04/19/2006 Agreement
Cleltl 011118
arc_CIIn
Danny L. Kolhage
Office (305) 295.3130 Fax (305) 295-3663
lVIemlJrandum
To:
David S. Koppel, County Engineer
Facilities Development
Attn:
Jerry Barnett . D
Isabel C. DeSantis, Deputy Clerk j}P
From:
Date:
Friday, April 28, 2006
At the BDCC meeting on April 19. 2006. the Board granted approval of the
following item:
Standard Form of Agreement between Monroe County and Charley Toppino and
Sons for the construction of a new Big Coppitt Key Park, and the demolition of the Big
Pine Key Park on the Old Mariner's property.
Enclosed please find a fully executed duplicate original for your handling. Should
you have any questions concerning this matter, please do not hesitate to contact this
office.
Copies: Finance
County Attorney
File l/""
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
Made as of the 19th day of April in the year of TWO THOUSAND SIX
(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)
Charley Toppino and Sons
P.O. Box 787
Key West, FL 33041
For the following Project: Big Coppitt Key Park
(Include detailed description of project, A ven ue F.
location, address and scope) Big Coppitt Key, FLorida
Oversight Provided By:
(Name and address)
The Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Architect is:
(Name and Address)
Any Reference to Architect or Construction Manager
means Owner or Designee
The Owner and Contractor agree as set forth below.
3/30/2006
000500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, the Contractor's Bid, 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.
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:
GENERAL SCOPE
Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying,
layout, and protection for the proper execution and completion of all the work in accordance with the
Contract Documents. The Work shall include but not be limited to that shown on the Drawings and
detailed in the Technical Specifications included in this Bid Package.
A. The work consists of the construction of a new Park, located on Avenue F, Big Cop pitt
Key, Monroe County, Florida. The work shall include, but not necessarily limited to, the
following items.
1. Demolition of existing buildings.
2. Construction of a pavilion.
3. Construction of a racket ball court.
4. Construction of a basketball/roller hockey rink.
5. Construction of three bocce courts.
6. Lighting.
7. Landscaping.
8. Demolition of the Big Pine Key Park.
a) Demolition of buildings, concrete piers, the sewage treatment structures,
power poles and miscellaneous structures.
b) Stock pile on site material designated as clean fill
c) Legally dispose of metal, demolished materials, wood and debris.
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or highlight features of the
work, or modify, change, add to, or delete from the General Scope of this Bid Package.
1.
All licenses required in order to perform the scope of work in the specified location, shall
be procured and maintained by the contractor and his subcontractors. Contractor shall
submit copies to Facilities Development prior to notice to proceed. Contractor's license to
accompany bid.
2.
Provide, replace, and maintain any safety rails and barricades as necessary during the
process of work, or during deliveries of materials or equipment.
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000500-2
3. Contractor is to review Division 1 General Requirements for additional responsibilities
required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the bidding
documents, technical specifications, or drawings, the most strinqent condition shall be bid
and constructed. Notify Facilities Development in any event, in order to not compromise
the Owner's right to make appropriate decisions.
5. Contractor shall maintain As-Built Drawinqs, (Record Drawings per Section 01720), of his
work progression.
6. This Contractor shall not store materials inside the pavilion.. Contractor shall provide
suitable storage container, and be responsible for disposal off-site of all debris and trash.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the
Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days
before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier
Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)
90 calendar days from date of commencement for the Big Coppitt Key Park.
90 calendar days from date of commencement for the Big Pine Key Park Demolition.
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)
The time or times stipulated in the contract for completion of the work of the contract or of speCified
phases of the contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work. modified by all
approved extensions in time as set forth by Facilities Development's signature of approval on the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine
the amount of liquidated damages.
CONTRACT AMOUNT
Under $50,000.00
$50,000.00- 99,999.00
$100,000.00 - 499,999.00
$500,000.00 and Up
FIRST
15 DAYS
$50.00/Day
100.00/Day
200.001Day
500.00/Day
SECOND
15 DAYS
$100.00/Day
200.00/Day
500.00/Day
1,000.00/Day
31ST DAY &
THEREAFTER
$250.00/Day
750.00/Day
2,000.00/Day
3,500.00/Day
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 A) The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract for the Big Coppitt Key Park, the Contract Sum of Seven Hundred Six Thousand. Four
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Hundred Ninety-Two Dollars and 25 Cents ($706,492.25), subject to additions and deductions as
provided in the Contract Documents, and
B) The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract for the Big Pine Key Park Demolition, the Contract Sum of One Hundred Fifty Three
Thousand Seyen Hundred Fifty Dollars and 00 Cents ($153,750.00), 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:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner
subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the
date until which that amount is valid.)
Alternate No.1, the demolition of the Big Pine Key Park. The owner shall pay the
Contractor as stated in section 4.1 (B).
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 Facilities Development, and
upon Project Applications and Certificates for Payment issued by Facilities Development, 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 Upon receipt from Contractor of a Correct Application for Payment, Owner shall comply with the
Florida Prompt Payment Act, Sections 218.735 and 218.74 F.S. in making payment to contractor.
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 may require. This schedule, unless
objected to by the Construction Manager, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.6 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
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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 has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager
recommends and 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 Contractor. Such final payment shall be
made to the Contractor in accordance with the Florida Prompt Payment Act.
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 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.)
7.3 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.4 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
3/30/2006 000500-5
awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
7.4.1 The following items are part of this contract:
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a)
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS. Running from the
date the monies were paid to Contractor.
b)
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State. Venue shall be in Monroe
County Florida for any claims or proceedings arising out of this agreement. Mediation
shall be held according to the rules of the 16th Judicial Circuit in Monroe County. This
agreement is not subject to arbitration.
c)
Severability. If any term covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and
Contractor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
d)
Attorney's fees and Costs. The County and Contractor agree that in the event any cause
of action or administrative proceeding in initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, attorney's fees, court costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
e)
Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f)
Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g)
Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
000500-6
3/30/2006
h)
Nondiscrimination. County and contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrim ination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement;
Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age.
i)
Covenant of No Interest. County and Contractor covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
j)
Code of Ethics. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
k)
No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide
employee working solely or it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owned, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
I)
Public Access. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
000500- 7
m) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes,
the participation of the County and the Contractor in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain
any provision for waiver.
n) Privileges and Immunities. All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, not shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution, state statute, and case law.
p) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms,
or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
q) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, and Ethics Statement, and
a Drug-Free Workplace Statement.
r) No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability
or accountability b reason of the execution of this Agreement.
s) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by singing any such counterpart.
t) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
Project
ARTICLE 8
Termination or Suspension
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000500-8
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.
