HomeMy WebLinkAboutItem #03 Change Order #1 for Tom Ison Senior & Veteran Service Center
AGENDA ITEM COVER SHEET
Meeting Date: February 21,2006
Item # 3
Contact Name:
Contact Number:
Bob Zaitooni
6002
Reviewed By: J '
Department Director: ( ~:..cJI-
City Manager:
-----
Subject:fChangeOrder#ffor the Thomas Ison Senior.& Veteran ServiceCe.nter
Background Summary:
On April 19, 2005, the City Commission awarded a design-build contract to Southern Building Services to renovate the
former Glad Tidings Church on Adair Street to the Thomas Ison Senior & Veteran Service Center for $549,539.00
Funding has been obtained from the U.S. Department of Housing & Urban Development (HUD) for years 2003 through
2006. In 2003 City received $201,184.00, in 2004 $198,820.00, and in 2005 $148,800.00 for a total of$548,804.00.
The City has tentatively received word that they will receive an additional $250,000.00 in 2006. In addition to some
cost adjustments on existing contract items, staff has requested additional improvements including a concrete handicap
ramp and hand rails, a dumpster enclosure, acoustical tiles, a sidewalk system connected to the street, landscape design,
landscaping and irrigation, back flow prevention devices and testing, and additional parking lot lighting for a total of
$83,830.00.
Issue:
Should the City Commission approve a Change Order #1 for $83,830.00 for the Thomas Ison Senior & Veteran Service
Center from the Parks & Recreation Impact Fees?
Recommendations
Staff is requesting that City Commission approve Change Order #1 for $83,830 for the additional items and cost
adjustments from the Parks and Recreation Impact Fees and to extend the substantial completion time to April 21, 2006.
Attachments:
Detail cost estimate for Change Order #1 from Southern Building Services & Change Order Form.
Financial Impact:
Funds are available from the Parks and Recreation Impact Fees. The funds will be reimbursed from the future receipts
from the 2006 HUD.
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
D Commission Approval
D Discussion & Direction
For Clerk's Deaf Use:
r8J Consent Agenda
D Public Hearing
D Regular Agenda
D Original DocumenUContract Attached for Execution by City Clerk
D Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept. ~I O~
Reviewed by ( )
[gJ N/A
o N/A
o N/A
City Manager
Robert Frank
Commissioners
Garv Hood. District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Bob Zaitooni, Director of Public Works
DATE:
February 13, 2006
RE:
Change Order #1 for Thomas Ison Senior & Veteran Service Center
ISSUE
Should the City Commission approve Change Order #lfor $83,830 from the Park & Recreation Impact Fees for
the Thomas Ison Senior & Veteran Service Center?
BACKGROUNDIDISCUSSION
On April 19, 2005, the City Commission awarded a design-build contract to Southern Building Services to
renovate the former Glad Tidings Church on Adair Street to the Thomas Ison Senior & Veteran Service Center
for $549,539.00. Funding for the project was provided by the U.S. Department of Housing & Urban
Development (HUD) for years 2003 through 2006. In 2003 City received $201,184.00, in 2004 $198,820.00,
and in 2005 $148,800.00 for a total of$548,804.00. The City is tentatively scheduled to receive an additional
$250,000.00 in 2006 which will reimburse the funds from the Parks & Recreation Impact Fees used for this
project.
As outlined on the attached detail estimate, in addition to some cost adjustments on existing contract line items,
staff has requested improvements not included in the original contract including a concrete handicap ramp and
hand rails, a dumpster enclosure, acoustical tiles, a sidewalk system connecting to the street, landscape design,
landscaping and irrigation, back flow prevention devices and testing, and additional parking lot lighting for a
totalof$83,830.00.
In addition to the costs, staff is recommending to extend the substantial completion date to April 21, 2006 and
the final completion date of May 19,2006.
Funds are available from the Parks and Recreation Impact Fees. The funds will be reimbursed from the future
receipts from the 2006 HUD grant estimated at $250,000.
RECOMMENDATION
City staff is requesting that City Commission approve Change Order #1 for $83,830 to Southern Building
Services from the Parks and Recreation Impact Fees and to extend contract time for a substantial completion
date of April 21, 2006 and final completion date of May 19, 2006.
CITY OF OCOEE
Department of Public Works
301 Maguire Road
Ocoee, Florida 34761-2258
CHANGE ORDER NO. #1
CITY OF OCOEE
Thomas Ison SeniorN eterans Service Center
PROJECT NO. 11805
CONSULTANT: Southern Building Services, Inc.
AGREEMENT DATE:, 2001
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original fee for design and construction administration services
$ 549,539.00
Current Fee adjusted by previous change order
$ 549,539.00
Net Increase Resulting from this change order
$ 83,830.00
The current contract fee including this change order
$633,369.00
ORIGINAL CONTRACT TIME: 250 days
ORIGINAL SUBSTANTIAL COMPLETION DATE: April 5, 2006
NEW SUBSTANTIAL COMPLETION DATE: April 21, 2006
NEW COMPLETION DATE: May 19, 2006
SCOPE OF WORK
Cost adjustment for current line items and addition of new improvements including new handicap ramp and railing,
dumpster enclosure, parking lot lighting, irrigation and landscaping, back-flow prevention, connection to sanitary
sewer as provided on the attached detail cost breakdown..
APPROVAL AND CHANGE AUTHORIZATION
This proposed change to the Contract is to be approved by the Ocoee City Commission.
Acknowledgements:
The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not
specifically changed by this Change Order; and,
It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original
contract other than matters expressly provided herein.
COTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in Fee and
Time shown hereon constitute full and complete compensation and satisfaction for all costs and modifications of
performance time incurred by the COTRACTOR as a result of this Change Order. No other claim for increased
costs of performance or modifications of time will be granted by the OWNER for the Work covered by this Change
Order. The COTRACTOR hereby waives and releases any further claims for cost or time against the OWNER
arising from or relating to the matters or Work set forth or contemplated by this Change Order.
RECOMMENDED BY:
ACCEPTED BY:
CITY OF OCOEE. FLORIDA
SOUTHERN BUILDING SERVICES, INC.
By:
By:
Signature
Signature
Date:
Date:
Title:
Title:
APPROVED BY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Date
Attest:
Beth Eickenberry, City Clerk
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
,2006.
APPROVED BY THE OCOEE CITY
COMMISSION IN A MEETING HELD ON
, 2006 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLC
By:
City Attorney
Ocoee Senior Citizen Veterans Center Cost Breakdown
ORIGINAL BUDGET
REV: 02-13-06 COLUMN # 1 COLUMN # 2
General Conditions $61,237.00 $61,237.00
Site Work $26,723.00 $23123.00
Demolitiontnlatform work $17,350.00 $14135.00
Landscaninn & Irrination Minimal allowance $20700.00 $3,000.00
Seotic Svstem I SanitarY Line to Street Allowance $5900.00 $15.350.00
Concrete $9,050.00 $11984.00
Block Masonrv $2,500.00 $3,245.00
Miscellaneous Structural Steel & Sollards $4 330.00 $4,450.00
Rolief, CarnentN $1,780.00 $1,780.00
Decorative Wood Trusses & Deckina $2,340.00 $2,500.00
Trim Careentrv $1,800.00 $1,800.00
Millwork Cabinets $15,500.00 $7290.00
Standine Seam Roof $35,000.00 $43,852.00
Insulation $2,500.00 $2,648.00
Gutter & Down Snouts $2500.00 $2,984.00
Caulkino $1,510.00 $1,145.00
Aluminum Windows $7,910.00 $5,510.00 $8 775.00
Aluminum Storefront $2,400.00 INCL. ABOVE
Doors & Hardware $5 300.00 $13,728.00
D~all & Framinn sub-ceilina ) $7 500.00 $18,038.00
Stucco Bands & Trim $13,500.00 $9,950.00
Ceramic Tilel ALL FLOORING $12,485.00 $3.600.00 $13607.00
Ceramic Tile (fJ) Entrance $1,450.00 INCL ABOVE
VCT & Vin I Base $1,810.00 INCL. ABOVE
Camet $5,625.00 INCL. ABOVE
Paintinn $8,355.00 $12,800.00
Toilet Partitions $3,800.00 $2.218.00
Toilet Accessories $625.00 $1,288.00
Fire Extinouishers $490.00 $490.00
Sinnane $150.00 $150.00
Annliances Allowance $10000.00 $2,000.00
HVAC $25690.00 $28,975.00
Plumbino $13,000.00 $18,755.00
Fire Sorinklers/Fire Line! T aDI Backflow Allowance $10,823.00 $50,500.00
Back Flow Allowance $5,000.00 INCL. ABOVE
Fire Line Wet Tan Allowance $3,200.00 INCL. ABOVE
Fire Line Allowance $6,750.00 INCL. ABOVE
Electrical $21,500.00 $30,000.00
Fire Alarm Allowance $5800.00 $5,000.00
~. Allnw.no. $11 500.00 ~"40" nnl
O{'O{
Overhead & Profit $61,237.00 $61,237.00
Subtotal $445,335.00 $483 529.00
Desion Fee $89,800.00 $89,800.00
Subtotal $535,135.00 $573,329.00
Bond Fee $11,800.00 $11,800.00
Builders Risk $2,604.00 $2.604.00
Total $549 539.00 $587 733.00
iW"iii?Wi"(ii: iiii' iii
Add Hand Rails ON NEW RAMP $5,300.00 Allowance
Add Dumoster w!Bollards! Stucco! Paint Conc. $5 500.00 Allowance
Add Acoustical Tile CeilinQs $3,105.00
Add Concrete Ramn $3,200.00 Allowance
Delete Sidewalk at West of Entrance -$1,800.00
Add Parkinn Lot U ht & nole each Ii ht location 2 ea $2,400.00
Sidewalk to Street $3048.00 4 ' wide
Desian Fee for Landscane & Irriaation $2,500.00
Landscaoina & Irriaation $16500.00 Allowance
Plumbina- Back Flow $450.00
1" Backflow Certification T estinQ $100.00 Allowance
Si naae $3,398.00
Ice Maker $1,200.00
Total Alternates Costs $44 901.00
$422,292.00 Adjusted Budget From Above
$44,901.00 Altemates Costs
Onginal Budget
$384,098.00
$467,193.00 New Budget
Qualifications for Column # 2
Includes the following:
Alternates allowances
Standing Seam Roof Included
lee Machine Included
Review Comment Qualifications
1" Irrigation Meter will be needed, by Owner
1" Water Meter, Deposit, Wet Tap, Line Extension, by Owner
1" Irrigation Back Flow Installation by SBS I Sub
Mayor
S. Scott Vandergrift
c.enter of Good L .
