PERMITTING-CONSTRUCTION-CODE INSPECTION FOR CLEARWATER MAIN LIBRARY
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DEPARTMENT OF MAN4(;EMENT-' .. ..., S P 0 6 2001 /
SERVI CESCONST
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BUILDING CONSTRUCTlamJ
PUBLIC
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AGREEMENT BETWEEN OWNER AND CONSTRUCT16N MANAGER
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PROJ~CT NO:
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STATE MV.OESIGNATION:
PROJECT NAME AND LOCATION:
CONSTRUCTION MANAGER:
ARCHITECT-ENGINEER:
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COC-97075010
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Clearwater Main Library
Clearwater, Florida
RVICES OEPA T
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Turner Construction Company
A New York Corporation Licensed To Do Business In Florida
500 North Westshore Boulevard, Suite 620
Tampa, Florida 33609
813-287-9420, FAX 813-287-9423
Harvard Jolly Clees Toppe, Architects, P.A.
2714 Ninth Street North
St. Petersburg, Florida 33704
813-896-4611, e-mail: toppe@hjct.com
Jeb Blish
Governor
Cynthia Henderson
Secretary
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ARTICLE
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TABLE OF CONTENTS
DESCRIPTION
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT .........................................~...
The Construction Team...................... .......................... ............. ..........,..............................................
Extent of Agreement........ .................................................. .......................................,..... ...................
Definitions.............. ...........................................................................................................................
Owner's Construction Budget ...... ......... ........ ..... ....... .... ..................... .... ........... ......... ............ ..... .......
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2.0.0 CONSTRUCTION MANAGER'S SERVICES ................................................................................. 2
2.1.0 Project Management Information System (PMIS)............................................................................. 2
2.1.1 General...... ........................................... ... ...... ...................................... ...... ... ..... ................................. 2
2.1.2 Narrative Reporting Subsystem .......................................................................:................................. 3
2.1.3 Scheduled Control Subsystem ...........................................~..................................,............................. 3
2.1.4 Cost Control Subsystem................. .................. ...................................... .,. ......................................... 4
2.1.5 Project Accounting Subsystem .......................................................................................................... 5
2.2.0 Project J\iIanual.... ........ ......... .......................................... .......... ............................ ~'.. ............... ............ 5
2.3.0 Design Review And Recommendations ............................................................................................ 6
2.4.0 Construction Phase......................................................... ....................................................... ............. 8
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3.0.0'~ OWNER'S RESPONSIBILITIES ...................................................................................................... 13
3.1.0) Owner's Information ....,.... ................................................................ ......... ............. ............................ 13
3.2.0 "" 'Q..."'(ner's Representative................ .......... ........... ......... .... ..... ..... ................. ..... ............. ....... ................ 13
3.3.0 '.,Architect And Engineer's Agreement ................................................................................................ 13
3.4.0 Site Survey And Reports ................................................................................................. ................... 13
3.5.0 Appro1(.als And Easements .... ............... :.......... ... ...... ...... ............. ....................................................... 13
3.6.0 Legal Servi::es........... '. ........ ......... ................. ...... ............... ..................................... .................. ......... 13
3.7.0 Drawings And Specifications.............. ...................................................... ..... .................................... 13
3.8.0 Cost Of Surveys And Reports .............. ............................................... ...:.................... ....................... 14
3.9.0 Project Fault Defects... ................. .......... .............. ........... .......... ......................... ................................ 14
3.10.0 Funding........ ............................... .......................... ........... ................................................................... 14
3.11.0 Lines Of Communication................................................................................................................... 14
3.12.0 Lines Of Authority..................... ........... ........ ......:............................ .................. ......... ....................... 14
3.13.0 Permitting & Code Inspections .......................................................................................................... 14
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PERMITTING AND INSPECTION .......................................................................... .................... ....
Building Permits.......... ........... ............................. ......... ..... ....... ....................... ..... .:...........................
Code Inspections... ................................ ..... .............. ............................................ :.......... ...................
SUBCONTRACTS ....... ...................:. .................,........................:................................ ..................:....
Definition..................................................... .............. ...... ..................................................................
Proposals............................ ............................ ..... ............... ................................................................
Required Subcontractors' Qualifications And Subcontract Conditions .............................................
Subcon tractual Relations............................... .................. ..................................................................
Su bcontractual Req uiremen ts ....................................... ..... ....................,..,.................,......................
Responsibilities For Acts And Omissions........................................,........................,.........................
Subcontracts To Be Provided....... ......... .......:........... ..... ............. ................ ..... .....:...... ..... ...... ......, .....
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION .................
Project Substantial Completion Date, Project Final Completion Date
And Owner Occupancy Date ................ ............ ............................... ..... ... ..... .......... .... ..... ............ ......
O\vner Occupancy And \Varranties ...................................................................................................
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION ....................................................~.
Guaranteed Maximum Price (GMP) Proposal...................................................................................
G MP Taxes.........................,'........................................................................................................... ...
Adjustments In Contingency Contained Within GMP.......................................................................
Use Of Contingency Contained Within GMP.......,............................,.....,...........,....,........................
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DESCRIPTION
CONSTRUCTION MANAG ER'S FEE ....... ..................... ................... .......... ........... ..... ....................
Fee....................................................................................................................................................~.
Preconstruction Phase Fee... ..............................................................................................................
Construction Phase Fee....... ..,................. ........ ....... ................................................................. ............
Overhead And Profit For Construction Phase..............................................;.....................................
COST OF THE PROJECT ............ ......... ........................................... ... ...... ............... ....... ..... .............
Definition............................................................................................................................. ..............
Direct Cost Items........ .......................................................................................................................
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10.0.0 CHANGE IN THE PROJECT ..............,.......................................................................................,...... 20
10.1.0 Change Orders ............................;....,................................................................................................. 20
10.1.1 Change Order Definition.................................................................................................................... 20
10.1.2 Acceptable Ways Of Determining Increases Or Decrease
, In The GMP On Change Orders ........................................................................................................ 20
10'. /.3. Itemized Accounting On Change Orders ............................................................;.............................. 20
10. i ..t\; Adjustments In l!~it Prices & GMP Due To Inequitable Quantity Changes ..................................... 20
10.1.5 , ' Concealed ConditIOns ........................................................................................................................ 20
10.2.0 " Claims For Additional Cost Or Time................................................................................................. 20
10.3.0 \.1'vli...l\l?r Changes In The Project ........................................................................................................... 21
I 0.4.0 ~mergencies ................................... ........ ............................. ........... .... ... ......................... .................... 21
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DISCOVNTS AND PENALTIES ....................................................,................................................
Discounts And Penalties .... ............ ............... ............. .... ....... ...... ......'... ......... ................ '...................
PAYMENTS TO THE CONSTRUCTION MANAGER ..................................................................
Month ly Payments................ ........................ .....................................................................................
Final Payment.................... ............................................ ....................................... .............................
Payments To Subcontractors......................... .... ............. .............. ................ ..................... ..... ............
Delayed Payments By Owner.. ............. ...... ......... .~...................... ............................. .......... .......... .....
Payments For Materials And Equipment ...........................................................................................
Withholding Payments To Subcontractors .......................................... ..... ........ ........ ...................... ...
INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION .................................................
Indemnity................................................................................................................. .............................
Construction Manager's Insurance .......................................... ...... ..... ......... ........ ........... .... ........... .......
Waiver Of Subrogation...........................,...... ."...........................................;......,........,....... .'..,................'
Damages Caused By Perils Covered By Insurance ..............................................................................
Loss Or Damage To Equipment Covered By Insurance.......................................................................
Property And Consequential Loss Policies ................................................... ....... ............ ... ..................
Endorsement Of Po licies ................. ................................. ................................... ...................... ...........
TERMINA nON OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM
CONSTRUCTION MANAGER'S OBLIGATION .................................................:............................
Termination By The Construction Manager....................................................................................,.....
Owner's Right To Perform Construction Manager's Obligations And Termination
By Owner For Cause ....... ....... ....... ........... ..... ;......... ....... ... ........ ............ .... .... ............... .......... ....... .......
Termination By Owner Without Cause ........................................................................,.......................
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15.0.0 ASSIGNMENT AND GOVERNING LA W ,........,..............................................................................' 25
15.1,0 Assignment Consent ..................................................,...................................,...................................... 25
15.2.0 Governing Laws ..........,........,......................................................,........................................................ 25
16.0.0 NOTICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAy........................... 25
16.1.0 Governing Provisions ........,.................................................................................................................. 25
16.2.0 \Vritten Determination Of Claim .......................................................................................................... 26
16.3.0 Exclusive Remedy For Delays.............................................................................................................. 26
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TABLE OF CONTENTS CONTINUED
ARTICLE
DESCRIPTION
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MISCELLANEOUS ......... ..... .... ........ .......................... ... ................... ..... ..... ............. ........ ............. ......~
Harmony........................................................................................................ .......................................
Apprentices.................... ................................................. .~'............................ ........................................
Invoices Submitted Under Article 9 ...................................,.................................................................
Construction Manager's Project Records .... ....... ...... ........................... ... .....' .................... ....................
Construction Manager's Payment Rights .................................... ................ ,....... .....,...... ... ............... ...
Minority Participation............................................ .............. .................................... .............................
Public Entity Crime Information Statement .........................................................................................
Discrimination; Denial Or Revocation For The Right To Transact Business With Public Entities...........
