HomeMy WebLinkAbout2000-307///. C' c/
Do- 307
Constructi®n Management At
Risk
Agreement Between Owner And Contractor
PROJECT # 9926
PROJECT NAME/LOCATION
North County Regional Park
Indian River County, Florida
OWNER
Indian River County
Board of County Commissioners
1840 25" Street
Vero Beach, FL 32960
CONTRACTOR
Proctor Construction Company
1401 Highway AIA
Suite #301
Vero Beach, FL 32963
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ARTICLE
DESCRIPTION
1.0
The Construction Team and Extent of Agreement
2.0
Contractor's Services
3.0
Owner's Responsibilities
4.0
Permitting and Inspection
5.0
Subcontracts
6.0
Schedule, Time of Commencement and Substantial Completion
7.0
Guaranteed Maximum Price for Construction
8.0
Contractor's Fee
9.0
Cost of the Project
!� 10.0
Changes in the Project
11.0
Discounts and Penalties
12.0
Payments to the Contractor
13.0
Insurance and Indemnity
14.0
Termination of the Agreement and Owner's Right to Perform
15.0
Assignment and Governing Law
16.0
Notice of Claim; Waiver of Remedies; No Damages for Delay
17.0
Miscellaneous
18.0
Exhibits
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23-25
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FORM OF AGREEMENT
BETWEEN
OWNER AND CONTRACTOR
This AGREEMENT made this _ day of 2000, by and between the Indian River County Board of County Commissioners,
hereinafter called the Owner, and
Proctor Construction Company
hereinafter called the Contractor.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
The Contractor accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants
with the Owner to furnish his best skill and judgement and to cooperate with the Architect -Engineer, in furthering the interests of the
Owner. He agrees to furnish efficient business administration and superintendence and use his best efforts to complete the Project in the
best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner.
The Construction Team The Contractor, the Owner and the Architect -Engineer, called the "Construction Team", shall work
jointly during design and through final construction completion and shall be available thereafter should additional services be
required. The Architect -Engineer will provide leadership during the Design Phase with support from the Contractor, and the
Contractor shall provide leadership to the Construction Team on all matters relating to construction.
The specific representatives of the Construction Team are shown in Exhibit A attached.
1.2 Extent of Agreement This Agreement for "Project / North County Regional Park, Indian River County, Florida"
between the Owner and the Contractor supersedes any prior negotiations, representations or agreements. When Drawings,
Specifications and other descriptive documents defining the work to be included under a construction authorization are
complete, they shall be identified in the construction authorization issued by the Project Manager. When Drawings,
Specifications and other descriptive documents defining the work to be included in the Guaranteed Maximum Price (GMP) are
complete, an Amendment to the Agreement shall be signed by the Owner and Contractor, acknowledging the GMP amount
and the Drawings, Specifications and other descriptive documents upon which the GMP is based. To expedite the preparation
of this GMP Amendment by the Owner, the Contractor shall obtain three (3) sets of signed, sealed and dated Drawings,
Specifications and other documents upon which the GMP is based from the Architect -Engineer, shall acknowledge on the face
of each document of each set that it is the set upon which he based his GMP and shall send one set of the documents to the
Owner's Contracts Administrator along with his GMP proposal, while keeping one set for himself and returning one set to the
Architect -Engineer.
This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by
written instrument signed by both Owner and Contractor.
1.3
Project The Project is the total work to be performed under this Agreement. The Project consists of planning,
design, permitting, and if the parties agree by separate agreement on an amount of compensation to be paid during the
construction phase, construction for "Project / North County Regional Park, Indian River County, Florida" necessary to
build the component parts identified in Exhibit B.
Owner Indian River County. The entity that will occupy, use and own the Project upon substantial completion is Indian River
County. The funds with which the compensation of the architects, engineers, contractors, etc. will be paid are under the
control of Indian River County Board of County Commissioners, based on approval of each payment by Indian River County.
S
Permitting Authority Indian River County Board of County Commissioners, Florida.
Contractor Proctor Construction Company
Architect -Engineer Engineer — Brad Smith & Associates, Inc.
Sub -Consultants Edlund & Drittenbas, Carter Associates, Environmental Consulting Group, and Weller Pool Constructors.
Prgject Manager The person designated by the Owner to provide direct interface with the Contractor with respect to the
Owner's responsibilities. (See Exhibit A)
Owner's Representatives The Project Manager and his superiors or designee(s).
Estimat The Contractor's latest estimate of probable Project Construction Cost.
1.4 Owner's Construction Budget Owner's funds budgeted and requested for construction of Phase 1 for the Project. The
Owner's Construction Budget is S 4.112.400.00identified in Exhibit B, including all Contractor fees, costs of work and the
Owner's and Contractor's construction and interface contingencies as defined in Articles 8 and 9. This acknowledgement of
the Owner's budgeted funds is not to be construed as the Contractor's Guaranteed Maximum Price. A Guaranteed Maximum
Price will be offered by separate documentation as outlined in Article 7.
ARTICLE 2
CONTRACTOR'S SERVICES
The services which the Contractor shall provide include, but are not limited to, those described or specified herein. The services described
or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically
mentioned.
2.1 Proiect Management Information System (PMIS)
2.1.1 General:
(1) Commencing immediately after contract award, the Contractor shall implement and shall utilize throughout the life
of this Contract all subsystems of the Project Management Information System hereinafter referred to as PMIS.
(2) The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the
Project and of the work remaining to be accomplished and it shall provide a sound basis for identifying variances
and problems and for making management decisions. It shall be prepared and furnished to the Owner and the
Architect -Engineer monthly and shall accompany each pay request.
(3) If requested by the Project Manager, the Contractor shall conduct a comprehensive workshop in Vero Beach, Florida
for participants designated by the Project Manager and additional seminars as required to provide instruction. This
workshop and the seminars shall facilitate each participant's and the Owner's representatives' use and the
understanding of PMIS; shall support, in part, the function of organizing in concert with the Architect -Engineer for
the design and construction of the Project; and shall establish, with the full concurrence of the Owner and the
Architect -Engineer, procedures for accomplLhiug the management control aspect of the Project.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrative Reporting, on a monthly basis,
(b) Schedule Control, on a monthly basis,
(c) Cost Control, and estimating,
(d) Project Accounting,
(e) Accounting and Payment, and
(f) Action Reports.
2.1.2 Narrative RepQrtffimi Sub System
(1) The Contractor shall prepare written reports as described hereunder. No other PMIS narrative reports shall be
required. All reports shall be in 8.5" X 1 I" format.
(2) The Narrative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overview of current issues and pending decisions,
future developments and expected achievements, and any problems or delays, including code violations
found by Permitting Authority.
(b) A Monthly Cost Narrative describing the current Construction Cost estimate status of the Project.
(c) A Monthly Scheduling Narrative summarizing the current status of the overall Project Schedule. This
report shall include an analysis of the various Project Schedules, a description of the critical path, and
other analyses as necessary to compare planned performance with actual performance.
(d) A Monthly Accounting Narrative describing the current cost and payment status of the entire Project. This
report shall relate current encumbrances and expenditures to the budget allocations.
(e) A Monthly Construction Progress Report during the Construction Phase summarizing the work of the
various subcontractors. This report shall include information from the weekly job site meetings, as
applicable, such as general conditions, long lead supplies, current deliveries, safety and labor relations
programs permits, construction problems and recommendations, and plans for the succeeding month.
(f) A Daily Construction Diary during the Construction Phase describing events and conditions on the site.
(g) A Monthly Local Business Enterprise Report during the Construction Phase summarizing the participation
of local subcontractorstmaterial suppliers for the current month, and Project to date.
(h) Construction Manager shall submit, for Owner approval, a direct tax savings purchase plan that, upon
acceptance, will be part of the Construction Manager's services.
(3) The reports outlined in subsection (2)(a) through (e) above shall be bound with applicable computer reports and
submitted monthly during Design and Construction phases and shall be current through the end of the preceding
month. Copies shall be transmitted to the Owner and the Architect -Engineer and others designated by the Project
Manager with the monthly pay requisition.
Additional copies of the report outlined in subsection (2)(a) shall be bound separately and distributed monthly
as directed by the Project Manager.
(4) The report outlined in subsection (2)(f) above shall be maintained at the site available to the Owner and Architect -
Engineer.
2.1.3 Schedule Control Subsystem
(1) Master Project Schedule Upon award of this Contract, the Construction Team, shall submit a master Project
Schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This
Schedule will serve as the framework for the subsequent development of all detailed schedules. The master Project
Schedule shall be produced and updated monthly throughout the Project.
(2) Construction Schedule
Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare
and submit to the Architect -Engineer a Construction Schedule graphically depicting the activities contemplated to
occur as a necessary incident to performance of the work required to complete the Project, showing the sequence in
which the Contractor proposes for each such activity to occur and duration (dates of commencement and
completion, respectively) of each such activity.
Following development and submittal of the Construction Schedule as aforesaid, the Contractor shall, at the end of
each calendar month occurring thereafter during the period of time required to finally complete the subject Project,
or at such earlier intervals as circumstances may require, update and/or revise the Construction Schedule to show the
actual progress of the work performed and the occurrence of all events which have affected the progress of
performance of the work already performed or will affect the progress of the performance of the work yet to be
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ED
j performed in contrast with the planned progress of performance of such work, as depicted on the original
Construction Schedule and all updates and/or revisions thereto as reflected in the updated and/or revised
Construction Schedule last submitted prior to submittal of each such monthly update and revision. Each such update
and/or revision to the Construction Schedule shall be submitted to the Architect -Engineer in duplicate. Failure of the
Contractor to update, revise, and submit the Construction Schedule as aforesaid shall be sufficient grounds for the
Architect -Engineer to find the Contractor in substantial default and certify to the Owner that sufficient cause exists
to terminate the Contract or to withhold payment to the Contractor until a schedule update acceptable to the
Architect -Engineer is submitted.
2.1.4 Cost Control Sub System The operation of this subsystem shall provide sufficient timely data and detail to permit the
Construction Team to control and adjust the Project requirements, needs, materials equipment and systems by building and
site elements so that Construction will be completed at a cost which, together with all other Project costs, will not exceed the
maximum total Project budget. Requirements of this subsystem include the following submissions at the following phases of
the Project:
Estimate i
(a) At Completion of 100% Construction Documents Phase for Each Item of Bid Package.
(b) At establishment of the Guaranteed Maximum Price.
2.1.5 ProqectAccountini!Subsysteni The operation of this subsystem shall enable the Construction Team to plan effectively and to
monitor and control the funds available for the Project, cash flow, costs, change orders, payments, and other major financial
factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable. This subsystem will be
produced and updated monthly and includes the following reports which together will serve as a basic accounting tool and an
audit trail. This report will also provide for accounting by building and site element.
(a) o tc Sta .s R p,2rt presenting the budget, estimate and base commitment (awarded contracts and purchase orders)
for any given contract or budget line item. It shall show approved change orders for each contract which when
added to the base commitment will become the total commitment. Pending change orders will also be shown to
produce the total estimated probable cost to complete the work.
(b) Aayment Status Report showing the value in place (both current and cumulative), the amount invoiced (both
current and cumulative), the retained, the amount payable (both current and cumulative), and the balance remaining.
A summary of this report shall accompany each pay request.
(c) A Detailed Status Repo rt showing the complete activity history of each item in the project accounting structure. It
shall include the budget, estimate and base commitment figures for each contract. It shall give the change order
history including change order numbers, description, proposed and approved dates, and the proposed and approved
dollar amounts. It shall also show all pending or rejected change orders.
(d) A Cash Flow Diagram showing the projected accumulation of cash payments against the Project. Cash flow
projections shall be generated for anticipated monthly payments as well as cumulative payments.