~\\.e ..-- It?/~
City Manager
Robert Frank
NOTICE TO PROCEED
Dated: June 17. 2005
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
SOUTHERN BUILDING SERVICES. INC. is hereby directed to proceed with work on
( Contractor)
RFP #05-002 DESIGN-BUILD SERVICES
CITIZENSNETERANS SERVICE CENTER
(proj ect)
FOR
for the City of Ocoee.
The date of commencement is established as of Julv 11. 2005.
THE CITY OF OCOEE
Attachment: Contract
cc: Bob Zaitooni, Public Works Director
OCOEE
SENIOR
City ofOcoee' 150 N Lakeshore Drive' Ocoee, Florida 34761
phone: (407) 905-3100' fax: (407) 656'-8504' www.cLocoee.f1.us
:AIA Document A191'o -1996 Part 2
Standard Form of Agreement Between Owner and Design/Builder
Part 2 Agreement
TABLE OF ARTICLES
pART 2 AGREEMENT
1. GENERAL PROVISIONS
2. OWNER
3. DESIGN/BUILDER
4. TIME
5. PAYMENTS
6. PROTECTION OF PERSONS AND PROPERTY
7. INSURANCE AND BONDS
8. CHANGES IN THE WORK
9. CORRECTION OF WORK
10. DISPUTE RESOLUTION - MEDIATION AND ARBITRATION
11. MISCELLANeous PROVISJONS
12. TERMINATION OF THE AGREEMENT
13. BASIS OF COMPENSATION
14. OTHER CONDITIONS AND SERVICES
15. UQUIDA TED DAMAGES
AGREEMENT made as of the day of
(Tn words, indicate day, month and year.)
in the year of
ADDITIONS AND DELETIONS:
The author 01 this document has
added Information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that notes added Information as
well as revisions to the standard
fonn text Is available from the
au1hor and should be reviewed.
A vertical line in the left margin 01
this documenllndioates where
the author has added necessary
inlormatlon and where the author
has added to or deleted from the
original AlA text.
This document has Imporlant
legal consequences.
Consultation with an attorney
is encouraged with respect 10
its completion or modification.
BETWEEN the Owner:
City of Ococe
150 North Lakeshore Dlive
Oeoee, FL 34761
and the DesignlBuilder:
Southern Building Services, Inc.
1165 E. Plant Street
Winter Garclen. FL 34787
For the following Project:
Design Build Services are to be provided for the Ocoee SeniorNet Center in accordance
with the City of Ocoee Request for Proposal No. 05-002 and the related Design/Build
Criteria
AlA Document A19l''' -1996 Parl:l. COpyrIght @1985. 1996 by The American Insmute of Architects. All rights reserved. WARNING: This AlA"'
Document Is protected by U.$. Copyright Lsw and International Trel.tles. Unauthorlled r..productlon or distribution of this AlA" Document, or lIMY
portion alII, may rllsultln severe civil and criminal pensllles, and will be prosecuted to Ihe maximum exten1 possible under the law. This documenl
was produced by AlA sof1wan~ at 11:49:08 on 04/28/2005 underOrdsr No.l000169381_1 which expites on 3/1712006, and is nollot resale.
User Noles: (1415441747)
The architectural services described in Article 3 will be provided by the following person or entity who is lawfully
licensed to practice architecture:
Name IIl1d address
MLM Martin Archi tectural
Miguel Martin
Registration Number
AAC002208
AROO08255
Relationship to Design/Builder
Normal stlllctmal. mechanical and electric~ll engineering services will be provided contractually through the
Architect except as indicated below:
Name, address and discipline
Registration Number
Relationship to Design/Builder
The Owner and the DesignlBuilder agree as set forth below.
AlA Document A191 YN -1996 ParI 2. copyright @ 1985, 1996 by The American Institute 01 Architects. All rights reserved. WARNING: This AlA"
Document Is protected by U.s. Copyright Lew and International Treaties. Unaulhorlled reproduction Of distribution of this AIA~ Document, or any
parllon of II, may result In &evere civil and criminal penalties, and will be proseouted to the maximum sJctent pOflslble under the law. This doeumenl
was produced by AlA software at 11:49:08 on 04128f2GG$ under Order No.1ClOG169381_1 which expires on 3/17/2006, and is not lor resale.
User Notes; (1415441747)
2
TERMS AND CONDITIONS - AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
~ 1.1 BASIC DEFINITIONS
~ 1.1.1 The: Contract Documents consist of this Agreement, the DesignIBuilder's Proposal and written addenda to the
Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section
3.2.3 and Modifications issued after execution of this Agreement. A Modification is a Change .Order or a written
amendment to this Agreement signed by both parties. or a Construction Change Directive issued by the Owner in
accordance with Section 8.3.
!i 1.1.2The term "Work" means the consuuctlon and services provided by the DcsignIBuilder to fulfill the
DesignlBuilder's obligations.
~ 1.2 EXECUTION, CORRELATION AND INTENT
!i 1.2.1 It is the intent of the Owner and DesignlBuilder that the Contract Documents include all items necessary for
proper execution and completion of the Work. The Contract Documents are complementary, and what is required by
one sh,dl be as binding lis if required by all. Performance by the DesignlBuilder shall be required only 10 Ihe extent
consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended
results. Words that have well-known technical or cons(ruction indu$tIy meanings are used in Ihe Contract
Documents in accordance with such recognized meanings.
~ 1.2.2 If the DesignlBuilder believes or is advised by the Architect or by another design professional retained to
provide services on the Projecl thai implemenlation of llTlY instruction received from the Owner would cause a
violation of any applicable law, the DesignlBuilder shall notify tbe Owner in writing.
S 1.2.3 Nothing contained in this Agreement shall create a contractual relationship between the Owner and any
person or entity other than the DcsignlBuilder.
S 1.3 OWNERSHIP AND USE OF DOCUMENTS
91.3.1 If the DesignlBuilder defaults in theDesignlBuilder's obligations to the Owner, the Architect shall grant a
license to the Owncr to use the drawings, specifications, and other documents and elecU"onic data furnished by the
Architect to the DesignlBuiJder for the completion of the Project, conditioned upon the Ownel"s execution of an
agreement \0 cure the DcsignlBuilder's default in payment to the Architect for services previously performed.
(Paragraphs deleted)
ARTICLE 2 OWNER
!i 2,1 The Owner shall designate a reprcsentative authorized to act on the Owner's behalf wilh respect to the Project.
The Owner or such authorized representative shall examine documents submitted by the DesignlBuilder and shall
render decisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may
obtain independent review of the Contract Documents by a separate architect. engineer, conU"aetor or cost estimator
under contract to or employed by the Owner. Such independent review shall be undertnken at the Owner's expense
in a timely manner und shall not delay the orderly progress afthe Work.
~ 2.2 The Owner may appoint an on.site project repre$entative to observe the Work and to have such other
responsibilities as the Owner and DesignlBuilder ll(,,>ree in writing.
~ 2.3 The Owner shull cooperate with the DesignIBuilder in securing building and other permits, licenses and
inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the
cost of such fees is excluded from the DesignlBuilder's Proposal.
~ 2.4 The Owner shall furnish services of land surveyors, geotechnical engineers and other consul tants fOf subsoil,
air and water conditions when such services are deemed necessary by tbe DesignlBuilder to properly carry out dIe
design services required by this Agreement.
AlA Doolllllent A191'" -1996 Pari 2. Copyright @ 1985. 1996 by The American Institute of Archllect... All right.. rOllorved. WARNING: This AlA'"
Document is protected by U.S. copyright law and International Trl'l'lies. Unaulhl>rl%ed reproduc,{on or dlstrlbulion of this AlA'" Documenl or any
pottloll ot ii, may rasull in SBvere civil end criminal penulties, and will be proeecuted to the maxImum oxtenl possible under the law. This d'ocument
was produced by AlA software at t 1 :49:08 on 04/28/2005 under Order No. t000169381_1 which expires on 3/17/2006, and is not for resale.
User Noles:
3
(1415441747)
92.5 Tne Owner shall disclose, to the extent known to the Owner, the results and report~ of prior tests, inspections or
investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water
pollution; hazardOu.~ matelials; OJ' other environmental and subsurface conditions. The Owner shall disclose all
information known to the Owner regarding the presence of pollutants ilt the Project's site.
~ 2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the
Design/Builder's Proposal or the ConsUllctiOtl Documents, the Owner shall give prompt written notice thercof to the
DesignlBuilder.
92.7 The Owner shaJl, at the request of the OesignlBuilder, prior to execution of this Agreement and promptly upon
request thereafter, furnish to the Design/Builder rea.~onable evidence that financial arrangements have been made to
fulfill the Owner's obligations under the Contract.
~ 2.8 The Owner shall communicate with persons or entities employed or retained by the DesignlBuilder through the
DesignlBuilder, unless otherwise directed by the DesignlBuiJder.
ARTICLE 3 DESIGN/BUILDER
~ 3.1 SERVICES AND RESPONSIBILITIES
I ~ 3.1,1 Design services required by this Agreement shall be performed by qualified architects and other design
professionals. The contractual obligations of such professional persons or entities are undertaken and perfQfilll:d in
the interest of the DesignlBuilder.
I
I
93.1.2 The agreements between the DesignIBuilder aud the persons or entities identified in this Agreement. and any
subsequent modifications, shall be in writing. These agreemcnts, including financial arrangements with respect to
this Project, shall be promptly and fully disclosed to the Owner upon request
93.1.3 The DesignlBuilder shall be responsible to the Owner for acts and omissions of the DesignIB uilder' s
employees, subcontractors and their agents and employees, and other pers(ms, .including the Architect and other
design professionals, performing any portion of the DesignIBuilder's obligations undcr this Agreement.
9 3,2 BASIC SERIVICES
~ 3.2.1 The Design/Builder's Basic Services arc described below and in Article 14.
~ 3.2.2 The DesignlBuilder shall designate a representative authorized to act on the DesignfBuilder's behalf with
respeclto the Project.
~ 3.2.3 The DesigolBuilder shall submit Construction Documents for review and approval by the OWner.