Unauthorized Aliens ...... ........ ........ .......... ..... ....... ..........., ............ .... ................ ..... ... .......... ....... ............
Electronic Mail Capabilities..... ........................ .......... ..... ...... ..... .................... ........ ........................ ......
Current Funding Limitations.............................. .................. ........ ........................................................
EXHIBIT
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A . .{:onstructlOn Team Asslgne RepresentatIves...................................................................................... 29
B '()wner's Construction Budget ......,........................................................................................................ 30
C ' Construction Manager's P~rsonnel ...................................................................................................... 31
o ~l!rQ..Q~ate of Substantial Completion................................................................................................... 32
E CQnstrilction Manager's Aftidavit of Contract Completion................................................................. 33
F State.Building Permit Appl ication.......... ........ ........... ...... ........... .... ...... ........ ................. ...... ...... .... ....... 35
G Construction Manager's Personnel To Be Assigned During Preconstruction Phase ........................... 36
H Constrnction Manager's Per Diem Staff For Time Extensions Per 8.1.2(1)(b) .........................:......... 37
I Construction Manager's Personnel To Be Assigned During Construction Off-Site ............................ 38
J Construction Manager's Personnel To Be Assigned During Construction On-Site............................. 39
K Certificate of Partial Payment............................. ... ..... ... ............... ..................... ...................... ............. 40
L Items To Be Submitted With General Construction Manager's Request For Final Payment ............... 42
M Contractor's Minority Business Enterprises Status Report Of Partial Payment ................................... 43
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FORM OF AGREEMENT
BETNEEN OWNER AND CONSTRUCTION MA~JAGER
THIS AGREEMENT made this ~ day of June in the year Two Thousand One by and between Building Constmctio
Department of Management Services, State of Florida, the Agent for the Owner, and
Turner Construction Company, A New York Corporation Licensed To Do Business In Florida
500 North Westshore Boulevard, Suite 620
Tampa, Florida 33609
PHONE: 813-287-9420, FAX 813-287-9423, FEDERAL TAX I.D. NUMBER: 13-1401980
hereinafter called the Construction Manager.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
The Construction Manager accepts the relationship of trust and confidence established between him and the O.vner by thi
Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect-Engineer i
furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and use his bes
efforts to.'complete the project in the best and soundest way and in the most expeditious and economical manner consistent witl
the interest 'of the Owner.
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1.1 Th;~onstruction Team The Construction Manager, the Owner and the Architect-Engineer, called the "Constructio
Team", shall work jointly during design and through final construction completion and shall be available thereafte
sho~ld additional services be required. The Architect-Engineer will provide leadership during the Preconstructiol
Phase\\Vith. .~upport from the Construction Manager and the Construction Manager shall provide leadership to th
Construction "Team on all matters re lating to construction.
The specific representatives of the Construction Team are shown in Exhibit A attached.
1.2 Extent of Agreement - This Agreement for "Project COC-97075010, Clearwater Main Library, Clearwater, Florida'
between the Owner and the Construction Manager supersedes any prior negotiations, representations or agreelnents,
When drawings, specifications and other descriptive documents defining the work to be included under a constructio
authorization are complete, they shall be identified in the construction authorization issued by the Project Director.
When drawings, specifications and other descriptive documents defining the work to be included in the guarantee
maximum price (GMP) are sufficiently complete, an Amendment to the Agreement shall be signed by the Owner an
Construction Manager, acknowledging the GMP amount and the drawings, specifications and other descriptiv
documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner, th
Construction Manager shall obtain three (3) sets of signed, sealed and dated drawings, specifications and othe
documents upon which the GMP is based from the Architect-Engineer, shall acknowledge on the face of eac
. document of each set that it is the set upon which he based his GMP and shall send one set of the documents to th
Owner's Contracts Administrator along with his GMP proposal, while keeping one set for himself and returning one se
to the Architect-Engineer. The GMP Proposal shall include the following sections:
Section One:
Section Two:
Section Three:
Section Four:
Section Five:
Section Six:
Section Seven:
Summary o/Work
GJ'vIP Price Summmy - To include Construction Authorization & Tax Savings
Scope Clarifications and Assumptions
Detailed Estimate
Bid Tabulations and Recommendations
Prcliminmy Construction Schedule
Contract Documents - Drawing List Clnd Specification /-ist
This Agreement shall not be sup~rseded by any provisions of the documents for construction and may be amended onl.
by written instrument signed by both Owner and Construction Manager.
1.3 Definitions:
Architect-Engineer - Harvard Jolly Clees Toppe. Archit~cts, P.A., 2714 Ninth Street North, St. Petersburg, Florid
33704,813-896-4611, e-mail: toppe@hjcLcom
Construction Authorization - The t~rm Construction Authorization shall mean a written work order based on a define
scope of work excluding Construction Managers fees as specified in Article 8, prepared by the Project Director an-
issl.led to the Construction Manager. Construction Authorizations shall be used prior to the date of the G~'il
Amendment and all work performed pursuant to Construction Authorizations shall be included in the GMP
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Construction Manager - : ;'urner Construction Company, A New York I ~orporation Licensed To Do Busin ess n
Florida, 500 North WestshCre Boulevard, Suite 620, Tampa, Florida 33609, J 13-287-9420, FAX 813-287-9423
Estimate - The Construction Manager's latest estimate of probable project construction cost.
Agent - The State of Florida, Department of Management Services, Building Construction, acting through its Secreta y
or those persons designated by the Secretary to act in his behalf, as Agent for the City of Clearwate-r pursuant tot e
Client agreement dated January 29, 2001. The entity that will occupy. use and own the project upon substanti I
completion is the City of Clearwater. The funds with which the compensation of the architects, engineers, Constnlction
Managers, etc. will be paid are under the control of the City of Clearwater, based on approval of each payment b '
Building Construction. All duties of Owner hereinafter shall be performed by Building Construction.
Owner - City of Clearwater
Owner's Representatives - The Project Director and his superiors or designees;
Permitting Authority - The City of Clearwater
Project - The Project is the total work to be performed under this Agreement. The Project consists of permittin ,
construction and code inspection for "Pro'ect Number COC-9707501O. Clearwater Main Librar , Clearwater, Florida"
. necessary to build the component patts of the project identified in Exhibit B.
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Pr~ct Director - The person designated by the Owner to provide direct interface with the Construction Manager wit 1
resp,ect to the Owner's responsibilities. (See Exhibit A)
1.4 Owneris...c.onstruction Budget: Owner's funds budgeted and requested for construction of the Project. The Owner'
Construction Budget is $14,532,915.00 identified in Exhibit B, including all Construction Manager fees, costs ofth
work and.ti)e Owner's and Construction Manager's construction and interface contingencies as defined in Articles 8 an
9. This acknowledgement of the Owner's budgeted funds is not to be construed as the Construction Manager'
Guaranteed Maximum Price. A Guaranteed Maximum Pr:ce will be offered by separate documentation as outl ined i
Article 7.
ARTICLE 2
CONSTRUCTION MANAGER'S SERVICES
The services which the Construction Manager shall provide include, but are not limited to, those described or specified herein.
The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excIudin
services not specifically mentioned.
2.1 PROJECT MANAGEMENT INFORMATION SYSTEM (PMIS)
2.1.1 General:
(I) Commencing immediately after contract award, the Construction Manager shall implement and shall utiliz
throughout the life of this Contract all subsystems of the Project Management Information System hereinafte'
referred to as PMIS.
(2) The reports, documents, and data to be provided shall represent an accurate assessment of the current status 0
the Project and of the work remaining to be accomplished and it shall provide a sound basis for identifyin
variances and problems and for making management decisions. It shall be prepared and furnished to the Owne
and the Architect-Engineer monthly and shall accompany each pay request.
(3) If requested by the Project Director, the Construction Manager shall conduct a comprehensive workshop i
Tallahassee for participants designated by the Project Director and additional seminars as required to provid
instruction. This workshop and the seminars shall facilitate each participant's and the Owner's representative'
use and understanding of PtvIIS; shall support, in-part, the function of organizing in concert with the Architect
Engineer for the design and construction of the Project; and shall establish, with the full concurrence of th
Owner and the Architect-Engineer, procedures for accomplishing the management control aspect of the Project.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrative Reporting. on a monthly basis,
(b) Schedule Control, on a month Iy basis,
(c) Cost Control, and estimating,
(d) Project Accounting,
(e) Accounting and Payment. and
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(t) Action Reports. .
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2.1.2 NARRATIVE REPORTING SUBSYSTEM
(1) The Construction Manager shall prepare written reports as described hereunder, No other PMIS narrati e
reports shall be required. A II reports shall be in 8 1/2" X 11" format.
(2) The Narrative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overview of current issues and pending decisions, futu'c
developments and expected achievements, and any problems or delays, including code violations found Y'
Permitting Authority.
(b) A Monthly Cost Narrative describing the current construction cost estimate status of the Project.
(c) A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This repo.t
shall include an analysis of the various project schedules, a description of the critical path, and oth r
analyses as necessary to compare planned performance with actual performance. .
(d) A Monthly Accounting Narrative describing the current cost and payment status of the entire project. Th s
report shall relate current encumbrances and expenditures to the budget allocations.
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.~ (e) A Monthly Construction Progress Report during the construction phase summarizing the work of tl e
various subcontractors. This report shall include information from the weekly job site meetings s
applicable such as general conditions, long lead supplies, current deliveries, safety and labor relatio s
\- ,:-:wograms permits, construction problems and recommendations, and plans for the succeeding month.