(e) A Job Ledger shall be maintained as necessary to supplement the operation of the Project accounting subsystem.
The job ledger will be used to provide Construction Cost accountability for general conditions work, on-site
reimbursable expenses and costs requiring accounting needs.
2.2 Fmiect Manual
(1) Upon award of contract, the Contractor shall develop a draft comprehensive Project Manual describing the services
set forth in this Contract. This shall provide a plan for the control, direction, coordination and evaluation of work
performed throughout the project organization including identification of key personnel, responsibilities of
Contractor, Owner and Architect -Engineer; work flow diagrams; and strategy for bidding the work. The Project
Manual shall be updated as necessary throughout the design, construction and Owner Occupancy phases. Five (5)
copies of the Project Manual and any updates shall be submitted to the Owner and Architect -Engineer. In
developing the Project Manual, the Contractor shall coordinate with the Owner and the Architect -Engineer.
a
(2) Contents of Prgject Manual The Project Manual shall describe in detail the procedures for executing the work and
the organizations participating. The Project Manual shall include as a minimum the following sections:
(a) Project Definition The known characteristics of the project or subprojects slialI be described in general
terms which will provide the participants a basic understanding of the project or subprojects.
(b) Project Goals The Schedule, budget, physical, technical and other objectives for the project shall be
defined.
(c) Pwject Stratq,,,av A narrative description of the project delivery methods shall be utilized to accomplish the
project goals.
(d) l!EQject Work Plan A matrix display of the program of work to be performed by the Contractor, the
Architect -Engineer and the Owner during each phase of the Project.
(e) P_rsject Omni A summary organization chart showing the interrelationships between the Owner,
the Contractor and the Architect -Engineer, and other supporting organizations and permitting review
agencies. Detailed charts, one each for the Contractor, the Architect -Engineer, the Using Agency and
Owner showing organizational elements participating in the Project shall be included.
(f)
Respgrisibifily Performance Chart A detailed matrix showing the specific responsibilities and
interrelationships of the Owner, the Architect -Engineer and Contractor. The Responsibility Performance
Chart shall indicate major responsibility and minor responsibility for each specific task required to deliver
the Project. The Contractor shall develop a similar chart for the personnel within his own organization
who are assigned to the Project and also for the personnel of the Owner and the Architect -Engineer from
data supplied by each.
(g) Flow Diagrams These charts shall display the flow of information and the decision process for the review
and approval of shop drawings and submittals, progress and change orders.
(h) Written Prosed= The Contractor will provide written procedures for communications and coordination
required between Construction Team members throughout the Project. Procedures shall cover such items
as correspondence, minutes, reports, inspections, team meetings, technical reviews, design reviews and
other necessary communications.
2.3 Design Review and Recommendations
(1) Review and Recommendations and Warranty The Contractor shall familiarize himself thoroughly with the evolving
architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the
development of design from preliminaries through working drawings. He shall make recommendations with respect
to the selection of systems and materials, and cost reducing altematives including assistance to the Architect -
Engineer, and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall speak
to the benefits of the speed of erection and early completion of the Project. He shall furnish pertinent information as
to the availability of materials and labor that will be required. He shall submit to the Owner, Permitting Authority
and Architect -Engineer such comments as may be appropriate concerning construction feasibility and practicality.
He shall call to the Project Manager's and the Architect -Engineer's attention any apparent defects in the design,
drawings and specifications or other documents. He shall prepare an estimate of the Construction Cost utilizing the
unit quantity survey method.
(2) Review Reports and Warranty Within forty (45) days after receiving the Construction Documents for each phase of
the Project, the Contractor shall perform a specific review thereof, focused upon factors of a nature encompassed in
paragraph (1) above and on factors set out in paragraph (5). Promptly after completion of the review, he shall
submit to the Project Manager and Permitting Authority, with copies to the Architect -Engineer, a written report
covering suggestions or recommendations previously submitted, additional suggestions or recommendations as he
may deem appropriate, and all actions taken by the Architect -Engineer with respect to same, any comments he may
deem to be appropriate with respect to separating the work into separate contracts, alternative materials, and all
comments called for under Article 2.3(5).
AT COMPLETION OF THE CONTRACTOR'S REVIEW OF THE PLANS AND SPECIFICATIONS, EXCEPT
ONLY AS TO SPECIFIC MATTERS AS MAY BE IDENTIFIED BY APPROPRIATE COMMENTS PURSUANT
TO THIS SECTION, THE CONTRACTOR SHALL WARRANT, WITHOUT ASSUMING ANY
ARCHITECTURAL OR ENGINEERING RESPONSIBILITY, THAT Till: PLANS AND SPECIFICATIONS ARE
CONSISTENT, PRACTICAL, FEASIBLE AND CONSTRUCTIBLE. CONTRACTOR SHALL WARRANT
THAT THE WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS BIDDING
PACKAGES IS CONSTRUCTIBLE WITHIN THE SC14EDULED TIME.
DISCLAIMER OF WARRANTY - THE OWNER DISCLAIMS ANY WARRANTY THAT THE PLANS AND
SPECIFICATIONS FOR TIIF, PROJECT ARE ACCURATE, PRACTICAL, CONSISTENT OR
CONSTRUCTIBLE.
(3) Lone Lead Procurements The Contractor shall review the design for the purpose of identifying long lead
procurement items (machinery, equipment, materials and supplies). When each item is identified, the Contractor
shall notify the subcontractors, the Project Manager and the Architect -Engineer of the required procurement and
schedule. Such information shall be included in the bid documents and made a part of all affected subcontracts. As
soon as the Architect -Engineer has completed drawings and technical specifications and the Contractor has obtained
permitting approval, the Contractor shall prepare invitations for bids. The Contractor shall keep himself informed of
the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project
Manager, Owner and Architect -Engineer of any problems or prospective delay in delivery.
(4) Separate Contracts Planning The Contractor shall review the design with the Architect -Engineer and make
recommendations to the Owner and to the Architect -Engineer with respect to dividing the work in such mariner as
will permit the Contractor to take bids and award separate construction subcontracts on the current schedule while
the design is being completed. He shall take into consideration such factors as natural and practical lines of
severability, sequencing effectiveness, access and availability constraints, total time for completion, construction
market conditions, availability of labor and materials, community relations and any other factors pertinent to saving
time and cost by overlapping design and construction that are authorized by the Owner.
(5)
(a) The Contractor shall take such measures as are appropriate to provide that all Construction requirements
will be covered in the separate subcontracts for procurement of long lead items, the separate construction
subcontracts and the general conditions items performed without duplication or overlap, sequenced to
maintain completion of all work on schedule. Particular attention shall be given to provide that each bid
package clearly identifies the work included in that particular separate subcontract, its schedule for start
and completion and its relationship to other separate contractors.
(b) Without assuming any design responsibilities of the Architect -Engineer, the Contractor shall include in the
reports required under Article 2.3(2) comments on overlap with any other separate subcontracts,
omissions, lack of correlation between drawings, and any other deficiencies noted, in order that the Project
Manager and Architect -Engineer may arrange for necessary corrections.
(c) The Contractor shall provide all necessary accommodations to do work together with any other contractor
independent of this contract during the construction phase of this project.
(6) Job -Site Facilities The Contractor shall arrange for all Job -Site facilities necessary to enable the Contractor and the
Owner's representatives and the Architect -Engineer to perform their respective duties in the management, inspection
and supervision of construction.
Tangible personal property, otherwise referred to as Job -Site facilities, include but are not limited to such things as
trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Project. The method of
acquiring such Job -Site facilities which are planned to become the property of the Owner at the conclusion of the
Project shall be evaluated based on cost over the life of the Project. Owning versus leasing shall be considered by
the Contractor obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and
then analyzing which is least expensive over the usage life of the item. The Contractor shall present his evaluation
with recommendation to the Owner for approval.
When the Contractor wishes to supply Job -Site facilities from his own equipment pool, he shall first evaluate buy
versus lease as discussed in the paragraph above. If leasing is found to be the least expensive approach, then he may
lease such Job -Site facilities from his own equipment pool at a price not greater than the lowest of the three (3) lease
proposals obtained.
For all such facilities purchased which may become the property of the Owner at the conclusion of the Project, the
Contractor shall maintain ownership responsibilities of such facilities until the project conclusion. Reimbursement
for cost of such eyuipmcnt will be made at the conclusion of the Project at the documented purchase price. At that
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time, the Contractor shall provide the Owner with a compete inventory for each unit of equipment. The inventory
shall describe the equipment and identify the purchase price, serial number, model number and condition. Where
said equipment has a title, said title shall be properly transferred to the Owner or to his designee.
The Contractor is responsible for proper care and maintenance of all equipment while in his control. At the time of
transfer to the Owner, the Owner may refuse acceptance of the equipment if the Owner determines in its sole
discretion that the equipment has not been properly cared for by the Contractor or that such acquisition would not
otherwise be in the best interest of the Owner. In such event, the Contractor will be reimbursed for such item in
accordance with Article 9.2(4) hereof.
(7) Weather Protection The Contractor shall ascertain what temporary enclosures, if any, of building areas should be
provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods
when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his
recommendations as to needed requirements of this nature and as to the Contract or contracts in which they should
be included.
(8) Market Analysis and Stimulation of Bidder Interest
(a) The contractor shall monitor conditions in the construction market to identify factors that will or may
affect costs and time for completing the Project; he shall make analysis as necessary to (1) determine and
report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages
or surpluses of labor or material, and (2) in light of such determinations, make recommendations as may
be appropriate with respect to long lead procurements, separation of construction into bid packages,
sequencing of work, use of alternative materials, equipment or methods, other economics in design or
construction, and other matters that will promote cost savings and completion within the scheduled time.
(b) The Contractor shall carry out an active program of stimulating interest of qualified contractors in bidding
on the work and of familiarizing those bidders with the requirements of this Project.
2.4 Construction Phase
(1) Contractor's Staff The Contractor shall maintain sufficient off-site support staff, and competent full time staff at
the Project site authorized to act on behalf of the Contractor to coordinate, inspect and provide general direction of
the work and progress of the subcontractors and shall provide no less than those personnel during respective phases
of construction that are set forth in Exhibit C to this Agreement. He shall not change any of those persons named in
Exhibit C unless mutually agreed by the Owner and Contractor. In such case, the Owner shall have the right of
approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld.
(2) Lines of Authority The Contractor shall establish and maintain lines of authority for this personnel, and shall
provide this definition to the Owner and all other affected parties such as the code inspectors of the Permitting
Authority, the subcontractors, the Architect -Engineer and the Owner's representatives, to provide general direction
of the work and progress of the various phases and subcontractors. The Owner and Architect -Engineer may attend
meetings between the Contractor and his Subcontractors; however, such attendance shall not diminish either the
authority or responsibility of the Contractor to administer the subcontractor.
(3) Schedule and Project Manual Provisions The Contractor shall provide subcontractors and the Owner, its
representatives and the Architect -Engineer with copies of the Project Manual (total number of copies not to exceed
10) developed and updated as required by Article 2.2 expanded for the Construction Phase employing their
respective milestones, beginning and finishing dates, their respective responsibilities for performance and the
relationships of their work with respect to subcontractors and suppliers. He shall also continue to provide current
scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates,
responsibilities for performance and the relationships of the Contractor's work to the work of his subcontractors and
suppliers to enable them to perform their respective tasks so that the development of construction progresses in a
smooth and efficient manner in conformance with the overall Project Schedule. The Schedule shall include all
phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change
orders in progress, schedules for change orders, and performance testing requirements. He shall advise the Owner,
its representatives and the Architect -Engineer of their required participation in any meeting or inspection giving
each at least one week notice unless such notice is made impossible by conditions beyond his control. He shall hold
job -site meetings at least once each month with the subcontractors and the Architect- Engineer's Field
Representative, or more frequently as required by work progress, to review progress, discuss problems and their
solutions and coordinate future work with all subcontractors.