ConsUllction Documents may include drawings, specifications, and other documents and electronic data !letting forth
in detail the requirements for construction of the Work, and IIhall:
.1 be consistent with the intent of the Owner's DesignlBuild Criteria;
.2 provide information for the use of those in the building trades; and
.3 include documents customarily required for regulatory agency approvals.
~ 3.2 4 The DesignlBuilder, with the assistance of the Owner, shall tile documents required to obtain necessary
approvals of governmental authorities havingjurisdiclion over the Project.
~ 3.2.5 Unless otherwise provided in the Contract Documents, the Design/Builder shall provide or.CBnse to be
provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation and other facilities and services neccssary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in
the Work.
AlA Documenl A191 T. _ 1996 Part 2. Copyright @ 1985, 1996 by The American Inslltute 01 Architects. All rights reserVed. WARNING: This AlA"
Document Is prolected by U.S. Copyright Law and Inlernational Treaties. UnaulhorllSd reproduction or distribution 01 this AlA" Document, or ~ny 4
portion 01 iI, may raGullln sevels civil and criminal pilnallles, and will be proseouted 10 the maximum exlent possible under Ihe lew. This document
was produced by AlA soflwa", all1 :49:08 on 0412812005 under Order No.l000t69381_' whiCh sxpiras on 3/1712006. and Is not ror resale.
Use, Noles: (1415441747)
~ 3.2.6 The Design/Builder shall be responsible for all construction means, methods, techniques, sequences and
procedures, and for coordinating all portions of the Work under this Agreement.
~ 3.2.7 The DesignlBuilder shall keep the Owner informed of the progress and quality of the Work.
~ 3.2.8 The Design/Builder shall be responsible for correcting Work which does not confonn to the Contract
Documents.
~ 3.2.9 The Design/Builder Warrants to the Owner that materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or pennitted by the Contract Documents, tha.t the construction
will be free from faults and defects, and that the construction will confonn wilh the requirement~ of the Contracl
Documents. Constructioll not conforming to these requirements, including substitutions not properly approved by
the Owner. shall be corrected in accordance with Article 9.
~ 3.2.10 The Design/Builder shall pay all sales, consumer, use and similar !aXe!; Which had been legally enacted nt
the time the DesignlBuilder's Proposal was fustsubmitted to the Owner, and shall secure and pay for building and
other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of
the Work which are either customarily secured after execution of a contract for construction or are legally required
al the time the DesignlBuilder's Proposal was first submitted to the Owner.
~ 3.2.11 The Design/Builder shall comply with and give notices required by Jaws. ordinances, rules, regulations and
[awful orders of public authorities relating to the Project.
S 3.2,12 The DesignlBuilder shall pay royalties and license fees for patented designs, processes or product.~. The
DeslgnlBuilder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from
loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or
product of II particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe
the use of a required design, process or product is an infringement of a patent, the DesignlBuilder shall be
responsible for such loss unless such information is promptly furnished to the Owner.
93.2.13 The DesignlBuilder shall keep the premises and surrounding area free from accumulation of waste materials
or rubbish caused by operations under this Agreement. At the completion of the Work, the DesignlBuilder shall
remove from the site waste materials, rubbish, !:he DesignlBuilder's tools, construction equipment, machinery, and
surplus materials.
~ 3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes thm the Work or an agreed
upon portion thereof is substantially completed, The Owner shall issue a Certificate of Substantial Completion
which shall establish the Date of Substantial Completion, shall state the responsibility of each party for security,
maintenance, heat, utilities, damage to the Work and insurance, shall include a list of items to be completed or
corrected and shaH fix the time within which the DcsignlBuildeJ' shall complete items listed therein.
9 3.2.15 The Deslgn/Builder shall maintain at the site for the Owner one record eopy of the drawings, speciticlItions,
product daro. samples, shop drawings. Change Orders IInd other modifications, in good order and regularly updated
to record the completed construction. These shall be delivered to the Owner upon completion of construction and
prior to final payment.
93.3 ADDITIONAL SERVICES
93.3.1 The services described in this Section 3.3 are not included in Basic Services unless so identified in Article 14,
and they shall be paid for by the Owner as provided in this Agreement. in addition to the compensation for Basic
Services. The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by
the Owner.
S 3.3.2 Making revisions in drawings, specificlltions, and other documents or electronic data when such revisions are
required by the enactment 01' revision of codes, laws or regUlations subsequent to the preparation of such documents
or electronic data.
AlA Document A 191 TN -1996 Part 2. COJlyrlghl @ 1985. 1996 by The American Ins~lute 01 Archltecfs. All rights reserved. WARNING: This AlA"
Document Is prOlected by U.S. Copyright Law end International 1realles. Unauthorized reproduction or distribution of this AlA'" Document or any
portion 01 ii, may re."I! In severe cIvil and criminal penalties, and will be prosecuted to the maxImum exlent possible under the law. Thls documenl 5
was prodUCed by AlA software at '1 :49:06 on 04/2812005 undor Ordor No.l000169381_f which expires on 3/17/2006. and Is not for resale.
User Notes: (1415441747)
~ 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,
and furnishing servkes required in connection with the replacement of such Work.
~ 3.3.4 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding, except
where the DesignlBuilller is a party thcrcto.
~ 3.3.5 Providing coordination of constJllction performed by the Owner's own forces or separate contractors
employed by the Owner, and coordination of services required in connection with construction performed and
equipment supplied by the Owner.
~ 3.3.6 Preparing a sel of rcproducible record docU11lent..~ or electronic data showing significam changes in the Work
made during construction.
~ 3.3,7 Providing assistance in the utilizatiolJ of equipment or systems such as preparation of operation and
maintenance manuals, training personnel for operation and maintenance, and consultation during operation.
ARTICLE 4 TIME
~ 4.1 Unless otherwise indicated. the Owner IInd the Design/Builder shall perform their respective obligations as
expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project.
~ 4.2 Time limits stated in the Contract Documenl~ are of the essence. The Work to be performed under this
Agreement shall commence upon receipt of /I notice to proceed unless otherwise agreed and, subject to authorized
Modifications, Substantial Completion shall be achieved by the DcsignlBuilder not later than 180 calendar days
from issuance of a notice to proceed.
~ 4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract DOCllments Ntl the Owner can occupy or utilize the Work for
its intended use.
~ 4.4 Based on the Design/Builder's Proposal, a construction schedule shull be provided consistent with Section 4.2
above.
~ 4.5 If the DesignlBuilder is delayed at any time in the progress of the Work by an act or neglect of' the Owner,
OWner's employees, or separate contractors employed by the Owner, or by changes ordered in the Work, or by labor
disputes. fke, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable
casualties or other causes beyond the DesignlBuilder's control, or by other causes which the Owner and
DesignlBuilder agree may justify delay. then the Contract Time shall be reasonably extended by Change Order.
ARTICLE 5 PAYMENTS
~ 5.1 PROGRESS PAYMENTS
S 5.1.1 The DesignIBuilder shall deliver to the Owner itemized Applications for Payment in such detail as indicated
in Article 14.
S 5.1.2 Within ten (10) days of the Owner's receipt of a properly submitted and correct Application for Payment, the
Owner shall make payment to the DesignlBuilder,
S 5.1.3 The Application for Payment shall constitute a representation by the Design/Builder to.the Owner that tbe
design and construction have progressed to the point indicated, the quality of the Work covered by the application is
in accordance with the Contract Documents, and the Design/Builder is entitled to payment in the amount requested.
95.1.4 Upon receipt of payment from the Owner, the DesignlBuilder shall promptly pay the Architect, other design
professionals and eacb contractor the amount to which each is entitled in accordance with the terms of their
respective contracts.
S 5.1.5 The Owner shall have no obligation under this Agreement to payor to be responsible in any way for payment
to the Archltect, another design professional or a contractor performing portions of the Work.
AlA Doculnonl A19111/ -1996 Pari 2. Copyright @ 1005. 1996 by The Amerioan Institute 01 Arohitects. All rIghts reeerved. WARNING: ThIs AlA"
Documenlls protected by U.S. Copyright Lew llI1d Interna1l0nal Treaties. Urtauthorind reproduction or dislrlbutlon of this AlA" Documen', or an)!
portion of II, may relull In severe clvit and criminal penanlos, and wilt ba proseculed 10 the maxImum eXlent possible under the law. This document
was produced by AlA software at 11 :49:08 on 0412812005 under Order NO.1000169381..' which expire.s on 311712006. and Is nollor resale.
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6
~ 5.1.6 Neither progress payment nor parLial or emire use or occupancy of the Project by the Owner shnll constitute
an acceptance of Work not in accordance wilh the Contract Documents.
~ 5.1.7 The DesignlBuilder warrllOts that title to all construction covered by an Application for Payment will pass to
the Owner no later than the time of payment. The Design/Builder ful1her warrants that upon submittal of an
Application for Payment all constrUction for which payments have been received from the Owner shall be free and
clear of liens, claims, secul'ity interests or encumbrances in favor of lhe Design/Buildet' or any other person or entity
perfoi1lling construction attbe site or furnishing materials or equipment relating to the constnlction.
95.1.8 At the time of Substantial Completion. the Owner shall pay the DesignfBuilder tbe retain age. jf any. less the
reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be
made upon correction or completion of such Work.
~ 5.2 FINAL PAYMENTS
~ 5.2.1 Neither final payment nor amounts retained, if any, shall become due until the DesignlBuilder submits to the
Owner: (1) an affidavit that payrolls, bills for materials and equipment. and other indebtedness connected with the
Work for which the Owner or Owner's property might be responsible or encumbered (less amounts withheld by the
Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire
until at least 30 days' prior wriuen notice has been given to the Owner; (3) a written stalement that the
Design/Builder knoW.~ of no substantial reason that the insurance. will not be renewable to cover the period required
by the ContractDocumenL~; (4) consent of surety, if any, to final payment; and (5) if required by the Owner, other
data establishing payment or satisfaction of obligntiolls, such as receipL~. releases and waivers of liens, claims,
security interests or encumbrances arising out of the Contrl\ct, to the extent and in such form as may be designated
by the Owner. If a contTactor or other person or entity entitled to assert a lien against the Owner's property refuses
to fumish a release or waiver required by the Owner, the Designl Builder may furnish a bond satisfactory to tbe
Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the
DesignlBuilder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a
result of such tien.