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(t). A Daily Construction Diary during the construction phase describing events and conditions on the site.
(g) A monthly Minority Business Enterprise repc:t during the construction phase summarizing the participation
of certified minority subcontractors/material suppliers for the current month, and project to date. The repo
shall include the names, addresses, and dollar amount of each certified MBE participant.
(h) A Contractor's Minority Business Enterprises Status Report of Partial Payment form is attached to th s
Agreement as Exhibit M and is to be completed and submitted with each pay request.
(i) . Construction Manager shall implement a direct tax savings purchase plan approved by the Department
Revenue that, upon acceptance, will be part of the Construction Manager's services.
(3) The reports outlined in subsection (2)(a) through (e) above shall be bound with applicable computer reports an
submitted monthly during design and construction phases and shall be current through the end of the preceding
month. Copies shall be transmitted to the Owner and the Architect-Engineer and others designated by' tl e
Project Director with the monthly pay requisition.
Additional copies of the report outlined in subsection (2)(a) shall be bound separately and distributed monthly, s
directed by the Project Director,
(4) The report outlined in subsection (2)(t) above shall be maintained at the site available to the Owner an
Architect-Engineer. A copy, bound. of the complete diary shall be submitted to the Owner at the conclusion
the project.
2.1.3 Scheduled Control Subsystem
(I) Master Project Schedule - Upon award of this Contract, the Construction Team, shall submit a mast r
project schedule covering the planning and design approvals, construction and Owner occupancy of the Projec .
This schedule will serve as the framework for the subsequent development of all detailed schedules. The mast r
project schedule shall be produced and updated monthly throughout the project. '
(2) Construction Schedule And Re uirements For Overtime Work For Pro'ects With Construction Costs In Exce s
of $5,000,000.00 Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, tl e
Construction Manager shall prepare and submit to the Architect-Engineer a construction schedule i 1
quadruplicate graphically depicting the activities contemplated to occur as a necessary incident to performan e
of the work required to complete the project, showing the sequence in which the Construction Manager propos s
for each such activity to occur and duration (dates of commencement and completion, respectively) of each suc 1
activity. An example of an acceptable form of such a construction schedule is contained in Appendix I of tl e
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Corps of Engineers iRegulation ER I-I-II entitled "Network AnalyJs System", a copy of which is available 0
the Construction Mdnager from the Architect-Engineer, upon requc";t. Another form of construction scheel Ie
which provides the same kind of information and employs the same basic principles as illustrated in Appendi. I
of the Corps of Engineers' Regulation ER 1-1-11 will be acceptable to the Owner if used by the Constructi n
Manager; provided, however, that the Architect-Engineer shall determine whether the construction sclledule
developed and submitted by the Construction Manager meets the requirements stated above and su h
determination shall be binding on the Construction Manager. Failure of the Construction Manager to d evel p
and submit a construction schedule as aforesaid shall be sufficient grounds for the Architect-Engineer to tlnd tl e
Construction Manager in substantial default and certify to the Owner that sufticient cause exists to term in ate tl e
contract or to withhold any payment.
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Following development and submittal of the construction schedule as aforesaid, the Construction Manager sha I.
at the end of each calendar month occurring thereafter during the period of time required to finally compL ete tl e
subject project, or at such earlier intervals as circumstances may require, update and/or revise the constructi n
schedule to show the actual progress of the work performed and the occurrence of all events which have affect d
the progress of performance of the work already performed or will affect the progress of the performance of tl e
work yet to be performed in contrast with the planned progress of performance of such work, as depicted on t e
original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revis d
construction schedule last submitted prior to submittal of each such monthly update and revision. Eac h su h
update and/or revision to the construction schedule shall be submitted to the Architect-Engineer in dup Iicate
Failure of the Construction Manager to update, revise, and submit the construction schedule as aforesaid shall e
sufficient grounds for the Architect-Engineer to tind the Construction Manager in substantial default and certi y
to the Owner that sufficient cause exists to terminate the Contract or to withhold payment to the Constructi n
Manager until a schedule or schedule update acceptable to the Architect-Engineer is submitted.
(3)'.. 1:b.e. <:onstruction Manager shall prepare and incorporate into the schedule data base, at the required interval ,
''the following schedules:
(a) Pre-Bid Schedules (Subnetworks) - The Construction Manager shall prepare a construction sched ule D r
work encompassed in each bid package. The schedule :;hall be suffici~ntly detailed as to be suitable D r
inclusion in the bid package as a framework for contract completion by the successful bidder. It shall sho v
the interrelationships between the work of the successful bidder and that of other subcontractors, and sha I
establish milestones keyed to the overall master schedule.
(b) Subcontractor Construction Schedules (Subnetworks) - Upon the award of each sub-contract, tl e
Construction Manager shall jointly with the- subcontractor, develop a schedule which is more detailed th 1
the pre-bid schedule included in the specifications, taking into account the work schedule of the oth r
subcontractors, The construction schedule shall include as many activities as necessary to make t e
schedule an effective tool for construction planning and for monitoring the performance of t e
subcontractor. The construction schedule shall also show pertinent activities for material purchase order.
manpower supply, shop drawing schedules and material delivery schedules.
(c) Occupancy Schedule ~ The Construction Manager shall jointly develop with the Architect-Engineer an
Owner a detailed plan, inclusive of punch lists, final inspections, maintenance training and tum-ov r
procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction t
Owner occupancy. The Occupancy Schedule shall be produced and updated monthly from its inceptio
through final Owner occupancy.
2. \.4 Cost Control Subsystem - The operation of this subsystem shall provide sufficient timely data and detail to perm it th
Construction Team to control and adjust the project requirements, needs. materials. equipment and systems by buildin 1
and site elements so that cons.truction will be completed at a cost which. together wi,th all other project costs, will n t
exceed the maximum total project budget. Requirements of this subsystem include the following submissions at the
following phases of the project: .
Estimates
(a) Economic Cost Model Based on Program Information.
(b) At Completion of Advanced Schematics.
(c) At Completion of Design Development Phase For Each Item Or Bid Package.
(d) At Completion of 75% Construction Documents Phase For Each Item Or Bid Package.
(e) At establishment of the Guaranteed Maximum Price.
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2,1,5 Project Accounting Subsystem - The operation of this subsystem shall enabl;the Construction Team to plan effective y
and to monitor and control the funds available for the project, cash flow, costs, change orders, payments, and oth r
major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts pa:yabl ,
This subsystem will be produced and updated monthly and includes the following reports which together will serve as n.
basic accounting tool and an audit trail. The Construction Manager will retain all project files in a manner cOflsiste t
with proper accounting procedures that would be sufficient for an audit by the Owner for a period of 5- years after fin 1
completion of the project. This report will also provide for accounting by building and site element.
(a) Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and pllrcha e
orders) for any given contract or budget line item, It shall show approved change orders for each contract whic
when added to the base commitment will become the total commitment. Pending change orders will also e
shown to produce the total estimated probable cost to complete the work,
(b) A Payment Status Report showing the value in place (both current and cumulative). the amount invoiced (bot 1
current and cumulative). the retained, the amount payable (both current and cumulative), and the balanc
remaining. A summary of this report shall accompany each pay request.
(c) A Detailed Status Report showing the complete activity history of each item in the project accounting structure
It shall include the budget, estimate and base commitment figures for each contract. It shall give the chang
order history including change order numbers, description, proposed and approved dates, and the proposed an
.. \' approved dollar amounts. [fshall also show all pending or rejected change orders.
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(d),' A Cash Flow Diagram showing the projected accumulation of cash payments against the project. Cash flo\
. projections shall be generated for anticipated monthly payments as well as cumulative payments.
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(e) A Job "Ledger shall be maintained as necessary to supplement the operation of the project accounting subsysten
The.job ledger will be used to provide construction cost accountability for general conditions work, on-sit
reimbllrsable expenses, and costs requiring accounting needs.
2.2 PROJECT MANUAL
(I) Upon award of contract the Construction Manager shall develop a draft comprehensive Project Manu I
describing the services set forth in this Contract. This shall provide a plan for the control, directio ,
coordination and evaluation of work performed throughout the project organization including identification of
Key personnel, responsibilities of Construction Manager, Owner and Architect-Engineer; work flow diagram ;
and strategy for bidding the work, The Project Manual shall be updated as necessary throughout the desig ,
construction and Owner occupancy phases. Five copies of the Project Manual and any updates shall b
submitted to the Owner and Architect-Engineer, [n developing the Project Manual, the Construction Manage
shall coordinate with the Owner and the Architect-Engineer,
(2) Contents of Project Manual - The Project Manual shall describe in detail the procedures for executing the worl'
and the organizations participating. The Project Manual shall include as a minimum the following sections:
(a) Project Definition - The known characteristics of the project or subprojects shall be described in generc I
terms which will provide the participants a basic understanding of the project or sub-projects.
(b) Project Goals - The schedule, budget, physical, technical and other objectives for the project shall b
defined.
(c) Project Strategy - A narrative description of the project delivery methods s!1all be utilized to accomplish th
project goals.
(d) Project Work Plan - A matrix display of the program of work to be performed by the Construction Manager
the Architect-Engineer and the Owner during each phase of the project.
