63, 000. (0)
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
(Here insert full name, address and description of project)
September 8, 2005
entered into a contract with Owner for
Medical Examiner's Facility; Project No. CH 0301;
Crawl Key, Florida
in accordance with Drawings and Specifications prepared by
Harvard Jolly Clees Toppe Architects, P.A.; 3201 West Commercial Boulevard, Suite 225,
Fort Lauderdale, Florida 33309 (Here insert full name and address or legal title of Architect)
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
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligation thereunder, the Surety may
promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its term and conditions, and upon
determination by Surety of the lowest responsible bidder, or
if the Owner elects, upon determination 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
~
day of
'\
~((~(~l
Itness)
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 term "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 of the Owner.
January
2006.
(Seal)
Great American Insurance Comoanv
(suren .
~j)~
(Seal)
Charles D. Nielson, Attomey-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., N.W., WASHINGTON, D.C. 20000 2
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 4 93 07 60 , effective January 6, 2006
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share ofterrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.O 17715
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and
lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings
and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the
Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of
the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
CHARLES J. NIELSON
CHARLES D. NIELSON
WARREN ALTER
GLORIA MCCLURE
Name
MARV C. ACEVES
Address
Limit of Power
ALL
UNLIMITED
ALL OF
MIAMI LAKES, FLORIDA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 26TH day of JULY, 2004
Attest GREAT AMERICAN INSURANCE COMPANY
DAVID C. KITCHIN (513-412-4602)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 26TH day of JULY, 2004 ,before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that
he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 6th day of January 2006
S 1157F (4/04)
:Melson, )liter e:l)lssociates, Inc.
000a e})epartment
Public Works Bond
In compliance with Florida Statutes 255,05(1)(a)
Bond No.
4930760
Contractor
tfC' ..
~"ont1ae
Construct-ion Corpomtton
Address
11400 West Flagler Street. Suite 206
Miami, Florida 33174
Phone No.
(305) 207-9605
Surety Company
Great American Insurance Company
Address
1060 Maitla.nd Center Commons Boulevard, No, 100
Maitland, Florida 32751
Phone No.
(866) 768-5959
Owner Name
County of Monroe Board of County Commissioners
Address
500 Whitehead Street
Key West, Florida 33040
Phone No.
ContractlProject No,
(305) 292-4429
CH0301
Project Name
!Monroe County Pao'6ties fDe<JJe{opment
(714 J,,: ['a::""" ., , m :1:.-
../!fl.eU.tca > ~'4mmer S ";f'aa.t,tty
Project Location
US Highway 1 on Crawl Key
Legal Description
Lot 3 of Section 26 and Lot 1 of Section 35; Township 65
South; Range 33 East; Eastern Crawl Key, Monroe County,
Florida
Description of Work
Construction
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 AMERICAN INSTITUTE OF ARCHITECTS
-
-
IJ\~li~
.3~~~;;~~~i~,
~~~
AlA Document A311
Bond No.4 c)3 07 60
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)
Fonticiella Construction Corporation; 11400 West Flagler Street, Suite 206, Miami, Florida
33174 (305) 207-9605
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title of Surety)
Great American Insurance Company; 1060 Maitland Center Commons Boulevard, Suite 100,
Maitland, Florida 32751 (866) 768-5959
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
Monroe County Board of County Commissioners; 500 Whitehead Street, Key West, Florida
33040 (305) 292-4429
as Obligee, hereinafter called Owner, in the amount of
Two Million Nine Hundred Sixty Three Thousand and NO/lOa ($2,963,000.00)
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 September 8, 2005 , entered into a contract with Owner for
(Here insert full name, address and description of project)
Medical Examiner's Facility; Project No. CH 0301;
Crawl Key, Florida
in accordance with Drawings and Specifications prepared by
Harvard Jolly Clees Toppe Architects, P.A.; 3201 West Commercial Boulevard, Suite 225
Fort Lauderdale, Florida 33309 (Here insert full name and address or legal title of Architect)
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
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
daimants 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 indude 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 daimant 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 claimant's 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 daimant, 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 daimant
did or performed the last of the work or labor, or fumished
the last of the materials for which said daim is made, stating
with substantial
Signed and sealed this
6th
day of
('-
~\ ~ .
:' >i C. .', \ I
/-. ~( >~~~e,
(Witness)
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 regularly
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 daim for the amount of such
lien be presented under and against this bond.
January
2006.
(Seal)
Great American Insurance Comoanv
(SU~L).~
Charles D. Nielson, Attorney-in-Fact and Florida Resident Agent
(Seal)
This bond is given to comply with sectton 255.05 FJef
Statutes, and any action tnslituted by a claimant under !!':
bond for payment must be in accordance with the notice ill
time limitation provisions in Seaion 255.05(2), Florida Statute
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
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 4 93 07 60 , effective January 6, 2006
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% ofthat portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.O 17715
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and
lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings
and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the
Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of
the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
CHARLES J. NIELSON
CHARLES D. NIELSON
WARREN ALTER
GLORIA MCCLURE
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
Name
MARV C. ACEVES
Address
Limit of Power
ALL
UNLIMITED
ALL OF
MIAMI LAKES, FLORIDA
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 26TH day of JULY, 2004
Attest GREAT AMERICAN INSURANCE COMPANY
DAVID C. KITCHIN (513-412-4602)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 26TH day of JULY, 2004 ,before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great
American I nsurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that
he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond.
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
i, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 6th day of January 2006
S 1157F (4/04)
SECTION 00110
..
RBD!DBI
A
MEDICAL EXAMINER'S FACILITY
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
BID FROM~(lt;Ct'~ /1k CiJ,;?S7dZvc7;(J/7~/p.
~f~~U/ %~{":~/rr~~0SV/~P.HJ'
") The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
MEDICAL EXAMINER'S FACILITY
Crawl Key, 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 sour~s of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
"'f1VttJ m/LJ../c ", nl/lf.' hl:/I1J r(7Jg'K:17 -rl1'r9 ~-rlI!'(,!$IU1Pollars.
(Total Base Bid - words)
I acknowledge Alternates as follows:
No.1: Pave area from visitor's/staff area parking entrance to service parking entrance.
Add the sum of $ I...,.. 'J v() (words) FtJ ur 7Ci!'rl-1'1Ji9v5~LI'tl711;"l'Ir IJv~d(fY;t1
NO.2: Grade, level and gravel the road leading from US 1 to entry to new acess road. Add
the sum of $ 7,0 '(1") (}D (words) '1'1Pen 'y/n.;j U ,,~;..~,,{
4/5/2004 11 :35 AM
PROPOSAL FORM
(Addendum 2) 00110 - 2
}
MEDICAL EXAMINER'S FACILITY
NO.3:
NO.4:
No.5:
No.6:
Provide translucent canopy system and decorative grill at main building entrance, add
and extend columns and members required to support canopy system. (Refer to
Structural and Architectural drawings.)
Add the sum of $. . _ (word~ ,
10/ -c ..'1 0 111;1,~ ri "11111",,, $d-"'" A
Provide bid alternate pricing to install wet pipe spnnl<ler system as indicated on drawing
sheet FP .1.1. Refer to the construction documents and project specifications for
requirements and additional information. 5sl/e~ t:J1/,:f'4..~ J
Add the sum of $ ~O.3.s"ZJ.c c. (words) -n,~ -A~/lJ'r~J F, '::7Y'
Provide bid alternate pricing to install site lighting for access road from the existing
fire training building to the new medical examiners facility as indicated on drawing sheet
EO.1. Refer to construction documents and project specifications for requirements and
additional information. ~QJI!'nT.~~t!J ~4V6ea.."J
Add the sum of $ Z 2. 6"l:J" (words) F I" ~ 1/'u ~ Jr~ J
Provide bid alternate pricing to apply corrosion resistant coatings to equipment listed
below. Coating performance shall be as follows:
1. Less than 1 % effect on heat transformation characteristics.
2. Shall withstand a PH range of 3 through 11.
3. Shall be non-flammable.
4. Shall pass the ASTM salt- spray test.
5. Shall be factory applied or at Bronz-Glo.
6. Shall have a five (5) year warranty against corrosion or breakdown
of coating.
Provide line item pricing for the following items:
1. Dipped coating on chiller tubes and coils.
2. Sprayed coating on chiller cabinet.
3. Sprayed coating on generator weather enclosure.
4. Dipped coating on air handler coils and fins.
5. Sprayed coating on pump enclosures and motors.
Add the sum of$ 2C>.aoo (words)...,-:: ~ I
,/.tJe",,/, F .,,&l/ S~I') t
4/5/2004 11 :35 AM
PROPOSAL FORM
(Addendum 2) 00110 - 2
1
MEDICAL EXAMINER'S FACILITY
I acknowledge receipt of Addenda No.(s)
No.LDated~~ 4-
No.;4 Dated ~ tf'
No._Dated I
No._Dated
No._Dated
I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form ~he
required Bid Sec~ ~the Non-Collusion Affidavit -', and the Lobbying and Conflict of
Interest Clause_. In addition, I have included a certified copy of Contractor's License,
Insurance Checklist and an Insurance Agent's Statement.