~ 5,2.2 When the Work has been completed and the contract fully performed, the DesignlBuilder shall submit a final
application for payment to the Owner. who shall make final payment within 30 days of receipt
~ 5.2.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from:
.1 liens, claims, security interests or encumbrances arising out of the Contract and unsenled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
95.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder.
(Paragraph deleted)
ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY
~ 6.1 The Dcsigo/Builder shall be responsible for initiating, maintaining and providing supervision of all safety
precautions and programs in connection with the performance of this Agreement.
~ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection
to prevent damage, injury ot' loss to: (1) employees on the Work and other persons who may be affected thereby; (2)
the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care,
custody, or control ()f the DesignlBuilder or the DesignlBuilder's contractors; and (3) other properlY at or adjacent
thereto, such as trees, shrubs. lawns. walks, pavements, roadways. structures and utilities not designated for removal
relocation or replacement in the course of construction.
~ 6.3 The DesignlBuilder shall give notices and comply with applicable laws, ordinances, rules. regulations and
lawful orders of public authorities bearing on the safety of persons or property or their protection from damage,
injury or loss.
AlA Document A101rM-1096 Part 2. Copyright @ 1985.1996 by The American Inslitule of Architects. All righls reserved. WARNING: this AlA~
DO(:umenl Ie protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document or any
portion pIll, may result In J;evere civil and criminal penaltlus, and will be plooeC\.lted \0 the maximum elllent possible under the law. This document 7
Was prodUCed by AlA software all1:49:06 On 04/2812005 under Ordor NO.1 000169381_1 which ellpires on 3/1712008, end i. nol for resale.
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~ 6.4 The Design/Builder shall promptly remedy damage and loss (other than damage or loss insured under property
insurance provided or required by the Contract Documcnts) to property at the sitc caused in whole or in part by the
DesignlBuilder. a contractor of the DesignlBuilder or anyone dircctly or indirectly employed by any of rhem, or by
anyone for whose acts they may be liable.
ARTlCLI: 7 INSURANCE AND BONDS
97.1 DESIGN/BUILDER'S LIABILITY INSURANCE
97.1.1 The DesignIBuilder shall purcha.~e from and maintain, in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located, such insurance as wiII protect the Design/Builder from
claims set forth below which may arise out of or result from operations under this Agreement by the DesignlBuilder
or by a contractor of the DesignlBuilder, or by anyone directly or indircctly employed by any of them, or by anyone
for whosc acts any of them may be liable:
.1 claims under workers' compensation, disability benefit and other itimilar employee benefit laws that
are applicable to the Work to be perfoffiled: .
.2 claims for damages because of bodily injury. occupational sickness or disease. Or death of the
DesignlBuilder's employees;
.3 claims fol' damages becausc of bodily injury, sickness or disease, or death of persons other than the
DesignlBuilder's employees;
.4 claims for damages covered by usual personal injury liability coverage which are sustained (1) oy II
person as a result of an offense directly or indirectly related to employment of such person by the
Design/Builder or (2) by another person;
.5 claims for damages. other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of a person. or property damage arising out of
ownership, maintenance or use of a motor vehicle; and
.7 claims involving contractual .liability insurance applicable to the DesignlBuilder' s obligations under
Section 11.5.
~ 7.1.2 The insurance required by Section 7.1.1 shall be written for not less thanlimlts of liability specified in this
Agreement or required by law, whichever coverage is greater. Coverages. whether written on an occurrence or
claims-made basis, shall be maintained without inten'Uption from date of commencement of the Work until lIfler
final payment as may be required.
97.1.3 Certificates ofInsurallce acceptable to the Owner shall be delivered to rhe Owner immediately aftcr execution
of this Agreement. These Certificates and the insurance policies required by this Section 7. J shall contain a
provision that coverages afforded under the policies will nor be cancelcd or allowed to expire until at least 30 days'
prior Wlitten notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain
in force after final payment. an additilffial certificate evidencing continuation of such coverage shall be submitted
with the application for final payment. Information concerning reduction of coverage shall be furnished by the
DcsignlBulJder with reasonable promptness in accordance with the DesignIBuilder's information and belief.
~ 7.2 OWNER'S LIABILITY INSURANCE
~ 7.2.1 The Owner shall be responsible for pw'chasing and maintaining the Owner's usual liability insurance.
Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may
arise from operations under this Agreement. The DesignlBuilder shall not be responsible for purchasing and
maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents.
~ 7.3 PROPERTY INSURANCE
~ 7.3.1 Unless otherwise provided under this Agreement, the Owner shall purchase and maintain, in a company or
companies authorized to do business in the jurisdiction in which the principal improvements are to be located,
property insurance upon the Work to the full insurable value thereof on a replacement cost basis without optional
deductibJes. Such property insw:ance shall be maintained. unless otherwise provided in the Contract Documents or
otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance. until final payment
has been made or until no person or entity other than tbe Owner has an insurable interest in the property required by
this Section 7.3 to be insured, whicoever is earlier. This insunmce shall include interests of the Owner, the
DesignlBuilder, and their respective contractors and subcontractors in the Work.
AlA Document A191.... -1996 Part 2. Copyright @ 1005. 1998 byTha American InsliMe of Architects. All rights reserved. WARNING: This AlA'"
Document Is prot.c1ad by U.s, copyright Lllw and lnlernallonel Tre81[e.. Unauthorl2ed reprodUction or dlstrlbullon of this AlA" Document, or any
portion of II, may reaullln severe civil and criminal penalties, and will be proseculed to Ihe maKlmum eKtent p08slble under the law. This document 8
was produced by AlA software at 11:49:08 on 04/28/2005 under Order No.100016938Ct which eKpires on 3/17/2006, and is not for resale,
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~ 7.3.2 Property insurance shall be 011 an all-dsk policy form and shall insure against the perils of fire and extended
coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious
mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by
enforcement of any applicable JegaI requirements, and shall cover reasonable compensation for the services and
expenses of the Design/Builder's ArchitcctlUld other professionals required as a result of such insured loss.
Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.
~ 7.3.3 If the Owner does not intend to purchase such property insurance required by this Agreement and wi th all of
the coverages in the amount described above, the Owner shall so inform the DesignlBuilder prior to commencement
of the construction. The DesignlBuiJder may rhen effecr insurance which will protect the interests of the
DesignlBuilder and the DesignlBuildcr's contractors in the construction, and by appropriate Change Order the cost
thereof shall be charged to the Owner. If the DesignfBuilder is damaged by the failure or neglect of the Owner to
purchase or maintain insurance as de-scribed above, then the Owner shall bear all reasonable costs properly
attributable thereto.
~ 7.3.4 Unless otherwise provided, the Owner shall purchase and maintain such boiler and machinery insurance
required by this Agreement or by law, which shall specifically cover such insured objects during installation and
until final acceptance by the Owner. This insurance shall include interests of the Owner, the Design/Builder, the
Design/Builder's contractors and subcOllltactors in the Work, and the DesignlBuilder's Architect and other design
professionals. The Owner and the Design/Builder shall be named insureds.
~ 7.3.5 A loss insured under the Owner's property illsurllnce shllll be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 7.3.10. The Design/Builder shall pay contractors rheir shares of
insurance proceeds received by the DesignlBuilder, and by appropriate agreement, written where legally required for
validity, shan require contractors to make payments to their subcontractors in similar manner.
~ 7.3.6 Before an exposure to loss may occur, the Owner shall file with the DesignlBuilder a copy of each policy that
includes insurance covet'ages required by this Section 7.3. Each policy shaJI contain all gener,ally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or aJlowed to expire until at least 30 days' prior wrirten notice has been given to
the Design/Builder.
~ 7.3.7 If the DesignlBuilder requests in writing that insurance for risks otber than those described herein or for other
special hazards be included in the property insurance policy, the Owner shall, if possible, obtain such insurance, and
the cost thereof shall be charged to the DesignlBuiJder by appropriate Change Order.
S 7.3.8 The Owner and thc DesignlBuilder waive all rights against each other and the Architect and other design
professionals. contractors, subcontractors, agenrs and employees, each of the other, for damages caused by fire or
other perils to rhe extent covcn=.cI by property insurance obtained pursuant to this Section 7.3 or other property
insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the
Owner as trustee. The Owner or Designl Builder, as appropriate, shall require from contractors and subcontractors
by appropriate agreement~. written where legally required for validity, similar waivers each in favor of other parties
enumerated in this Section 7.3. The policies shall provide such waivers of subrogation by endorsement or otherwise.
A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise
have a duty of jndemnification. contractual or otherwise, did not pay the insurance premium directly or indirectly,
and whether or not the person or entity had an insurable interest in the property damaged.
~ 7.3.9 The Owner as trustee shaJl have power to adjust and setlle a loss with insurers.
~ 7.3.10 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or
companies providing property insurance have consenled to such partial occupancy or use by endorsement or
otherwise. The Owner and [he DesignJ Builder shall take reasonable steps to obtain consent of the insurance
company or companies and shall not. without mutual wlitten consent, take any action with respect to partial
occupancy or use that would cause cancellation, lapse or reduction of coverage.
AlA Document A191 1M -1996 Part 2. Copyrighl @ 1985. 1996 by rhe American IOSlllute of Arohllects. All rlghls reserved. WARNING: ThIs AlA"
Documenlls protecled by \l.5. copyrlghl Lsv{ and Inlernatlonsl Trestles. Unauthorl~ed reproduollon or distribution of Ihls AlA" Document. or any
portion of It, may resullln severe cIvil and criminal penallies, and wlll be prosecuted to the maximum extenl possible under the law. This documentfwas produceQ by AlA software alII :49:08 on 04/28/2005 under Order No.1 01l1l169381_1 whIch expires on 3/1712006. and Is nollor resale.
Uaert/olea: (1415441747)
9
(Paragraph deleted)
~ 7.4 LOSS OF USE OF INSURANCE
~ 7.4.1 The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner
against loss of use of the Owner's property due to fire or other hazards, however caused.
ARTICLE 8 CHANGES IN THE WORK
~ 8.1 CHANGES
fi 8.1.1 Changes in the Work may be accomplished after execution of this Agreement, without invalidating this
Agreement, by Change Order, ConstrUction Change Directive, or order for II minor change in t.he Work, subject to
the limitations stated in the Contract Documents.