(e) Project Organization - A summary organization chart showing the interrelationships between'the Owner, th
Construction Manager and the Architect-Engineer, and other supporting organizations and permittin
review agencies. Detailed charts, one each for the Construction Manager, the Architect-Engineer, the Usin
Agency and Owner showing organizational elements participating in the project shall be included,
(t) Responsibility Performance Chart - A detailed matrix showing the specific responsibilities an
interrelationships of the Owner. the Architect-Engineer, and Construction Manager. The Responsibilit
Performance Chart shall indicate major responsibility, and minor responsibility, for each specific tasl
required to deliver the project. The Construction Manager shall develop a similar chart for the personn e
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within his own 0 ganization whJ~,are assigned to the project, and JIso for the pers~nnel of the Owner and t e
Architect-Engineer from data supplied by each, .
(g) Flow Diagrams - These charts shall display the flow of information and the decision process for the revie Ii
and approval of shop drawings and submittals, progress and change orders,
(h) Written Procedures - The Construction Manager will provide written procedures for communications ar d
coordination required bet\veen Construction Team members throughout the project. Procedures shall cov r
such items as correspondence. minutes. reports, inspections. team meetings. technical reviews, desi_n
reviews, and other necessary communications.
2.3 DESIGN REV[EW AND RECOMMENDATIONS
(I) Review and Recommendations and Warranty. - The Construction Manager shall familiarize himself thorough I '
with the evolving architectural, civil, mechanical, plumbing, electrical, and structural plans and specificatiol s
and shall follow the development of design from Preliminaries through Working Drawings. . He shall mak
recommendations with respect to the selection of systems and materials, and cost reducing alternatives inc ludin
assistance to the Architect-Engineer, and Owner in evaluating alternative comparisons versus long term co t
effects. The evaluation shall speak to the benefits of the speed of erection and early completion of the project
He shall furnish pertinent information as to the availability of materials and labor that will be required. He sha 1
submit to the Owner. Permitting Authority and Architect-Engineer such comments as may be appropriat
\ \' concerning construction feasibility and practicality, He shall call to the Project Director's and the Architec _
~ Engineer's attention any apparent defects in the design, drawings and specifications or other documents. H
\' shall prepare an estimate of the construction cost utilizing the unit quantity survey method.
(2) \ Re.view Reports and Warranty - Within 45 days after receiving the Construction Documents for each phase 0 -
the project, the Construction Manager shall perform a specific review thereof, focused upon factors of a natur
enco.mpassed in Paragraph (I) above and on factors set out in Paragraph (5). Promptly after completion of th
review;. he shall submit to the Project Director and Permitting Authority, with copies to the Architect-Engineer,
written report covering suggestions or recommendations previously submitted, additional suggestions 0-
recommen~ations as he may deem appropriate, and all actions taken by the Architect-Engineer with respect t
same, any comments he may deem to be appropriate with respect to separating the work into separate contract.
alternative materials, and all comments called for under Article 2.3(5).
AT COMPLET[ON OF THE CONSTRUCTION MANAGER'S REVIEW OF THE PLANS AN
SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAYBE IDENTIFIED B
APPROPRIATE COMMENTS PURSUANT TO THIS SECTION, THE CONSTRUCTION MANAGE
SHALL WARRANT, WITHOUT ASSUMING ANY ARCHITECTURAL OR ENGINEERIN
RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE CONSISTENT, PRACTICAL
FEASlBLE AND CONSTRUCTIBLE. CONSTRUCTION MANAGER SHALL WARRANT THAT TH
WORK DESCRlBED IN THE' PLANS AND SPECIFICATIONS FOR THE VARIOUS BIDD[N
PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED CONSTRUCT[ONTIME.
DISCLAIMER OF WARRANTY: - THE OWNER DISCLAIMS ANY WARRANTY THAT THE PLAN
AND SPECIFICATIONS FOR THE PROJECT ARE ACCURATE, PRACTICAL, CONSISTENT 0
CONSTRUCTIBLE.
(3) Long Lead Procurements - The Construction Manager shall review the design for the purpose of identifyinc
long lead procurement items (machinery, equipment, materials and supplies). When each item is identified, th
Construction Manager shall notify the subcontractors, the Project Director and the Architect-Engineer of th
required procurement and schedule. Such in'formation shall be included in the l.>id documents and made a part 0
all affected sub-contracts, As soon as the Architect-Engineer has completed drawings and technica
specifications and the Construction Manager has obtained perm itting approval, the Construction Manager shal
prepare invitations for bids. The Construction Manager shall keep himself informed of the progress of th
respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director
Owner and Architect-Engineer of any problems or prospective delay in delivery.
(4) Separate Contracts Planning - The Construction Manager shall review the design with the Architect-Enginee
and make recommendations to the Owner and to the Architect-Engineer with respect to dividing the '.vork i
such manner as will penn it the Construction Manager to take bids and award separate construction sub-contract
on the current schedule while the design is being completed. He shall take into consideration such factors a
natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total tim
for completion, construction market conditions, availability of labor and materials, community relations and an)
other factors pertinent to saving time and cost by overlapping design and construction that are authorized by th
Owner.
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(5) Interfacing
(a) The Construction Manager shall take such measures as are appropriate to provide that all constnlctio
requirements will be covered in the separate subcontracts for procurement of long lead items, the se parat
construction subcontracts and the general conditions items performed without duplica!ion or overla .
sequenced to maintain completion of all work on schedule. Particular attention shall be given to provid
that each bid package clearly identifies the work included in that particular separate subcontract, its schedul
for start and completion and its relationship to other separate Construction Managers.
(b) Without assuming allY Design responsibilities of the Architect-Engineer, the Construction Manager- shal
include in the reports required under Article 2,3(2) comments on overlap with any other separat
subcontracts, omissions. lack of correlation between drawings. and any other deficiencies noted, in orde'
that the Project Director and Arch itect-Engineer may arrange for necessary corrections.
(6) Job-Site Facilities - The Construction Manager shall arrange for all job-site facilities necessary to enable th
Construction Manager and the Owner's representatives and the Architect-Engineer to perform their respectiv
duties in the management. inspection. and supervision of construction,
Tangible personal property, otherwise referred to as Job-Site facilities, include but are not limited to such thing
as trailers. toilets, typewriters. computers and any other equipment necessary to carryon the project. Th
" \\_ method of acquiring such job-site facilities which are planned to become the property of the owner at th
'''^ conclusion of the project shall be evaluated based on cost over the life of the project. Owning versus leasin
\ shall be considered by the Construction Manager obtaining at least two (2) proposals for leasing and at least tw
. (2) proposals for purchasing and then analyzing which is least expensive over the usage life of the item, Th
'\ CElns.truction Manager shall present his evaluation with recommendation to the owner for approval.
When' the Construction Manager wishes to supply Job-Site Facilities from his own equipment pool, he shall firs
evaluate buy versus lease as discussed in the paragraph above, I f leasing is found to be the least expensiv
approach, then he may lease such Job-Site Facilities from his own equipment pool at a price not greater than the
lowest of the thret (3) lease proposals obtaint:d.
For all such facilities purchased which may become the property of the owner at the conclusion of the project.
the Construction Manager shall maintain ownership responsibilities of such facilities until the project
conclusion, Reimbursement for cost of such equipment will be made at the conclusion of the project at the
documented purchase price, At that time. the Construction Manager shall provide the owner with a complete
inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase
price, serial number, model number and condition. Where said equipment has a title, said title shall be properly
transferred to the Owner or to his designee.
The Construction Manager is responsible for proper care and maintenance of all equipment while in his control.
At the time of transfer to the owner, the owner may refuse acceptance of the equipment if the owner determines
in its sole discretion that the equipment has not been properly cared for by the Construction Manager or that
such acquisition would not otherwise be in the best interest of the Owner. In such event, the Construction.
Manager will be reimbursed for such item in accordance with Article 9.2(4) hereof,
(7) Weather Protection - The Construction Manager shall ascertain what temporary enclosures, if any, of building
areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the
work in periods when extreme weather conditions are likely to be experienced. He shall submit to the
Construction Team his recommendations as to needed requirements of this nature and as to the contract or
contracts in which they should be included.
(8) Market Analvsis and Stimulation of Bidder Interest
(a) The Construction Manager shall monitor conditions in the construction market to identify factors that will or
may affect costs and time for completing the project; he shall make analysis as necessary to (I) determine
and report on availability of labor, material, equipment, potential bidders, and possible.. impact of any
shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations
as may be appropriate with respect to long lead procurement. separation of construction into bid packages,
sequencing of work. use of alternative materials, equipment or methods, other economics in design or
construction, and other matters that will promote cost savings and completion within the scheduled time,
(b) Within 30 days after receiving Notice to Proceed, the Construction Manager shall submit a written
"Construction Market Analysis and Prospective Bidders Report" setting out recommendations and providing
information as to prospective bidders. As various bid packages are prepared for bidding, the Construction
Manager shall submit to the Project Director and the Architect-Engineer a list of potential bidders. The
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Construction M lnager shall be responsible to stimulate bidder inJerest in the local market place and i dent fy
and encourage bidding competition, '
(c) The Construction Manager shall carry out an active program 0 f stimulating interest of qual i fied Const ructi n
Managers in bidding on the \vork and of familiarizing those bidders with the requirements of this proj ect.