(Check mark items above. as a reminder that they are included.)
4/J";ae/~ lI/?$7AevCVdn c;,~.
I/t/ot/ ft/. ~rt'r ST/tPe!" Sv"Te atPb
)u LOml _ rc :5 ~/ -;71..{
,
3e7!;1- ih:77-96tfJ, 6-- a-,~- ~/#-S-~)"
Mailing Address:
Phone Number:
Date: o/ft~Y'
Signed:
. .
Aflnd'AcltJ ~ -':;~7lc/e~
(Name)
? YP$ .Jete ,-? ..,.
(Title) l
Witness:
(Seal)
2/25/2004 10:48 AM
PROPOSAL FORM
00110-3
~
MEDICAL EXAMINER'S FACILITY
. AlA Document A.J1o - E1ectromc Fonnat
Bid Bond
as Obligee. hereinafter caJIed the Obligee. in the sum of Dollars ($ ). for the pa
Principal and the said Surety. bind ourselves. our heirs, executon, administraton,
these pments.
WHEREAS. the Principal has submitted a bid for
1itI_-' MitftslorqMtilkoFOwMr)
sum wen and Indy to be made. the said
and assips. jointly and severally. finnIy by
THIS DOCUMENT HAS IMPORTANT lEGAL CONSEQUENa.5: CONSULTATION WITH AN A'lTORNEY IS ENCOURAGED WITH
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTR.ONlCALLY DRAfTED AlA DOCl.IWENT MAY BE MADE B
KNOW ALL MEN BY THESE PRESENTS. that we
as Principal. bereinafter called the Principal. and
a corporation duly organized under the laws of the State of as Surety. hereinafter calJed the
(H_m-t 1itI-. MitftsllllltltksaiptiDn oFptrJ~)
NOW, TIiEREFORE. if the Obligee shall accept the bid oftbe the Principal shall enter iDto a Coutrlct with the Obligee in
accordance with the tams of such bid, and pve such bond as may be specified in the biddiD& or Contract Documents with
good and sufficient surety for the faithful perfi f.1 and for the prompt payment of Tabor and material fumi.shed in
the prosecution thereof. or in the event of the. of A.e 'pa1 to enter such Contract and give sucb bond or bonds. if the
Principal shall :y to the Obligee the difference the pWlt hereof betwan the IDlCIUIlt apecified in said bid and such
larger lJDount 1: which the Obligee may in good fiitIl with an~r party to perfonn the Work covmd by said bid. then this
obligation shall be null and void, otherwise to re~ in force and effect.
Signed and sealed this day of 20 \ ' I ~
f.t
(P/inI:ijRJ)
(SaI)
(Witness)
(Tilk)
(Surr/y)
(SaI)
(Witness)
(Tj/k)
o 1970 THE AMERICAN INSTITUTE OF ARCHITECTS. 1135 NEW YORK AVENUE. N.W.. WASHINGTON, D.C. .t\lUUIt"52tl. AlA DOCUMENT AltO - BID
BOND. FEBRUARY 1970 EDITION. AlA_ . Unlicensed photocopying violates U.s. copyright IilWs and Is subject to IepI prosecution. This document
WilS electronically produced with permission of the AlA and un be reproduced In accordance with your IIceMe without violation until the dilte of
expiration I. noted below. User Document: dlOmast.lla - V4I1002. AlA license Number 1123291. whkh expirws on 1Il1l2OO3.
Electronic Formlt AlIO-1970
I
2/25/2004 10:48 AM
PROPOSAL FORM
00110-4
~
MONROE COUN1\'
CONSl'RUCnON MMAGEMENT
MEDICAL EXAMINER'S FACILITY
SECTION 00110
1IMEz
RECEIV!D B'6
NON-COLLUSION AFFIDAVIT
I,Am~,4c1o~#I?j;(/.~('~ity )?1(qdJ/ / ~~//d~
according to law on my oath, and under penalty of perjury, depose'and say that:
1. lam ?/f?5;t:!p.4r
of the firm Of~ /? 7/ ~t' e 4 UA SoT,LV C?;() rl Q,,-p .
the bidder making the Proposal for the project described in the notice for calling
for bids for:
'pt"r!/Cl!t/ ,di,U?,,"'~I'/!s ;;:CL~~ C.n'w/4~ .
~" ret ~ Cd. IV~""'J t! ~
and that I executed the said proposal with full authority to 00 so; :1'.
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. unle~s 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;
-9-/ ~--PY
(Date)
STATE OF; ~r;c1~
COUNTY OF: ltin1-1 - ':DtIt d ~
. Pj;,BSONA.L.L Y APPEARED BEFORE ME, the undersigned authority, AI" /?1 t? /? c!&J J:
'117/ CI t'//A. who, after first being sworn by me, (nab ~~ndividual signinw affixed his/her
signature in the spaO qOVided above on this / day of ~~./ t-
,20 .
2/25/2004 10:48 AM
PROPOSAL FORM
00110-5
~
MEDICAL EXAMINER'S FACILITY
My commission expires:
~
NARY PUBLIC
f -1- ;)dt!J6 t:~==B506
,,.) expires AuguSt 01.2006
2/25/2004 10:48 AM
PROPOSAL FORM
00110-6
~
~ .- "..' "...., .......~, ,-.._- .-.----
SECTION 00110
MEDICAL EXAMINER'S FACILITY
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ 7/ C/t? /~ t:;/1 50 Tttep'c Z't');?
(Company)
t; /? .
-
"
" warrants that he/it has not employed, retained or otherwise had act on hislits 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, consideration paid to the former
County officer or employee".
I
Date: -9~ ~ -I!JCf
~ .
STATE OF: f'/'//c'~
COUNTY OF: ""'n1, II #71 - 'J>~d e.-
Subscribed and s~o (or affirmed) bef~e on. .q ~;e" L ~ 6"" :;::J." p S/ -
(date) by ~H'7t?4c'l'J -s: ~./17/c~fJ'A ~ (name of affiant). ~/SheJL
Rersonally known to me or has produced
as Identification. (type of identification)
2/25/2004 10:48 AM
~~
It) _I _ t:h?t!'J ~ ~ ~ i My Ccm..-iun 00138508
'0 0;" Exp!resAugua01.2008
PROPOSAL FORM 00110-7
~
My commission expires:
MEDICAL EXAMINER'S FACILITY
MONROE COUNTi
CONSJitUcnON MANAGEMENT
-
IBEMDw
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~7;cr~~ ~/1507;t!.vc7/t7rl ~-,,?
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the' statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
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 certi
above requirements.
ith the
'-.
~ -/ ~--~ Y"
Date
2/25/2004 10:48 AM
PROPOSAL FORM
00110-8
J
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ 4ri -e / lot t;; I? S Uv c ~ ,.., (;, ,t:arrants that helit has not employed, retained
or otherwise had act on hi slits 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 forme
ty officer or employee.
!
Date: y:..- :1-- CJ ~,-
STATE ~ // cI ~
COUNTY 0011 ( ~ mi - Yo d e
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
4rn (/ /J c/o ~ ~ ?:/t f:' ~ho, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this f k day of
~M JUT _,20<91.-
"'~.
~/Q
NOTARY PUBLIC
, ~t\. Herrmnia M Fonticiella
My commission expires: !,J. My Commission 00138506
~1:.1 Expires August 01, 2006
OMB - MCP FORM #4
03/26/2884 16:14
3852264165
FONTICIELLA CONST OR
PAGE 02/86
MEDICAL EXAMINER'S FACILITY
MONROE UN1\
CGNS1URON ENT
APR
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
IE:
RB:EIV!D BI
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required In the event an award is made to your firm. Please re"ieW this fORn with your
insurance a{lent and ha'le him/her sign it in the plaoe provided. It is also required that the
bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
WCJA
x
X
Workers' Compensation
Employers Uabillty
Employers Liablllty
Employers Uabllity
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Umits
$100,000/$600,000/$100,000
$500,000/$500,0001$500,000
$1 ,000,000I$1.ooo,000J$1 ,000,000
Same as Employers'
liability
Same as Employers'
Liabifity
2/25/2004 1 :>:48 AM
_.~ ~ <\?G i
PROPOSAL FOR~ 000110-9
~
04/13/2004 14:47
3052264165
FONTICIELLA CONST OR
w.. ~,_ _ "__ .. _ __._ Ou _ _________.
PAGE 03/06
MEDICAL EXAMINER'S FACILITY
,.,...,...Mf!NROE COUNTY
WlNIRUcnON ~ENT
As a minimLIm. the required general liability coverage win include:
GENERAL LIABILITY
..
RBD!Dw
· Premises Operations
· E~anket Contractual
· Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Gl1
Required Lirnits:
GL2
GL3
GL4
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300.000 Combined Slngl. Umit
$250,000 per Person; S5OO,OOO per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1.000,000 Combined Single Limit
55,000,000 Combined Single Umit
x
Required Endorsement:
GLXCU
GLUe
GLS
x
Underground, Explosion and Collapse (XCU)
Liquor Uabllity
Security Services
All endorsem ants are required to have the same limits as the basic poUcy.