98.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder; a Construction
Change Directive may be issued by the Owner without the agreement of the DesignIBuilder; an order for a minor
change in the Work may be issued by the DesignlBuilder alone,
9 8.1.3 Change.s in the Work shall be performed under applicable provisions of the Contract Documents, and the
DesignlBuilder shall proceed promptly, unless otherwise provided .in the Change Order, Construction Change
Directlve, or order for a minor chcmge ill the Work,
~ 8.1.4 If unit prices are stated illlhe Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such
unit prices to quantitie,~ of Work proposed will cause substantial inequity to the Owner or the Design/ Builder. the
applicable unit prices shall be equitably adjusted.
~ 8.2 CHANGE ORDERS
98.2.1 A Change Order is a wrinen instrUment prepared by the Design/Builder and signed by the Owner and the
Design/Builder, stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount ortbe adjustment, If any, in the Contract Sum; and
.3 the extent of the adjustment, if any. in the Contract Time.
98.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects
not to proceed with the change, a Change Order shall be issued to reimburse the DesignlBuilder for any costs
incurred for estimating services. dcsign services or preparation of proposed revisions to the Contract Documents.
9 8.3 CONSTRUCTION CHANGE DIRECTIVES
98.3.1 A Construction Change Directive is a wrillen order prepared and signed by the Owner, directing a change in
the Work prior to agreement on adjustment, if any. in the Contract Sum or Contract Time, or both.
~ 8.3.2 Except as otherwise agreed by (he O....'f1er and the Design/Builder, the adjustment to the Contract Sum shall
be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the
change, including the expenditures for design services and revisions to the Contract Documents. In case of an
increase in the Contract Sum. the cast sball include a reasonable allowance for overhead and profit. In such case,
the DesignlBuilder shall keep and present an itemized accounting together with appropriate supporting data for
inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be
limited to the following:
.1 cOsts of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom. and workers' compensation insurance;
.2 costs of materials, supplies and equipment. induding cost of transportation. whether incorporated or
consumed;
.3 rental costs of machinery and equipment exclusive of hand tools, whether rented from the
De.~ign/Builder or others;
.4 costs of premiums for all bonds and insurance permit fees, and sales, use nr similar taxes;
.5 additlonal costs of supervision and field office personnel directly attributable to the change; and fees
paid to the Architect, engineers and other professionals.
AlA Document A191''' - 1996 Part 2. Copyrlghl (l) 19B5, 1995 by The American InsllMe of Architects. All rights reserved. WARNING: This AlA"
Documenlls protected by U.S. Copyright Law and Intefnational Treaties. Unauthorized reproduction or distribution of this AIA$ Dooument, or any
pC:"lIon 0111, mey reault In severe civil and crlmln~1 penalties, and will be prosecuted to Ihe maximum IlXlonl possible under the law. This document
was produced by AlA software at 11 :49:08 on 04128/2005 under Order No.1000159381_1 which explres on 3/1712005. and Is nollor resale.
Use. Note., (1415441747)
10
~ 8.3.3 Pending final de.tennination of cost to the Owner, amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the DesignlBuilder to the Owner for deletion or change which
results in a net decrease in the Contract Sum will be actual net cost. When both additions and credit~ covering
related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the
basis of the net increase, if any, with respect to that change.
9 8.3.4 When the Owner and the DesignIBuilder agree upon the adjustments in the Contract Sum and Contract Time,
such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate
Change Order.
A 8.4 MINOR CHANGES IN THE WORK
! 8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and
construction consistent with the intent of the Contract Documents when such minor changes do not involve
adjustment in the Contract Sum or extension of tho Contract Time. The Design/Builder shall promptly inform the
Owner, in writing, of minor changes in the Construction Documents and conslnlction.
S 8.5 CONCEALED CONDITIONS
S 8.5.1 If conditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions
which differ materially from those indicatcd in the Contract Documents, or (2) unknown physical conditions of an
unusual nature which differ materially trom those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, then notice by the observing party
shall be given to the other party promptly befor~ conditions are disturbed and in no event later than 21 days after
first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown
conditions by Change Order upon claim by elthcr party made within 21 days after the claimant becomes aware of
the conditions.
S 8.6 REGULATORY CHANGES
S 8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or
revisions of codes, laws or regulations subsequent 10 the submission of the DesignlBuilder's Proposal.
ARTICLE 9 CORRECTION OF WORK
S 9.1 The DesignlBuilder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be
defective or failing to conform to the requirements of the Contract Documents. whether observed before or after
Substantial Completion and whether or not fabricated. installed or compieted. The DesignIBuilder shall bear costs
of correcting such rejected Work. including additional testing and inspections.
S 9.2 If, within one (i) year after the date of Substantial Completion of the Work or, after the date for
commencement of warranties established in a written agreement between the Owner and the Design/Builder, or by
terms of an applicable special warranty reqUired by the Contract Document~, any of the Work is found to be not in
accordance with the requirements of the Contract Documents, the DesignIBuilder shall correct it promptly after
receipt of a written notice from the OVo'llcr to do so unless the Owner has previously given the Design! Builder a
written acceptance of such condition.
S 9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other
ob.ligations which the DesignfBuilder might have under the Contract Documents. Bstablishment of the time period
of one (J) year as described in Section 9.2 relates only to the specific obligation of the DesignlBuilder to correct the
Work. and has no relationship to the time within which the obligation to comply with the Contract Documents may
be soughtlo be enforced, nor to the time within which proceedings may be commenced to establish the
Design/Builder's liability with respect to the DcsignfBuilder's obligations other than spccit1cally to correct the
Work..
Ii 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance
with the Contract Documents. the Owner, by written order signed personally or by an agent specifically so
empowered by thc Owner in writing, may order the Design/Builder to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a
duty on the part of the Owher to exercise the right for benefit of the DesignfBuilder or other persons or entities.
AlA Document A191TW -\996 ParI 2. Copytlghl ~ 19B5. 1996 by The American InstiMe 01 Archltacts. All rights reserved. WARNING: This AlA"
Document Is protected by U.S. Copyrlghllaw and International Trolltlltll. Unaulhorlzed reproduction or distribution of this ALA. Ooou"",nl, or any 11
PQr1lon or II. may resullln $eVl!re civil and crimina' penalties, and wIll be prosecuted to the maximum extent possible under tho law. This decumenl
was produced by AlA soltware at I 1:49:00 on 0412a1200S undor Ordor No. 1000169381_1 whicl1 expires Qn 3/1712006, and Is nol rOf resala.
U", Noles: (1415441747)
~ 9.5 If the DesignfBuilder defaults or neglecl~ to carry out the Work in accordance with the Contract Documents
and fails within seven (7) days after receipt of written notice ITom the Owner to commence and continue correction
of such default or neglect with diligence and promptness. the Owner may give a second written notice to the
Design/Builder and, seven (7) days following receipt by the DesignIBuilder of tbat secolld written notice and
without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or thereafter due the Design/ Builder. the costs of
correcting such deficiencies, If thc payments then or thereafter due the DesignIBuilder are oot sufficient to cover the
amount of the deduction, the DesignlBuilder shall pay the difference to the Owner, Such action by the Owner shall
be subjei:t to dispute resolution procedures as provided in Article] O.
ARTICLE 10 DISPUTE RESOLUTION - MEDIATION AND ARBITRATION
~ 10.1
As a condition precedent to filing of any sujt or other legal proceeding, the parties shall endeavor to resolve claim~,
disputes or other matters in question by mediatioll. Mediation shall be initiated by any party by serving a written
request for same on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15)
days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the
Owner shall select the mediator who, if selected solely by the Owner, shall be a mediator certified by the S.upreme
Court of Florida. No suit or other legal proceeding shall be filed untl! the mediator declares an impasse, which
declaration, in aoy event, shall be issued by the mediator not later than sixty (60) days after the initial mediation
conference. The sole and exclusive venue for any mediation shall be in Orange County, Florida, Any legal
proceeding of any nature bl'ought by either party against the other to enforce any right or obligation under this
Agreement or any Work Order issued under this Agreement, or arising out of any matter pertaining to this
Agreement or the Work to be performed hereunder, shall be submitted for trial, without a jury, before the Circuit
Court of the Ninth Judicial Circuit, in and for Orange County, Florida, The parties consent and submit to the
jurisdiction of such court and agree to accept service of process outside the State of Florida in any matter to be
submitted to aoy such court pursuant herelo. The Owner and DesignIBuilder expressly waive all rights to tnal by
jury regarding any legal proceeding of any nature brought by either party against the other to enforce any right or
obligation under this Agreement, or any Work Order issued under this Agreement. or arising out of any matter
pertaining to this Agreement or the Work to be performed hereunder. As noted herein, the sole and exclusive venue
for any litigation or other legal proceedings between the parties shall be the Circuit Court of the Ninth Judicial
Circuit in and for Orange County, Florida.
(Paragraphs deleted)
ARTICLE 11 MISCELLANEOUS PROVISIONS
~ 11.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is
located.
~ 11.2 SUBCONTRACTS
911.2.1 The DesignlBuiIder, as soon M practicable aFter execution of this Agreement, shall Furnish to the Owner in
writing the names of the persons or entities the Design/Builder will engage as contractors for the Project.
~ 11.3 WORK BY OWNER OR OWNER'S CONTRACTORS
911.3.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own forces, and to award separate contracL~ in connection with other portions of the Project or other construction or
operations on the site under conditions of insurance and waiver of subrogation idenncalto the provisions of this
Agreement. If the DesignlBuilder claims that delay or additional cost is involved because of such action by the
Owner, the Design/BuiJder shall assert such claims as provided in Section 11.4,
!i 11.3.2 The DesignlBuilder shall afford the Owner's separate contractors reasonable opportunity for introduction
and storage of their materials and equipment and performance of their activities and shall connect and cODrdinate the
Design/Builder's construction and operations with theirs asrequired by the Contract Documents.
911.3.3 Costs caused by delays or by improperly timed activities or defective construction sball be borne by the
party responsible therefor.
AlA Document A191'" -1996 ParI 2, Copyrtght ~ 1985,1996 by The American Institute of Architects. All rights reserved. WARNING: This AlA'"
Oocume"lls protected by U.S. Copyright Law and InternaUonal Treatlt:Os. Unauthorized reproductIon or distribution olthi. AlA'" Document or any
portion of It. may res\lllln severe civil and criminal penaltiee, Bnd will be proeecuted 10 the maximum extent posalble under the law. This document
was produced by AlA softwara all1 :49:08 en 04/2812005 under Order Na.l000169381_1 which expira. an 3/17/2006, and Is nolforrase'e.