(4) Solicitation of Bids
(a) Without assuming responsibilities of the Architect -Engineer, the Contractor shall prepare invitations for
bids, or requests for proposal when applicable, for all procurement of long lead items, materials and
services, for subcontractor contracts and for site utilities. Such invitations for bids shall be prepared in
accordance with the following guidelines.
1. Contracts not exceeding $10,000 may be entered into by the Contractor with the firm who submits
the lowest verbal quotation. The Contractor shall obtain a minimum of two (2) verbal quotations.
These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the
Owner & Architect -Engineer. The successful quotation shall be confirmed by written contract or
purchase order to the low bid firm defining the scope and quality of work to be provided.
2. Contracts exceeding $10,000 but not exceeding $200,000 may be entered into by the Contractor
with the firm who is qualified and submits the lowest responsive proposal. The Contractor shall
request firms to submit scaled written proposals based on a written drawing and/or specification. A
tabulation of the results shall be furnished to the Owner & Architect -Engineer.
3. Contracts exceeding $200,000 but not exceeding $500,000 may be entered into by the Contractor
with the firm who is qualified and submits the lowest responsive proposal. The Contractor shall
advertise these projects at least once with the last advertisement appearing at least twenty-one (2 1)
calendar days prior to the established bid date. These proposals shall be based on approved plans
and specifications.
4. Contracts exceeding $500,000 shall be treated the same as described under 113 above except that
the advertisement shall be run for at least thirty (30) days prior to the established bid and at least
five (5) days prior to any scheduled pre-bid conference.
(b) As part of such preparation, the Contractor shall review the Specifications and Drawings prepared by the
Architect -Engineer. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive
requirements, and any other defects in the Specifications or in the Drawings noted by the Contractor shall
be brought to the attention of the Project Manager and Architect -Engineer in written form.
(c) For each separate construction contract exceeding $25,000, the Contractor may conduct a pre-bid
conference with prospective bidders, the Architect -Engineer and Project Manager. In the event questions
are raised which require an interpretation of the bidding documents or otherwise indicate a need for
clarification or correction of the invitation, the Contractor shall transmit these to the Architect -Engineer
and upon receiving clarification or correction in writing shall prepare an addendum to the bidding
document, and issue same to all of the prospective bidders.
(d) For all contracts exceeding $25,000, the Contractor may establish a pre -qualification procedure for
applicable subcontract trades.
(5) Bgnja In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the
Owner, on forms furnished by the Owner, a 125% Performance Bond and a 100% Labor and Material Payment
Bond each in an amount not less that the total Construction Cost as defined in Article 9 and inclusive of the
Contractor's fees.
To be acceptable to Indian River County as Surety for Performance Bonds and Labor and Material Payment Bonds,
a Surety Company shall comply with the following provisions:
The Surety Company shall have a currently valid Certificate of Authority, issued by the state of Florida,
Department of Insurance, authorizing it to write surety bonds in the state of Florida.
The Surety Company shall have a currently valid Certificate of Authority issued by the United States
Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
The Surety Company shall he in full compliance with the provisions of the Florida Insurance Code.
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4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued.
5. If the Contract Award Amount exceeds $500,000, the Surety Company
shall also comply with the
following provisions:
A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's
Key Rating Guide.
POLICY
REQUIRED
HOLDER'S
FINANCIAL
CONTRACT AMOUNT
$ 500,000. 1,0001000
RATING
A-
BATING
Class I
1,000,000- 2,000,000
A-
Class II
2,000,000- 5,000,000
A-
Class III
5,000,000- 10,000,000
A-
Class IV
10,000,000- 25,000,000
A-
Class V
25,000,000- 50,000,000
A-
Class VI
50,000,000-100,000,000
A-
Class VII
B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten
percent (10%) of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the
limitation of the risk as prescribed in this section. These minimum requirements shall
apply to the reinsuring carrier providing authorization or approval by the state of Florida,
Department of Insurance to do business in this state have been met.
(b) In the case of the Surety Insurance Company, in addition to the deduction for
reinsurance, the amount assumed by any co -surety, the value of any security deposited,
pledged or held subject to the consent of the surety and for the protection of the surety
shall be deducted.
(6) nuaUty Control The Contractor shall develop and maintain a program, acceptable to the Owner and Architect -
Engineer, to assure quality control of the Construction. He shall supervise the work of all subcontractors providing
instructions to each when their work does not conform to the requirements of the plans and Specifications and he
shall continue to exert his influence and control over each subcontractor to ensure that corrections are made in a
timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the
Contractor and Architect -Engineer over acceptability of work and conformance with the requirements of the
Specifications and plans, the Owner shall be the final judge of performance and acceptability.
(7) Subcontractor Interfacing The Contractor shall be the single point of interface with all subcontractors for the
Owner and all of its agents and representatives including the Architect -Engineer. He shall negotiate all change
orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those
proposals and advise the Owner and Architect -Engineer of their validity and reasonableness, acting in the Owner's
best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any
change order, a written authorization from the Owner must be issued. However, when health and safety are
threatened, the Contractor shall act immediately to remove the threat to health and safety. He shall also carefully
review all shop drawings and then forward the same to the Architect -Engineer for review and actions. The
Architect -Engineer will transmit them back to the Contractor who will then issue the shop drawings to the affected
subcontractor for fabrication or revision. The Contractor shall maintain a suspense control system to promote
expeditious handling. He shall request the Architect -Engineer to make interpretations of the Drawings or
Specifications requested of him by the subcontractors and shall maintain a suspense control system to promote
timely response. He shall advise the Project Manager and Architect -Engineer when timely response is not occurring
on any of the above.
(8) PlmilS The Owner shall secure all necessary building permits from the permitting authority and all necessary
utility connection permits, the cost of which will be considered a direct cost item.
(9) Job Site Reaurrements
(a) The Contractor shall provide for each of the following activities as a part of his Construction Phase Fee:
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I. Maintain a log of daily activities, including manpower records, weather, delays, major decisions,
etc.
2. Maintain a roster of companies on the Project with names and telephone numbers of key personnel.
3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline.
4. Provide labor relations management for a harmonious, productive project.
5. Provide a safety program for the Project to meet OSHA requirements. Monitor for subcontractor
compliance without relieving them of responsibilities to perform work in accordance with the best
acceptable practice.
6. Provide a quality control program as developed under Article 2.4(6) hereinabove.
7. Miscellaneous office supplies that support the construction efforts which are consumed by his own
forces.
8. Travel to and from his home office to the Project site as the Project requires.
(b) The Contractor shall provide personnel and equipment or shall arrange for separate subcontracts to provide
each of the following as a direct cost item:
I. Schedule the services of independent testing laboratories and provide the necessary testing of
materials to ensure conformance to contract requirements.
2. The printing and distribution of all required bidding documents and shop drawings, including the
sets required by the Permitting Authority's inspectors.
3. Obtain the services of a State of Florida registered surveyor for construction staking.
(10) Job Site Administration The Contractor shall provide as part of his Job Site Fee, job site administrative functions
during construction to assure proper documentation, including but not limited to such things as the following:
(a) Job Meetines Hold weekly progress and coordination meetings to provide for an easy flowing project.
Implement procedures and assure timely submittals, expedite processing approvals and return of shop
drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work
sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work.
Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition,
regular project status meetings will be held between the Architect, Owner and Contractor either biweekly
or monthly, whichever is designated by the Project Manager. Also, Contractor shall take minutes of the
meeting and distribute copy of minutes to attendees.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for establishing
procedures, responsibilities, and identification of authority for all to clearly understand.
Identify party or parties responsible for follow up on any problems, delay items or questions and record
course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved.
Require all present to make any problems or delaying event known to those present for appropriate
attention and resolution.
(b) Shoji Drawing Submittals/Approval Provide staff to check shop drawings and to implement procedures
for submittal and transmittal to the Architect -Engineer of such drawings for action, and closely monitor
their submittal and approval process.
(c) Material and Equipment Expediting Provide staff to closely monitor material and equipment deliveries,
critically important checking and follow up procedures on supplier commitments of all subcontractors.
(d) Payments to Subcontractors Develop and implement a procedure for review, processing and payment of
applications by subcontractors for progress and final payments.
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(e) Document Intemretation Refer all questions for interpretation of the documents prepared by the Architect -
Engineer to the Architect -Engineer.
(f) Reports and Prpject Site Documents Record the progress of the Project. Submit written progress reports
to the Owner and the Architect -Engineer, including information on the subcontractor's work, and the
percentage of completion. Keep a daily log available to the Owner, the Architect -Engineer and the
Permitting Authority inspectors.
(g) Subcontractor's Progress Prepare periodic punch lists for subcontractor's work including unsatisfactory or
incomplete items and schedules for their completion based on Contractor's inspections of the work.
(h) Substantial Completion Ascertain when the work or designated portions thereof are ready for the
Architect -Engineer's substantial completion inspection. From the Architect -Engineer's list of incomplete
or unsatisfactory items, prepare a schedule for their completion indicating completion dates for the
Owner's review. If the Contractor wishes the Architect -Engineer to conduct a pre -substantial completion
inspection in conjunction with his own forces, the Architect -Engineer will prepare the pre -substantial
punch list from which the Contractor will develop a completion schedule. The Architect -Engineer will
issue a Certificate of Substantial Completion when the work on his pre -substantial punch list has been
accomplished.
(i) Final Completion Monitor the subcontractor's performance on the completion of the Project and provide
notice to the Owner and Architect -Engineer that the work is ready for final inspection. Secure and
transmit to the Owner, through the Architect -Engineer, all required guarantees, affidavits, releases, bonds
and waivers, manuals, record drawings, and maintenance books.
(j) Start Up With the Owner's personnel, direct the checkout of utilities, operations, systems and equipment
for readiness and assist in their initial start up and testing by the trade contractors.
(k) Record Drawings During the progress of the work, the Contractor shall require the plumbing, air
conditioning, heating, ventilating, elevator and electric subcontractors to record on their field sets of
drawings the exact locations, as installed, of all conduit, pipe and duct lines whether concealed or exposed
which were not installed exactly as shown on the contract drawings. The Contractor shalt also record all
drawing revisions that have been authorized by Change Order that effect wall or partition locations, door
and window locations and other template changes. The exact routing of conduit runs shall be shown on
these drawings.
The Contractor shall review the completed "As Built" drawings and ascertain that all data fumished on the
drawings is accurate and truly represents the work as actually installed. When manholes, boxes,
underground conduits, plumbing, hot or chilled water lines, inverts, etc. are involved as part of the work,
the Contractor shall furnish true elevations and locations, all properly referenced by using the original
bench mark used for the institution or for this Project. As-builts shall be submitted to the Architect -
Engineer when completed, together with two (2) sets of blue -line or black -line prints for certification and
forwarding to the Using Agency, at the time of final completion.
(11) Administrative Records The Contractor will maintain at the job site, unless agreed to otherwise by the Project
Manager, on a current basis, files and records such as, but not limited to the following:
Contracts or Purchase Orders
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Deliver Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records: Sales Tax Recovery Status Report; Labor Costs; Material Costs
Equipment Costs
Cost Proposal Requests
Payment Request Records
Meeting Minutes
Cost Estimates
Bulletin Quotations
Lab Test Reports
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Insurance Certificates and Bonds
Contract Changes
Purchase Orders
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Bid/Award Information
Bid Analysis and Negotiations
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding Requirements
Project Manual
The Project Records shall be available at all times to the Owner and Architect -Engineer for reference or review.
(12) Owner Occupancy The Contractor shall provide services during the Design and Construction Phases, which will
provide a smooth and successful Owner occupancy of the Project. He shall provide consultation and project
management to facilitate Owner occupancy and provide transitional services to get the work, as completed by the
Contractors, "on line" in such conditions as will satisfy Owner operational requirements.