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
Co or, and one to the Construction Manager for use in the administration of the
/} ,__ ~ the remainder to the Owner.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C NTY, FLORIDA
By
Date
(SEAL)
Attest:
CHARLEY TOPPINO & SONS
By:
By:~G>~A
Title: W-e5,c4-~-t-
Title:
END OF SECTION 00500
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3/30/2006
000500-9
ACORD.", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/VVYV)
4/21/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Seit1in ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9800 NW 41 Street, Suite #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Miami FL 33178 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(305) 591-0090 (305) 593-6993
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Bridcrefie1d Bmc10ver. 10701
Charley Toppino " Son., Inc. r. INSURER B: We.tche.ter Surp1u. Line. In. 10172
Monroe Concrete Product. Inc. National Ca.ua1ty COlll1)anv
P.O. Box 787 INSURER C: 11991
Eey We.t FL 33041 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER 100 INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ r.P..~~ POLICY NUMBER POLICY EFFEC11VE POLICY EXPIRATION UMlTS
~NERAL LIASIUTY EACH OCCURRENCE $ 1 000 000
B ~ OMERCIAL GENERAL LIABILITY G22037407001 2/2/2006 2/2/2007 PREMISES rEa occurence\ $ 50,000
""- CLAIMS MADE [i] OCCUR MED EXP (Anyone perlIOn) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
~'LAGGRE~E LIMIT An PER: PRODUCTS - COMPIOP AGG $ 2,000,000
POLICY X P,~ LOC
~OMOIILE UABlUTY COMBINED SINGLE LIMIT $
C ANY AUTO CAOO196848 2/2/2006 2/2/2007 (Ea accident) 1,000,000
-
- ALL D'M'IED AUTOS BOOIL Y INJURY
$
~ SCHEDULED AUTOS (Per person)
~ HIRED AUTOS (L BOOIL Y INJURY
r( . ,-srifr J I 1 $
NON-cN\lNED AUTOS (Per accident)
-
- 4-- J.S OC? PROPERTY DAMAGE
(Per accident) $
~E UABlUTY 'f- AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
0E88IUMBRELLA UAIIUTY EACH OCCURRENCE $ 5,000,000
B X OCCUR D CLAIMS MADE G22037419001 2/2/2006 2/2/2007 AGGREGATE $ 5,000,000
$
8 DEDUCTIBLE $
X RETENTION $ 10,000 $
A WORKERS COMPENSATION AND 830-35707 1/14/2006 1/14/2007 I ~sr~J,'f" I IOJ,tt-
EMPLOYERS' UABlLITY
ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFACERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~~CI~~v':~OOS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCAOONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECAL PROVISIONS
Rlh BIG COPPITT PARI[, BIG PDlB ItBY PARI[ PROJBCT. PROJBCT #0604
CBRTIFICATB BOLDBR IS ADDITIONAL INSURED AS RBSPBCTS GBNBRAL LIABILITY AKD AUTOMOBILB LIABILITY AS
RBQIJIRBD BY WRITTDr CONTRACT SlJBJBCT TO TO POLICY TBRIIS, CONDITIONS, LIMITATIONS AKD BXCLlJSIONS.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE EXPIRATION
MONROB comrry BOARD DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
OF comrry
CO_ISSIONBRS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1100 SIMOHTON ST IMPOSE NO OBUGAOON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIves.
UY WHST FL 33040 AUTHORIZED REPRESENTATIVE -
I
ACORD 26 (2001108)
@ACORD CORPORATION 1988
Section 00750
General Conditions of the Contract for Construction
Where Facilities Development is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
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ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other
documents listed in the Agreement and Modifications issued after execution of the Contract,
and the Contractor's bid and supporting documentation, and 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. 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 and sample
forms), the contractor's bid and supporting documentation.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contractual relationship of any kind (1)
Between Facilities Development and Contractor, (2) between the Owner and a Subcontractor or
(5) between any persons or entities other than the Owner and Contractor. The Owner shall,
however, be entitled to enforce the obligations under the Contract intended to facilitate
performance of the duties of Facilities Development.
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 Facilities Development.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume which contains the bidding
requirements, sample forms, Conditions of the Contract and Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation 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.
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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 Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents are instruments of 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 owner, and unless otherwise indicated 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 owner, on request, upon completion of the Work. The
Drawings, Specifications and other documents prepared by the owner, and copies thereof
furnished to the Contractor, are for use solely with respect to the Project. They are not to be
used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment
suppliers unless they are granted a limited license to use and reproduce applicable portions of
the Drawings, Specifications and other documents prepared by the owner 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 owner. 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 copyright or other reserved rights of the Owner.
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 capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
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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 Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through Facilities Development, shall secure and pay for the building
permit.
2 2 4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through Facilities
Development.
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, may order the Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated; however, the
right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
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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 another contractor or subcontractor or Facilities
Development's and their respective consultants' additional services and expenses made
necessary by such default, neglect or failure. If payments then or thereafter due the Contractor
are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In
the event of safety issues determined to be of a serious nature, as determined by Facilities
Development, notice will be given, and contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Facilities Development, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Facilities Development errors, inconsistencies or omissions discovered. The
Contractor shall not be liable to the Owner, Facilities Development 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 Facilities
Development. If the Contractor performs any construction activity knowing it involves a
recognized error, inconsistency or omission in the Contract Documents without such notice to
Facilities Development, the Contractor shall assume appropriate responsibility for such
performance and shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Facilities Developmen 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
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3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of
the Work under this Contract, subject to overall coordination of Facilities Development as
provided in Subparagraphs 4.6.3 and 4.6.5.
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 Facilities Development 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's employee is determined to be detrimental to the Project, as deemed by
Facilities Development, the Contractor will remove and/or replace the employee at the request
of Facilities Development. Employees dismissed from the project will be transported from the
job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Facilities Development, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
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3.5.1 The Contractor warrants to the Owner, Facilities Development 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 Facilities Development,
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 buildinQ 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 Facilities Development, 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 Facilities Development, and
Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Facilities Development and shall not be changed except
with the consent of Facilities Development, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
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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 information and Facilities Development'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 Facilities Development's
approval.
3.10.2 The Contractor shall cooperate with Facilities Development in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work of
other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Facilities Development 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 Facilities Development and shall be delivered to Facilities Development 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.
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 Facilities
Development is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Facilities Development, in
accordance with the schedule and sequence approved by Facilities Development, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with Facilities Development in the coordination of the
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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 Facilities Development. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Facilities Development's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Facilities
Development in writing of such deviation at the time of submittal and Facilities Development
have given written approval to the specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar
submittals by Facilities Development's 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 Facilities Development on previous submittals.