2.4 CONSTRUCTION PHASE*
(I)
Construction Manager's Staff - The Construction Manager shall maintain suftlcient off-site support staff. a d
competent full time staff at the Project site authorized to act on behalf of the Construction Manager to
coordinate, inspect and provide general direction of the work and progress of the subcontractors and he sh II
provide no less than those personnel during the respective phases of construction that are set forth in Exhibit" "
to this agreement. He shall not change any of those persons named in Exhibit "C" unless mutually agreed to y
the Owner and Construction Manager, [n such case, the Owner shall have the right of approval of t e
qualifications of replacement personnel. Such approval will not be unreasonably withheld,
(2)
Lines of Authority - The Construction Manager shall establish and mairitain lines of authority for this personn I.
and shall provide this definition to the Owner and all other affected parties such as the code inspectors of tl e
Permitting Authority, the sub-contractors. the Architect-Engineer and the Owner's representatives, to provi e
general direction of the work and progress of the various phases and subcontractors. The Owner and Archite _
Engineer may attend meetings between the Construction Manager and his Subcontractors, howeve r, su h
attendance shall not diminish either the authority or responsibility of the Construction Manager to administer tl e
subcontractor.
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(3)" Schedule and Project Manual Provisions - The Construction Manager shall provide subcontractors ~ll1d tl e
\ ~\(ner, its representatives and the Architect-Engineer with copies of the Project l'vlanual (total number of copi s
''1101 to -exceed 10) developed and updated as required by Article 2.2 expanded for the. Construction Pha e
emp'loying their respective milestones, beginning and finishing dates, their respective responsibilities ti r
performance and the relationships of their work with respect to subcontractors and suppliers. He sh all al 0
continue to provide current scheduling information and piOvidedirection and coordination regarding mik:stone ;
beginning and tinishing dates. responsibilities for performance and the relationships of the Constructio 1
Manager's work to the \.vork of his subcontractors and suppliers to enable them to perform their respective tas s
so that the development of construction progresses in a smooth and eftlcient manner in conformance .......ith tl e
overall project schedule. The schedule shall include all phases of the construction work, material supplies, Ion
lease procurement, approval of shop drawings, change orders in pl"ogress, schedules for change orders, an
performance testing requirements, He shall advise the Owner, its representatives and the Architect-Engineer f
their required participation in any meeting or inspection giving each at least one week notice unless such notic
is made impossible by conditions beyond his control. He shall hold job-site meetings at least once each mont
with the Construction Team and at least once each week with the subcontractors and the Architect-Engineer
Field Representative, or more frequently as required by work progress. to review progress, discuss problems an
their solutions and coordinate future work with all subcontractors.
(4) Solicitation of Bids
(a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner. th
Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for a I
procurements of long lead items. materials and services, and for Subcontractor contracts. Such invitation
forbids shall be prepared in accordance with the following guidelines:
I. Contracts over $1,000 but not exceeding $10,000 may be entered into by the Construction Manage'
with the firm which submits the lowest verbal quotation, The Construction Manager shall obtain
minimum of two (2) verbal quotations, These quotations shall be entered on a bid tabulation sheet an I
a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm, The successful
quotation shall be confirmed by written contract or purchase order to the low bid firm defining th
scope and quality of work to be provided.
2. Contracts exceeding S 10,000 but not exceeding $200,000 may be entered into by the Constructiol
Manager with the tirm \\"ho is qualified and submits the lowest responsive proposal. The Constructio
Manager shall rt:quest at least three (3) firms to submit sealed written proposals based on a writte
drawings and/or specification. The written proposals shall all be opened publicly at the locati on, dat
and time named by the Construction Manager in his request for proposal. A tabulation of the result
shall be furnished to the Owner, Architect-Engineer and to each firm,
*Construction Phase Services not authorized as of the date of this contract. These services will be authorized by mutua'
agreement by the Team at a later date.
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2, Contracts exceeding S 1 0,000 but not exceeding $200,000-may be entered into by the Constnlcti
Manager with the firm who is qualified and submits the lowest responsive proposal. The Constructi n
Manager shall request at least three (3) firms to submit sealed written proposals based on a writt n
drawings and/or specification. The written proposals shall all be opened publicly at the location, da e
and time named by the Constmction Manager in his request for proposal. A tabulation of the resul s
shall be furnished to the Owner, Architect-Engineer and to each firm. -
3, Contracts exceeding $200,000 but not exceeding $500.000 may be entered into by the Constructio
Manager with the tirm who is qualified and submits the lowest responsive proposal. The Constructio
Manager shall advertise these projects at least once with the last advertisement appearing at least 21
calendar days prior to the established bid opening date. These proposals shall be based on approve
plans and specitications, Bids shall be received and opened publicly at the location, date and till1
established in the bid advertisement.
4, Contracts exceeding $500,000 shall be treated the same as described under 3 above except that th
advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 day
prior to any scheduled pre-bid conference.
5.
Individual purchases of materials or rentals or leases of equipment amounting to less than $1,000.0
each may be made without bids or quotes when reasonably necessary to expedite work on the projec ,
however, the Construction Manager shall not divide or separate a procurement in order to avoid th
requirements set forth above.
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(b) As part of such preparation, the Construction Manager shall review the specifications and drawings prepare
. by the Architect-Engineer. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictiv
requirements, and any other defects in the specifications or in the drawings noted by the Constructio
Manager shall be brought to the attention of the Project Director and Architect-Engineer in written form.
Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area,
(c) For each separate construction contract exceeding $25,000, the Construction Manager shaH, unless waive
by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer and Projec
Director. In the event questions are raised which require an interpretation of the bidding documents 0
otherwise indicate a need for clarification or correction of the invitation, the Con'struction Manager shal
transmit these to the Architect-Engineer and upon receiving clarification or correction in writing shal
prepare an addendum to the bidding document, and issue same to all of the prospective bidders.
(d) For all contracts exceeding 525.000, the Construction Manager shall establish a pre-qualification procedur
for applicable subcontract trades.
(5)
Bonds - In accordance with the provisions of Section 255,05, Florida Statutes, the Construction Manager shal
provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor an
Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 an
inclusive of the Construction Manager's fees,
To be acceptable to the Department of Management Services as Surety for Performance Bonds and Labor and
Material Payment Bonds, a Surety Company shall comply with the following provisions:
I, The Surety Company shall have a currently valid Certificate of Authority,. issued by the State of Florida.
Department of Insurance, authorizing it to write surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority issued by the United States
Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
3. The Surety Company shall be in full compliance with the provisions of the Florida [nsurance,Code.
4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued.
5, If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following
provisions:
A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Ke~
Rating Guide.
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CONTRACT AMOUNT
POLICY J
HOLDERS
RA TING
REQUIRED
FINANCIAL
RA T[NG
$ 500.000 TO 1,000,000
1,000.000 TO 2,000.000
2.000,000 TO 5,000.000
5,000.000 TO 10,000,000
10,000,000 TO 25,000,000
25,000,000 TO 50,000,000
50,000,000 TO 100,000,000
A-
A-
A-
A-
A-
A-
A-
CLASS I
CLASS"
CLASS [[[
CLASS IV
CLASS V
CLASS VI
CLASS vn
B. The Surety Company shall not expose itself to any loss on anyone risk in an amount exceeding tel
(10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation 0
the risk as prescribed in this section. These minimum requirements shall apply to the reinsurin_
carrier providing authorization or approval by the State of Florida. Department of Insurance to d
business in this state have been met.
(b) [n the case of the surety insurance company, in addition to the deduction for reinsurance, th
.. \:1,._ amount assumed by any co-surety, the value of any security deposited, pledged or held subject t
.~ the consent of the surety and for the protection of the surety shall be deducted..
(6) \ Quality Control- The Construction Manager shall develop and maintain a program, acceptable to the Owner and
"A~itect-Engineer, to assure quality control of the construction,' He shall supervise the work of all
'subco'ntractors providing instructions to each when their work does not conform to the requirements of the plans
and ~pecifications and he shall continue to exert his influence and control over each subcontractor to ensure that
corrections are made in a timely manner so as to not affect the efficient progress of the work. Should
disagreement occur between the Construction Manager and Architect-Engineer over acceptability of work and
conformance with the requirements of the specifications and plans, the Owner shall be the final judge 0
performance and acceptability'.
(7) Subcontractor [nterfacin~ - The Construction Manager shall be the single point of interface with all
subcontractors for the Owner and all of its agents and representatives including the Architect-Engineer. He shall
negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall
review the costs of those proposals and advise the Owner and Architect-Engineer of their validity and
reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the
Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued.
However, when health and safety are threatened, the Construction Manager shall act immediately to remove the
threat to health and safety. He shall also carefully review all shop drawings and then forward the same to the
Architect-Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The
Construction Manager shall maintain a suspense control system to promote expeditious handling. He shall
request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the
subcontractors and shall maintain a suspense control system to promote timely response. He shall advise the
Project Director and Architect-Engineer when timely response is not occurring on any of the above.
(8) Permits - The Construction Manager shall secure all necessary building permits from the Permitting Authority
and all necessary utility connection permits, the cost of which will be considered a direct cost item.
(9) Job Site Requirements
(a) The Construction Manager shall provide for each of the following activities as a part of his Construction
Phase fee:
I. Maintain a log of daily activities. including manpower records, weather. delays, major decisions, etc.
2. Maintain a roster of companies on the project with names ancl telephone numbers of key personnel.
3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline.