.~~I
;jU
,~~
2/25/2004 10:46 AM
00110-10
APR
4
~
,04/13/2004 14:47
3052264165
MEDICAL EXAMINE~S FACILITY
FO-ITICIELLA CON5T CR
PAGE 04/06
VEHICLE LIABILITY
AS a minimum, coverage should exlend to liability for:
VL2
VL3
VL4
BR1
MVC
PR01
PR02
PR03
Agg.
POL1
POL2
POL3
ED1
E02
GK1
GK2
GK3
VL1
Required Limits:
· Owned; Non-.owned: and Hired Vehicles
x
-X-
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300.000 per Occurrence
$50,000 Property Damage
or
$300.000 Combined Single Umit
$500,000 per Person; 51,000,000 per Occurrence
$100,000 Property Damage
or
$1,000.000 Combined Single Umjt
$5,000,000 Combined Single Umi!
MISCELLANEOUS COVERAGES
Builders'
Risk
Motor TNCk
cargo
Professionsl
liability
Poflutlon
Liability
Employee
DIShonesty
Garage
Keepers
Umits aquallo the
completed project.
limits equal 10 the maximum
value of anyone shipment.
$ 250,000 per Occurrertcel$ 500,000 Agg.
I 500.000 per OccummcelS1,ODO.OOO Agg.
$1,000,000 per Occurrencel$2,OOO,ooo
$ 500,000 per Occurrencel$1,OOO,OOO Agg.
$1,000,000 per Oocurrencel$2,OOO,Ooo Agg.
$5,000,000 per Occurrence/$10,OOO.OOO Ago.
$ 10.000
$100,000
$ 300,000 ($ 25.000 per Veh)
$ 500,000 ($100,000 perVeh)
$1,000.000 (S250,OOO per Veh)
PROPOSAL FORM 00110-11
'~''?1O
;' ",/rlt<-...-'
'/~, '7/,' ;C,> .
\_ /C.:.1/!-' ~'L '"
~
2/25/2004 10;48 AM
04/13/2004 14:47
3e52264165
F(]\/TICIELLA CONST CR
PAGE 05/06
MEDICAl EXAMINER'S FACILITY
2/2512004 10:48 AM
~~~ ~~ /00110_12
/ l/ / .. j, k' c: 7?,,{
,/'\ / (..../<.... . v(;;~
(:.-/
~
.'
03/26/2004 16:14
3052264165
FONTICIELLA CDNST CR
MEDICAL E)<AMINER'S FACILITY
-
2aa~
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles lilpply to the corresponding policy.
POUCY
~~ u.2~ /I/~;::',f'7.U)Ji
(pJ.~ ~J:~ ~74~.7~..2.b
f~UJ1A~ /J~.f).;.yt-~.8AP
~ Uablllly polic~es are Occurrence
DEDUCTIBLES
i I~ tJ () 0
Ji
,
pi
"
.;::n ~ etJll.l!g# /<Or rr- '!J-;
Insurance A ncy
_Claims Made
~ ~Q,,-O/
Sign
BIDDER'S STATEMENT
I understand the Insurance that will be mandatory if SlW
with all the t'equirements.
"tract and will comply in full
~(yl ~U/1 cahr. Cl?ef
Bidder
END SECTION 00110
212512004 -10:48 AM
PROPOSAL FORM
00110-13
~
AC; 0 4 7811 0
DATE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SFQ#L020709~
I 07/Q';;2 002 C:~::::::~i :~:::9~R
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2004
FONTICIELLA, ARMANDO J
FONTICIELLA CONSTRUCTION CORP
11400 W FLAGLER ST SUITE 206
MIAMI FL 33174
-
_leu
ECOUNr.
MANAGEMENT
2004
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BINKLEY-SEYER
SECRETARY
AC~Q,~J_46'~8:," STATE OF FLORIDA
,.... :',' . ,:; ::':'-;'DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
..,;, : '\:~." Y" CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L030609009:
: . LICENSE NBR ' '~'. ,..;. \ i .
.-..
-~.. :~ i, :" .,
06 09 2003 200463130 B0016170"".' ~,. 'i~;',' ,I~' r.
The BUSINESS ORGANIZATION J!~;f ..;:'< ,.. .
Named below IS QUALIFIED '1, I. ; ,~/,,~,
Und~r t~e provisions of Chapt;fi~;i.1~iS};:F~.~... J .:,r',[L;:.;::;
Exp1rat1on date: AUG 31, 2005;11M",I;~,;:,,:..., ;':' " ,. ,~:. 'i'
(THIS IS NOT' A LICENSE TO PERFORM;I:'WORK e', THIS. ALLOWS
COMPANY TO DO BUSINESS ONLY IF,';:r1<'HAS ~'QUALIFIER.)
'-', - '-' "''''-;-. .', .:. -. .
FONTICIELLA CONSTRUCTION CORP ,',-,~". '_'\ ',i/\;:.:,;o:', .
11400 W FLAGLER STREET STE 206 :, " ..'
MIAMI FL 33174 ' . ",i.,..
JEB BUSH DIANE CARR
GOVERNOR SECRETARY
..
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Subscribed and sworn to (or affinned) before me on Cf -I S- - tJ ({ by ,4/~ t? /7 tI D :s.
~ n n ~~ // ~ (name of affiant), ~e1She is personally known to IJl!; or has produced
";....tifiation. ~~
Notary Public
My commission expires: ~ - / - Jr:';tJ (;
~Jtt,. ......u Fell....
.. !y-j MrCOll,,,'" 00138508
\.~~ Expires August 01,2008
~
04/06/2804 08:40
3052264165
Fm'ITICIELLA CONST CR
1
MEDICAL EXAMINER'S FACILITY
'IUlun/
Bid Bond
THIS DOCUWENr HAS IMPORT^,,", LEGAl. CONSEQUENW: CONSULTATJOtl wrm AN ATTOmP:i IS ENCOLIR.AGED WITH RESPECT TO ITS
COIofPlETtON Ol WODIFTCATION. AUTHENTlCATIO~ OF mlS El.ECIlI.ONICALLY OlW'TED AlA OOCUMBNT MAY BE MADE BY WI~G AlA
DOCUlwlmT 0-.
KNOW ALL M:~N BY TIiESE PRESEm'S,lhal we
FONTICIELLA CONSTRUCTION CORPORATION
(H<<wm MlIWMMt/ ~or /q~1 ti/Jl!o/O>ninnor)
Great American Insurance Company
(Ikrr ~ Mf _OUHI MitJrM or li:pIlilwofSumy)
a corporation duly ol'lanized under lbc lawc of Ole Stale of as Sunly. hmiDlfter called Ille Surety. are held and firmly bound unto
Monr 0 e Coun ty (H6rinIDIliIII_Mld -*Itrs or 1tJ.J tliJroFOwnq)
-----Five Per.c~Ilt of Amount Bid-----
as Oblilft. heninafttr calJcd the Obligee, in thf sum of Dollm (s ), for the payment of which sum well and truly to be mlde. lhc uid
Principal and \lIe laid Surety, bind ounelvet, O\Ir heiD, ex<<UlOrs, administntors, successors and usigru., jointly and xverally,lirmly by
lhele pmenlS.
IS Principal, bel eind\er aJled the Principal, aJ1d
WHEllEAS.. lhe Principal hIS submiU.ed a bid. for
MEDICAL EXAMINER.' S FACILITY, CRAWL KEY
fIh't i/lllfl1 MI"._ ___ Mtltkraiptitmol' pm/<<l)
'....:
\.
" '" "
l oj
Armando J. Fonticiella, President
Great American Insurance Company
z:L:..v. ~..'<;;;:~:0~;'"
fD"tkJ ~. ,.......j ~~. . (,.
.' ~ ~"*' \ ':I, \. "", ~ f":
Charles D. Nielson, AttQ'r'nay.-tn-~aet \','-'. "~
and Florida Resident AgJxit i "::-, +. -',..j
~ i, ,:.',. \~,.. ::.. ,;' ...-, ' . ~
~ - .~ '-,'" ""..; ...~ ,/,( :'":.
' . "-/ '~'''-
,'," .-",:.~ ;,,/
,.", I ~ ,~ .'
""Jj';;~~";l":-~ ::.i.~'\'-
'W"191O IHE AME/IICAN 11't511lUTE OF MCHlTECTS, 17J5 NEW YORK AVENUE. N.Wq WASHINGTON, D.C. 20006-5292. All. DOCUMENT 1.310. aID
BOND. FEBRUAA" 1970 EDITION. AI.... . Unlansecl pf.o'lICOpylna vlalale, u.s. copyr1Shr '-- ancll. ,ubjecT to leaa' prosecution. ThIJ clocumen.
wu el~'ranlc-'Iy produced wi'" ptrmls.lon of The AlA and cln b@ rtprodUCfd In KCOIdlrlcI with your IIc.ns~ wlrhcM vlol.tlon until the date 01
uplratlon liS notfd below. USI!t DOCIJIMIItz d1Om.sr.al... 21412001. All. LIcense Number 1123291, which expires on 11]\/100].