3.12.10 Informational submittals upon which Facilities Development 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, Facilities Development 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 to Facilities Development for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and 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, Facilities Development before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
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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 Facilities Development, 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 Facilities Development shall also
be required. The Contractor shall not unreasonably withhold from Facilities Development 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 Facilities Development.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Facilities
Development may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Facilities Development 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, Facilities
Development harmless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason
to believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
Facilities Development.
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
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($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 Not Used
4.2 Facilities Development
4.2.1 Facilities Development means the Monroe County department of Facilities Development.
4.3 Duties, responsibilities and limitations of authority of Facilities Development as set forth
in the Contract Documents shall not be restricted, modified or extended without written consent
of the Owner, Facilities Development, and Contractor. Consent shall not be unreasonably
withheld.
4.4 In case of termination of employment of Facilities Development, the Owner shall appoint
a Facilities Development against whom the Contractor makes no reasonable objection and
whose status under the Contract Documents shall be that of the former Facilities Development.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Facilities Development will provide administration of the Contract as described in the
Contract Documents, and will be the Owner's representatives (1) during construction, (2) until
final payment is due and (3) with the Owner's concurrence, from time to time during the
correction period described in Paragraph 12.2. Facilities Development will advise and consult
with the Owner and will have authority to act on behalf of the Owner only to the extent provided
in the Contract Document, unless otherwise modified by written instrument in accordance with
other provision of the Contract.
4.6.2 Facilities Development will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Facilities Development will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Facilities Development and Owner
in reviewing their construction schedules when directed to do so. The Contractor shall make
any revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Facilities Development and the Owner until subsequently
revised.
4.6.4 Not used.
4.6.5 Facilities Development 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
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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, Facilities
Development 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, Facilities
Development will keep the Owner informed of progress of the Work, and will endeavor to guard
the Owner against defects and deficiencies in the work.
4.6.6 Facilities Development, 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. Facilities
Development will not 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 Facilities Development. Communications by
and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through Facilities Development.
4.6.8 Facilities Development will review and certify all Applications for Payment by the
Contractor, including final payment. Facilities Development 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 Project Application and Project Certificate for Payment, along
with the applicable Contractors' Applications and Certificates for Payment, will be processed by
Facilities Development.
4.6.9 Based on Facilities Development's observations and evaluations of Contractors'
Applications for Payment, Facilities Development will certify the amounts due the Contractors
and will issue a Project Certificate for Payment.
4.6.10 Facilities Development 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 Owner. Subject to review, Facilities
Development will have the authority to reject Work which does not conform to the Contract
Documents. Whenever Facilities Development considers it necessary or advisable for
implementation of the intent of the Contract Documents, Facilities Development will have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of Facilities Development will be subject to the provisions of
Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of
Facilities Development. However, Facilities Development's has no authority to act under this
Subparagraph 4.6.10 nor a decision made by him in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of Facilities Development to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or
other persons performing any of the Work.
4.6.11 Facilities Development will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors. Facilities Development's actions will be taken with such reasonable promptness as
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to cause no delay in the Work of the Contractor or in the activities of other Contractors or the
Owner.
4.6.12 Facilities Development 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. Facilities Development's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Facilities
Development, while allowing sufficient time in the Facilities Development'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. Facilities Development's review of the Contractor's submittals shall
not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Facilities
Development's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by Facilities Development, of any construction means, methods, techniques,
sequences or procedures. Facilities Development's approval of a specific item shall not
indicate approval of an assembly of which the item is a component.
4.6.13 Facilities Development will prepare Change Orders and Construction Change Directives.
4.6.14 Facilities Development 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 Facilities Development in conducting inspections to determine
the dates of Substantial completion and final completion, and will receive and forward to
Facilities Development written warranties and related documents required by the Contract and
assembled by the Contractor. Facilities Development will issue a final Project Application and
Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
4.6.17 If the Owner agrees, Facilities Development will provide one or more project
representatives to assist in carrying out the 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 Owner will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of Facilities Development, or
Contractor. Facilities Development'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 Facilities Development shall be furnished in
compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by
Facilities Development to furnish such interpretations until 15 days after written request is made
for them.
4.6.19 Interpretations and decisions of Facilities Development 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, Facilities Development 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.
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4.6.20 Facilities Development 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 Facilities Development. Claims, including those alleging an error or
omission by Facilities Development, shall be referred initially to Facilities Development for
action as provided in Paragraph 4.8. A decision by Facilities Development, 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 Facilities Development in
response to a Claim shall not be a condition precedent to litigation in the event (1) the position
of Facilities Development is vacant, (2) Facilities Development has not received evidence or
has failed to render a decision within agreed time limits, (3) Facilities Development 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 Facilities Development 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.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1 ) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. Facilities Development will promptly investigate such conditions and, if they differ
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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 Facilities Development determines tl1at 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, Facilities Development 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 Facilities Development 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 Facilities Development 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 Facilities Development, (2)
Not Applicable (3) a written order for a minor change in the Work issued by Facilities
Development, (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
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 Facilities Development 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 Facilities Development
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. Facilities
Development 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, Facilities Development will prepare or obtain appropriate
documentation.
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4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after
Facilities Development's preliminary response, take one or more of the following actions: (1)
submit additional supporting data requested Facilities Development, (2) modify the initial Claim
or (3) notify Facilities Development 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 Facilities Development (FD), FD will notify
the parties in writing that FD's decision will be made within seven days, which decision shall be
final and binding on the parties. Upon expiration of such time period, FD will render to the
parties FD'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, FD may, but is not obligated to, notify the surety and request the surety's
assistance in resolving the controversy.
4.8.5 Court Determination of ClaimslDisputes. Any claim or dispute that the parties are
unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th
Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Facilities Development for review by the Owner, Facilities Development the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Facilities Development will promptly
reply to the Contractor in writing stating whether or not the Owner, Facilities Development, after
due investigation, has reasonable objection to any such proposed person or entity. Failure of
Facilities Development to reply promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
or Facilities Development has made reasonable and timely objection. The Contractor shall not
be required to contract with anyone to whom the Owner, or Facilities Development, has made
reasonable objection.
5.2.3 If the Owner or Facilities Development refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
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5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, or Facilities Development makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner, and
Facilities Development. Each subcontract agreement shall preserve and protect the rights of
the Owner, and Facilities Development 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.