4. Provide labor relations management for a harmonious, productive project.
5. Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor
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compliance \ without relieving them of responsibilities to L.trform work 111 accordance with tne b st
acceptable practice.
6, Provide a quality control program as developed under Article 2.4(6) hereinabove.
7. Miscellaneous office supplies that support the construction efforts which are consumed by his 0\ n
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8. Travel to and from his home office to the project site and Tallahassee as the project requires.
(b) The Construction Manager shall provide personnel and equipment or shall arrange for separa e
subcontracts to provide each of the following as a direct cost item:
I. Schedule the services of independent testing laboratories and provide the necessary testing of mC1ttC'ri:1 s
to ensure conformance to contract requirements.
2. The printing and distribution of all required bidding documents and shop drawings, including the se s
required by the Permitting Authority's inspectors.
(10)
Job Site Administration - The Construction Manager shall provide as part of his construction phase fee, j ob sit
administrative functions during construction to assure proper documentation, including but not limited to suc
things as the following:
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'i' (a) Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing projec .
. _ Implement procedures and assure timely submittals, expedite processing approvals and return 0 f sho
\. ",':--,d.rawings, samples, etc. Coordinate and expedite critical ordering including direct tax saving purchases an
'\ -delivery of materials, work sequences, inspection and testing. labor allocation, etc. Review and coo rdinat
~ach subcontractor's work. Review and implement revisions to the Schedule: Monitor and promote safet .
requirements. In addition, regular project status meetings \vill be held between the architect, owner an
Construction Manager either biweekly or monthly, whichever is designated by the Project Director.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for establishin
procedures, responsibilities, and identification of authority for all to clearly understand:
Identify party or parties responsible for follow up on any problems, delay items or questions and recor
course for solution. Revisit each pending item at each subsequent meeting until resolution is ach ieved,
Require all present to make any problems or delaying event known to those present for appropriate attentio
and resolution.
(b) Shop Drawing Subm ittalsl Approvals - Provide staff to check shop drawings and to implement procedure
for submittal and transmittal to the Architect-Engineer of such drawings for action, and closely monitor thei
submittal and approval process.
(c) Material and Equipment Expediting - Provide staff to closely monitor material and equipment del iveries
critically important checking and follow-up procedures on supplier commitments of all subcontractors,
(d) Payments to subcontractors - Develop and implement a procedure for review, processing, and payment 0
applications by subcontractors for progress and final payments.
(e) Document Interpretation - Refer all questions for interpretation of the documents prepared by the Architect
Engineer to the Arch itect-Engineer.
Cf) Reports and Project Site Documents - Record the progress of the project, Submit written progress reports t
the Owner and the Architect-Engineer including information on the subcontractor's work, andth~
percentage of completion, Keep a daily log available to the Owner, the Architect-Engineer and III
Perm itting Authority inspectors.
(g) Subcontractor's Progress - Prepare periodic punch lists for subcontractor's work including u'risatisfactory 0
incomplete items and schedules for their completion.
(h) Substantial Completion - Ascertain when the work or designated portions thereof are ready for the
Architect-Engineer's substantial completion inspection. From the Architect-Engineer's list of incomplete 0
unsatisfactory items, prepare a schedule for their completion indicating completion dates for the Owner's
review, [f the Construction Manager wishes the Architect-Engineer to conduct a pre-substantial completion
inspection in conjunction with his own forces, the Architect-Engineer will prepare the presubstantia 1 punch
list from which the Construction Manager will develop a completion schedule, The Architect-Engineer will
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issue a certificf I,te of substantial completion when the work ...:In his presubstantial punch list has b n
accomplished (See Exhibit D),
(i) Final Completion - Monitor the Subcontractor's performance on the completion of the project and provi
notice to the Owner and Architect-Engineer that the work is ready for final inspection. Secure and trans
to the Owner, through the Architect-Engineer. all required guarantees, aftjdavits; rele.ases, bonds a d
waivers, manuals, record drawings, and maintenance books including the Final Completion form shown in
Exhibit E.
U) Start-Up - With the Owner's personnel, direct the checkout of utilities, operations, systems and equ ipll1e
for readiness and assist in their initial start-up and testing by the trade Construction Managers.
(k)
Record Drawings - During the progress of the work, the Construction Manager shall require the plu mbin
air conditioning, heating, ventilating, elevator, and electrical subcontractors to record on their field sets f
drawings the exact locations, as installed, of all conduit, pipe and duct lines whether concealed or expos d
which were not installed exactly as shown on the contract drawings. The Construction Manager shall al 0
record all dra'v'iing revisions that have been authorized by change order that effect wall or partition locatio ,
door and window locations and other template changes. The exact routing of conduit nms shall be sho\ n
on these drawings,
Each drawing shall be noted "As Built" and shall bear the date and name of the subcontractors th t
performed the work. Where the work was installed exactly as shown on the contract drawings the shee s
shall not be disturbed except as noted above.
_ The Construction Manager shall review the completed As-Built drawings and ascertain that all da a
".......'.furnished on the drawings are accurate and truly represent the work as actually installed. When manhole,
" . boxes, underground conduits, plumbing, hot or chilled water lines, inverts, etc, are involved as part of t e
.work, the Construction Manager shall furnish true elevations and locations, all properly referenced by usin >
the original bench mark used for the institution or for this project
( 11)
Administrative Records - The Construction Manager will maintain at the job site, unless agreed to otherwise b '
the Project Director, on a current basis, files and records such as, but not limited to the following:
Contracts or Purchase Orders
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs-
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records:
Sales Tax Recovery Status Report
Labor Costs
Material Costs
Subcontractor Payment Exception Report
Equipment Costs
Cost Proposal Requests
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Purchase Orders
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Bid/Award Information
Bid Analysis and Negotiations
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Punch Lists .
PMIS Schedule and Opdates
Suspense (Tickler) Files of Outstanding Requirements
Project Manual .
The project records shall be available at all times to the Owner and Architect-Engineer for refere_nce or review,
(12) Owner Occupancy - The Construction Manager shall provide services during the design and constrllctio
phases, which will provide a smooth and successful Owner occupancy of the project. He shall provid
consultation and project management to facilitate Owner occupancy and provide transitional services to get th
work, as completed by the Construction Managers, "on line" in such conditions as will satisfy Owner operationa
requirements.
He shall conduct the Construction Manager's preliminary punch list inspection and coordinate the completion 0
all punch fist work to be done with Owner occupancy requirements in mind,
He shall catalog operational and maintenance requirements of equipment to be operated by maintenanc
personnel and convey these to the Owner in such a manner as to promote their usability, He shall provid
operational training, in equipment use, for building operators.
He shall secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that
'\: will facilitate their maximum enforcement and assure their meaningful implementation.
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, He shall continuously review "As-Built" Drawings and mark up progress prints to provide as much accuracy as
., possible.
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Th~' O\vner will not occupy or take control of the project until the above items discussed in this paragraph have
been.completed and the "Substantial Completion", "Start-Up", "Record Drawing", and "Warranty" requirements
specified in paragraphs 2.4( 10)h, 2.4(\ O)j, 2.4( lO)k, and 2.4( 13) have been completed to the Owner's
satisfaction excluding the requirements for a warranty inspection nine months after Owner Occupancy.
(\3) Warranty - Where any work is performed by the Construction Manager's own forces or by subcontractors under
contract with the Construction Manager, the Construction Manager shall warrant that all materials and
equipment included in such Work will be new except where indicated otherwise in Contract Documents, and
that such Work will be of good quality, free from improper workmanship and defective materials and in
conformance with the Drawings and specifications. With respect to the same Work, the Construction Manager
further agrees to correct all work found by the Owner to be defective in material and workmanship or not in
conformance with the Drawings and Specifications for a period of one year from the Date of Substantial
Completion or for such longer periods of time as may be set forth with respect to specific warranties contained
in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any
specific written warranties given by others as required by the Contract Documents. Also, the Construction
Manager shall conduct, jointly with the Owner and the Architect-Engineer, a warranty inspection nine (9)
months after the date of Owner Occupancy.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3,1
Owner's Information - The Owner shall provide full information regarding his requirements for the project.
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Owner's Representative - The Owner shall designate a representative who shall be fully acquainted with the project and
shall define the lines of Owner authority to approve Project Construction Budgets, qnd changes in Project. He shall
render decisions promptly and furnish information expeditiously.
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Architect and Engineer's Agreement - The Owner shall retain an Architect-Engineer for design and to prepare
construction documents for the project. The Architect-Engineer's services, duties and responsibilities are described in
the Agreement between the Owner and the Architect-Engineer, a copy of which will be furnished to the Construction
Manager. The Agreement between the Owner and the Architect-Engineer shall not be modified ~vithout written
notification to the Construction Manager.
3.4
Site Survey and Reports - The Owner shall provide for the furnishing for the site of the project all surveys describing
the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal
description,
3.5
Approvals and Easements - The Owner shall pay for necessary approvals, easements, assessments and charges required
for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities,
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3.6 Legal Services - The Own~r shall furnish such legal services as may be ne~essary for providing the items set forth in
Article 3.5 and such auditing services as he may require,
3.7 Drawings and Specifications - The Construction Manager will be furnished a reproducible set of all copies of DrEl\vin '5
and Specifications reasonably necessary and ready for printing.
3,8 Cost of Surveys & Reports - The services, information, surveys and reports required by the above paragraphs sball e
furnished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and tI e
Construction Manager shall be entitled to rely upon the accuracy and completeness thereof.