Electronic 'ormar AlT().!970
1
2/25/2004 1 Q:48 AM
PROPOSAL FORM
00110-4
~
-. .. - _.._~..-._._._........._....
TERRORISM COVERAGE RIDER
MONROE courm
CXIIIIUCIlON MANAGEMENT
APR 1 04
L.
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
..
The Terrorism Risk Insurance Act of2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the .government or population of
the United States.
To be attached to and form part of-Bond No. N / A , effective 04/15/04
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including,. but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage PartJPolicy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
~
,-.-...... ,-,-. ~''''''r''.1 ...,__..,..___.__..
unl:;,.,u "",v'l:;nl"'''''''f 1I'f~Un""''f'''E: \"VIVIr-"".'f , ~WU!l'.,
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 . FAX 51_ ~
The number of persons authorized by PR 1 5~'
this power of attorney is not more than Five No. 01 n15 ~ ~
POWER OF ATTORNEY \:.
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporatltE:~at.a"n Qllist;,
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons~elow its true and
lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings
and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the
Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of
the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Charles J. Nielson
Charles D. Nielson
Warren Alter
Gloria McClure
Name
Marv C. Aceves
Address
Umit of Power
All Unlimited
all of
Miami Lakes, FL
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 26th day of March ,2003.
Attest GREAT AMERICAN INSURANCE COMPANY
/
"'\':''';. h
'j
DOUGLAS R. BOWEN (513-369-3811)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 26th day of March, 2003 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division
of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said
Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of
said Company, and that he signed his name thereto by like authority. .
.i';,
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond.
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 15th day of April 2004
S.1157 E (9101l
Assistant Secretary
~
""
ADDENDUM NO 1.
29 MARCH 2004
The proposed Contract Documents for the project titled
MEDICAL EXAMINER'S FACILITY
CRAWL KEY, FLORIDA
M.M. 56.5
are modified as follows:
ITEM #1 :
THE BID OPENING DATE OF 7 APRIL 200415 CHANGED TO 15 APRIL 2004.
THE TIME REMAINS THE SAME.
THIS IS PAGE 1 OF 19
~
Iii
HARVARD
JOLLY
CLEES
TOPPE
-.-
ARCHITECTS, PA
A I A
BOARD OF DIRECTORS
R. John Clees, AlA
Jeffrey E. Cobble, AlA
Michael K. Hart, AlA
William B. Harvard, Jr., AlA
Steven M. Heiser, AlA
James A Shawhan, AlA
Jonathon R. Tappe, AlA
Blanchard E. Jolly, Emeritus
Bradenton
Ft. Lauderdale
Ft. Myers
Orlando
St. Petersburg
Tampe
3201
W. Commercial Blvd.
Suite 225
Ft. lauderdale, FL
33309
954-486-7910
www.hjct.com
MCOOOll9
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
CRAWL KEY, FLORIDA
HJCT PROJECT# 01160
HARVARD JOLLY CLEES TOPPE ARCHITECTS, PA, AlA
3201 WEST COMMERCIAL BOULEVARD, SUITE 225
FT. LAUDERDALE, FLORIDA 33309
ADDENDUM NO.1: MARCH 26, 2004 - TO BE ATTACHED TO AND FORM A PART OF THE
FOREGOING CONTRACT DOCUMENTS, FOR THE NEW MEDICAL
EXAMINER FACILITY
TO:
THE GENERAL CONTRACTOR AND ALL OTHERS TO WHOM
CONTRACT DOCUMENTS HAVE BEEN ISSUED BY THE OWNER.
PART 1 - REFER TO ARCHITECTURAL DRAWINGS
1.01 SHEET A11.4
A. ADD SUPPLEMENTARY DRAWING SDA 11.4-1.
1.02 SHEET A14.1
A. ADD SUPPLEMENTARY DRAWING SDA14.1 AND SDA14.1-2
PART 1 A - REFER TO ARCHITECTURAL SPECIFICATIONS
1.01 DIVISION 4
ADD THE ATTACHED 2 PAGES SPECIFICATIONS OF - "MASONRY MAT AND
CA VCLEAR"
1.02 SECTION 07411 - METAL ROOF PANELS
1. PARAGRAPH 1.6-G - QUALITY ASSURANCE
A ADD PARAGRAPH NUMBER 5.
5. MOCK UPS TO BE AVAILABLE AT JOBSITE FOR PRE-INSTALLATION
CONFERENCE AND IS TO REMAIN AT JOBSITE THRU JOB COMPLETION.
2. PARAGRAPH 1.10 - WARRANTY
A. ADD THE FOLLOWING PARAGRAPH "0"
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
March 26, 2004
~
D. SAMPLE WARRANTIES ARE TO BE PROVIDED WITH SUBMITTALS.
3. PARAGRAPH 3.4-0 - METAL ROOF PANEL INSTALLATION, GENERAL
A. ADD PARAGRAPH NUMBER 2.
2. WHERE PRECOATED METAL HAS BEEN CUT TO FORM SHAPES,
ACCESSORIES, END OF PANELS, OR SCRATCH, THE MANUFACTURES
APPROVED COATING SHALL BE APPLIED, IN THE SAME COLOR AS CHOSEN
COLOR SELECTION OF PANELS.
1.03 SECTION 07600 - FLASHING AND SHEET METAL
1. PARAGRAPH 1.2-B-2 - WORK INCLUDED
A CHANGE PARAGRAPH TO READ "STAINLESS STEEL FLASHING AROUND
PLUMBING VENTS AND LEAD FLASHING AT ROOF DRAIN SUMPS."
1.04 SECTION 07820 - 'TRANSLUCENT PANEL SYSTEM"
1. PARAGRAPH 1.04-F - QUALITY ASSURANCE
A ITEM NUMBER 1 ADD THE FOLLOWING SENTENCE:
1. THE SYSTEM SHOULD MEET ALL BUILDING CODE REQUIREMENTS
AND ALL DESIGN LOADS AS DESCRIBED IN PART 1 B -
CLARIFICATIONS - 1.04
B DELETE ITEM NUMBER 2 IN ITS ENTIRELY.
2. "THE TRANSLUCENT GLAZING SYSTEM MUST HAVE A CURRENT
DADE COUNTY NOTICE OF ACCEPTANCE NUMBER, ETC"
1.05 SECTION 08710 - "FINISH HARDWARE"
2. HARDWARE SETS
a) ADD HARDWARE SET #19A
SET #19A
6 Hinges
1 Exit Device
1 Exit Device
2 Closer
2 Door Stop
2 Weatherstrip
1 Smoke Seal
2 Auto Door Bottom
1 Threshold
T4A3386 4Y2 X 4 1/2 NRP
HC 8710 F ETB-DT
HC 8713 F ETB
351 P10
470
303 AS 84"
S88 D 20'
434 APKL 36"
171 A 72"
32D
32D
32D
EN
US26D
MC
SA
SA
SA
RO
PE
PE
PE
PE
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
March 26, 2004
~
2. OPENING LIST
A ADD ROOM: Exit 136
ODenina
136A
136B
Hdw Set
8
8
ODenina label
HM
HM
Door TVDe
Frame TVDe
HM
HM
B ADD OPENING: Exit 130
ODenina
131C
Hdw Set
19A
ODenina label
HM
Door TVDe
Frame TVDe
HM
C ADD ROOM: Autopsy
ODenina
132A
133A
Hdw Set
13
13
ODenina label Door TVDe
HM
HM
Frame TVDe
HM
HM
PART 1 B - CLARIFICATIONS
1.01 GENERAL CLARIFICATION REFERRING TO DOORS AND STOREFRONTS: PLEASE
REFER TO DRAWING A15.1 AND SPECIFICATIONS FOR WIND LOAD CRITERIA
REQUIREMENTS. THE ENTIRE BUILDING ENVELOPE INCLUDING ENCLOSURE OF ALL
OPENINGS SHALL COMPLY WITH FLORIDA BUILDING CODE 2001 WITH REVISIONS
WIND DESIGN PER ASCE 7-98. TO ACHIEVE THIS THERE ARE TWO OPTIONS:
OPTION 1. PROVIDE SHUTTERS FOR ALL DOORS AND STOREFRONTS. TO PROTECT
THE OPENINGS, AND TO MEET THOSE REQUIREMENTS OR
OPTION 2. PROVIDE DOORS AND STOREFRONTS MEETING THE SPECIFIED DESIGN
CRITERIA (INCLUDING WIND LOAD AND IMPACT RESISTANCE) AND
TESTED IN ACCORDANCE WITH MIAMI DADE TESTING REQUIREMENTS
(PROVIDE N.O.A. CERTIFICATE)
ALL LOUVERS ASSEMBLIES SHALL MEET THE SPECIFIED DESIGN CRITERIA
(INCLUDING WIND LOAD AND IMPACT RESISTANCE) AND TESTED IN ACCORDANCE
WITH MIAMI DADE TESTING REQUIREMENTS. (PROVIDE N.O.A. CERTIFICATE).