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 Facilities Development. 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 Facilities
Development, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
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6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Facilities Development shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Facilities Development and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or 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 Facilities Development
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 Facilities Development in writing, of his contention: setting forth (A) the
cause for the delay, (8) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Facilities Development within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Facilities
Development for an increase in the Contract price, nor a claim against the Owner or Facilities
Development for a payment or allowance of any kind for damage, loss or expense resulting
from delays; nor shall the Contractor have any claim for damage, loss or 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
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6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Facilities Development, in
consultation with the Owner, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Facilities
Development, and Contractor; a Construction Change Directive require agreement by the
Owner, and Facilities Development and mayor may not be agreed to by the Contractor; an
order for a minor change in the Work may be issued by Facilities Development 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 Facilities Development and signed
by the Owner, Facilities Development, and Contractor, stating their agreement upon all of the
following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined
in one or more of the following:
.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;
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.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 Facilities Development is received,
shall promptly proceed with the Work involved. The cost of such Work shall then be
determined by daily force accounts in a form acceptable to the Owner and Facilities
Development. The daily force account forms shall identify Contractor and lor Subcontractor
personnel by name, total hours for each man, each piece of equipment and total hours for
equipment and all material(s) by type for each extra Work activity claim. Each daily force
account form shall be signed by the designated Facilities Development's representative no later
than the close of business on the day the Work is performed to verify the items and hours
listed. Extended pricing of these forms shall be submitted to Facilities Development with all
supporting documentation required by Facilities Development for inclusion into a change order.
Unless otherwise provided in the Contract Documents, cost shall be limited to the following:
cost of materials, including sales tax and cost of delivery; cost of labor, including social security,
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
Facilities Development. The amount of credit to be allowed by the Contractor for any deletion
or change, which results in a net decrease in the Contract Sum, will be the amount of the actual
net cost as confirmed by Facilities Development. 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 Overhead and profit will be paid at the same rate as is illustrated in the Schedule of
Values;
.2 The formula for overhead and profit will be the second line item identified as
overhead and profit divided by the original contract amount.
7.2.5 The Contractor shall furnish to the Owner through Facilities Development, an itemized
breakdown of the quantities and prices used in computing the value of any change that might
be ordered. Any additional supporting documentation requested by Facilities Development
such as certified quotations or invoices shall be provided by the Contractor to Facilities
Development at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Facilities Development, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Facilities
Development written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Facilities Development for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
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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 Facilities Development will have authority to order minor changes in the Work not
involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent
with the intent of the Contract Documents. Such changes shall be effected by written order
issued through Facilities Development and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Facilities Development 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/Facilities Development shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
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.
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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, Facilities Development, or by any employee of either, or by any separate
contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual
delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable
casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner,
Facilities Development, or by any other cause which Facilities Development determines may
justify the delay, then the Contract Time shall be extended by no cost Change Order for such
reasonable time as Facilities Development may determine, in accordance with subparagraph
6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Facilities Development not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected.
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 Facilities
Development, a schedule of values allocated to various portions of the Work, prepared in such
form and supported by such data to substantiate its accuracy as Facilities Development may
require. This schedule, unless objected to by Facilities Development, shall be used as a basis
for reviewing the Contractor's Applications for Payment.
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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 Facilities Development 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, or Facilities Development 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
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 Facilities Development will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 Within seven days after receipt of the Project Application for Payment, Facilities
Development will either issue to the Owner a Project Certificate for Payment, with a copy to the
Contractor, for such amount as Facilities Development determine is properly due, or notify the
Contractor and Owner in writing of Facilities Development'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 Facilities Development.
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9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will constitute representations made separately by Facilities Development to the Owner, based
on their individual observations at the site and the data comprising the Application for Payment
submitted by the Contractor, that the Work has progressed to the point indicated and that, to
the best of Facilities Development's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Facilities Development. 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 Facilities Development 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 Facilities Development may decline to approve an Application for Payment if, in his
opinion, the application is not adequately supported. If the Contractor and Facilities
Development cannot agree on a revised amount, Facilities Development shall process the
Application for the amount he deems appropriate. Facilities Development 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 Facilities Development, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
.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 Facilities Development.
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 Facilities Development has 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 Facilities Development. 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.
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.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Facilities Development to be a part of the final quantity for the item of Work
in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from
the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion
of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 Facilities Development will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, and Facilities Development on account of portions of the
Work done by such Subcontractor.
9.6.4 Neither the Owner, or Facilities Development shall have an obligation to payor 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
been made or the restoration for any damaged material, or as a waiver to the right of the Owner
or Facilities Development to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all
materials, tools, and other expendable equipment which are delivered at the site of the Project.
The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar
month in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by 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 Facilities
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Development shall jointly prepare 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, Facilities
Development, will make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the inspection discloses any item, whether or not included
on the list, which is not in accordance with the requirements of the Contract Documents, the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct such item upon notification by Facilities Development. The Contractor shall then submit
a request for another inspection by Facilities Development, to determine Substantial
Completion. When the Work or designated portion thereof is substantially complete, Facilities
Development will prepare a Certificate of Substantial Completion, shall establish responsibilities
of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated portion thereof
unless otherwise provided in the Certificate of Substantial Completion. The Certificate of
Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Facilities Development, 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
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 Facilities
Development shall jointly prepare a list 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 Facilities Development.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities Development
and Contractor 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
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9.10.1 Upon completion of the Work, the Contractor shall forward to Facilities Development a
written notice that the Work is ready for final inspection and acceptance and shall also forward
to Facilities Development a final Contractor's Application for Payment. Upon receipt, Facilities
Development will promptly make such inspection. When Facilities Development, finds the Work
acceptable under the Contract Documents and the Contract fully performed, Facilities
Development 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. Facilities Development'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 Facilities Development (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner's property might be responsible or encumbered (less amounts withheld by Owner) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final 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, 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 Facilities Development so confirm, the Owner shall, upon application by the
Contractor and certification by Facilities Development, 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 Facilities Development 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 or
Facilities Development 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
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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 Facilities Development for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, and Facilities Development 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 Facilities Development.
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 Facilities Development in writing. The Owner,
Contractor and Facilities Development shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, 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 and Facilities Development 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 and Facilities Development 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 or Facilities Development has an objection to a
person or entity proposed by the Owner, the Owner shall propose another to whom the
Contractor and Facilities Development 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:
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.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,
or by anyone for whose acts they may be liable and for which the Contractor is responsible
under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or
omissions of the Owner, Constructions Manager or Facilities Development 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
superintendent unless otherwise designated by the Contractor in writing to the Owner, and
Facilities Development.
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
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specified in the schedule set forth in Section 00110 Proposal Form which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties
and failure to perform assessments shall be imposed as if the Work commenced on the
specified date and time, except for the Contractor's failure to provide satisfactory evidence.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of Facilities Development, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
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 (NOT REQUIRED ON THIS PROJECT)
11.3 Public Construction Bond
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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 Facilities Development'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 Facilities Development has not
specifically requested to observe prior to its being covered, Facilities Development may request
to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance
with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be charged to the Owner, if such Work is not in accordance with the Contract
Documents, the Contractor shall pay such costs unless the condition was caused by the Owner
or one of the other Contractors in which event the Owner shall be responsible for payment of
such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Facilities Development or failing
to conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear costs of correcting such rejected Work, including additional testing and inspections
and compensation for Facilities Development's 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.