He shall conduct the Contractor's preliminary punch list inspection and coordinate the completion of all punch list
work to be done with Owner occupancy requirements in mind.
He shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel
and convey these to the Owner in such a manner as to promote their usability. He shall provide operational training,
in equipment use, for building operators.
He shall secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will
facilitate their maximum enforcement and assure their meaningful implementation.
He shall continuously review "As Built" Drawings and mark up progress prints to provide as much accuracy as
possible,
The Owner will not occupy or take control of the Project until the above items discussed in this paragraph have been
completed and the Substantial Completion, Start Up, Record Drawing and Warranty requirements specified in
paragraphs 2.4(10)(1), 2.4(10)0), 2.4(10)(k) and 2.4(13) have been completed to the Owner's satisfaction excluding
the requirements for a warranty inspection nine (9) months ager Owner Occupancy.
(13) Warranty Where any work is performed by the Contractor's own forces or by subcontractors under contract with the
Contractor, the Contractor shall warrant that all materials and equipment included in such Work will be new except
where indicated otherwise in Contract documents, and that such Work will be of good quality, free from improper
workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the
same Work, the Contractor further agrees to correct all work found by the Owner to be defective in material and
workmanship or not in conformance with the Drawings and Specifications for a period of one (1) year from the Date
of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties
contained in the trade sections of the Specifications. The Contractor shall collect and deliver to the Owner any
specific written warranties given by others as required by the Contract documents. Also, the Contractor shall
conduct, jointly with the Owner and the Architect -Engineer, a warranty inspection nine (9) months atter the date of
Owner Occupancy.
ARTICLE 3
OWNER'S RESPONSIBILITIES
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3.1 Owner's Infomtation The Owner shall provide full information regarding his requirements for the Project.
3.2 Qwner's Rellresentative The Owner shall designate a representative who shall be fully acquainted with the Project ar-1 shall
define the lines of Owner authority to approve Project Construction Budgets and changes in Project. Ile shall render decisions
promptly and furnish information expeditiously.
3.3 Architect and Engineer's AvEccurtent The Owner shall retain an Architect -Engineer for design and to prepare Construction
documents for the Project. The Architect -Engineer's services, duties and responsibilities are described in the Agreement
between the Owner and the Architect -Engineer, a copy of whiclm will be fumished to the Contractor. The Agreement between
the Owner and the Architect -Engineer shall not be modified without written notification to the Contractor, and approved by
the Board of County Commissioners.
3.4 Site Survey and Re�rts The Owner shall provide for the furnishing for the site of the Project all surveys describing the
physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations and a legal description.
3.5 Approvals and Easements The Owner shall pay for necessary approvals, easements, assessments and charges required for the
construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
3.6 Leeal Services The Owner shall famish such legal services as may be necessary for providing the items set forth in Article
3.5 and such auditing services as he may require.
3.7 Drawings and Specifications The Contractor will be furnished a reproducible set of all copies of Drawings and Specifications
No reasonably necessary and ready for printing.
3.8 Cost of Surveys and Reports The services, information, surveys and reports required by the above paragraphs shall be
famished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and the Contractor
shall be entitled to rely upon the accuracy and completeness thereof.
3.9 Proiect Fault Defects If the Owner becomes aware of any fault or defect in the Projector non-conformance with the Drawings
and Specifications, he shall give prompt written notice thereof to the Contractor and Architect -Engineer.
3.10 Eundlnf4 The Owner shall furnish in accordance with the established Schedule, reasonable evidence satisfactory to the
Contractor that sufficient funds will be available and committed for the cost of each part of the Project. The Contractor shall
not commence any work, unless authorized in writing by the Owner.
3.11 Lines of Communication The Owner and Architect -Engineer shall communicate with the subcontractors or suppliers only
through the Contractor while such method of communication is effective in maintaining project schedules and quality.
3.12 tines of Authority The Owner shall establish and maintain lines of authority for his personnel and shall provide this definition
to the Contractor and all other affected parties.
3.13 Permitting and Code Inspections The Owner recognizes and coordinates with the Permitting Authority and expects the
Contractor to do the same.
ARTICLE 4
PERMITTING AND INSPECTION
Construction will be inspected for code compliance, compliance with Drawings and Specifications, and quality by inspectors working for
the Permitting Authority. The building permitting and code inspection requirements shall be as described in Articles 4.1 through 4.2
hereinafter.
4.1 Building Permits The Contractor shall provide the information to the Permitting Authority and obtain approval from the
Permitting Authority prior to beginning construction:
4.2 Code Ins=tions All projects require detailed code compliance inspections during construction in disciplines determined by
the Permitting Authority. These disciplines normally include, but are not necessarily limited to, structural, mechanical,
electrical, plumbing and general building.
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Inspection personnel will be provided by the Permitting Authority. Names, addresses, and phone numbers of the inspectors
will be provided to the Contractor by the Permitting Authority.
The Contractor shall notify the appropriate inspector(s), no less than twenty-four (24) hours in advance, that the work is ready
for inspection and before the work is covered uo. Work not inspected and approved prior to coverup shall be uncovered for
inspection when directed by the Permitting Authority. All costs for uncovering and reconstruction shall be home by the
Contractor.
All inspections shall be made for conformance with the applicable building codes, compliance with drawings and
specifications and quality.
ARTICLE 5
SUBCONTRACTS
5.1 Definition A subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the
work at the site. Nothing contained in the Contract Document shall create any contractual relation between the Owner or
Architect -Engineer and any subcontractor.
5.2 Prop,Lsg)s Subject to Article 9 and, in accordance with Article 2.4(4), the Contractor shall request and receive proposals from
subcontractors and suppliers and will award those contracts to the most qualified response after he has reviewed each proposal
and is satisfied that the subcontractor is qualified to perform the work.
5.3.1 Subcontractual Relations By an 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 the 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 the Architect -Engineer. Said agreements shall preserve and protect the rights of the Owner and
Architect -Engineer under the Contract Documents with respect to the Work to be performed by the subcontractor so that the
subcontracting thereof will not prejudice such rights. Where appropriate, the Contractor shall require each subcontractor to
enter into similar agreements with his sub -subcontractor.
The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the subcontractor will be bound by this Article 5.3 and identify to the subcontractor any terms
and conditions of the proposed subcontract which maybe at variance with the Contract Documents. Each subcontractor shall
similarly make copies of such Documents available to his sub -subcontractors.
5.3.2 Subcontract Requirements
(1) On all subcontracts where the bid exceeds $100,000, the Contractor may require subcontractors to provide a 125%
Performance Bond and a 100% Labor and Material Payment Bond from a Surety Company authorized to do
business in the state of Florida by the Department of Insurance.
(2) Work force The subcontractor must agree to perform no less than 15% of the Project Construction Work utilizing its
own employees.
(3) Subcontractor Experience The subcontractor must have successfully completed no less than two (2) projects of
similar size and complexity within the last five (5) years.
(4) Supervision The subcontractor must agree to provide field (on-site) supervision through a named superintendent for
each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing)
included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for
scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of
substantially equivalent position.
(5) All subcontracts shall provide:
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(a) LIMITATION OF REMEDY • NO DAMAGES FOR DELAY
That the subcontractor's exclusive remedy for delays in the performance of the Contract caused by events
beyond its control, including delays claimed to be caused by the Owner or Architect -Engineer or
attributable to the Owner or Architect -Engineer and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
In the event of a change in the work, the subcontractor's claim for adjustments in the Contract Sum are
limited exclusively to its actual costs for such changes plus no more than 15% for Overhead and Profit and
bond costs.
Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute the sole
and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim
for increase in the Contract Price, damages, losses or additional compensation.
(b) Each subcontract shall require that any claims by subcontractor for delay or additional cost must be
submitted to Contractor within the time and in the manner in which the Contractor must submit such
claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims
shall result in the waiver of such claims.
5.4 Responsibilities for Acts and Omissions The Contractor shall be responsible to the Owner for the acts and omissions of his
employees and agents and his subcontractors, their agents and employees, and all other persons performing any of the work or
supplying materials under a Contract to the Contractor.
5.5 Subcontracts to be Provided The Contractor shall include a copy of each subcontract, including the general supplementary
conditions, in the Project Manual.
ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 7, a Project Substantial Completion
Date, a Project Final Completion Date and an Owner Occupancy Date for completion of the Project in accordance with the
master Project Schedule, shall also be established by the Construction Team. The Contractor agrees to complete the
Construction in accordance with the agreed upon Substantial Completion Date, Final Completion Date and Owner Occupancy
Date. Any request for extensions of the Final Completion Date must be approved by Indian River County. Determination of
final completion and acceptance shall be approved by Indian River County. The Contractor acknowledges that failure to
complete the Project within the construction time set forth in the approved schedule will result in substantial damages to the
Owner.
6.2 The date of Owner Occupancy shall occur as described in Article 2.4(12) herein above. Warranties called for by this
Agreement or by the Drawings and Specifications shall commence on the date of Owner Occupancy of the Project.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Construction Documents are sufficiently complete to establish the scope of work for the Project or any portion
thereof, as generally defined by a design document listing to be provided by the Architect -Engineer and Contractor upon
execution of this Agreement, which is to be used only as a guide in developing the Specifications and plan data necessary to
establish a Guaranteed Maximum Price, or at such time thereafter designated by the Owner, the Contractor will establish and
submit in writing to the Owner for his approval a Guaranteed Maximum Price, guaranteeing the maximum price to the Owner,
for the Construction Cost of the Project or designated part thereof. Such Guaranteed Maximum Price will be subject to
modification for changes in the Project as provided in Article 10. However, the actual price paid for the work by the Owner
shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job
costs as defined under Article 9, plus the Contractor's fees or the GMP, whichever is less when the work is complete.
7.2 The GMP will only include those taxes in the Cost of the Project which are legally enacted at the time the GMP is established.
7.3 When the Project is bid and 1001% of the Trade Contracts have been executed, the contingency within the GMP shall be
decreased in proportion to the percent of the work completed. In other words, if 101/o of the work has been completed and the
.K 410
Owner requests that the contingency within the GMP be adjusted, then 10% of the contingency within the GMP will be
removed from the GMP by Change Order.
7.4 At the time of submission of a Guaranteed Maximum Price, the Contractor will verify the time schedule for activities and
work which were adopted by the Construction Team and used to determine the Contractor's cost of work. In addition to the
cost of work, a GMP will include an agreed upon sum as the Construction Contingency which is included for the purpose of
defraying the expenses due to unforeseen circumstances relating to construction. The Contractor will be required to furnish
documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner.
Documentation for use of the Contingency shall be determined by the Construction Team, included in the Project Manual and
displayed monthly in the PMIS. The Architect -Engineer shall verify the actual costs.
If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Contractor
reserves the right to perform that portion of the work or negotiate for its performance for the specified line item lump sum
amount or less.
ARTICLE 8
CONTRACTOR'S FEE
8.1 In consideration of the performance of the contract, the Owner agrees to pay the Contractor as compensation for his services,
fees as set forth in Subparagraphs 8.1.1, 8.1.2 and 8.1.3.
8.1.1 Pre -Construction Fee Amount of $22,000 paid in three (3) payments of $5,500 each, and one (1) final payment of $5,500. The
first payment shall be due thirty (30) days following the issuance of contract.