PROTECTIVE SHUTTERS CAN NOT BE USED.
1.02 PROVIDE "MASONRY CAVITY MORTAR MAT" WHERE SPLIT FACE BLOCK VENEER
HAS BEEN APPLIED AND THERE IS AN AIR SPACE. SEE ATTACHED SPECIFICATIONS.
1.03 IN GENERAL ALL FASTENERS AND ANCHORS AT WINDOW FRAMES, LOUVERS,
STOREFRONTS, SHUTTERS, VENTS, THRESHOLDS, FASTENERS THRU ALUMINUM
AND INTO CONCRETE TO BE STAINLESS STEEL.
1.04 STRUCTURAL CLARIFICATION. THE UPLIFT REQUIREMENT FOR THE TRANSLUCENT
CANOPIES IS 50 PSF LB PER SQUARE FT. (GROSS UPLIFT).
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY March 26, 2004
~
Attachments:
Pre-Bid conference meeting minutes
List of Attendees
2 pages specification for "Masonry Mat and CavClear"
Civil Addendum#1
M.E.P Addendum#1
SUBMITTED BY:
YVETTE V. lONDON, AlA
VICE PRESIDENT
HARVARD JOllY ClEES TOPPE ARCHITECTS, P.E., AlA
ATTACHMENTS: AS NOTED ABOVE
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
March 26, 2004
~
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
CRAWL KEY, FLORIDA
HJCT PROJECT# 01160
HARVARD JOLLY CLEES TOPPE ARCHITECTS, P.A., AlA
3201 WEST COMMERCIAL BOULEVARD, SUITE 225
FT. LAUDERDALE, FLORIDA 33309
URS CORPORATION
7800 CONGRESS AVENUE, SUITE 200
BOCA RATON, FL 33487
ADDENDUM NO.1: March 26, 2004 - TO BE ATTACHED TO AND FORM A PART OF THE
FOREGOING CONTRACT DOCUMENTS, FOR THE NEW MEDICAL
EXAMINER FACILITY
TO: THE GENERAL CONTRACTOR AND ALL OTHERS TO WHOM
CONTRACT DOCUMENTS HAVE BEEN ISSUED BY THE OWNER.
PART 2 - REFER TO CIVIL DRAWINGS
1.01 SHEET C03:
A. REPLACE SHEET C03 WITH THE ATTACHED REVISED C03 DRAWING, REVISION
DATE 03-19-04 (Revised access road coordinates and revised curve data; added coordinate
of the existing found iron pipe).
1.01 SHEET C05:
A. REPLACE SHEET C05 WITH THE ATTACHED REVISED C05 DRAWING, REVISION
DATE 03-19-04. (Revised building corner coordinate, added additional building corner
coordinate, and added building offset dimension from access road centerline)
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
0'1
March 26, 2004
~
PART 2A - REFER TO SPECIFICATIONS. -SEC.02741
2.01 REPLACE 2.2-A WITH:
A. Prime Coat (Asphalt Binder):
1. Prime coat shall be Grade RC-70, cut-back asphalt, F.D.O.T. Section 916-2.
2. Prime coat shall have full compatibility with surface treatment asphalt.
3. The bituminous material shall conform to the requirements of the Florida Department
of Transportation Standard Specifications for Road and Bridge Construction, Section
300-2.
4. The sand for cover shall be clean dry sand.
2.02 REPLACE 2.4-A.2 (FDOT TYPE III) with FDOT Type S-1I1
2.03 INSERT 3.1-E
E. Prime Coat (Asphalt Binder):
1. After base course has completely cured and is dry, remove loose material, dust, dirt,
and foreign material, which might prevent bonding of prime coat.
2. Apply prime coat at rate of not less than one (1) gallon per 10 square yards.
SUBMITTED BY:
ROBERT ZUCCARO, P.E.
PRINCIPAL CIVIL ENGINEER
URS CORPORATION
ATTACHMENTS: AS NOTED ABOVE
ADDENDUM NO.1
MONROE COUNTY MEDICAL EXAMINER FACILITY
01
March 26, 2004
~
MONROE COUNTY
NEW MEDICAL EXAMINER FACILITY
M/E/P ADDENDUM No.1
MARCH 26, 2004
MATRIX PROJECT NO. 02-1270R
PREPARED By:
Engineering Matrix, Inc.
2870 Scherer Drive
Suite 100
St. Petersburg, Florida 33716
The following Addendum is made and hereby becomes a part of the contract documents
for the subject project.
INSTRUCTIONS
A. This Addendum to the Specifications is issued prior to the receipt of bids.
B. All work covered in this Addendum is subject to the General and Special
Conditions.
C. This Addendum shall be acknowledged on the Bid Form and the cost of the work
herein specified shall be included in the Base Bid and/or Alternate lump sum
amounts.
D. If this Addendum lists additional acceptable manufacturers, manufacturers listed
remain responsible for meeting the design and performance criteria of
specifications and drawings, as shown.
CHANGES TO SPECIFICATIONS
Item 1.
Refer to Specification Section 15975, Building Management and Automatic
Temperature Control System.
o Part 1, General; Paragraph 1.02, Scope, Subparagraph B; Item 6,
Approved Manufacturers.
ADD Subitem c to read as follows:
c. Siemens Building Technologies, Inc.
~
MONROE COUNTY-NEW MEDICAL EXAMINER FACILITY
M/E/P ADDENDUM NO.1
MARCH 26, 2004
PAGE 2
o Part 4, Sequence of Operation.
~ Paragraph 4.01, Variable Volume Air Handling Unit.
CHANGE title of paragraph to read "Variable Volume Air Handling
Unit (AHU-1)."
~ Paragraph 4.02, Constant Volume Air Handling Unit (100%
Outside Air Unit).
CHANGE title to read "Constant Volume Air Handling Unit (100%
Outside Air Unit AHU-4}."
***END OF ADDENDUM NO.1 ***
~
SECTION 04220
MASONRY MAT AND CAVCLEAR
PART 1 - GENERAL
1.1 SUMMARY
A. Masonry Mat designed for airspace maintenance, mortar dropping prevention, and drainage of
masonry cavities.
B. Weep vent material
1.2 SUBMITTALS
A. Submit two samples masonry mat, 6 x 6 inches in size, and manufacturer's product datasheet.
Label samples indicating thickness to be used.
B. Submit two samples weep vent material, actual size and color, and manufacturer's product
datasheet.
1.3 DELIVERY, STORAGE AND HANDLING
A. Store masonry mat airspace maintenance material in clean, dry, sheltered area, off ground, until
used. Protect packaging from direct prolonged exposure to sun.
PART 2 - PRODUCTS
2.1 MASONRY MAT AIRSPACE MAINTENANCE
A. Manufacturer and Type: CavClear Masonry Mat as manufactured by Archovations, Inc., PO Box
241, Hudson, WI 54016, (888) 436-2620.
1. Description: Full-height Airspace Maintenance and Cavity Drainage Mat. The masonry mat
shall be specifically designed for masonry cavities to prevent mortar from making contact with
the backup and ensure water management. The masonry mat shall be fluid conducting, non-
absorbent, mold and mildew resistant polymer mesh consisting of 100% recycled plastic with
binder. Masonry mat is to be a non-woven textile product in random pattern and have voids no
greater than 1/4" in diameter. Masonry mat is to be installed substantially continuous behind the
full-height of all masonry.
2. Thickness: Select masonry mat thickness of 1-3/4 inches to allow no more than 3/8 inch
tolerance between the masonry mat and masonry wythe.
3. Sizes: 16 inch x 8 foot pieces. 8 inch x 8 foot pieces when needed to accommodate other
building components.
2.2 WEEP VENT MATERIAL
A. Manufacturer and Type: CavClear Weep Vents as manufactured by Archovations, Inc., PO Box
241, Hudson, WI 54016, (888) 436-2620.
1. Description: Non-woven mesh with M-notched bottom. Color to match mortar selected by
Project Architect.
2. Size: 3/8 inch by 2-1/2 inches high by 3-1/2 inches wide.
@2004, HJCT/01160.06
MASONRY MAT AND CAVCLEAR
04220 - 1
~~
PART 3 - EXECUTION
3.1 INSTALLATION
A. Install masonry mat continuously throughout full-height of all exterior masonry cavities during
construction of exterior wythe; follow manufacturer's installation instructions. Verify that airspace
width is no more than 3/8 inch greater than masonry mat thickness. Install horizontally between
joint reinforcement. Stagger end joints in adjacent rows. Use multiple layers at bottom of wall and
above through-wall flashings when airspace depth exceeds masonry mat thickness by more than
3/8 inch. Extend extra mat at least to top of base flashing. Butt adjacent pieces to moderate
contact. Fit to perimeter construction and penetrations without voids.