User Notes: (1415441747)
12
~ 11.4 CLAIMS FOR DAMAGES
~ 11.4.1 If either party to this Agreement suffers injury or damage to person or property because of an act or
omission of the other party, of any of tbe other party's employees or agents, or of otbers for whose acts such parry is
legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party
within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to
enable the other party to .investigate the matter. If a claim of additional cost or time related to this claim is to be
asserted. it shall be filed in writing.
911.5 INDEMNIFICATION
(Paragraph deleted)
~ 11.5.1.
To the fullest extent provided by law, Design/Builder shall indemnify, defend and hold harmless the Owner and all
of its officers, agents, and employees from all claims, Joss, damage, cost, charges or expense including, but not
limited to, reasonable attorneys' fees, to the extent cau.~ed by the negligence. recklessness or intentional wmngful
misconduct of DesignlBuilder, its agents, employees. or subcontractors during the performance of the
De.<rlgnIBuilder's Work. In claims against the Owner resulting from personal injury to employees of the
DesignlBuilder, those of its subcontractors or anyone directly or indirectly employed by them. DesignlBuilder's
indemnity obligations to Owner shall not be limited by any limitation on the amount or type of damages, benefits or
compensation payable by or for the DesignlBuilder under Workers' Compensation Acts, Disability Benefit Acts or
other employee be,nefit acts, and DesignIBuilder expressly waives any such statutory or constitutional immunity,
protection or limitation.
~ 11.6 SUCCESSORS AND ASSIGNS
~ 11.6.1 The Owner lmd DesignfBuilder, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement llIJd to the partners, successors and assigns of such other party
with respect to all covenants of this Agreement. Neither the Owner nor the Design/Builder shall assign this
Agreement without the written consent of the other. The Owner may assign this Agreement to any institutional
lender providing construction financing, and the Design/BuiJder agrees to execute all consents reasonably required
to facilitate such an assignment. If either parLy makes such an assignment, Lhat party shall nevertheless remain
legally responsible for all obligations under this Agreement, unless otberwise agreed by the other party,
911.7 TERMINATION OF PROFESSIONAL DESIGN SERVICES
~ 11.7,1 Prior to termination of the services of the Architect or any other design professional designated in this
Agreement, the PesignlBuilder shall identify to the Owner in writing another architect or other design professional
wiLh respect to whom the Owner has no reasonable objection, who will provide the services originally to have been
provided by the Architect or other design professional whose services are being terminated.
911.8 EXTENT OF AGREEMENT
911.8.1 This Agreement represents tbe entire agreement between the Owner and the Design/Builder and supersedes
prior negotiations, representations or agreement.~, either written or oral. This Agreement may be amended only by
written instrument and signed by both the Ownel' lInd the Design/Builder.
ARTICLE 12 TERMINATION OF THE AGREEMENT
~ 12.1 TERMINATION BYTHE OWNER FOR CONVENIENCE
912.1.1 This Agreement may be terminated by the Owner without cause and solely for the Owner's convenience
upon 14 days' written notice to the Design/Builder. If such termination for convenience occurs, the Owner shall pay
the Design/Builder for Work completed and for proven expenses Sllstained by reason of such tennination.
DesignlBuilder shall not be entitled to recover unrealized profits on Work not performed.
912,1.2 If the DesignfBuilder defaults oTpersistently fails or neglects to carry out the Work in nccordance with the
Contract Documents or fails to perform the provisions of this Agreement, the Owner may give written notice that the
Owner intends to temunate this Agreement. If the Design/Builder fails to correct the defaults, failure or neglect
within seven (7) days after being given notice, the Owner may then give a second written notice and, after an
additional seven (7) days, the Owner may without prejudice to any other remedy terminnte the employment of the
AlA Document A19,'" -1996 Pari 2. COPyrlllhl.C 1965.1996 by The American Instllula 01 Archhecl6. Allrlgh1s reserved. WARNING: This AlA'"
Document Is protected by U.S. copyrIght Law and International Treaties. Unauthorl2ed reproduotlon or distribution of this AlA'" Oocumer.l, Or any
porllan 01 It, may reaullln severe civil and criminal penalties, and will be proseculed 10 the maximum axtent po..slble undll' the law. This document
was produced by AlA so~ware alll :49:08 on 04/28/2005 under Order No, 1 000169381_1 which expires on 3/17/2006. and is not lor resale.
User NOles: (1415441747)
13
Design/Buj]der and take possession of the site and of 1I11 materials, equipment. tools and construction equipment and
machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem
expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages
incurred by the Owner, such excess shall be paid to the DesignlBuiIder. If the expense of completing the Work IInd
all damages incurred by the Owncr exceeds the unpaid balance. the Dcsign/Buildcr shall pay the difference to the
Owner. This obligation for payment shall survive termination of this Agreement.
~ 12.2 TERMINATION BYTHE DESIGNlBUllDER
~ 12.2.1 If the Owner fails to make payment when due, the Design/Builder may give written notice of the Design/
Builder's intention (0 terminate this Agreement. If the Design/Builder fails to receive payment within seven (7) days
after receipt of such notice by thc Owner. the Design/Builder may give a second written notice and, seven (7) days
after receipt of such second written nOlice by the Owner, may tenninate thls Agreement and recover from the Owner
payment for Work executed and for proven los.qes sustained upon materials, equipment, tools, and construction
equipment and machinery, including reasonable profit and applicable damages.
ARTICLE 13 BASIS OF COMPENSATION
The Owner shall compensate ~le DesignlBuilder in accordance with Article 5, Payments, and the other provisions of
this Agreement as described below.
~ 13,1 COMPENSATION
913.1.1 For the DesignIBuilder's performance of the Work, as described in Section 3,2 and inclUding any other
services listed in Article 14 as part of Basic Services, the Owner shall pay the DesignfBuilder in current funds the
Contract Sum as follows:
(Paragraphr deleted)
FrYE HUNDRED FORTY-NINE TIIOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS ($549,539.00)
I (Paragraphs deleted)
I
ARTICLE 14 OTHER CONDITIONS AND SERVICES
fi 14.1 The Basic Services to be perfonned shall be commenced on Owner's issuance of notice to proceed and
execution of this Agreement and, subjeclto authorized adjustments and to delays not caused by the DesignlBuilder,
Substantial Completion sball be achieved in the Contract Time of 180 calendar days.
~ 14.2 The Desigl1/Builder shall submit an Application for Payment on the 25th day of each month. Amounts
certified as payable by the Owner shall be paid no later than 15th day of the following month.
~ 14,3 The Design/Builder's Proposal includes the following documents:
(Paragraph deleted)
Design-Build Criteria (January 2005)
(Paragraph deleted)
aid Form (March 3, 2005)
AlA Documerlt A191lJl-1996 ParI 2. Copyright @ 1985,1996 by The Americen Instltule 01 Architects. All rights reserved. WARNING: This AlA"
Document Is protected by U.S. Copyright Law and IntarnaHonel Treaties. Unaulhariked reproduclion or disltibulion III this AIA* Documant, or any 14
portIon olll, mey rs&ull in severo civil and Clfmlnal panal1lcs, and will be proeecuted to the maximum ex1ent possible under the law. This dOaumool
was produced by AlA software at 11 :49:08 on 04/2812005 under Order No.l00QI69381_1 which expires on 3/1712006. and Is not for resale.
Use. Notes: (1415441747)
Performance and Payment Bonds
ARTICLE 15 LIQUIDATED DAMAGES
~ 15.1 The DesignlBuilder acknowledges that the Owner will incur damage if the Work is not completed within the
agreement time in all amount that is impracticllble to calculate, Therefore. the parties agree and acknowledge that
tbe DesignfBuilder, IlIld its surety. if any, shall be liable for and shall pay the Owner the sum of $500.00 as
liquidated damages, and not penalty. for each calendar day of delay, until the Work is substantially completed. If
after substantial completion, the project is not finally completed in accordance with the requirements of the contraCt
documents, the Dcsign/BuiJdcr' shall pay to the Owner 8li liquidated damages, and not as penalty, for such delay, the
sum of .$250.00 per calendar day until the project reaches final completion. These liquidated damages shall be
payable in addition to any additional expenses, costs or damages payable by the DesignIBuilder to the Owner under
the contract documents, for reasons other than late completion, and shall not exclude recovery by the Owner of
damages for reasons other than delay or late completion.
This Agreement entered into as of the day and year first written above.
OWNER
FOR USE AND REUANCE ONLY BY THE CITY OF
oeOEE, FLORIDA;f\1PROVED At!/) FORM AND
LEGALITY TIllS -f::;)- DA Y OF f\ ( ,
2005 .
APPROVED BY THE OCOEE crny ~
AT A MEETING HELD ON LI <-I
2005 UDNER AGENDA ITEM NO,
By:
j €/f t.1f
Lr 5'.J.J1~9Pt'l
AlA Document A191™ -1996 Pat12, Copyright @ 1985. 1996 by The American InsliMe 01 Archllecls. All rights reserved, WARNING: This AlA"
Dot:lumenl is prolected by U.S. copyright Law and Inlt:matlonal Treaties. Unsulhori%ed reproduction or distribution of Ihls AlA" Document, Or any 15
portion 0111, may result In S8Vl're civil and criminal penal1ll!ll, Rnd will be proseouted to Ih8 maximum enenl possible under the law. This documenl
was produced by AlA software aliI :49:09 on 04/2912005 under Order No.l000169381_1 which expires on $117/2006, and Is nol lor r8sala.