8.1.2 Construction Phase Fee Prior to commencement of the Construction Phase, the Owner may direct the Contractor in writing to
proceed into the Construction Phase. The Contractor's compensation for work or services performed during the Construction
Phase shall be a fee of S TBD . (However, the Owner retains the right to review the need and effectiveness of any
employee or employees assigned by the Contractor, should the Project Manager question the need for the employee or
employees.) The Construction Phase Fee shall be paid in payments of
$ each and one final monthly payment of S The first monthly payment shall become due thirty (30) days
following the issuance of the first Construction Authorization by the Project Manager and the final monthly payment shall be
paid only when construction of the Project is finally completed and occupancy of the Project accepted by the Owner. If
construction is authorized only for a part of the Project, the fee paid shall be proportionate to the amount of work authorized
by the Owner.
(1) Adjustments in Fee For changes in the Project as provided in Article 10, the Construction Phase Fee shall be adjusted
as follows:
(a) The Contractor shall be paid an additional fee subject to negotiation if the Contractor is placed in charge of
reconstruction of an insured or uninsured loss excluding any condition that may have been caused from
negligent acts by the Contractor.
(b) Should the duration of the construction stipulated herein for Final Completion extend beyond
_Mp months after the Notice -To -Proceed, receipt of final drawings and specifications, or
receipt of all necessary permits, whichever is later, due to no fault of the Contractor, the Contractor's
Additional Construction Phase Fee will be $--ALper working day, for each day or portion thereof. The
Contractor's staff during such time extensions will be reduced to that shown in Exhibit H.
(c) The Contractor will not be due any additional Overhead and Profit on increases in the Guaranteed
Maximum Price (GMP) that do not exceed $100.000. Should the GMP be increased by more than
S 11092— under the terms of Article 10 hereinafter due to no fault of the Contractor, the Contractor's
additional Overhead and Profit for the Construction Phase will be five percent (5%) of that portion of the
accumulative increases in the GMP that exceeds the GMP by more than S 100-000,
Contractor's Exclusive Remedy: In the event the Construction Substantial or Final Completion Date is
extended, regardless of whether delay is caused by any act or neglect of the Owner or the Architect -
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Engineer, or is attributable to the Owner or the Architect -Engineer, the Contractor's Sole and Exclusive
Remedy is an extension of the Construction Completion Date and payment of additional Construction
Phase Fees and Overhead and Profit for Construction Phase as provided above.
(2) Costs and Expenses Included in Fee The following are included in the Contractor's fee for services during the
Construction Phase:
(a) Salaries or other compensation of the Contractor's employees at his principal office and branch offices.
The Contractor's personnel to be assigned during the Construction Phase, !heir duties and responsibilities
to this Project and the duration of their assignments are shown on Exhibits 1 and J.
(b) General operating expenses related to this Project of the Contractor's principal and branch offices.
(c) The costs of all data processing staff.
(d) Salaries or other compensation of the Contractor's employees at the job site. The Contractor's personnel
to be assigned to the site during the Construction Phase under the job site management and supervision
fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit J.
(e) General operating expenses incurred in the management and supervision of the Project, except as
expressly included in Article 9.
M Those services set forth in Article 2.4(9)(a).
(g) Job office supplies to include paper, pencils, paper clips, file folders, staples, etc. and janitorial supplies
(photo copy or blue print paper not included).
(h) Relocation expenses for Contractor's personnel.
8.1.3 Overhead and Profit for Construction Phase For Overhead, Profit and general expenses of any kind, except as may be
expressly included in Article 9, for services provided during and related to the Construction Phase, the fee shall be
S TBD and shall be paid proportionately to the ratio of the cost of the work in place, excluding stored materials and
less retainment (see Article 12. 1), as it bears on the latest estimate of the total Construction cost or to the GMP or to the
Owner's Construction Budget, whichever is less. The balance of the fee shall be paid when construction of the Project is
finally completed and occupancy of the Project accepted by the Owner. If construction is authorized only for a part of the
Project, the fee paid shall be proportionate to the amount of work authorized by the Owner. The Contractor's exclusive
remedy for any adjustments in the Overhead and Profit for Construction Phase Fee is provided in Article 8.1.2(1).
ARTICLE 9
COST OF THE PROJECT
9.1 Definition The term Cost of the Project shall mean costs necessarily incurred in the Project during the Construction Phase for
construction services and paid by the Contractor which are not included in the Construction Phase Fee. Such costs shall
include the items set forth below in this Article.
The Owner agrees to pay the Contractor for the Cost of the Project as defined in Article 9. Such payment shall be in addition
to the Contractor's fees stipulated in Article 8.
9.2 Direct Cost Items
(1) Wages paid for labor (as oppt�sed to wages paid to mancgement or supervisory personnel) in the direct employ of the
Contractor in the performance of his work under Agreement, times a multiple of 5Q to cover fringe benefits and
overhead.
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(2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of transportation and
storage thereof.
(3) Payments due to subcontractors from the Contractor or made by the Contractor to subcontractors for their work
performed pursuant to contract under this Agreement.
(4) Cost including transportation and maintenance of all materials, supplies, equipment, temporary facilities, including
office facilities for Contractor and Owner's representative and hand tools not owned by the workmen, which are
employed or consumed in the performance of the work, cost on such items used but not consumed which may be
turned over to the Owner at the end of the Project and cost less salvage value on such items used but not consumed
which remain the property of the Contractor. For those items to be turned over to the Owner at the end of the
Project, Article 2.3(6) shall apply.
(5) Rental charges on all necessary machinery and equipment, exclusive of hand tools used at the site of the Project,
whether rented from the Contractor or other, including installation, repairs and replacements, dismantling, removal,
costs of lubrication, transportation and delivery costs thereof, which are used in the support of a subcontractor or the
Contractor's own forces in the performance of the work, at rental charges consistent with those prevailing in the
area.
(6) Cost of the premiums for all insurance and cost of premiums for all bonds which the Contractor is required to
procure by this Agreement specifically for the Construction Project. This includes any subcontractor bonds the
Contractor deems appropriate.
(7) Sales, dues, gross receipts or similar taxes related to allowable direct costs of the Project imposed by any
governmental authority, and for which the Contractor is liable.
(8) The cost of corrective work subject, however, to the GMP and except for any corrective work made necessary
because of defective workmanship or other causes contributed to by the Contractor or his subcontractors or
suppliers.
No costs shall be paid by the Owner to the Contractor for any expenses made necessary to correct defective
workmanship or to correct any work not in conformance with the Plans and Specifications or to correct any
deficiency or damage caused by negligent acts by the Contractor.
(9) Minor expenses at the site, such as telegrams, long distance telephone calls, telephone service, expressage, postage
and similar petty cash items in connection with the Project to be billed at cost.
(10) Costs for trash and debris control and removal from the site.
(11) Cost incurred due to an emergency affecting the safety of persons and property.
(12) Legal costs reasonably and properly resulting from prosecution of the Project for the Owner, including handling
claims for changes by subcontractors and vendors, subject to the following limitations:
(a) The Owner approved incurring such costs in advance, which approval shall not be unreasonable denied;
and
(b) The legal costs were not incurred as result of the Contractor's own negligence or default.
This paragraph does not provide for payment of legal costs incurred in preparing or asserting claim or requests, by
Contractor itself, for Change Orders or in enforcing the obligations of this contract.
(13) All costs directly incurred in the performance of the Project for the benefit of the Project and not included in the
Contractor's fees as set forth in Article 8.
(14) If requested by the Owner, the Contractor will perform all or a portion of the General Conditions Work for the cost
of the work.
(15) If approved by the Owner, the Contractor, when qualified, may perform all or a porion of the work for any item
listed on the estimate of GMP breakdown where it is deemed advantageous due to schedule or economic benefit for
the direct cost of the work.
20
Fr7
10.1
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
(16) Transportation outside of Indian River County for those personnel employed directly for the Project, not including
relocation expenses. Such transportation must be approved in advance by the Owner, and may be in accordance
with the Contractor's standard personnel policy but not exceeding the limits established by Florida Statutes 112.061.
(17) Costs of all reproductions used for bidding or information purposes required by the Project to directly benefit the
Project.
(18) Costs for watchman and security services for the Project.
(19) Costs for efficient logistical control of the site, including horizontal and vertical transportation of materials and
personnel. Also, costs for adequate storage and parking space.
(20) Costs for such temporary facilities during construction, as approved by the Owner, including temporary water, heat,
power, sanitary facilities, telephones, radios and computers with software.
(21) Costs for any job site items not referenced herein, not normally provided by the subcontractors, which will be
provided by the Contractor as required to complete the work.
ARTICLE 10
CHANGE IN THE PROJECT
Change Orders The Owner, without invalidating this Agreement, may order changes in the Project within the general scope of
this Agreement consisting of additions, deletions or other revisions, the GMP and the Construction Completion Date, being
adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change
Order signed by the Owner before the change is implemented.
A Change Order is a written order to the Contractor signed by the Owner issued after the execution of this Agreement,
authorizing a change in the Project, the Contractor's fee, or the Construction Completion Date. Each adjustment in the GMP
resulting from a Change Order shall clearly separate the amount attributable to the Cost of the Project.
The increase or decrease in the Guaranteed Maximum Price (GMP) resulting from a change in the Project shall be determined
in one or more of the following ways:
(1) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation by the Architect -Engineer and Owner;
(2) by unit prices stated in the Agreement or subsequently agreed upon;
(3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or
(4) by the method provided in Subparagraph 10. 1.3
If none of the methods set forth in Clause 10. 11 is agree upon, the Contractor, provided he receives a written order signed by
the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of
the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a
Change Order is issued under these conditions, the Architect -Engineer will establish an estimated cost of the work, and the
Contractor shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such
case, and also under Article 10. 1.2 above, the Contractor shall keep and present, in such form as the Owner may prescribe, an
itemized accounting together with appropriate supporting data of the increase in the Cost of the Project as outlined in Article
9. The amount of decrease in the GMP to be allowed by the Contractor to the Owner for any deletion or change which results
in a net decrease in cost will be the amount of the actual net decrease.
If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause
substantial inequity to the Owner or the Contractor, the applicable unit prices and GMP shall be equitably adjusted.
Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed
or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications or
Owner furnished information, or should unknown physical conditions below the surface of the ground or should concealed or
21
M
•
unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement, be encountered, the GMP and the
Construction Completion Date shall be equitably adjusted by Change Order upon a request for Change Order in accordance
with Article 10.2.
10.2 Claims for Additional Cost or Time
All claims for additional cost or time shall be made by request for a Change Order submitted as provided in Article 16.
If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner or the Architect or
of any employee of either or by any separate Contractor employed by the Owner or by any changes ordered in the work by
labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control or
by delay authorized by the Owner pending resolution of disputes, and such delay extends the Completion Date, the Substantial
Completion shall be extended by Change Order for such reasonable time as the Construction Team may determine. Any such
claims for additional cost or time must be approved by Indian River County.
Only delays which are determined to extend the critical path of the Schedule for constructing the Project will result in a time
extension. Neither the Owner nor the Contractor shall be considered to own the schedule float time.
10.3 Minor Chante in the Project
The Architect -Engineer will have authority to order minor changes in the Project not involving an adjustment in the GMP or
an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications.
Such changes shall be effected by written order. Documentation of changes shall be determined by the Construction Team,
including the Project Manual and displayed monthly in the PMIS. Changes shall be approved by the Project Manager,
Architect -Engineer.
10.4 Ema gencie
In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion, to prevent threatened
damage, injury or loss. Any increase in the GMP or extension of time claimed by the Contractor on account of emergency
work shall be determined as provided in Article 10.
ARTICLE 11
DISCOUNTS AND PENALTIES
11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Project is paid directly by the Owner
or from a fund made available by the Owner to the Contractor for such payments. To the extent the Cost of the Project is paid
with funds to the Contractor, all cash discounts shall accrue to the Contractor. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment, shall be credited to the Cost of the Project. All penalties incurred due to
the fault of the Contractor for late payment of Cost of the Project will be paid by the Contractor.