B. Place weep vents in head joints at exterior wythe of cavity wall located immediately above ledges
and flashing, spaced 24 inches on center, unless otherwise shown. Install with notched side down.
Leave the side of the masonry units forming the vent space unbuttered and clear of mortar. Slide
vent material into joint after the two masonry units forming the weep vent are in place.
@2004, HJCT/01l60.06
MASONRY MAT AND CA VCLEAR
04220 - 2
~
'\
. nIlClWl.~""""
-$-
18'-0.
dt: f1 fg
"If lr
I 0 ,
~@
2.1.21' ~
b:
n
~ ~
\4- \llHlTE STRIPE (TYP)
~I ~ I '"'-0'
. ~
9ro~ )
~. '" ~~ +
,I .!.
..~ ~% ~ ~ I~
~i ~~ a a~~
~. ~~ . ~~~
ji p~ ~~~
~ .~ ll.'
~ o~
!
~
Oi II!.
~
..llE
IlI1lE !6i!li
Ii.hlli lillll
l'
iE
~J
..
. .
~ ~
I
I
<5 ~ '" :'l '" '"
~~ j~; ~~ ~~ i' ~~ ~~ ~~ !~ ~~~ ~~~ ~i~ ~~~ ~
~i i~~ ji ~~ ~~ ~~ ~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~ ~
i~ @~i !~.' ~~ ~~ ~. ~~ I~ ~~ ,~! i~~ ~~~ ~.q ~
'. -~"! c~~. ~~ .f .~ z. .~ ~~. Qi~ c~i .
~~ ~c~ ! ~~ .~ ~~ ~~ ~~ ~~ ge 3~a ~~~ ~.. i
~~ ~~~ ,I ~~ i~ ~~ ~~ ~~;; ~I ~5~ ~~~ ~~i ~
~i "I~ -;~ 8i $1 !~ ~~~; ~~ ~~~ ~~~ ~~~ ~
~. ~~~ ~ ~~ -. c ~^ .. IZ ~~ '~J ~. ~_, ~
!~ ~~i ; i~;i ii "Z~ ~~;I ;~ ~~~ ~~~ ~~~ ~
2~ H~ ~ ~~ ~~ ~ ~.. o. ~~ e; ~.~ Q~~
~~ .~~ ~.~ ~g e.. ~~ ~~ ~~ a~ ~~~ ~~~
c. ~~2 0 I i~ ~ i~ ~~~. i~ ~~ ~,~ ~~~
~I "Ii ~ !~! ~'~~! ~~ ~I ~~ 01; ~~!
~! .~ ~ ~ ~ ~ ~ ~.~ ~ .~ ~~ ~;;1
! ; ~ rn . ~ ~ ~ H . ~ ~~ ;.
": ~ ~ co "";;; :;;:
~~i~ ~~ ~~~~~ ~il 'ii~~o~~ ~o~rn~~ ~~~ ~~~I
.~.. em c~..~ ..~ ~~'Q .~@~ ~.~ ;o~o
m~i~ g! ~~m!~ ~;~ ~~~~~ ~g~~~ s~1 ~~i~
i~~~ il ~;~i~ IiI ~~i~~~ ~~~~ ;~; ~i~1
.~.~ ~~ ~~'~ 3"0 i.~.c~ c~. ";~ "~~
~li~ i! ~~!i ~~~ I~~~~~ ~i~~ ~;i I~~!
~~~.~. .~~~ ~I; ~~io~i ~~~I c~~ ~~.
~~~~ ~~ ~~"i ~ . ~~~j,~ .~~. B~ .~~
~mo~ ~ 9~z~ ~ ~ ~~~~~ ~~em ~o >~~
ciit ~~ ~~i. ~~~ ~~mz~~ ~ia~ ~~ ~~~
~~., J~Z ~~;~ 08" .~~~~~ ~.~~ o~ ~~Q
~~~~ ~ ~i~i ~~! i~~~~~ ~~~! :~ i!i
..~- "~m. .~~ -~..~z ~"i ~ Z"
~~~~ ~ ~~m8 ~~~ i~~~.~ ~~~~ ~~ ~..
I~~ ~I .~~~ ~i~ ~. ~~~~~ ~~~ ~I ~~m
.z. ~. ~.~ 8.... ;' .z .. m
~;~ ~~~e .~~ ~~~~m~ ~ ~ ~~ ~
~oj) c ~'J" ~~ ~~~ ~ Z
~ m ?~~~ ~~
1m, !ill
.- E ~
.
~
i:!;f ~
pils
.1111
~c
ii I
-$-
-$-
1.1.3
~..
.
~
~
"
"
i
i~~~~
I~ S
" ~
i ~ U ~
" ~~ g
~ ~~ a
I~
;;9
A
~W~UI
'oBi,.
"I~"!
" ,'Ii
zi !,~
U!!hl
",;i>a;.'
ulm
a ~"'a
i
1.11,"1111 (I I MOtR)E COlM'Y
II nil · ~AL EXAMtER FACI.JTY
II 11,1 ~ CRAWL KEY, FLOIlDA - HOIIZONTAI. CON'TIlOLIEII08 CONnlCL
II 3 ii REWBl CCNmIUC1lON IlClQM!NTQ8 .LIE ~, llOOIl - flBIaB) _ e, 2004
. . I,!,: ! I,'i ! t,l: I,!: "Ii ;,il, > n3::' Co -
.,,, I'!,' ':~I ''!f I,!, ''!, I~'~-.II.
~
~
. fW:CIIIL-owoLOIfO
"t: ~ !:
': Ii 1!f!J ,r
8 ~ fl
n ~ ~
~
~ n
z
0
~ ~
~ n
"
z
"'
t
1 >:r< y t <"
~ ~ '" ~
ili
i ~ ~ '-
'> ~
~ I I ~
~ <;l
~ ~ ~
~ 'j 'j z
z ~ ~
" 'j
~
,~. \-:, ~ 8 ~
~ ~ ~ ;: ~
~ ~~~~
~ C);:J r ~
~ ~ ~ :s:::
;.; ~
~
~
~
Ii,
i II i-~ ~
,:!I I ;~' ~
iHh ' ,e
00
:'W'l!.2~!..; ;. ~~
d~!h!dUd~!~~ I !~
l!im:ji~a!liH. ~ i ~!
i'~',oS",'~.h" . H
li~l~~"h~~!-'!! !~
~,gt~~!~~"liil~! ,.
~iil"61.Ui'i:a~' ,;
i "~"'I~!'h', ~ ~.
jIi6~'. ~'j,!j'.i~ ,I
!Hmii~!!h~l ~ ~
~f'~i~!!~U~~i~i -' '1<
~ ~l~!~il~!ii'!
i '~~i~"i'..O'~
~fili~i!~~i~!"
11111111 I J J I MOt.Me COlNTY
III rll ~, MEDK:Al EXAWER FAa.JTY
II 1 . !: ~ CRAWL KEY, R.llIIIlA - PAVING, IlfIADNla. IlIIAINAGE ~ UTUTY PI.AN
I ~ e il _ CllNIITIlUC1lCN ~ .... :no 2llO3 - AB8lllI!D __ .. 2lI04
~I,(
~ )>
~ > ~
:.-0 ~ ~
~z > "\
: l> -< I'ir 1,'1' n
r ~ ~ tih.;.;
~ 1('((1.
o :t
:!! ~
"
"
~
, \
illr IT~~
~ ,,,I ,i.. !
11~1 1'1 !
I
~~
n;;l
z>>
OZ
M~
~'!'
~
~
~
-$
g.
1
I
.,
!
"l' oo,_j I
ii" n*
'" ~ '!' ~"
~'3:!i~ ! _ '3,; ...
~~l. 'w
II., .,'
iiS" i
m ' <
~:~
"
"
~ s~ ~!il ~ -ljl i '"
~~~ Ii! ~ii <
~i~!i ~i '
< ~I ~
~, ~:
~ 'i
~Il ; ~.
II
I"
U
~n,~,,~
I~!;!!i,
!;~I~l'f
~! .'Ii
'. !l~
!WIII
'!'.'!
h~U~
a ljl'"'a
iI
i
~I~!n
~ IIII~
l>: Ii
-$-
..
~ 'l
i I
i
-$
>' I < ,,,
~ 0....:.::)
-J~==
~
-
-
....
Go
N
~ SECTION @ RAFTER
t<)
~ 1 1/2" = 1'-0"
I
..
o
~
..
I
~
i
10
<
<
<
a...
I-
U
iii
......
I
HARVARD
J 0 l_ Y
elF E S
TOPPE
s
@
A;:~t" 1 ~,;.:'~ P.A
,II, /\
CB
NOTE:
CB IN GENERAL ALL
CB FASTENERS FROM
ALUMINUM PANEL
CLIP TO STEEL TUBE
TO BE STAINLESS
STEEL.
CB CB
----
o
o
o
o
CB
+
o 0
o CB
I
10 CB
I
I
I
I --
----'-----
---
1 1/2" = 1'-0"
! ~AL EXAWER FACUTY
: MON=IOE COUNTY
Comm. No. 01160.06 I Revised.