User Notes: (1415441747)
From: Deborah M Martin AAI At: Bouchard Insurance FaxlD: Bouchard Insurance To: Kathy Muise
Date: 5/1212005 09:04 AM Page: 2 of 4
ACORD", CERTIFICA TE OF LIABILITY INSURANCE OP ID D81 DATE (MMlDDNYYY)
SOU'l'HOC 05/12/05'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bouchard - Kissimmee HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
222 Church street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kissimmee FL 34741
phone: 407-847-2841 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Southern OWners :rn.uranclII Co 10190
INSURER B: Aut.o-owners Insurance Company 18988
Southern Bui~din~ serviies Inc INSURER c:
---
1165 East Plant treet 9 INSURER D:
Winter Garden FL 34787
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF IWY CONTRACT OR OTI-lER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
"L~~ 'Ns~r Tl'PE OF INSURANCE POLICY NUMBER DATE (MMIDDIYV) DATE (MMlDDIYV) LIMITS
~ERAL LIABILITI' EACH OCCURRENCE $1,000 ,OO.~
A X ~ COMMERCIAL GENERAL LIABILITY 2065070604 06/01/04 OS/01/05 .",," ,,'u $100,000
:=J CLAIMS MADE ~ OCCUR PREMISES (Ea occurenee)
- MED EXP (Anyone person) $10,000
PERSONAL & I>DV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
I n PRO- nLOC
POLICY JECT
AUTOMOBILE L1ABILITI' COMBINED SINGLE LIMIT
- $1,000,000
B ~ />NY AurO 4184589402 06/01/04 06/01/05 (Ea accldenl)
ALL OWNED AurOS BODILY INJURY
e-- $
SCHEDULED AUTOS (Per person)
'--
~ HIRED AUTOS BODIL Y INJURY
$
~ NON-OWNED AUTOS (Par accidentl
_.
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R />NY AUTO On-lER THAN EA ACe $
AUTO ONL Y AGG $
EXCESS/UMBRELLA L1ABILlTI' EACH OCCURRENCE $2,000,000
A X ~ OCCUR o CLAIMS MADE 4184589401 06/01/04 06/01/05 AGGREGATE $
$
.-..
8 DEDUCTIBLE $
X RETENTION $10,000 $
WDRKERS COMPENSATION AND X IT~\,[IC;I'.f's I IU~~
A EMPLOYERS' L1ABILlTI' 20653403 06/01/04 06/01/05 EL EACH ACCIDENT $500,000
!>NY PROPRIETORlPARTNERiEXECUTlVE _.,',-
OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000
If yes. describe under EL DISEASE - POLICY LIMIT $500,000
SF'ECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*10 Day notice for Non-pay. Certificate holder is an additional insured with
regards to General Liability per company for.mCG55202. General Liab includes
Waiver of Subrogation,
See holder notes for additional information
OCOEE C
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE n-lE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATNES.
AUTHORIZED RESENTAll
@ACORD CORPORATION 1988
CERTIFICATE HOLDER
City of Ocoee
150 N Lakeshore Drive
Ocoee FL 34761
ACORD 25 (2001f08)
From: Deborah M Martin AAI At: Bouchard Insurance FaxlD: Bouchard Insurance To: Kathy Muise
Date: 5/1212005 09:04 AM Page: 3 of 4
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
From: Deborah M Martin AAI At: Bouchard Insurance FaxID: Bouchard Insurance To: Kathy Muise
Date: 5/1212005 09:04 AM Page: 4 of 4
GENE~ LIABILITY
Additional Insd endt CG55202 exc1udes products and comp1eted operations.
Insured can buy back by adding add1 insd endt CG55205.
contractors protective Liabi1ity is inc1uded within the General Liabi1ity
but if the owner of the project requires a policy in their narne, the
coverage may be available with 1imits of $1000000 occurrence/$2000000
aggregate.
UMBRELLA
Waiver of subrogation is not available on the umbre1la
Additional Interest- fo110ws for.m from the Genera1 Liabi1ity
Employers Liability is inc1uded.
COMMERCIAL AUTO
Comprehensive liability is provided by for.m 79547
Waiver of subrogation is not avai1ab1e on the automobi1e p01icy
Additional Insured endorsement is not avai1ab1e on the automobi1e po1icy
except for Lien HOlders/LeaSorS
WORKERS COMPENSATION
Waiver of SUbrogation maybe added- questionnaire has to be camp1eted for
approva1 and charges wi11 accrue. SChedu1ed- $50 per entity narned.
Blanket- 3% of the total premium subject to a minimum premium of $200.
Limits are $500/$500/$500
SOUTHERN BUILDING SERVICES, INC. LETTER OF TRANS MITT AL
1165 E. PLANT STREET SUITE 9
Winter Garden, FL 34787
.IJOb Name: Design Build Services-Dcoee
PH (407) 877-1108 Fax (407) 877-7188 DATE: 06/09/05 Senior CitizensNeterans Center
ATTN: Joyce Tolbert
PHONElFAX #: 407-905-3100
TO City of Deoee RE: Bond
150 N. Lakeshore Driye
Dcoee, FL 34761
WE ARE SENDING YOU X ATTACHED - UNDER SEPARATE COVER Via: }dlItt D r?JJ ~ 0 If
SHOP DRAWINGS PRINTS - CONTRACT SPECIFICATIONS
- - -
- COPY OF LETTER - CHANGE ORDER - PAYMENT SUBMITIALS
-
COPIES DATE NO. DESCRIPTION
1 06/09/05 Bond of above mentioned project
THESE ARE TRANSMITTED AS CHECKED BELOW:
FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL
- - - -
FOR YOUR USE APPROVED AS NOTED SUBMIT COPIES FOR DISTRJBUTION
- - - -
AS REQUESTED RETURNED FOR CORRECTIONS RETURN CORRECrBD COPIES
- - - -
FOR REVIEW & COMMENT FOR BIDS DUE al
- -
REMARKS
Please call if you have any questions.
Thank You,
Tim
COpy TO: File
SIGNED: Tim Alderman
Public Work
F~S~ Chapter 25S~05 (1)(a)
Cover Page
CONTRACTOR NAME:
2052977
Southern Building Services, Inc.
BOND NO.:
CONTRACTOR ADDRESS:
1165 E. Plant Street, Suite 9
Winter Garden, FL 34787
CONTRACTOR PHONE NO.:
(407) 877-1108
North American Specialty Insurance Company
SURETY COMPANY:
650 Elm Street
Manchester, NH, 03101-2524
SURETY COMPANY PHONE NO.:
(603) 644-6600
City of Ocoee
OWNER NAME:
OWNER ADDRESS:
150 N. Lakeshore Drive
OWNER PHONE NO.:
Ocoee, FL 34761-2258
(407) 905-3100
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$ $549.539.00/$549.539.00
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK.:
Design BuDd Services for the Ocoee Senior CitizensNeterans
Service Center, RFP 05-002
1701 Adair Street. Ocoee. FL 34761
PROJECT LOCATION:
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
t
BOND NO.:
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
CONTRACTOR PHONE NO.:
SURETY COMPANY:
SURETY COMPANY PHONE NO.:
OWNER NAME:
OWNER ADDRESS:
OWNER PHONE NO.:
OBLIGEE NAME: (rfcontracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
CONTRACT NO.: (If applicable)
DESCRlPTION OF WORK.:
PROJECT LOCATION:
LEGAL DESCRlPTION:
(If applicable)
Public Work
F.S. Chapter 255.05 (l)(a)
Cover Page
2052977
Southern Building Services, Inc.
1165 E. Plant Street. Suite 9
Winter Garden, FL 34787
(407) 877"1108
North American Specialty Insurance Company
650 Elm Street
Manchester, NH, 03101-2524
(603) 644-6600
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761.2258
(407) 905-3100
$ $549.539.00/$549.539.00
Design Build Services for the Ocoee Senior Citizens/Veterans
Service Center, RFP 05-002
1701 Adair Street. Ocoee. FL 34761
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
FRONT PAGE
THIS llOND COMPLIES WITH 'TIlE TERRORISM
RISK INSURANCE ACT OF 2002 (TRIA).
PUBLIC WORK. F. S. CIIAP'.rnR 255.05 (l)'(A)
COVER PAGE FORMS AND BECOMES A PAIn OF
THIS BOND.
llOND NO. 2052977
EXECOTED IN 2 COUNTERPARTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that Southern Building Services,
. . , I") d NORTH AMERICAN SPECIALTY t'
Inc., (heremafter referred to as "PnnClpa , an INSURANCE COMPANY , a corpora IOn
organized under the laws of the State of NEW HAMPSHIRE and licensed to do business in the
State of Florida, (hereinafter referred to as "Surety"), are held and firmly bound unto the City of
Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of FIVE
HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS
($549,539.00), for the payment of which sum well and truly made, Principal and Surety bind
themselves, their heirs, personal representatives, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Principal has by written agreement dated "^ PI \/ ) 21 zoa-?entered
into a contract, (hereinafter referred to as the "Contract") with Obligee, for the construction of
improvements for the following Project Ocoee SeniorNeteran Center (hereinafter referred to as
the "Project") in accordance with the Design Build Criteria prepared by the City ofOcoee Public
Works Department dated January 2005; and
WHEREAS, under the terms of the Contract, Principal is permitted or required to
complete the improvements to the above-described property in accordance with the Plans and
Specifications and the requirements of the Contract, and is also required to provide a bond
guaranteeing the faithful performance of the Contract by the Principal or such replacement
contractors as Principal may employ; and
NOW, THEREFORE, the condition of this obligation is such that if Principal
shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of
said Contract including, but not limited to, the making of payments to persons or entities
providing labor, materials or services to Principal under the Contract, within the time provided
therein, and any extensions thereof that may be granted by the Obligee, and also during the life of
any warranty or guaranty required under said Contract, and shall also well and truly perform all
the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized
modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify
and save harmless the said Obligee of and from any and all loss, damage and expense, or from
any breach or default by Principal under the Contract, including, but not limited to, damages
caused by delays in performance of the Principal, expenses, costs and attorneys' fees, including
appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the
Principal to perform the Work identified by the Contract, then this obligation shall be null and
void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under
this Performance Bond,
The Surety's obligations hereunder shall be direct and immediate and not
conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall
remain in full force and effect notwithstanding (i) amendments or modifications to the Contract
or the Contract entered into by Obligee and Principal without the Surety's knowledge or consent;
(ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal
or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of
Principal from its obligations under the Contract as a result of any proceeding initiated under The
Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or
any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv)
any other action taken by Obligee or Principal that would, in the absence of this clause, result in
the release or discharge by operation of law of the Surety from its obligations hereunder.
In the event that the Surety fails to fulfill its obligations under this Performance
Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial
and appellate proceedings; resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This paragraph shall survive the termination or cancellation of this
Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal
Sum ofthis bond.
Any changes in or under the Contract or the Contract and compliance or
noncompliance with any formalities connected with the Contract or the Contract or the changes
therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of
any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond
shall increase or decrease in accordance with approved changes or other modifications to the
Contract.