3.9 Project Fault Defects - If the Owner becomes aware of any fault or defect in the Project or non-conformance \\"ith tl e
drawings and specifications, he shall give prompt written notice thereof to the Construction Manager and Architec _
Engineer.
3.10 Funding - The Owner shall furnish in accordance with the established schedule, reasonable evidence satisfactory to tl e
Construction Manager that sufficient funds will be available and committed for the cost of each part of the Project. Th
Construction Manager shall not commence any work, unless authorized in writing by the Owner.
3.11 Lines of Communication - The Owner and Architect-Engineer shall communicate with the subcontractors or su ppliel
only through the Construction Manager while such method of communication is effective in maintaining proje t
'scQedules and quality.
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3.12 Linc:s of Authority - The Owner shall establish and maintain lines of authority for his personnel and shall provide thi
definition to the Construction Manager and all other affected parties,
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3.13 Permitting'& Code Inspections - The Owner recognizes and coordinates with the Permitting Authority and expects th
ConstructiQn Manager to do the same,
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ARTICLE 4
PERMITTING AND INSPECTION
. Before Construction can begin, it is necessary by statute for the Construction Manager to obtain a Building Permit. In addition
! constructionwill be inspected for code compliance, compliance with drawings and specifications, and quality by inspector
working for the Permitting Authority. The building permitting and code inspection requirements shall be as described in Article
4.1 through 4.2 hereinafter.
4.1 Building Permits - The Construction Manager shall provide the following information to the Permitting Authority an
obtain approval from the Permitting Authority prior to beginning construction:
(I) Two (2) sets of documents, signed. sealed and dated by the Architect-Engineer, with all addenda enclosed with
each set.
4.2 Code Inspections - All projects require detailed code compliance inspections during construction in disCiplines
determined by the Permitting Authority, These disciplines normally include, but are not necessarily limited to.
structural, mechanical, electrical, plumbing and general building.
Inspection personnel will be provided by the Permitting Authority. Names, addresses, and phone numbers of the
inspectors will be provided to the Construction Manager by the Permitting Authority.
The Construction Manager shall notify the appropriate inspector(s), no less than 24 h.ours in advance, that the work is
ready for inspection and before the work ~ covered~. Work not inspected and approved prior to cover-up shall be
uncovered for inspection when directed by the Permitting Authority. All costs for uncovering and reconstruction shall
be borne by the Construction Manager,
All inspections shall be made for conformance with the applicable building codes, compliance witt~ drawings and
specifications, and quality.
Cost for all reinspect ions of work found defective and subsequently repaired shall be borne by the Construction
Manager.
ARTICLE 5
SUBCONTRACTS
5,1 Definition. - A subcontractor is a person or organization who has a direct contract with the Construction Manager to
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perform any of the work at~he site, Nothing contained in the Contract Do:ument shall create any contractual relati n
between the Owner or Architect-Engineer and any subcontractor. -
5.2 Proposals. - Subject to Article 9 and, in accordance with Article 2.4(4), the Construction Manager shall request a
receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidder after
has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work.
5,3 Required Subcontractors' Qualitications and Subcontract Conditions.
5.3,1 Subcontractual Relations - By an appropriate written agreement, the Construction Manager shall require ea h
subcontractor to the extent of the work to be performed by the subcontractor, to be bound to the Construction Manag r
by the terms of the Contract Documents. and to assume toward the Construction Manager all the obligations a d
responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Archite t-
Engineer. Said agreements shall preserve and protect the rights of the Owner and Architect-Engineer under t e
Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting there f
will not prejudice such rights. Where appropriate, the Construction Manager shall require each Subcontractor to ent r
into similar agreements with his Sub-subcontractor,
The Construction Manager shall make available to each proposed Subcontractor, pnor to the execution of tl e
Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Article 5.3 at
. identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance '\lith tl e
CQntract Documents. Each Subcontractor shall similarly make copies of such Documents available to his Su _
su5~ntractors,
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Subcontract ReqUirements
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( I) On aU.subcontracts where the bid exceeds $100,000, the Construction Manager may require subcontractors t
provide a 1.00% performance bond and a 100% labor and material payment bond from a surety company authorized t
do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to awar
subcontracts to Subcontractors unable to supply this bonding, he may request special authorization to do so. Upo
providing justifiable background information, such authorization shall ~ot be withheld unreasonably,
(2) On all subcontracts where the bid exceeds $200,000.00, each subcontractor must submit a completed experienc
questionnaire and financial statement on the form entitled "Experience Questionnaire and Construction Manager'
Financial Statement" Form #DBC-5085, incorporated herein by reference or equivalent form supplied by Constructiol
Manager. The subcontractors financial condition must demonstrate that adequate fixed and liquid assets and equ ipmen
are available to properly perform the subcontract.
(3) Workforce - The subcontractor mllstagree to perform no less than 15<).'0 of the project construction work utilizin
its own employees,
(4) Subcontractor experience - The subcontractor must have successfully completed no less than two projects 0
similar size and complexity within the last five years.
(5) Supervision - The subcontractor must agree to provide field (on-site) supervision through a named superintenden
for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing
included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for schedulin
direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman an
schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalen
level on a similar project for at least two years within the last five years. The subcontractor shall include a resume 0
experience for each employee iclelllified by him to supervise and schedule his work,
(6) All subcontracts shall provide:
a. LIMIT A TION OF REMEDY - NO DAMAGES FOR DELA Y
That the subcontractor's exclusive remedy for delays in the performance of the contract caused by events beyond
its control, including delays claimed to be caused by the Owner or Architect-Engineer or attributable to the
Owner or Architect-Engineer and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
[n the event of a change in the work the subcontractor's claim for adjustments in the contract sum are limited
exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and bond costs.
Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute the sole and
exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for
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increase in the contr,lct price, damages, losses or additional compens~tion,
b. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submit! d
to Construction Manager within the time and in the manner in which the Construction Manager must subn it
such claims to the Owner. and that failure to comply with the conditions for giving notice and submitting clail S
shall result in the waiver of such claims.
5.4
ResponsibiHties for Acts and Omissions - The Construction Manager shall be responsible to the Owner for the acts a d
omissions of his employees and agents and his subcontractors, their agents and employees, and all other perso s
performing any of the work or supplying materials under a contract to the Construction Manager.
5.5 Subcontracts to be provided, The Construction Manager shall include a copy of each subcontract, including the gener
supplementary conditions, in the project manual.
ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 7, a project substanti, I
completion date, a project final completion date and an Owner Occupancy date for completion of the project i 1
accordance with the master project schedule, shall also be established by the Construction Team. The .Constructio
. Manager agrees to complete the construction in accordance with the agreed upon substantial completion date, fin 1
'c~Jnpletion date and Owner Occupancy date. The Construction Manager acknowledges that failure to complete th
pro~ct within the construction time set forth in the approved schedule may result in substantial damages to the Owne ,
for \ill of which damages the Construction Manager shall be liable,
6.2 The Clate;..of.Owner Occupancy shall occur as described in Article 2.4(12) hereinabove. Warranties called for by thi
Agreement or by the Drawings and Specifications shall commence on the Date of Owner Occupancy of the project.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Design Development Documents are sufficiently complete to establish the scope of work for the project 0
any portion thereof, as generally detined by a design document listing to be provided by the Architect-Engineer an
Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing th
specifications and plan data necessary to establish a Guaranteed Maximum Price, or at such time thereafter designate
by the Owner, the Construction Manager will establish and submit in writing to the Owner for his approval
Guaranteed Maximum Price, guaranteeing the maximum price to the Owner, for the construction cost of the project 0
designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project a
provided in Article 10, However, the actual price paid for the work by the Owner shall be the actual cost of all wor
subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs as defined under Articl
9, plus the Construction Manager's fees or the GMP, whichever is less when the work is complete.
7.2 The GMP will only include those taxes in the cost of the project which are legally enacted at the time the GMP is
established.
7.3 When the project is bid and 100% of the Trade Contracts have been executed. the contingency within the GMP may be
decreased in proportion to the percent of the work completed. In other words, if 10% of the work has been completed
and the Owner requests that the contingency within the GMP be adjusted, then 10% of the contingency within the GMP
will be removed from the GMP by change order.
7.4 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for
activities and work which were adopted by the Construction Team and used to determine the Construction Manager's
cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency
which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction.
The Construction Manager will be required to furnish documentation evidencing expenditures charged to this
contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shaLl be determined
by the Construction Team, included in the Project Manual and displayed monthly in the PM[S. The Architect-Engineer
shall verify the actual costs. Ifbids are received below the applicable line items in the GMP, the surplus will be added
to the contingency.
If bids are received above the applicable line item in the GMP the deticiency will be taken from the contingency,
however such events shall not be calise to increase the GMP,
If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the
Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or
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negotiate for its performanc-i: for the specitied line item lump sum amount orjess.
ARTICLE 8
CONSTRUCTION MANAGER'S FEE
18.1 In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager s
compensation for his services, fees as set forth in Subparagraphs 8.1.1, 8,1.2 and 8.1.3.
8.1.1 Preconstruction Phase Fee - For the performance of the services set forth under paragraphs 2,1.3(1), 2.l.4(a)(b)(c)( d .