Dote. 02-06-04 & 03-26-04
Drown. DR
STALLER TO S
BATTEN IN SEALAN
@ APEX
ALUM. PANEL CLIP
HEAT BENT PANELS
@ RIDGE
1/S" BENT PLATE
WELDED TO TOP OF
APEX PURLlN
1/S"x2x2 ALUM.
RIDGE PURLlN
1/S"x2xS ALUM.
TUBE RAFTER
II
SDA1t4-1
I
I ,~
~~ iJ
N
-
~
J
t<)
o
I
..
'j
..
o
<ll
~
'j
..
~
t<)
CI
~
~
<(
<(
Q..
I-
U
:c
~
@
CIJ
~
<
i
w
a:
< .--
~
J:
~ ~
~
Q
Q
<
~
~
~
~
i <{
<.:>
z
j I-
<{
3:
E
o
o
a:
JJ ~
iii
HARVARD
J 0 _ L Y
C LEE S
TOPPE
/<.,'-,11' --::
,
fB
n
N
L{)
~ L{)
N
~
1'0
I-
1'0
I-
~
..J
~
V
I !--- --1
I /l ~
~~
to I""-
1'0
I-
N N
I- I-
~ ,zl,z ,z ,z
Q......-.-.-
LA.!
~ ..... N I") ~
I I
I I
/ --------- '"
I""-
L{)
\ )
'--~I
I- I
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
m <{ <{ <{ m <{ <{ <{ <{ <{ <{
~ ~
I- ~
~ ~
w
U
Z
w
0::::
w
I.L..
Z
o
U
w
<.:>
z
::>
o
---1
! MEDICAL EXAtMER FACLITY
: MON=tOE COUNTY
Comm. No. 01160.06 I Revised.
Date. 02-06-04
Drawn. DR
w
<.:>
z
::>
o
---1
.-- N
o 0
.-- .--
1'0
o
~
o
~
o
.--
.--
<.:>
z
3:
w
>
~
o
0::::
o
U
w
0::::
I-
W
---1 ---1
<{ 0
o I-
o
I- W
~ ---1
::> <{
u ~
W
I.L..
L{)
o
to I""-
o 0
.-- .--
I-
W
---1
o
I-
W
---1
<{
~
0::::
o
o
0::::
0::::
o
U
I-
W
~
o
---1
U
OJ
o
<{
O'l
o
O'l
o
.--
ffi 03-26-04
3:
I
u
<{
0::::
o
I-
~
W
I.L..
<{
~
m
O'l
o
.--
1'0
.-- .--
~ ~
I I
I I
I I
<{ <{
W
U
I.L..
I.L..
o
o
.--
I""-
I-
W
---1
o
I-
<{
o
.--
.--
~
W
~
w
"0>
....JZ<(
<(<(I
C>
<((I)....J
a::a::....J
1--<(
(I) <(I
<(0..(1)
L{) O'l
o
.--
~
I
3:
I
~
I
u
<{
<{
m
I-
W
~
o
---1
U
W
<.:>
<{
0:::: 0::::
o l-
I- ~ W W
~ " U u
<.:> I.L.. I.L..
~ ::> I.L.. I.L..
o 0:::: 0 0
0:::: 0
o
u
W
0::::
m
o
.--
.--
<{
.--
.--
.--
.--
II SDAM.1-1
t-O
.. W
WW....J
a:: a:: w ..
<( <( lD I-
:;: :;: <( I
OO....J C>
a:: a:: -
<(<(I- W
I I <( I
1'0
1'0
~
I
~
I
<{
<{
N
1'0 ~
.--
.--
.-- .--
.-- .--
N
.--
.--
.--
I-
N
I-
<.:>
~
I
~
I
<{
<{
---1
<{
U
Z
<{
I
U
W
~
~
0::::
W
~
U
o
---1
W
---1
<{
~
L{)
.--
.--
f~
~
@
..,
o
I
~
I
~
o
.. ......
~<(~
0-11-
O-lW
0<(-1
l.&.0:::1-~
-w(/')o
(/')a..~u
L{)
1"1
I~
{~)
~ I I
~ I I
o
::::!!:
I
u
.....
(/)
I
,-<(
...........
.. I 0:::
0WZO
ZOO
--Z-I
N> <(
<(0-11-
-IO:::-IW
0a..<(~
o
::::!!:
I
~
w
a:
m
.....
~
'-'
::::!!:
I
u
wW
......a..
w>-
0:::1-
(()
I
>
o
0:::
a..
.
......
C'\l
I")
en
I L..../ I W
I./f ~ I .q- ~ D..
~~ "" (~~ ~
I I ~ 1"1 1"1 ..... m ~ 00 ~ UJ
~~~~~) ..... \ II ~
<
I I a:
I I LL
o a..
O:::CIl
~~
=>~
uU
wO
(/')-1
'-'
::::!!:
I
'-'
::::!!:
I
'-'
::::!!:
I
vr~
V
",r-
'-....
",m,~
"-
m
00
C'l
..... CD
~ 0
(/)
.....
(/)
I
'-' 0
::::!!: 0
I I
oot"
U')
u
~ CD ~ ~ CD ~ ~ ~ CD ~ ~ CD U ~ CD U ~ ~ ~ ~ CD ~ CD
'-'
z
>
w
U
w
a:::
~
I
~
~
i
...
1"1
C'l
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
. .
<(
<(
<(
I..
~
t-
U
I
HARVARD
J 0 _ L Y
C l [ E S
TOPPE
-.-
.f ~r
'-'
Z
>
w
U
w
a:::
1"1
C'l
---l
~
U
Z a:::
~ w
I ---l
U 0
w 0
::::!!: U
.....
---l
==l*=:==l*=:~
U
a:::
~
u
W
---l
W
.q- L{) L{) <D
C'l C'l C'l C'l
.....
a:::
w
---l
o
o
u
1"1
~
.....
~
~
~
L{)
v
o
C'l
C'l
CD
o
(/)
~
'-'
o
I
::::!!:
(/) '-'
'-' ::::!!:
'-' I
~
'-'
::::!!:
I
(/)
I
o
::::!!:
I
'-'
::::!!:
I
u
>-
(/)
a..
o
~
C'l C'l C'l::) -.J
==l*=:==l*=:==l*=:~ ~
w W W 0 U
'-' 0 '-' a::: a::: a::: Z Z Z
~ ~ ~ W W W 0 >- ~
a::: a::: a::: ---l ---l ---l ~ a::: I
~ ~ ~ 0 0 0 (/) 0 U
000 0 W
U U U a.. ::::!!:
::::!!:
o
U
W
o
000 ..... ..... ..... C'l 1"1 .q-
1"1 1"1 1"1 1"1 1"1 1"1 1"1 1"1 1"1
! MEDICAL EXAWER FACLITY
~ MONROE COLtffY
Comm. No. 01160.06 I Revised,
Date. 02-06-04
Drawn, 0 R
W
'-'
~
a:::
o
~
(/)
Z
W
::::!!:
U
W
a..
(/)
a::: a::: w
00,-,
o 0 ~
a::: a::: a:::
a::: a::: 0
o 0 ~
U U (/)
I"-
C'l
00 00 m
C'l C'l C'l
& 03-26-04
w
'-'
~
(/)
(/)
~
a..
t5 ~ ~
~ W W
(/) N N
(/) W W
~ W w
a.. a::: a:::
CD CD
~
<'>
L{)
1"1
~
L{) <D <D
1"1 1"1 1"1
r;.;
/I
SDA14.1-2
Mar-17-Z0C4 09:16
Fr ort.mRot COUNTY ENIi I HER I NG
+3V52964:3Z1
7-S06 P~$2/00a F-119
~ 1 t..-
10 Alwt
-r-
f
, ,--.I
"l;:l
if
.~
~
S
Q.
~
;!;! (.~
....11)
lD'\.
~~
c:;:Jl
~ffi
;
~
..
,-.",,,,i'
."-/
..
. J.'
1,.{AhlOA1'~ ~rt.. f.; r I)
r~
~.
~~l'~' flla.-wl . 2'1.z-+tue/1.~~..f~.:i21
~~It:~I~. Rlct~'. .A~466 -ni~ re
~JJ~~ A....!f.HGrftT IV~,.t4J1.. 7iliiCf)~ .:3o.5~q'f2---7.t;35/7tfll-'
t)E#/V/..$ npf1!l!~i ()t A:>1!T~,e f;1(-~cq -Q1"o - T,let 0 C
,J./.1' ,.~-^~.. 4J~ :~.tI~....tJ{().I,('. 'a.., 9t.f'Y?~ Ir~' 1',J"?/~?if)
~ . WP ~\}P3. U.l t:>e .
PH 1<-- B{q liJ~v'UJG. ef~;T,. ~6~.-'')..'4-('" 11 - ;;2..' ,.-" 9 (./
~ V1<::to r Ceran fen+Jt.litLUa ConsT aOS"2ZG ,~~o .., l')!;:3-J '-.1C.!