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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 Facilities Development, the Owner may remove it and store the salvable materials or
equipment at the Contractor's expense, if the Contractor does not pay costs of such removal
and storage within ten days after written notice, the Owner may upon ten additional days'
written notice sell such materials and equipment at auction or at private sale and shall account
for the proceeds thereof, after deducting costs and damages that should have been borne by
the Contractor, including compensation for Facilities Development's 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
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 Facilities Development (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
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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 orFacilities Development.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to Facilities Development shall be serialized, dated; and
signed by an authorized representative of the Contractor. The correspondence shall be
directed to:
Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to Facilities Development's office.
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Facilities Development, 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 Facilities
Development timely notice of when and where tests and inspections are to be made so
Facilities Development may observe such procedures. The Owner shall bear costs of test,
inspections or approvals which do not become requirements until after bids are received or
negotiations concluded.
13.5.2 If Facilities Development, Owner or public authorities having jurisdiction determine that
portions of the Work require additional testing, inspection or approval not included under
Subparagraph 13.5.1, Facilities Development will, upon written authorization from the Owner,
instruct the Contractor to make arrangements for such additional testing, inspection or approval
by an entity acceptable to the Owner, and the Contractor shall give timely notice to Facilities
3/30/2006
000750-33
Development of when and where tests and inspections are to be made so Facilities
Development 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 Facilities Development'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 Facilities
Development.
13.5.5 If Facilities Development is to observe tests, inspections or approvals required by the
Contract Documents, Facilities Development 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.
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 Facilities Development 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.
3/30/2006
000750-34
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Facilities Development, 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 or Facilities Development, terminate the Contract and recover from the Owner as
provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with Facilities
Development, and upon certification by Facilities Development 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 Facilities Development'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 Facilities Development, and
this obligation for payment shall survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
3/30/2006
000750-35
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
3/30/2006
000750-36
BIG COPPITT PARK
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statuatory Limits
$500,000/500,000/500,000
General Liability, including
Premises Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and Collapse (XCU)
$5,000,000 Combigned Single Limit
Vehicle Liability (Owned, nonowned, and hired vehicles)
$500,000 per Person
$1,000,000 per Occurance
$100,000 Property Damage
$1,000,000 Combigned Single Limit
Builders' Risk
Limits equal to the completed project
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily iniury (includinq death). personal
injury, and property damaqe (includinq property owned by Monroe County) and any other
losses. damaqes. and expenses (includinq 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 neqliqence, errors, or other wronqful 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 resultinQ from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced. or lessened by the insurance requirements
contained elsewhere within this agreement.
3/29/2006
PROPOSAL FORM
0011 0-1 0
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOllNYYY)
3/29/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Seitlin ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9800 NW 41 Street, Suite 11300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
IIi ami PL 33178 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(305) 591-0090 (305) 593-6993
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Bridgefie1d Bap10yers 10701
Charley Toppino " Sons, Inc. " INSURER B: Westchester Surplus Lines Ins 10172
IIonroe Concrete Products Inc. National Casualty Company
P.O. Box 787 INSURER C: 11991
Key West PL 33041 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~ ~~ POLICY NUMBER POLICY EFFECllVE POLICY EXPIRATION u.-rs
~ERAL LIAIIUTY EACH OCCURRENCE $ 1 000 000
B ~ OMERCIAL GENERAL LIABILITY G22037407001 2/2/2006 2/2/2007 PREMISES Ea occurence\ $ 50,000
f-- CLAIMS MADE [iJ OCCUR MED EXP (Any one pe"""') $ 5,000
f-- PERSONAL & ADV INJURY $ 1,000,000
f-- GENERAL AGGREGATE $ 2,000,000
n'L AGGREM LIMIT An PER: PROOUCTS - COMPfOP AGG $ 2,000,000
PO..ICY ~~ LOC
~OMOIILE LlAllLlTY COMBINED SINGLE LIMIT $
C ANY AUTO CAOO196848 2/2/2006 2/2/2007 (Ea accident) 1,000,000
f--
f-- ALL OVIINED AUTOS BOOIL Y INJURY
$
~ SCHEDULED AUTOS (Per person)
~ HIRED AUTOS BOOIL Y INJURY
$
NON-CNIINED AUTOS (Per accident)
f--
f-- PROPERTY DAMAGE $
(Per accident)
RGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
OESSIUMBRELLA L1A11L1TY EACH OCCURRENCE $ 5,000,000
B OCCUR D CLAIMS MADE G22037419001 2/2/2006 2/2/2007 AGGREGATE $ 5,000,000
$
8 DEDUCTlBLE $
X RETENTION $ 10.000 $
A WORKERS COMPENSATION AND 830-35707 1/14/2006 1/14/2007 we STATU-; I IOJ~
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERiEXECUTIVE EL. EACH ACCIDENT $ 1,000,000
OFACERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 1,000,000
~~I~~V:~S below E.L. DISEASE - PO..ICY LIMIT $ 1,000,000
OlllER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEtflCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPEOAL PROVISIONS
RE. BIG COPPITT PARJ[, BIG PIllE UY PARJ[ PROJEC'r. PROJECT .0604
CERTIPICATE BOLDER IS ADDITI~AL INSURED AS RESPECTS GBHBRAL LIABILITY AS REQUIJtBD BY WRITTBN
CONTRACT SUBJECT TO TBB POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE llIE EXPIRATION
IIOlDtOE COmrry BOARD OP COmrry DATE llIEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 2L DAYS WRITTEN
C~ISSIOJlBRS NOTICE TO llIE CERTIFICATE HOLDER NAMED TO llIE LEFT, BUT FAILURE TO DO SO SHALL
1100 SIIIJNTON ST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
UY WEST PL 33040 AUTHORIZED REPRESENTATIVE -
I
ACORD 25 (2001108)
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer righ1s to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
MONROE COUNtY
CONSTRUCTION MANAGEMENT
BIG COPPITT PARK
SECTION 00110
MAR
PROPOSAL FORM
-
RECElV!D ~
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
BID FROM: C H Pr~t~~ /Off> )It...}/'> ~ ~
Po f!t::>~ (7tt2-'7
f~fl( Y lA Jlk....<r:;.r'. ~I ~~D t.I- r
(.
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
BIG COPPITT PARK at AVENUE F on BIG COPPITT KEY, FLORIDA
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
~uJ uNdru1 6..
(Total Base Bid - words)
:-Two bot~s Clf- ~ ~e;) Dollars.
1o'i tfPrZ. z.s
I acknowledge Alternates as follows:
ALTERNATE NO.1 - BIG PINE KEY PARK DEMOLITION
See Project Manual and Drawings for Big Pine Key Park Demolition. Manual and Drawings are
separate and in addition to the Manual and Drawings for Big Coppitt Park.