ARTICLE 12
PAYMENTS TO THE CONTRACTOR
12.1 Monthly Statements The Contractor shall submit to the Owner a statement, sworn to if required, along with the cost reports
required under Article 2.1.5, showing in detail all monies paid out, cost accumulated or costs incurred on account of the
Cost of the Project during the previous period and the amount of the Contractor's fees due as provided in Article 8. This data
shall be attached to the Partial Pay Request form. Ten percent (101/6) retainment shall be held on all payments until the
contract is fifty percent (50%) complete. Except when approved by the Owner, certain suppliers and subcontractors may be
paid the entire amount due when such payment is generally the practice of the industry. At 50% completion, the Owner may
approve a reduction of the retainment from 10% to 5% at his discretion. Retainment shall not be withheld on services or fees
set forth in Article 8. Payments by the Owner to the Contractor shall be mad: as described in Article 17.6, hereinafter.
12.2 Final Payment Final Payment constituting the unpaid balance of the Cost of the Project and the Contractor's Fee, shall be due
and payable as described in Article 17.6 after the Owner has accepted occupancy of the Project, provided that the Project be
r
then finaily completed, that the Contractor has verified by his signature that he has completed all items specified, and that this
Agreement has been finally performed. However, if there should remain work to be completed, the Contractor and the
Architect -Engineer shall list those items prior to receiving Final Payment, and the Owner may retain a sum equal to 200% of
the estimated cost of completing any unfinished work and portion of the Contractor's retainment, provided that said unfinished
items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately.
Thereafter, Owner shall pay to Contractor, monthly, the amount retained for each incomplete item after each of said items is
completed.
12.3 Payments to Subcontractors The Contractor shall promptly, within ten (10) days after receipt of payment from the Owner, pay
all the amount due subcontractors less a retainment often percent (10%) until the Project is fifty percent (50%) complete, and
based on Contractor's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in
retainment from 10% to 5% thereafter. If there should remain items to be completed, the Contractor and Architect -Engineer
shall list those items required for completion, and the Contractor shall require the retainment of a sum equal to 200% of the
estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimate
cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor shall pay to the subcontractors,
monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final
payment without any retainment, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other
indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as -built
markups have been submitted, and instruction for the Owner's operating and maintenance personnel is complete.
Final Payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total
completion of the Project but only upon approval of the Owner.
12.4 Delayed Payments by Owner If the Owner should fail to pay the Contractor within thirty (30) days after the receipt of an
approvable payment request from the Contractor, then the Contractor may, upon seven (7) additional days written notice to the
Owner and the Architect -Engineer, stop the Project until payment of the amount owing has been received.
12.5 WithholdingPayments to Subcontractors The Contractor shall not withhold payments to subcontractors if such payments
have been made to the Contractor. Should this occur for any reason, the Contractor shall immediately return such monies to
the Owners, adjusting pay requests and project bookkeeping as required.
[ILA]
13.2
ARTICLE 13
INSURANCE AND INDEMNITY
(1) The Contractor agrees to indemnify and hold the Owner and Architect -Engineer harmless from all claims for bodily
injury and property damage (other than the work itself and other property insured under paragraph 13.2(3)) that may
arise from the Contractor's operations under this Agreement.
(2) The Owner shall cause any other Contractor who may have a contract with the Owner to perform construction or
installation work in the area where work will be performed under this Agreement, to agree to indemnify the Owner
and the Contractor and hold them harmless from all claims for bodily injury and property damage (other than
property insured under Paragraph 13.2(3)) that may arise from the Contractor's operations. Such provisions shall be
in a form satisfactory to the Contractor.
(1) The Contractor shall not commence any construction work in connection with this Agreement until he has obtained
all of the following types of insurance and such insurance has been approved by the Owner, nor shall the Contractor
allow any subcontractor to commence work on his subcontract until all similar insurance required of the
subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing
business in Florida.
(2) Worker's Comcensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation insurance for all his employees connected with the work of this Project, and, in case any
work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance
for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor.
Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged
in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation
40
statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees
not otherwise protected.
(3) Contractor's Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the
life of this Agreement Commercial General Liability and Comprehensive Automobile Liability Insurance as shall
protect him from claims for damage for personal injury, including accidental death, as well as claims for property
damages which may arise from operating under this Agreement whether such operations are by himself or by anyone
directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows:
(a) Contractor's Commercial General Liability $500,000 Each Occurrence
Coverage, Bodily Injury & Property Damage Combined Single Limit
(b) Automobile Liability Coverage $100,000 Each Occurrence
Bodily Injury & Property Damage Combined Single Limit
(c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence
Combined Single Limit
Insurance clause for both Bodily Injury and Property Damage shall be amended to provide coverage on an
occurrence basis.
(4) Subcontractor's Public Liability and Propea Damage Insurance The Contractor shall require each of his
subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subcontractors in his policy, as specified above.
(5) Owner's and Contractor's Protective Liability Insurance The Contractor shall procure as a cost of the Project and
furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits:
(a) Bodily Injury Liability & $500,000 Each Occurrence
Property Damage Liability Combined Single Limit
(6) "XCU" (Explosion. Collapse. Underground Damage) The Contractor's Liability Policy shall provide "XCU"
coverage for those classifications in which they are excluded.
(7) Broad Form Propeea Damage Coverage. Products & Completed Operations Coverage The Contractor's Liability
Policy shall include Broad Form Property Damage Coverage, products and Completed Operations Coverage.
(g) Contractual Liability Work Contracts The Contractor's Liability Policy shall include Contractual Liability Coverage
designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this
Agreement.
(9) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner and the Architect -Engineer and their agents and employees from and against all claims, damages,
losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any
negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused
in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or
person described in this Article.
(b) In any and all claims against the Owner or the Architect -Engineer or any of their agents or employees by
any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph
shall not be limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
24
W The obligations of the Contractor under this Article 13.2(9) shall not extend to the liability of Architect -
Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to
give directions or instruction by Architect -Engineer, his agents or employees providing such giving or
failure to give is the primary cause of the injury or damage.
(d) The Contractor hereby acknowledges receipt of ten ($10) dollars and other good and valuable
consideration from the Owner and acknowledges receipt of ten ($10) dollars and other good and valuable
consideration from the Architect -Engineer in exchange for giving the Owner and Architect -Engineer,
respectively, the indemnification provided above in Article 13.2.9.
(10) Builder's Risk Coveraee The Contractor shall take out and maintain during the life of this Agreement a Builder's
Risk Policy completed value form as a cost of the Project, issued to provide coverage on an "all risk" basis including
theft. This coverage shall not be lapsed or canceled because of partial occupancy by the Owner prior to final
acceptance of the Project.
(11) Certification of Insurance The Owner shall be furnished proof of coverage of insurance as follows:
Certificate of Insurance form will be furnished to the Owner along with the Contract Documents. These shall be
completed and signed by the authorized Florida Resident Agent and returned to the Risk Management Office. This
Certificate shall be dated and show:
(1) The name of the insured Contractor, the specific job by name and job number, the name of the insurer, the
number of the policy, its effective date and its termination date.
(2) Statement that the Insurer will mail notice to the Owner and a copy to the Architect -Engineer at least
fifteen (15) days prior to any material changes in provisions or cancellation of the policy.
(3) Certificate of Insurance shall be in the form as approved by Insurance Standards Office (ISO), and such
Certificate shall clearly state all the coverage required in this Section commencing at 13.2 and ending with
13.3.4.
ARTICLE 14
TERMINATION OF THE AGREEMENT
AND
OWNER'S RIGHT TO PERFORM CONTRACTOR'S OBLIGATION
14.1 Termination by the Contractor If the Project is stopped for a period of thirty (30) days under an order of any court of other
public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency
making materials unavailable, through no act or fault of the Contractor, or if the Project should be stopped for a period of sixty
(60) days by the Contractor, for the Owner's failure to make payments thereon, then the Contractor may, upon seven (7) days
written notice to the Owner, request payment for all work executed, the Contractor's fees earned to date, and for any proven
loss sustained upon any materials, equipment, tools, construction equipment, and machinery, including reasonable profit,
damages and terminal expenses incurred by the Contractor.
•.n- 'r .'-��ut •t r. I. -, ;t• -at,. rt • a.t.
(1) If the Contractor fails to perform any of Itis obligations under this Agreement including any obligation he assumes to
perform work with his own forces, the Owner may, after seven (7) days written notice during which period the
Contractor fails to perform such obligation, make good such deficiencies. The GMP, or the actual Cost of the
Project, whichever is less, shall he reduced by the cost to the Owner of making good such deficiencies, and the
Contractor's Construction Phase Nee shall be reduced by an amount required to manage the making good of such
deficiencies.
(2) If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a
receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case
for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to
maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path
that falls 45 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make
prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances,
regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a
provision of the Agreement, then Owner may, without prejudice to any right or remedy and after giving the
Contractor and his surety, if any, seven (7) days written notice, during which period Contractor fails to cure the
violation, terminate the employment of the Contractor and take possession of the site and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the Contractor, and may finish the
Project by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive
any further payment until the Project is finished, nor shall he be relieved from his obligations assumed under Article
7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the
Contractor (excluding monies owed the Contractor for subcontract work).
14.3 Termination by Owner Without Cause
(1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.3(2), he shall reimburse
the Contractor for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the
Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the
same ratio to the Constntction Phase Fee as the Cost of the Project at the time of termination bears to the GMP, if
established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the contractor fair
compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such
termination of Agreement the Owner shall further assume and become liable for obligations, commitments and
unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection
with said Project. The Contractor shall, as a condition of receiving the payments referred to in this Article 14,
execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as
the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under
such obligations or commitments.
(2) After the establishment of the GMP or at the completion of the Design Phase, if the final cost estimates or
lack of funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this
Agreement and pay the Contractor his proportionate fee due in accordance with Article 8.1.1.
ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Neither the Owner nor the Contractor shall assign his interest in this Agreement without the written consent of the other, except
as to the assignment of proceeds.
15.2 This Agreement shall be governed by the laws of the state of Florida.
ARTICLE 16
NOTICE OF CLAIM, WAIVER OF REMEDIES, NO DAMAGES FOR DELAY
16.1 The Owner's liability to Contractor for any claims arising out of or related to the subject matter of this contract, whether in
contract or tort, including, but not limited to, claims for extension of construction time, for payment by the Owner of the costs,
damages or losses because of changed conditions under which the work is to be performed, or for additional work, shall be
governed by the following provisions:
(a) All claims must be submitted as a Request for Change Order in the manner as provided herein;
(b) The Contractor must submit a Notice of Claim to Owner and to the Architect -Engineer within twenty (20) days of
when the Contractor was or should have been aware of the occerrrence of the event giving rise to the claim; and
26
40
(c) Within ten (10) days of submitting its Notice of Claim, the Contractor shall submit to the Owner its Request for
Change Order, which shall include a written statement of all details of the claim, including a description of the work
affected.
The Contractor agrees that the Owner shall not be liable for any claim that the Contractor fails to submit as a Request for Change
Order as provided in the above paragraph.
16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect -Engineer, shall deliver to the
Contractor its written determination of the claim.
The venue for all civil and administrative actions against the department shall be in Indian River County, Florida, unless
otherwise agreed by the parties.
16.3 For work the Contractor performs with its own forces, and in addition to the adjustments provided for in Article 8, the
Contractor's exclusive remedy for delays in performance of the construction caused by events beyond its control, including
delays claimed to be caused by or attributable to the Owner or the Architect -Engineer, including claims based on breach of
contract or negligence, shall be a claim submitted in compliance with 16.1 above, for an extension of the scheduled construction
time. In the event of a change in such work, the Contractor's claim for adjustments in the contract sum are limited exclusively to
its actual costs for such changes plus five percent (5%) for profit. The Contractor expressly agrees that the foregoing constitute
its Sole and Exclusive Remedies for delays and changes in such work, and eliminate any other remedies for claim for increase in
the contract price, delays, changes in the work, damages, losses or additional compensation.