'*" f~.'~-J..~.)) .' c......:.r/'~.........tllI..~~... ",1/1C ~'S~....)?&..'. -f!.;1"jo-r-. "'r2,':;~/.'...., y-
, ..I'6b..~w~l b~'Tl ,2Qt.-O:!'05 Z.~I(p '~2i'
. 'TbPI) HAI',.e ,<fI<.d~~. . ,'ft'::J'IIIE."~.'."~. .~. '..~1'r&~1I 'J...ob....(:"- S:.<().,. "1- oe;l (:s'r-. .~.4.O::(. j ''''J'7V'w
,. ,; Co....... .... n,;
, (1, 1\ 1-IA-~~'iUJt-a~ 'f\;\<c. 3D5 ::l'ir, 'o?~ I "O?s:-
~ Wtb8I!, MC(
-$ <5 ... ........'.~...~.......t;t...~.~ . ".H.;,..'P" ~.'
l.!3'D ~ T S~ . r0 e.\:LQ)
Ed[) ZI!B., ft,Vlf
;t a" .... G tJ ?rl &,/) J..
~
Iii
HARVARD
JOLLY
CLEES
TOPPE
-.-
ARCHITECTS, PA
A I A
BOARD OF DIRECTORS
R. John Clees, AlA
Jeffrey E. Cobble, AlA
Michael K. Hart, AlA
William B. Harvard, Jr., AlA
Steven M. Heiser, AlA
James A Shawhan, AlA
Jonathan R. Tappe, AlA
Blanchard E. Jolly, Emeritus
Bradenton
Ft. Lauderdale
Ft. Myers
Orlando
St. Petersburg
Tampo
3201
W. Commercial Blvd.
Suite 225
Ft. lauderdale, Fl
33309
954-486-7910
www.hjct.com
M COOO1l9
Memorandum
To: All Attendees (See attached list)
From: Yvette London
Date: 03/19/04
Re: Pre-Bid Conference
Monroe County medical Examiner Facility
HJCT Comm. No. 01160.06
The following was discussed at the mandatory pre-bid conference on 03/16/04:
1. HJCT presented general scope of project. The following specific issues were discuss:
2. Provide estimate of fill requirements - HJCT will check with civil engineer to see if
this information can be obtained. Update (The rough quantity estimate of fill=12,500
c.y. It is contractor's responsibility to verify this estimate. We are not responsible for
accuracy of this estimate).
3. Check geometry of the access road, coordinates should be change or curve needs to be
adjusted.
4. Clarify on the drawings if building is parallel to the access road.
5. Provide second "control point" (such as existing building comer, iron rod, etc) to allow
proper building/site layout.
6. General contractor to pay for all permit, fees, etc.
7. Permits are expected to be ready in a few days.
8. The Bid opening is scheduled for April ih, Bids need to be delivered to the county
office in Key West.
9. All questions must be submitted in writing to Stephanie Coffer (Fax is acceptable) and
HJCT Architects, 15 days prior to bid opening (March 23,2004).
1
~
END ADDENDUM NO 1.
THIS IS PAGE 19 OF 19
J
'-oj
MEDICAL EXAMINER'S FACILITY
ADDENDUM NO.2
2 April 2004
The proposed Contract Documents for the project titled
The Medical Examiner's Facility
Crawl Key, Florida
M.M. 56.5
ITEM # 1:
are modified as follows:
Add the following three pages:
FROM :Harvard Joll~ Clees Toppe
Iii
HARVARD
JOllY
CLeES
-.!2r!L
ARCHlTI!CT!;. p.^
^ I .
noAAi') or ~crOfS
R..oIll\a-,.A.oA
JItJfr.yF.(,,~.^iA.
,wcf.ac,l "'. HCIfI, NIl.
Wll!O" 9. HGl1IC:IIcl.Jr.. NA
s-.,,, Mo_ ~, /WI.
.... ^. SlKNofIon. AA1<
......,DIfIonIl.1'oppII. AlA
n,tllW:hl1rdr: Jolly. E"",.Ihi.
......,~
fI.~1c:.
Fl."",,",",
Ooionda
S........."II
r......
3201
W. Commercial 8tvd.
Sui. 225
fL laud_Ie. Fl
33309
954.486-7910
WWW.h)d.cOl.n
MCCO/JI1.,
FRX NO. :9544867825
Apr. 02 2004 l<I6:l1Il1f'M P2
ADDENDUM NO.2
MONROE COUNTY MEDICAL EXAMINER FACILITY
CRAWL KEY. FLORIDA
HJCT PROJECT# 01160
HARVARD JOLLY CLEES TaPPE ARCHITECTS, P .A., AlA
3201 WEST COMMERCIAL BOULEVARD. SUITE 225
FT. LAUDERDALE. FLORIDA 33309
ADDENDUM NO.2: APRIL 5. 2004 - TO BE ATTACHED TO AND FORM A PAin OF THE
FOREGOING CONTRACT DOCUMENTS, FOR THE NEW MEDICAL
EXAMINER FACILITY
TO:
THE GENERAL CONTRACTOR AND ALL OTHERS 'ro WHOM
CONTRACT DOCUMENTS HAVE BEEN ISSUED BY THE OW~IER.
PART 1 - REFER TO ARCHITECTURAL DRAWINGS
1.01 SHEET AS4.1
A. ADD SUPPLEMI:NTARY DRAWING SDAS4-1.
PART 1A - REFER TO ARCHITECTURAL SPECIFICATIONS
1.01 SECTION 01230-ALTERNATES
1. PARAGRAPH 3.1-0 - SCHEDULE OF ALTERNATES
A CHANGE PARAGRAPH '0. TO ReAD.
D. Alternate No.4: Provide bid alternate line item pricing to install
wet pipe sprinkler system and clean agent fire suppression s)lstem
(FM-200) as indicated on drawing sheet FP1.1 and E4.1. ReIer to
construction documents and project specifications for requirements
and additional infonnation.
ADDENDUM NO.2
MONROE COUNTY MEDICAL EXAMINER FACILITY
~
"
April ('. 2004
MEDICAL EXAMINER'S FACILITY
FRO'1 :Harvard Jollld Clees Tappe
FAX NO. :9544867825
Apr. Id2 2004 1il6: OOPM P3
PART 18 - CLARIFICATIONS
1.01 THE HARDWARE FOR THE ARCHITECTURAL GATE AT BREEZEWAY SHOULD BE AS
FOllOWS:
1 EXIT DEVICE MODEL NUMBER: F-XX-R-EO-PADEl
FINISH: US32D
MANUFACTURER: MONARCH
Attachments:
SUBMITTED BY:
YVETTE V. LONDON, AlA
VICE PRESIDENT
HARVARD JOLLY CLEES TOPPE ARCHITECTS, P.E., AlA
ATTACHMENTS: AS NOTEOABOVE
ADDENOUM NO.2
MONROE COUNTY MEDiCAl EXAMINER FACILITY
April ,i, 2004
2
~
MEDICAL EXAMINER'S FACILITY
FROM :Harvard Jolly Clees Tappe
FAX NO. :9544867825
Apr. 02 2004 06:01PM P4
It
~
::I
~
~I~ ~ "- ~'~TII
"';;l~ :d ~~ ~ if. ~~. ~~i ~~ ~
, .z 'r
~Iolf 10 "',;; ~ r.i
~ b ~ ~~~ il~ ~i~ .' '"
-';'~ .' .
"'''~ ~ 8 ,
. I . .
, "
I . , ,'Ii,
.0-, I II vr:~.il'l ~ d
~IJ""'. "
... .--J :1 \
~ "
"
=:.
"~ -, I)
-\/ ,...:......, ..
- - ~
I-
- - I- ~
~- F= I
\ \
= = - 1-.
\ \
\ \ p
= \ I- @I
\
- \ = ~
- \
<EJ \ \
.n- " / I m
'---
.~. \.
\: , .
- 1. -- r- . I!!
I( ~ o' F- ".
\ ~
\ p
t===- .
\ l- i
~ \ =:.
\ =
\~ . - \ .,
= ~::
-.
Ii I j 0
,0 ~'
.
., '.
~ /"---^'- . 10. . .
/'.... . .
, B
.' . ,
, . -
.
iii l ~ ~ FACUTY ~
HARV-\H.J COftYI'l.. No 01160.06 1-- I~~
JOII'
C l r ~ $ Do"', 02-06-04 &. 04-05-04
r..;,?,r.~~-~ 0..",,, DR
~
~
~
<
<<
<
..:
~
u
:I:
~
@
3
~
~
MEDICAL EXAMINER'S FACILITY
ITEM # 2:
Permit and/or impact fees may be assessed/required from the following
agencies:
City of Marathon
Florida Keys Aqueduct Authority
Keys Energy Services
Department of Health
This list may not include all of the necessary agencies requiring permit, impact or
any other fees.
ITEM # 3:
Section 00110, Proposal Form, delete page 2 and substitute the attached
two (2) pages.
END ADDENDUM 2
4
~