Add the sum of $ I~, 1 ~ - (words) ~e.. HUf\ dtu.d F,f-h tn~ \h0l/$.I"\ J. SeIfW t-1~~ d
. ~\'{h, Do\lOJlS ~ (J1',Cll) ,
I acknowledge receipt of Addenda No.(s) " .
No.~Dated q~( 0 IP
2/10/2006
PROPOSAL FORM
00110-3
BIG COPPITT PARK
No._Dated
No._Dated
No._Dated
No._Dated
I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form_,
and the required Bid Security _, the Non-Collusion Affidavit_, the Lobbying and Conflict
of Interest Clause_. In addition, I have included a certified copy of Contractor's License,
Monroe County Occupational Licence, Insurance Requirements- Hold Harmless Statement and
an Insurance Agent's Statement.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
t f-2 A F! 1~)f -< 0 1717 "liD j '5 (7 t'\5
p.""b~ f?/ox rz '8 7
----K E: '/- ~ll .1=""\
~<2 ~5.~o ~
(~A 'GA-~. ~,;;? r'
>~D4--J
Phone Number:
Date: ~ I zg I ex",
,
Signed:
EU7'VJA--({ D -rO flP cl\.IO -Je
(Name)
v. --P
(Title)
Witness:
~~
(Seal)
2/10/2006
PROPOSAL FORM
00110-4
BIG COPPITT PARK
SECTION 00110
NON-COLLUSION AFFIDAVIT
1,~~~~~'tl.D--\~fthecity_~ tfJ~f"
according to law on m oath, and under penalty of perJury, depose and say that:
1.
I am \ ( f7.
It.
of the firm of t e:. ~
the bidder making the Proposal for the
for bids for:
s S-
ct described in the notice for calling
2.
:-;-try
and that I executed the s d proposal with full authority to do so;
the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
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;
the statements contained in this affidavit are true and correct, and made with full
knowledge that said project.
E~~.j-(yVWSJ ~ '
(Signature of Bidder)
3.
4.
5.
;d~310~
(Oat )
STATE OF:
fi--
COUNTY OF: Jl'[e>7\lfl b12
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~f( 0
70 Pflno..J,q who, after first being sworn by me, (name of individual signing) affixed his/her
signature in the space provided above on this :l.. ~ day of m p:~e.H
, 20 C ".
My commission expires:
2/10/2006
PROPOSAL FORM
00110-6
BIG COPPITT PARK
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" Cu fl f< l. iC.y to ~~ l rv6 1 $bu__<3
t (Compan )
"
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
~d-<ue<-.tJ..j~ oM7' ~
(Signature)
."5 I z. ~ 1 D~
Date:
STATE OF:
~1
COUNTY OF: -Y\0D il{ ~ 0 e...
3/2..3 lot!.,
Subscribed and sworn to( or affirmed) before me on
( date)
by ~'U..Jf1R.U~)~~C'J -1 ~
known to me
--
--
He/She is personally
.-
(name of affiant).
or has produced
identification. (type of identification)
as
My commission expires:
~ ~ NG
~~ MY COMMISSION II 00 45: 'I
. : EXPIRES: August 19, 20W I'
Bonded ThN NoI8Iy Public \JndIM11leNl .,
!"-'.'-i~~
2/10/2006
PROPOSAL FORM
00110-7
BIG COPPITT PARK
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
--C-B A. R l B)I ~J fZ'Q tf',o .t .s'o n5
(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 certify that this firm complies fully with the
above requirements.
t:-d..v,..& j ~ WJ ~.
Bidders Signature
:5 J 1., 5 f O~
I I Date
I
2/10/2006
PROPOSAL FORM
00110-8
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Bond No.SUl014189
~,~ AIA@
......,..
Document A312" . 1984
Monroe County
Focllflea Development
Performance Bond
JUN 07 2006
TIME: . I ~: 57 ~".,
RECEIVED BY: 'tJ--
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of
Business):
Charley Toppino & Sons, lne.
DS One at Mile Marker, 8 1/2 Rockland Key
Key West, FL 33040
OWNl:R (Name and address):
CONTRP.CTOR A.S PRINCIPAL
ComptmY: (Corporate Seal)
Charley TotJpinC' & Sons, Inc.
SURETY
Company: (Cor
Arch Insuran
rateSllal)
ompany
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for Its
completlon. The aullior may also
have revIsed Ihe texl of Ihe
original AlA standard form. An
AdrJiUons Bnd Deletions Report that
notes added Information as well as
revisIons to the standard form text
is available from the author and
Sllould be. reviewed. A vertical
line in 1M left margin of this
document Indicates where the
author has added necessary
information and where the author
has added to or deleted from the
origInal AlA text.
This document has important
legal consequences.
Consultation with an attorney [s
encouraged with respect to its
complelion O( modification.
Any singular reference fo Contract,
Surety, OWner or other party shall
be conslde:red plural w~ere
applicable.
Monroe County Board of County
Commissioners
1100 Simonton Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date:
AmDunt: $860,242.25
Description (Name and Location):
Arch lnsuranee Company
One Liberty Plaza, 53rd Floor
New Yark, NY 10006
Big Coppitt Key Park, Big Pine Key Demolition
BOND
Da~e (Net earlier than COl1strucffon Contl'act Date): May 16, 2006
Amollat: $860,242.25
Modifi(:atiC!n~ to this Bond: IXXXX I None D See last page
Signature:
Name and
Title:
. ~~O~
Slgnnture: 1/' p.~ f'
N"Ome'~d V\V'. fOP IVJO
Title: ~. I
(Any od. iti'J,fjf J)~l,g/~ OJ' 0" tlu? Ips! page)
illiam L Parker, Attorney in Fact & FL Resident Agent
(FOR INFORMATION ONLY ~ Name, Addre.ss and Telephone)
AGENT or BROKER: OWNER'S R.EPRESENTATIVE
(Architect, Engineer or other party):
InSource, lne.
9500 S Dadeland Blvd.
Miami, FL 33156
~
AlA Document A312lM ~ 1984. Copyrlght@ 1984 by The American Institute of Architects. All rights reserved. WARNING: This A/A Document
Is protected by U.S. Copyright Law and InternatIonal Treatles. Unauthorized reproduction OT distrIbution of this AlA Documenl, or any
portion of it, may result In severe civil and crimfnal penalties., and wJ1l be proseculed to the maximum extent pOSSible urlder the law. This
document was prOduced by AlA software under Order No.100019S031_1, and is not for resale.
User Noles: (301585610)
9 1 The Contractor and the Surety, jointly and severally, bind themselves. their heirs, executors. administrators,
successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein
by reference.
~ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond. except to participate in conferences as provided in Section 3. 1.
~ 3 If there is no Owner Default. the SurelY's obligation under this Bond shall arise after:
* 3.1 The Owner has notified the Contractor and the Surety at its address descrjbed in Section 10 below that the Owner is
considering declaring a Contractor Default and has requested and attempted to arrange a conference with the
Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss luethods of
performing the Construction Contract. If the Owner, the Contractor and tbe Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owner's
right, if any. subsequently to declare a Contractor Default; and
93.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety
have received notice as provided in Section 3.1; and
9 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety tn accordance with the terms of
the Construction Contract or to a contractor selected to pe1'form the Construction Contract in accordance with the
terms of tlle contract with the Owner.
9 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
~ 4. t Arrange for the Contractor. with consent Oft'l16 Ownerl to perform and complete the Constl'uction Contract: or
* 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent
contractors: or
~ 4.3 Obtain bids 01' negotiated proposals from qualified contractors acceptable to the Owner for a contract for
perfol'mance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 6 in excess oftlle Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
~ 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonabJe promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and. as soon as
practicable aftCJ' the amount is determined, tender payment tJlcrefor to the Owner; or
,2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
~ 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy
available to the OWner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or
the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
g 6 After the Owner has terminated the Contractor's right to complete the Construction Contract. and if the Surety
elects to act under Section 4.1, 4.2. or 4.3 above. then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. To the limit oftlle amount of
this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and
damages on tile Construction COJl1ract. the Surety is obligated without duplication for:
AlA Document A312T'A _ 1984. Copyrlght@ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AlA Document. or any 2
portion of It. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software under Order No.1 000198031_1. and 15 not for resale.
User Noles: (301585610)
~ 6,1 The responsibilities of the Contractor for cOn'ection of defective work and completion of the Construction
Contract;
9 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under Section 4; and
g 6.3 Liquidated damages, or ifno liquidated dan1.ages are specified in the Construction Contract. actual damages
caused by delayed performance or nOllMperformance of the Contractor.
9 7 The Surety shaH not be liable to the Owner 01' others foJ' obljgations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors. administrators Or successors.
~ 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
~ 9 Any proceeding, legal or equitable. tinder this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within. two years after Contl'actor Default
or witl1irl (wo years after the Contractor ceased working or witllin two years after the Surety refuses or fails to pcrform
its obligations under this BOllc!. whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,
the minimum period DfJimitation available to sureties as 8 defense in the jurisdiction Of the Suit shall be applicable.
g 10 Notice to the Surety, the Owner or the Cont,..ctor shall be mailed or delivered to the address shown on the
signature page,
g 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this BOlld conflicting witb said statutory 01' legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or other legall'equirement shall be
deemed incorporated herein. The intent is that this Bond shall be COJlstrued as a statutory bond and not as a common
law bond.
g 12 DEFINITIONS
~ 12.1 Balance of the Contract PI.ice: The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made. inclUding allowance to thc Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Con(tactor is entitled, reduced by all valid and propel' payments made to or on behalf of the Contractor under the
Construction Contract.
g 12.2 Construction Contract: The agl"eemel1t between the Owner and the Contractor identified on the signature page,
including- all Contract Documents and changes thereto.
* 12.3 ~QntractoJ' Def~uJt: FaHul'c of the Contractor, which has neJthel' been remedjed nor waived. to perform OJ'
otherWise to comply wlth the terms of the Construction Contract.
~ 12.4 Owner Default: Failure of the Ownel., which has neither been remedied 1101' waived, to pay the Contractor as
required by the Construction Contract or to perform and complete Qr comply with the other terms thel'cof.
AlA Document A312™ M 1984. CopyrlghtlO 1984 by The American InstitutE) of Ar<:.hllecls. AU rights reserved. WARNING: This AlA Document
is protected by U.S. Copyright Law and InternOltlonal Treaties. Unauthorized reproduction Dr distrlbutlon of this AlA Document, or any 3
portion of It, may result In severe dvll and criminal penalties, and will be proseculed to the maximum extent Possible under the law. This
documen.j was produced by AlA software under Order NO.100019803'_', and Is no! ff}r resale.
User Noles: (301685810)
~ 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space ;$ provided below for additional signatures of added parties, other fhan those appearing on tho COller page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorpOJ'ate Seal) Company: (CoJ'porole Seal)
Signature:
Name and 1'itle:
Address;
Signature:
Name and Title;
Address:
AlA Document A312TM .1984. copyrlght@ 1984 by The American Institute of Architects. All rights reserved. WARNING: ThIs AlA Document
Is profectea by U.S. COPyright law and International Treaties. Unauthonzed r~productlon or dlstrlbullon of thJs AlA Document, or any of
portfon of It, may resUlt fn severe cMI and orimlnal penalties, and WIll be prosecl.l1ed to the maximum extent posslbfe under the taw. Thfs
document was produced by AlA software under Order No.1000198031_1, and Is not for resale,
User Noles: (301585610)
Bond No. SU1014189
Payment Bond
CQJ}I,~~Ill<A!i<l.Md&,sl:lic.
US One at Mile Marker, 8 1/2
Rockland Key
Key West, FL 33040
OWNER (Name and Address):
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Dale:
SURETY (Name and Principal Place of
Business):
Arch Insurance Company
One Liberty Plaza, 53rd Floor
New York, NY 10006
Amount: $860,242.25
Description (Name and Location):
BOND Big Coppitt Key Park, Big Pine Key Demolition
Date (Not em'lier than Construction Contract Date): May 16, 2006
Amonnt: $860,242.25
ModificatiOllS to tbis Bond:
L-J None
[Z] See last Page
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Charley Toppino & Sons, Inc.
SURETY
Company: (Corpol'ate Seal)
Arch Insurance C mpany
7'il~G ~
Signature: \--rc..", k V. \ 00 \ 0
Name and Title: ,
(Any addilionol signatures appear on the last page)
Wi] am L. Parker, Attorney in Fact & FL Resident Agent
Name and Title:
Signature:
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
lnSource, Inc.
9500 S Dadeland Blvd.
Miami, FL 33156
AlA Document A312TM ..1984. Copyrlght@ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dIstribution of this AlA Document,- or any 5
portion of it, may result In severe civil and crIminal p~l1altles. and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA sot/ware under Order No.1DOO198031~ 1, and is not fDr resale.
~ 1 The ContractGt and the Surety. jointly and severally bind themselves, their heirs. executors, administrators.
Successors and assigns to the Owner to pay for labor, materials and equipment furnished for USe in tHe performance
of the Construction Contract, which is incorporated herein by reference.