The said Principal and the said Surety agree that this bond shall inure to the
benefit of all persons supplying labor and material in the prosecution of the work provided for in
the said subcontract, as well as to the Obligee, and that such persons may maintain independent
actions upon this bond in their own names.
... IN WITNESS WHEREOF, t~ Principal and Surety have executed this
instrument under their several seals on the I crT dayof'M~" ,2005, the name and
corporate seal of each corporate party being hereto affixe~ts fully signed by its
undersigned representative, pursuant to the authority of its governing body.
Signed, sealed and delivered
in the presence of:
~~ll2M:, {'f\ fYj uC9-t
\ .
/-J~ ~~y: .
TItle
SERVICES, INC.
(SEAL)
.1 .
-2-
~~~
NORTH AMERICAN SPECIALTY
INSURANCE COMPANY
Surety
~~ C{)aA)Sr--J
W N, WITNESS
By: IfatU Yi. (Jird.. L (SEAL)
Title: KATIE N. BIRD. ATI'ORNEY-IN-FACT
-6 tJvtiL n. fuA~
(Countersigned by Florida Registered Agent)
KATIE N. BIRD, FLORIDA LICENSED RESIDENT AGENT
INQUIRIES: (407) 834-0022
NOTE:IfPrincipal and Surety are corporations, the respective corporate seals shall be
affixed and attached.
Surety shall execute and attach a certified copy of Power of Attorney Appointing
Individual Attorney-In-Fact for execution of Performance Bond on behalf of
Surety.
~3-
.1
THIS BOND COMPLIES WITH THE L_$ORISM
RISK INSURANCE ACT OF 2002 (TRIA).
pIli ,WORK F.S. CHAPTER 255.05 (1)(A)
COVER PAGE FORMS AND BECOMES A PART OF
THIS BOND.
BOND NO. 2052971 St t t P.. t B d
a u ory aymen on
EXECDTED IN 2 COUNTERPARTS
Pursuant to Florida Statutes, 255.05, et seq.
KNOW ALL MEN BY THESE PRESENTS, THAT SOUTHERN BUILDING SERVICES,
IN C. NOlITIl AMERICAN SPECIALTY
(hereinafter called the "Principal"), as Principal and INSURANCE COMPANY , a corporation
organized and existing under the laws of the State of NEW HAMPSHIRE hereinafter called
the "Surety"), as Surety, are held and firmly bound unto The City of Ocoee, Florida, (hereinafter
called the "Obligee"), in the sum of FIVE HUNDRED FORTY-NINE THOUSAND FIVE
HUNDRED THIRTY-NINE DOLLARS ($549,539.00) for the payment of which sum well and
truly to be made the said Principal and Surety bind themselves, and their respective heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
~EREAS, the Principal has entered into a writt~n Contract with :he Obligee dated fY'J~" ~
, 2005 to perform, as. Contractor III accordance WIth the Contract and Contrac
Documents, which Contract and Contract Documents are hereby referred to and all obligation of
Principal thereunder made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall promptly make payment to all person supplying (a) labor, materials, services,
insurance, supplies, machinery, equipment, rentals, fuels, oils, implements, tools, appliances, and
any other items of whatever nature, furnished for, used, or consumed in the prosecution of the
work provided for in said Contract and any and all modifications of said Contract whether or not
permanently incorporated in said work, (b) pension welfare, vacation and other supplemental
employee benefit contributions payable under collective bargaining agreements with respect to
person employed upon. said work, .and (c) federal, state, and local taxes, and contributions
required by law to be withheld or paid with respect to the employment of person upon said work
that may hereafter be made, then this obligation shall be null and void; otherwise it shall-remain
in full force and effect.
The .said Surety agrees that no change, extension of time, alteration, addition, omission,
or other modification of the terms of the Contract, or in the said work to be performed, or in the
specifications, or in the plans, shall in anywise affect its obligation on this Bond, and it does
hereby waive notice of any such changes, extensions of time, alterations, additions, omissions,
and other modifications.
The said Principal and the said Surety agree that this Bond shall inure to the benefit of all
person supplying labor and material in the prosecution of the work provided for in said Contract,
as well as to the Obligee, and that such persons may maintain independent action upon this Bond
in their own names.
The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein
by reference and made a part of this payment bond.
IN WITNESS WHERROF, the above bounden parties have executed this instrument
under their several seals this l'lflray of _M~Y ',2005, the name and corporate seal of each
corporate party belllg hereto affixed and these presents dUlY signed by its undersigned
representative, pursuant to authority of its goveming body. .
SOUTHERN BUILDING SERVICES, INC.
(Principal)
~s~
(SeN!
, lf~~~ Pfldsl4Q'tJf
. e)
_.
w-t
Witne s or Secretary's Attestation
(Signature)
Witness:
(Seal)
KATHY CLAWSON, WITNESS
(Surety)
KATIE N. BIRD, ATTORNEY-IN-FACT & FLORIDA LICENSED
RESIDENT AGENT
By
K ~ ~am~ Title)
~ 71. A cJ.:-
(Signature)
* Attach Power-Of-Attorney
INQUIRIES: (407) 834-0022
Bond No.: 2052977
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
ENDORSEMENT
Coverage for acts of terrorism as defined in S 102(1) of the Terrorism Risk Insurance
Act of 2002 ("the Act") is already included in this surety bond. You should know that,
effective November 26,2002, under your existing coverage, any losses caused by
certified acts of terrorism would be partially reimbursed by the United States under a
formula established'by federal law. Under this formula, the United States pays 90%
of covered terrorism losses exceeding the statutorily established deductible paid by
the insurance company providing the coverage. The portion of your annual premium
that is attributable to coverage for acts of terrorism is ~.
As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk
Insurance Act of 2002.
For questions regarding this notice please visit our website www.nassuretV.com or you may call our
office at Q30-227 -4825.
REV: 2/03 agent notice
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International
Insurance Company. a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
J. W. Guignard, Bryce R. Guignard, M. Gary Francis, Paul L. Ciambriello,
April L. Lively, Jennifer McCarta, Brett Ragland, Margie Morris and Katie N. Bird
jointly or severally
Its true and lawful Attorney(s)-in-Fact. to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or othelWise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TEN MILLION (10.000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000: .
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached:'
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~ G~UTY "',!~ t/ 4 "~<l~~' /11,.>',
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Iii o;;..<:.b\\POII~x',<1.>~ By '. l~-r ....'.!!;~
fit:;.. ~...."", _ ".... ,"".",
~ d i SEAL \ ~ ~ Paul D. Amslutz, President &. ChlefE.e.ua.e Olli.er ofWoshlngton Inlernntionallns."n.. C.mpnny & ! I: {CORPORAlE I ~ ~
;;;~~:~ 1973 [qimS; VleeP""lden'.fNorthAmerlennSpedaltylnsuraneeCompany :~:P\ SElll 1 g:
~ '. ~'f)'" ~ie. .ij;::
~ ". L "+"'f,/Ofif ~ ',"II! . AIl11llllA .~,'ii,~
~ 1:' !;AM'f'-g" ~ ~ k.~.. ~ ~.... ,..
~.';'~"''''''~''4 ~ ~:"'" ~.t""\.T'...$
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By
Steven P. Anderson, Executive Vh:e President of Was bing ton Internationallnsuranee Company &
Vice Presideot oCNorth AMerican Spedalty Insurance CompaDY
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this -.!L day of May , 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County ofDu Page
ss:
On this ~ day of May, 20~, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OfI'fQ"UI!o\L
_"""ya.
PfOl/tIttPUlkJC.-If'Al'f"OIl M.lJHC<<$
=M'r'~QMU:""'Ud
~ a-o?~
Yasmin A. Patel, Notary Public
I, James A. Carpenter ,the duly elected Assistant Secretarv of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day of
,20_.
~'i4:/3~
James A. Carpenter, Vice President &. Assistnnt Secretary of Washington International Insurance Company &
Assistant Secretary of North American Specialty Insurance Company
Copy of Public Hearing Advertisement
Date Published
l
Qrlando Sentinel
-..;
THURSDAY, FEBRUARY 9. 2006 G7
.1 .
Advertisement
NOJ:CE BY THE em
OF OCOEE
OF, INTENT TO USE
THE UNIFORM
AD VALOREM METHOO
OF J:QUECTlON
OF A NON-AD VALOREM
AS,SESSMENT
~~~~;~s ~;rT~~J'~vT~igt~~ (I :
within the boundaries of the
Citv of Ocoee tllotthe Citv
. of Ocoee intends to use the
uniform ad valorem method
for collecting the non-ad va-
lorem assessments levied
bv the Citv of Ocoee os set
forth irl. Section 197.3632.
Florida Statutes. and that
the Citv Commission will
hold 0 pubtic hearing on
February 21. 2006, at.7:15
,,;m., or os soon there. after
las may be heard, in the
Commission . Chambers,
P5~0~.C ir~lkHe~~o~~Ca6~? v~~
Ocoee, Florida 34761.
The pur"ose of the public
hearing is to consider the
adoption ofa Resolution au-
thorizing the Citv of Ocoee
to use the uniform ad valo-
rem method of collecting
non-ad valorem assess-
ments levied bv the Citv of
Ocoee os provided in Sec-
tion 197.3632, Florida Stat-
utes.
The Citv of Ocoee is consid-
ering adopting 0 non-ad va-
lorem assessment .for 2006
and subsequent vears for
residential solid waste col-
lection service fees and
charges ana stormwoter
utilitv fees.
This non-ad volorem'ossess-
ment is levied for the fi rst
time.
I nterested parties mav ap-
pear at the public hearing to
be heard regarding the Use
of \he uniform ad valorem
method of collecting such
non-ad valorem assess-
ments. .
If anv person decides to ap-
peal anv decision made with
respect to anv matter con-
sidered at this public hear-
ing such person will need 0
record of proceedings and
for such purpose such per-
son mav need to ensure that
o verbatim record of the
proceedings is mode at their
own expense and which re-
cord includes the testimonv
and evidence on which the
appeal is based. Persons
with disabilities needing as-
sistance to participate in the
public discussion should
contact the Citv Clerk's of-
fice 48 hours in advance of
the meeting at
(407) 905-3100,
extension 1023.
CITY OF OCOEE
Beth Eikenberrv, CMC
Citv Clerk
COR6576583 JAN.19,26,2006
FEB. 2,9,2006
Dtnllt~T I:nD ""....-