ARTICLE 17
MISCELLANEOUS
17.1 Int> Mst Any monies not paid when due to either party under this contract shall not bear interest except as may be required by
Section 218.70, the Florida Prompt Payment Act, Florida Statutes (1999).
17.2 Harmony Contractor is advised and hereby agrees that he will exert every reasonable and diligent effort to assure that all labor
employed by Contractor and his subcontractors for work on the project shall work in harmony with and be compatible with all
other labor being used by building and construction contractors now or hereafter on the site of the Project.
Contractor further agrees that this provision will be included in all subcontracts of the subcontractors as well as the Contractor's
own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of
membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by
Article 1, Section 6 of the Florida Constitution.
17.3 Aonrentices If the Contractor employs apprentices on the Project, the behavior of the Contractor and the Owner shall be
governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice
programs and agreements established by the Division of Labor of the state of Florida Department of Labor and Employment
Security. The Contractor will include a provision similar to the foregoing sentence in each subcontract.
17.4 Invoices Submitted Under Article 9 Invoices submitted under Article 9 shall be submitted in detail sufficient for a proper pre -
audit and post -audit thereof. Invoices for any travel expenses shall be submitted in accordance with procedures specified in
Section 112.061 of the Florida Statutes governing payments by the state for travel expenses.
17.5 Contractor's Proie t Records The contractor's Project Records shall be maintained as prescribed hereinabove for the minimum
period required by Federal Law, and shall be made available to the Owner or his authorized representative at mutually
convenient times.
17.6 Contractor's Payment Riehts Indian River County agrees to pay, within thirty (30) calendar days of receipt by Indian River
County, all invoices approved by Indian River County for payment. Indian River County will not withhold payment without
proper and adequate justification.
17.7 Public Entity Crime Information Statement
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 or real property to a public entity, may not be awarded or perform work as a 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 thirty-six (36) months from the date of being placed
on the convicted vendor list"
27
a__
r7l
IN WITNESS WHERE -OF, the parties hereto have executed this Agreement the day and year first written above.
PROCTOR CONSTRUCTION COMPANY
Attest:
Title:
Witness;
By:
Tit e: (corporate seal)
INDIAN RIVER COUNTY
Attest:
BySaM-- aL�
Fran B. Adams*
Title: Chair an
BCC Approved:—, October 10, 2000
Title: J.K. BAR fON
I- �`,Wr Goonly I A00roved D71.
28
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
OWNER - Indian River County - Chris Kafer
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGET
Contractor's Pre-Construction Phase Fee $ 22.44.4.44
Contractor's Construction Phase Fee $ _TBD(Typically 10-12 %)
Contractor's Overhead and Profit $ TBD (Typicaljy S-8%)
Construction Budget Balance $ _4.090.400.00
40
U
EXHIBIT G
CONTRACTOR'S PERSONNEL
(TO BE ASSIGNED DURING PRF. -CONSTRUCTION PHASE)
DURATION PERCENTAGE
1N�P YIDU I, TITLE fmonlhsl AVAILABLE
Michael McCabe
Project Director
4
20%
John Krajewski
Superintendent
4
20%
Katherine LeCavalier
Clerical
4
20%
David Liscum
Estimating
4
30%
Judy Higgins
Administration
4
10%
40
EXHIBIT H
CONTRACTOR'S PER DIEM STAFF FOR TIME
(EXTENSIONS PER 8.1.2(l it
PERCENTAGE
IL9R VIVUAI TITLE -MAILABLE
TBD
IP'DIY)p IAL
TBD
EXHIBIT 1
CONTRACTOR'S PERSONNEL
(TO BE ASSIGNED DURING CONSTRUCTION OFF-SITE)
DURATIONPERCENTAGE
TITLE yponthsl AVAILABLE
L]Wqr
EXHIBIT J
CONTRACTOR'S PERSONNEL
(TO BE ASSIGNED DURING CONSTRUCTION ON-SITE)
DURATION.PERCENTAGE.
TITLE (months) AVAILABLE
55:_C L> —rec
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12 pp — copl> s SECTION 00610 - Performance Bond IN THC R Cclrin ; OF
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CLERK ca?;;Ill r { OURT feJ
11;VCRKNOW ALL MEN BY THESE PRESENTS: RdulArl CO.,C OFLA.
BY THIS BOND, we rn
PROCTOR CONSTRUCTION COMPANY
1401 HIGHWAY A1A,SUITE #301, VERO BEACH, FL 32963
TEL: (561) 234-8164 as Principal
(Contractor),.
(Insert name, principal business address, and telephone number of Principal/Contractor)
and O
UNITED STATES FIDELITY AND GUARANTY COMPANY o
600 N. WESTSHORE BLVD., SUITE #400, TAMPA, FL 33609 M
TEL: (813) 282-8994 s: corporation, cit
as Surety,
(Insert name, principal business address, and telephone number of Surety)
.c
are held and firmly bound unto the County of Indian River, Florida, 1810, 25th Street, Vero ry
Beach, Florida 32960, (561-567-8000),w
in the sum of FOUR MILLION, ONE HUNDRED, NINETY-ONE THOUSAND ONE Dollars ($ q 191 115.00---- )
amounting to 125% of the tots! bid price. For the payment of said sum we bind ourselves, our
heirs, executors, administrators and assigns, jointly and severally, for the faithful performance
of a certain written Contract, dated the day of , 20M
entered Into between the Principal and the County of Indian River, for:
Bond Number: SK0743
prAiect Name`A NORTH COUNTY REGIONAL PARK
Coufrty Pfgject,Num.ki; 9926
j'rofek�Addtess _t „ 1 9450 COUNTY ROAD 512, SEBASTIAN, FL
SITE IMPROVEMENTS AND CONSTRUCTION OF SPORTS ARENA
AT NORTH COUNTY REGIONAL PARK
A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully
copied hereln.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUC-I, that if the
Principal shall in all respects comply with the terms and conditions of said Contract and its
obligations thereunder, including all of the Contract Documents therein referred 0 and made a
part thereof, and such alterations as may be made in the Contract Drawings and Specifications
as therein provided for, and shall indemnify and save harmless the County of Indian River
against and from all expenses, damages, injury or conduct, want of care of skill, negligence or
';
default, including patent infringement on the part of the Principal, his agents or employees, in
the execution or performance of said Contract, including errors in the Drawings furnished by the
—
Principal, and further, if the Principal shall promptly make payments to all who s ipply him with
labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work
-'o
provided for in said Contract, then this obligation shall be null and void; otherwiso, the Principal
and Surety, jointly and severally, agree to pay the County of Indian River any difference
1 v
between the sum that the County of Indian River may be obliged to pay for the completion of
said Work, by contract or otherwise, and any damages, whether direr, indirect, or
—'
consequential, including reasonable attome 's_Was eluding appellate proceedings}, which the
Zr4an RIue:r' W, &a_6 4 Cu. ('vm,ssront.rS – �a$If1
I lbw 2 e'- Si . 00610 Per€amwce Bond
1`, O11b10. 1
» biro.wwamsamA&
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County of Indian River may incur as a result of the failure of the Principal to properly execute all
of the provisions of the Contract.
AND, the said Principal and Surety hereby further bind themselves, their successors, executors,
administrators and assigns, jointly and severally, that they will amply and full -1 protect the
County of Indian River against, and will pay any and all amounts, damage3, costs and
judgments which may be recovered against or which the County of Indian River may be called
upon to pay to any person or corporation by reason of any damage arising from the
performance of the said work, repair or maintenance thereof, or the manner of doing the same,
or his agents or his servants, or the infringements of any patent rights by reason of the use of
any material furnished or work done, as aforesaid or otherwise.
AND, the said Surety, for value received, hereby stipulates and agrees tha' no change,
extension of time, alteration or addition to the terms of the Contract or to th a work to be
performed thereunder, or the Specifications or Drawings accompanying the samrl, shall in any
way affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the Work or to the
Specifications or Drawings.
[Select either SUBSTANTIAL or FINAL completion in the paragraph below]
AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will
remain in full force and effect for a period of one year commencing on the date of
a'L+bs#~r #Igjl Completion as established on the Certificate of;y�stsraiellFlr� Completion
as issued by the County of Indian River.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this—,30th day of NOVEMBER , 2601 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by it:; undersigned
representative, pursuant to authority of its governing body.
*tahaaf►tr*rrf\rr#if**#Yt\#tilk#**i*ii*ifiY*►R*t\#k#Y*\ri*►f Mirtr\R*r►►f\ftrMY*Y\*#tifarfttrtr�rpt\**•rtffr►YM
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Signed, sealed and delivered In the presence of;
Witness Signature of Individual
Address Printed Name of Individual
Witness
Address
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-- CJ
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00610 • Perfornwce Bond
00510-2
r %A.W cmwd oaaad*gxwasa . wrno s ck aa.e ooc sw C"i
WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE_
NAME:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(3)EAL)
Address -��
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WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL.)
Address
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(The remainder of this page was left blank intentionally)
00610 - PWf0MVVM Barb
00010 - 3
.FiihYr C4nYilol tlod+tiw�ii00i t4 • W remr.'i Baro eac t4v. E�iU I
WHEN THE PRINCIPAL. IS A CORPORATION:
Attest:
PROCTOR CONSTRUCTION COMPANY
Secretary Name of Corporation
BY:
(Affix Corporate SEAL)
Printed Name
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
1 , certify that I am the Secretary of the corporation named as
Principal in the within bond; that , who signed the said bond on
behalf of the Principal was then of said corporatio is that 1 know
his signature, and his signature thereto is genuine; and that said Bond was duly s gned, sealed
and attested for and on behalf of Said corporation by authority of Its governing body.
Secretary (SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Attest: �+
UNITED STATES FIDELITY AND GUARANTY COMPANY
SecretaryCorporate Surety
600 N. WEST RE LVD., SUITE #400, TAMPA, FL 33608;
Business ddr
BY:(A x Corporate SEA'_)
JOHN WVn-Fact
TON
Attorney & Florida Resident Agent
MATSON-CHARLTON SURETY GROUP
Name of Local Agency
770 SOUTH DIXIE HIGHWAY, SUITE #101
CORAL GABLES, FL 33146 TEL NO : (305) 662-3852
Business Address
_ (The remainder of this page was left blank intentionally)
Ot�10 Perfortnarlee Bond
00610-4
ryYrrCawrrpp60MM1* 00+0-EWbarrs&WWA09ibv.0601
•
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
JOHN W. CHARLTON , to me well known, who being g by me first duly sworn upon oath,
Says that he is the attomey-In-fact for the UNITED STATES FIDE IT AND and that he has been
authorized by ITS PRESIDENT o execute the foregoing bond on behalf of the
CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and
sworn to before me this 30th day of NOVEMBER J .20 01
N P�tl��c, `tat�laridal
My Commission Expires: JUNE 1s, 2004
Dania Cavallere
.2 MY COMMISSIONAL CC943312 EXPIRES
w-. June 19, 2004
'•%EP�t�:`�' BONDED THRU TROY WN INSURANCE, INC
" END OF SECTION' •
00610-5
(:MtTrI CaWat Docvw+:rd�'.0 - WNw»++crr da>M1" dx WI D6R3T
CU 10 - Performance bond
•
SECTION 00612 • Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
BY THIS BOND, we
rt name, principal business address, and telephone number of Principal/Contractor)
and
UNITED STATES FIDELITY AND GUARANTY COMPANY
600 N. WESTSHORF RI \m RI IMP ttenn rARAo m
as Surety,
(Insert name, principal business address, and telephone number of Surety)
as Principal
a corporation,
are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Vero
Beach, Florida 32960 4561-567-8000
in the sum of THREE NtIL ION, THREE HUN RED, FIFTY-TWO THOUSAND, EIGHT
4dUA_.�^=.�—_n���gB Dollars ($ 3,352,892.00--- )
amounting to 100% of the total bid price. For the payment of said sum we bind —0elves, our
heirs, executors, administrators and assigns, jointly and severally, for the faithful performance
of a certain written Contract, dated the day of 20
entered into between the Principal and the County of Indian River, for:
Bond Number: SK0743
Prgject.Natn NORTH COUNTY REGIONAL PARK
tiunty Project Nul�ber'. 9926
PrOJept AddreS: 9450 COUNTY ROAD 512, SEBASTIAN, FL
!oJot%{fie ,GC�ptippi;? SITE IMPROVEMENTS AND CONSTRUCTION OF SPORTS
ARENA AT NORTH COUNTY REGIONAL PARK
A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
Principal shall promptly make payments to all claimants, as herein below defined, then this
obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the
following terms and conditions:
I. A claimant is defined as any person supplying the Principal with labor, material or
supplies, used directly or indirectly by the Principal or any subcontractor in the
prosecution of the Work provided for in said Contract, and is furtTer defined in
Section 713.01 of the Florida Statutes.