~ 2 With respect to the Owner, this obligation shall be null and void if the Contractor:
92.1 Promptly makes payment, direc1fy or indirectly, for all sums due Claimants, and
~ 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, Hens or suits by any persoll or entity
whose claim, demand, lien or suit is for the payment for labor. materials or equipment furnished for use in the
performance of the COJlstruction Contract, provided the Owner has promptly notified tIle Contractor and tIle Surety
(at the address described in Section 12) of any claims) demands, liens or suits and tendered defense ofs\lch claims,
demands, l1ens or suits to the Contractor and the Surety, and provided there is no Owner Default.
9 3 With respect to Claimants. this obligation shall be null aud void if the COll1ractol' promptly l1lakes payment,
dircctly or indirectly, for all sums due.
~ 4 The Surety shall have no obligation to Claimants under this Bond until:
~ 4,1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at
the address descrjbed ill Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being
made under this Bond and, with substantial accuracy, the amount of the claim.
~ 4.2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the ContTactoJ' IIDd sellt a copy, or notice thereof. to the OWller.
within 90 days after having last performed labor or last furnished materials or equipment included in
the claim stating, whh substantial accuracy, the amount of the claim and the name of the party to whom
the materials were fumishcd or supplied or for whom the labor was done 01' performed; and
.2 Have either received a rejection in whole or in part from the Contractor. 01' not received within 30
days of furnishing the above notice allY communication from the Contractor by which the Contractor
has indicated the claim will he paid directly or indirectly; and
.3 Not having been paid within the above 30 days, !lave sent a written notice to the Surety (at the
address described in Section J 2) and seM a copY. or notice thereof, to the Owner, stating that a claim
is being made under this Bond and enclosing a copy of the previous writtel1notice furnished to the
Contractor.
S 5 If a Dotice reqllired by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient
compliance.
9 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety1s
expense take lbe following /lctions;
~ 6,1 Send an answer to the Claimant, with a copy to the OWJ1~r, witllln 45 -days-after receipt oftbe claim, slati]lg the
amounts that are undisputed and the basis for challenging any amounts that are disputed.
g 6.2 Payor arrange foJ' paymellt of ally undisputed amounts.
~ 7 TIle Surety's total obJigatioll s11al1 not exceed the amOtlllt of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
~ 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of tlIe Construction Contract and to satisfy claims. if flny, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds carried by the Contractor
ill 011' performanc6 of the COJlSlruction COIJ!ract are dedicated to satisfy ooligatiolls of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
~ 9 The Sllrety shalll10t be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to tIle Construction COl1traot. rlJe OWlJel' sll811110t be Hable for pa]'lmmt of allY costs Dr expenses of 1m}' CJalmnnt
under this Bond, and shall have under this BQnd no obligations to make payments to, give notices 011 behalf of, or
otherwise have obligations to Claimants under this B011d.
AlA DOCUment A312™ -1984. CopYright ~ 1984 by The American Inalllut$ of Architects. All rIghts reserved. WARNINC: This AlA Document 6
Is Ilrotected by U.S. Copyright law and International Treaties. Unauthorized rftproductloo or distribufion of fhls AlA DOCUment, or any
portlon of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible. under the law. This
document was produced by AlA software under Order No.1000198031_1. and Is nol for resale.
US&f Notes: {3()1585610}
9 10 The Surety hereby waives notice of any change~ including changes aftime. to the Construction Contract or to
related subcontractsl purchase orders and other obligations,
9 11 No Suit or action shaH be commenced by a Claimant under this Bond other than in a court of competent jurisdiction
in the location in which tho work or part of the work is located or after the expiration of ono year from the date (1)
on which the Claimant gave the notice required by Section 4.1 or Section 4,2.3. or (2) on which the last labor or
service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction
Contract) wllichever of (1) or (2) first occurs. If the provisiollS of this Pal'agraph are void 01' prohibited by law, the
minimum period of limitation available to sureties as a defense in the jurisdiclioll of the suit shaH be applicable,
912 Notice to the Surety, the Ownel' or the Contractor shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety. tlTe Owner or the Contractor, however accomplished, shaH be
sufficient compliance as of the date received at the address shown all the signature page,
9 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the 10catio11 where
the construction was to be performed, any provision ill this Bond conflicting with said statutory oj' legal requirement
shall be deemed deleted herefrolll and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is tbat this Bond sl1811 be constmed as a statutory bond and not as a common law
bon,!.
9 14 Upon request by any person or entity 81)pearlng 10 be n potential beneficiary of this Bond) the Contractor sbal1
promptly furnish a copy ofthis Bond or sfmll permit a copy to be made.
!lIS DEFINITIONS
~ 15,1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials 01' equipment for use ill the performance (lethe Contract, Tbe intent ofthis
Boud shall be to include without limitation in the terms 1l1abol', materials or equipment" that palt ofwatel') gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in rho Construction Contract. architectural and
cngineering services required for performance of the work of the Contractor and tbe Contractor's subcontractors, and aU
other items for which a mechanic's lien may be asserted in the jurisdiction where tl1e labor, materials or equipment were
furnished.
9 15.2 Cons1ruction Contract: The agreemcnt between the Owner and tile Contractor identified on the signature page.
including all Contract Documents and changes thereto.
~ 15.3 Owner Default: Failure ofllie Owner, which has neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with tile other terms thel'eof,
!l16 MODIFICATIONS TO mls BOND ARE AS FOLLOWS:
'Ibis bolld Is given 10 oomply with sectfon 255,05 Florida S-.1Ind M)' IlClfon
instituted by a ,Iaimant under this bond Ibr payment must be in aeeordanoe with the
nocioe IlI1d lime limllalioo provisions in Section ~5,O!(%). FIoridaS_
(Space is p"vvided below for additional signatures of added parties, other (han (hose appearing Oil/he cove,. page.)
CONTKACTORAS PRINCIPAL SURETY
COll1pa'IY: (Corporate Seal) Company: (Corp
Charley Topp~ Sons, ~n?t Arch Insurance Company
)C~J,j')
Signatuce: (- :J--- ..
Name and Title: Y-Y cl<vt k \, 'O.f-P 111 0
Address: f,>O, ~O r;0:.7 I
Vel wed; n. 63041
Signature:
Name and Title:
Address:
William L. arker, Attorney in Fact & FL Resident Agent
AlA Document A312Tf,\ -1984. Copyrlght@ 1964 by The American Insl1tute of Architects. All rights reserve~. WARNING: Th[s AlA Document
Is protected by U.s. Copyright Law and !nternatlonal ,realles. Unauthorlzecl reproduction or dlstrlbut[on of this AlA Document, or any
portion of it, may result [n severe civil and criminal penalties, aM will be prosecute" 10 the maximum extent possible under the law. This
document was prodUCed by AlA software under Order No.1000198031_1, and Is not for resale.
User Notes (3015858101
1