= B. The provisions of Section 265.05 Florida Statute shall apply.
The above named Principal and Surety hereby jointly and severally agree with the County of
Indian River that every claimant as herein defined, who has not been paid in `ull before the
expiration of a period of ninety (90) days after performance of the labor or after complete
00612-1 0of 12 • Payment Bond
F:Y.htltr CanYxl Dotvmxnla19p61 Z . PayOrnl eond�oc Ray. 05701
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40
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delivery of materials and supplies by such claimant, may sue on this Bond for the use of such
claimant, prosecute the suit to final judgment for such sums or sums as may be justly due
claimant, and have execution thereon. The County of Indian River shall not be iable for the
payment of any costs or expenses of any such suit. No suit or action shall be commenced
hereunder by any claimant:
1. Unless claimant, other than one having a direct contract with the Principal, she II within forty
five (45) days after beginning to furnish labor, materials or supplies for the p"osecution of
the work, furnish the Principal and Surety with a notice that he intends to look to this Bond
for protection.
2. Unless claimant, other than one having a direct contract with the Principal. shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials or supplies, deliver to the Principal and Surety written notice of the performance of
such labor or delivery of such material or supplies and the nonpayment therefore
3. After the expiration of one (1) year from the performance of the labor or completion of
delivery of the materials or supplies; it being understood, however, that if ,any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof, such
limitations shall be deemed to be amended, so as to be equal to the minimum period of
limitation permitted by such law.
4. Other than in a state court of competent jurisdiction in and for Indian River Cc:unty, Florida,
or in the United States District Court for the Southern District of Florida, and nct elsewhere.
The Surety, for value received, hereby stipulates and agrees that no charge, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond,
and the Surety hereby waives notice of any such change, extension of time, alterations of or
addition to the terms of the Contract, or to the work or to the Specifications.
The Surety represents and warrants to the County of Indian River that it has a Best's Key
Rating Guide, General Policyholder's rating of "A" and Financial Size Category of -',lass "X".
[Select either SUBSTANTIAL or FINAL completion in the paragraph below]
The Principal and Surety jointly and severally covenant and agree that this Bond will remain in
full force and effect for a period of one year commencing on the date of %0 i`talalFfna1
Completion as established on the Certificate of 00.0060 Vfl( ijl Completion as issued by the
County of Indian River.
The Principal and Surety jointly and severally, agree to pay the County of Indian River all
losses, damages, expenses, costs, and attorney's fees, including appellate pra;eedings, that
the County of Indian River sustains because of a default by the Principal under tha: Contract.
[The remainder of this page was left blank intentionally]
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Let
F.1NYaler CaWW DoMm MT0612 • Paimerg eaw.doc Rw. OS'01
00612.2 00402 • Payment Bond
E
40
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this 30th day of NOVEMBER , 20 01 , the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
tK/•fit/it#t/■Rk#Y#1RAiY##4Rttk*****#tt**f4#*4t*Y4►k#44►i#At#YRi#*/Y#t##f**#1rRIw#Ai#R#AA4#}tY /4464/Y###►*A
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Witness Signature of Individual
Address Printed Name of Individual
fitness
Address
tA#iM*ittY*#iM'##Y*Y*i4Rit#4Yitt#Y*t4tYAt*t}FtifAtRtttt#*it*}it#f*4ti#Aitit##tttt**#4iYYt*#f::#4ttR►Y*}titt►
WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE
NAME:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL)
Address
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[The remainder of this page was left blank intentionally)
00612-3 00612 - Payment Bond
F'AUTA r QWAMd DiaC~154MI2 - Nym l Bw6.dm Rei. DWI
3i
1-1
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LJ
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness
Address
Name of Partnership
BY:
Partner
Printed Name of Partner
Witness
(SEAL)
Address
RRW#RRKWRKN#WHK}tRR*RKRRYRKRR**K*YYKWKRRWKRH*KRRRYKWRWRHHRRRRRYRY4}}4K##KR#RKRY#K}KKK*K*�/HKRK*RY#*HRrt
WHEN THE PRINCIPAL 1S A CORPORATION:
Attest:
PROCTOR CONSTRUCTION COMPANY
Secretary Name of Corporation
BY:
(Affix Corpo ate SEAL)
Printed Name
Official Title
CERTIPICATE AS TO CORPORATE PRINCIPAL
I , certify that I am the Secretary of the corporation named
as Principal in the within bond; that who signed the said
bond on behalf of the Principal was then of sa d corporation:
that I know his signature, and his signature thereto is genuine; and that said E;ond was duly
signed, sealed and attested for and on behalf of Said corporation by authority o' Its governing
body.
Secretary (SEAL)
[The remainder of this page was left blank intentionally]
F:NWtm conY.d DWe VWr bbeal2 - P*~ aand.dW Rev. caro )
00612-4
00112 - Payment Bond
C
P
D
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
Secretary
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
UNITED STATES FIDELITY AND GUARANTY COMPANY
Corporate Surety
600 N. WE S HORE BLVD., SUITE #400, TAMPA„FLt`33rQ9,
Business dress
BY:
' �aillti tall �'
(Affix Corporah., SEAL)
JOHN HARLTON
Attorney- n -Fact
P.
Florida Resident Agent
MATSON-CHARLTON SURETY GROUP
Name of Local Agency
770 SOUTH DIXIE HIGHWAY, SUITE #101
CORAL GABLES, FL 33146. TEL NO.: (305) 662-3852
Business Address
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
JOHN W. CHARLTON to me well known who being by me fist duly sworn
upon oath, says that he Is the attorney-in-fact for the UNITED STATES FIDELITY AND GUARANTY
serlPAa1Y and
that he has been authorized b PRESIDENT
Y to execute the
foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian
River, Florida. Subscribed and sworn to before 7 this 30th day of NOVEMBER
20 01 I , ('
Notary Public, State of Fiprida
My Commission Expires: JUNE 19, 2004
* * END OF SECTION * *
00612-5
F.1Bbur CantrsU l}ocurnetY�Uga 12 - PaymaM Band,acc Rw. 0.N09
OffiVMid Cavallere
MYCOtAMISSI0t1# C043312E)TIRE5
�'• 3une 19, 2004
.ra,Pi�l� t BONDEDTNRU FROY FAN WSURANCE WC
OC612 - Payment Bond
M
IND
POWER OFXF1'ORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Undenrriten, Inc.
St. Paul Mercury Insurance Company
Power of Attorney No. 21337
Certificate No. 6 22 5 0 8
KNOW ALI, MEN BY THESE PRESIiNTS: That Seaboard Surety Company is a curpnratiun duly organized under the law. of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and Sl. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and than United States Fidelity and Guaranty Company is it corporation duly organized under the lass of the Stale ill- Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the lasts of the Slate of Wisconsin (hemi(, t•nllertirelr rolled the "Companies"), and that the Companies do
hereby make, constitute and appoint
D. W. Matson, III and John W. Charlton
Coral Gables
Florida
of the City of , State , their true and lawful Anume)l.)-in-Fact,
each in their separate capacity if more than one is maned above, to sign its name as surety to, and to execute, seal and acknuwledLe any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their businns of guaranteeing. the Iidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by lar.
IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and scaled this loth day rut. December 1999
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Pant Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Mercury Insurance Company
$��°surzt JMr err i_�s�� ,. �tar.uy
192 �O <F _ 'R i p 0
{sent
F. ^ ssxa;F l t y Y977g 1D 1(IHN PHINNE1'. Vi-P—idrm
?p. 4 c,L
'� NrenR� sv.�
State of Maryland
City of Hallimore 'I110MAS li. IIIIIBNE(il'Sli.:\ssi,t:uu Secretary
10th December 1999 F p y ;appeared John F. Phinney and
On Ihis day (,( Ic((,re ate. the underi rued (,(nicer, nrsonail
Thomas E. Iluibregtse, who acknowledged thenuclvn w be the Vice President and Assistant Secrelary. respectively: of Seaboard Surely Company, SI. Paul Fire and
Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United Staler Fidelity and Guammy ('(,"'party. Fideliq. and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.: and (hill the seals :dlixed to the foregoing instnuuent are the corporate to seah of
said Companies; and that they, as such, being auliurized so to do, executed the (oreguing iusuunlent for the purposes therein a u1:"n'd It, si llillg the names of Ihr
corpnralions by themselves its duly authorized officers.
W0
In Witness Whereof, l hereunto set my hand and olJicial seal 0 � pniAgy
�r ue4�
My Commission expires lite 13th day ul' July. 2(N)2. �9E CdV REBECCA FASI.EY-ONOh ALA. Nota" 1-uhlic
86203 Rev. 7-200 Printed in U.S.A.
M
this Power of Allomey is granted under and by the authority of the lidlawing resolutions adopted by the Boards of Uireclors of Senbnanl Surety Gnmpany!St. Fbril
Fire and Marine Insurance Company, St. Paul Guardian Insurance C'ompeny. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company.
Fidelity and Guaranty Insurance Company, and Fidelity and Gammas. lusty n ce Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in commotion with the fidelity and surety insurance business of the Company, all Mmds, undertakings, contracts and otter instruments relating
to said business may be signed, executed, and acknowledged by persom or entities appointed as Auurney(s)-in-Fact pursuant to it Power ol'Attomey issued in
,accordance with these resolutions. Said Power(s) of Attorney for and on hehalf of the Company may and shall he executed in the name and on behalf of the
Company. either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or ;in Assistant Secretary,
under their respective designations. The signature of such officers may he engraved. printed or lithographed. The signature of each of the foregoing officers and
(lie seal of the Company may be affixed by facsimile to any Power of.Viuntey or loany certificate relating thereto appointing Auomey(s)-in-Fact for purposes
only of executing and attesting bonds and undenakings and other writings obligatory in the nature thereof', and subject to any limitations ser firth therein, any
such Power of Attorney or certificate hearing such facsimile signaure or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached: and
RESOLVED FURTHER, that Altomey(s)-in-Fact shall have the town and authority, and, in any cmc. Subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and m attach the seal of the Company to any and all hands and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and auesicd to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Auomey executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto ser my hand this 30th day of NOVEMBER 2001
starry'' " J
1927 �` raver (� °_•rr,'t p; w+'°•+,, � nmvroRfrro
�a�� ;f�°,v"a ;`.senrj�^ �1+ssair� � tt186 X78 g 1951 � E
"es `s°tai Thunnas E. Huibregtse. Assistant Secrcuary.
To verify Ute authenticity of this Power of Attorney, call 1-800-411-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details ofthe bond to which the power is attached.