2,3(1) and 2.3(2) and for profit and overhead related to these services, a total fee of $135,995.00. The Preconstructio
Phase Fee shall be paid in ~ monthly payments of S 19.427.00 each and a final payment of $19,433.00 at completion f
Preconstruct ion Phase Services. The tirst monthly payment shall become due thitty days following the issuance I'
Notice- To-Proceed with the Preconstruction Phase Services,
The Construction Manager's personnel to be assigned during this phase and their duties and responsibilities to thi
project and the duration of their assignments is shown on Exhibit G.
8,1.2 Construction Phase Fee* - Prior to commencement of the Construction Phase, the Owner will direct the Constructio
Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work 0
services performed during the Construction Phase shall be a fee of $844,105,00 (However, the Owner retains the rigl t
. to review the need and effectiveness of any employee or employees assigned by the Construction Manager, should th
Pltflject Director question the need for the employee or employees). The Construction Phase Fee shall be invoiced an
paicQn 18 monthly payments of $44.426,00 each and one final payment of $44,437.00. The first monthly paymen
shalf become due thirty days following the issuance of the first Construction Authorization by the Project Director an
the fin1cl1 monthly payment shall be paid only when construction of the project is finally completed and occupancy 0 .
the p}oject.1!,ccepted by the Owner. I I' construction is authorized only for a part of the project, the fee paid shall b
proportion~lle to the amount of work authorized by the Owner.
(I) Adjustments in Fee - For changes in the project as provided in Article 10, the construction phase fee shall b
adjusted as follows: .
(a)
The Construction Manager shall be paid an additional fee subject to negotiation if the Constructio
Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any conditio
that may have been caused from negligent acts by the Construction Manager.
(b)
Should the duration of the construction stipulated herein for Final Completion extend beyond 19 month
after the Notice- To-Proceed, receipt of final drawings and specifications. or receipt of aiTtlecessar:
permits, whichever is later. due to no fault of the Construction Manager, the Construction Manager's
Additional Construction Phase Fee will be $2,019,00 per working day, for each day or portion thereof.
The Construction Manager's staff during such time extensions shall be that shown in Exhibit H.
(c)
The Construction Manager will not be due any additional Overhead and Profit on increases in the
Guaranteed Maximum Price (GMP) that do not exceed $300,000.00. Should the GMP be increased by
more than $300,000,00 under the terms of Article 10 hereinafter due to no fault of the Construction
Manager, the Construction Manager's additional Overhead and Profit for the Construction Phase will be
4.16% of that portion of the accumulative increases in the GMP that exceed the GMP by more than
$300,000.00.
Construction Manager's Exclusive Remedy: In the event the construction Substantial or Final Completion
date is extended. regardless of whether delay is caused by any act or neglect of the Owner or the
Architect-Engineer. or is attributable to the Owner or the Architect-Engipeer. the Construction Manager's
sole and exclusive remedy is an extension of the construction completion date and payment of additional
Construction Phase fees and Overhead and Profit for Construction Phase as provided above;
(2) Costs and Expenses Included in Fee - The following are included in the Construction Manager's fee for services
during the COnstruction Phase:
(a) Salaries or other compensation of the Construction Manager's employees at his principal office and
branch offices.
The Construction Manager's personnel to be assigned during the construction phase, their duties and
responsibilities to this project and the duration of their assignments are shown on Exhibits I and J.
*Construction Phase Services not authorized as of the date of this contract. These services will be authorized by mutual
agreement by the Team at a later date.
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(b) General operating expenses related to this project of the CoJstruction Manager's principal and bran h
offices.
(c) The costs of all data processing staff.
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(d) Salaries or other compensation of the Construction Manager's employees at the -job site. TI e
Construction Manager's personnel to be assigned to the site during the Construction Phase under the j b
site management and supervision fee, their duties and responsibilities and the duration of their assignme t
are shown on Exhibit 1.
(e) General operating expenses incurred in the management and supervision of the project, except s
expressly included in Article 9.
(f) Those services set forth in Article 2A(9)(a),
(g) Job office supplies - includes paper. pencils, paper clips, file folders, staples, etc., and janitorial sllppli s
(photo copy or blue print paper not included).
(h) Direct tax saving purchase program.
8.1.3
-Overhead And Profit For Construction Phase - For overhead, profit and general expenses of any kind, except as may b
exp~ssly included in Article 9, for services provided during and related to the construction phase, the fee shall b
$580,000.00 and shall be paid proportionally to the ratio of the cost of the work in place, and less retainage (see Articl
12.1), Jls it bears on the latest estimate of the total construction cost or to the G MP or to the Owner's Constructio
Budget, 'whichever is less.. The balance of the fee shall be paid when construction of the project is finally complete
and occupimcy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fe
paid shall be proportionate to the amount of work authorized by the Owner. The Construction Manager's exc1usiv
remedy for arty adjustments in the Overhead and Profit for construction phase fee is provided in Article 8.1.2(1),
ARTICLE 9
COST OF THE PROJECT
) 9. I Definition - The term Cost of the Project shall mean costs necessarily incurred in the Project during the Constructiol
Phase for Construction services and paid by the Construction Manager which are not included in Article 8. Sue h cost
shall include the items set forth below in this Article.
The Owner agrees to pay the Construction Manager for the Cost of the Project as defined in Article 9. Such paymen
shall be in addition to the Construction Manager's fees stipulated in Article 8.
9.2 Direct Cost Items
(I) Wages paid for labor (as opposed to wages paid to management or supervisory personnel) in the direct emplo)
of the Construction Manager in the performance of his work under Agreement, times a multiple of 1.475 t
cover fringe benefits. -
(2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of transportation and
storage thereof.
(3) Payments due to subcontractors from the. Construction Manager or made by the Construction Manager to
subcontractors for their work performed pursuant to contract under this AgreelT!ent.
(4) Cost including transportation and maintenance of all materials, supplies, equipment, temporary facilities and
hand tools not owned by the workmen, which are employed or consumed in the performance of the work, cost
on such items used but not consumed which may be turned over to the Owner at the end of the project and cost
less salvage value on such items used but not consumed which remain the property of the Constr\!.ction Manager.
For those items to be turned over to the Owner at the end of the project, Article 2.3(6) shall apply,
(5) Rental charges on all necessary machinery and equipment, exclusive of hand tools used at the site of the Project,
whether rented from the Construction Manager or other, including installation, repairs and replacements,
dismantling, removal, costs of lubrication, transportation and delivery costs thereof, which are used in the
support of a sub-contractor or the Construction Manager's own forces in the performance of the work, at rental
charges consistent with those prevailing in the area.
(6) Cost of the premiums for all insurance and cost of premiums for all bonds which the Construction Manager is
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required to procure: ;y this Agreement specifically for the constructi(--,~ project. This includes any sub-contrac r
bonds the ConstructIOn Manager deems appropriate.
(7) Sales, use, gross receipts or similar taxes related to allowable direct costs of the Project imposed by al Y
governmental authority, and for which the Construction Manager is liable.
(8) The cost of corrective work subject. however, to the GMP and except for any corrective work made necessa y
because of defective workmanship or other causes contributed to by the Construction Manager or h's
subcontractors or suppliers,
No costs shall be paid by the Owner to the Construction Manager for any expenses made necessary to corre
defective workmanship or to correct any work not in conformance with the Plans and Specifications or to corre
any deficiency or damage caused by negligent acts by the Construction Manager.
(9) Minor expenses at the site, such as telegrams, long distance telephone calls, telephone service, expressag .
postage, and similar petty cash items in connection with the Project to be billed at cost.
(I 0) Costs for trash and debris control and removal from the site.
(11) Cost incurred due to an emergency affecting the safety of persons and property.
"nJ.L Legal costs reasonably and properly resulting from prosecution of the Project for the Owner, including handlin
''\:: claims for changes by Subcontractors and Vendors, subject to the following limitations:
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'(b)' The legal costs were not incurred as result of the Construction Manager's own negligence or default.
This paragraph does not provide for payment of legal costs incurred in preparing or asserting claitn or requests
by Construction Manager itself. for change orders or;n enforcing the obligations of this contract.
(\3) All costs directlyincurrec\ in the performance of the Project for the benefit of the Project and not included in th
Construction Manager's fees as set forth in Article 8.
(\4) rfrequested by the Owner. the Construction Manager will perform all or a portion of any item in Article 9 fo
the cost of the work.
(15) rfapproved by the Owner, the Construction Manager, when qualified, may perform all or a portion of the wor'
for any item listed on the estimate or GMP breakdown where it is deemed advantageous due to schedule 0
economic benefit for the direct cost of the work.
(16) Transportation greater than 100 miles from the site for those personnel employed directly for the project. Such
transportation must be approved in advance by the Owner, and may be in accordance with the Construction
Managei"'s standard personnel policy but not exceeding the limits established by Florida Statutes 112.061.
(17) Costs of all reproductions used for bidding or information purposes required by the project to directly benefit the
project.
(18) Costs for watchman and security services for the project.
(19) Costs for efficient logistical control of the site, including horizontal and vertiltal transportation of materials and
personnel. Also, costs for adequate storage and parking space.
(20) Costs for such temporary facilities during construction, as approved by the Owner, including temporary water.
heat, power, sanitary facilities, telephones, radios and computers with software,
(21) Costs for any job site items not referenced herein, not normally provided by the subcontractor~, which will be
provided by the Construction Manager as required to complete the work.
(22) Cost of utilizing a computer aided design and drafting application (CADD) for record drawings as described in
Article 2.4( 10)(k). Upon completion of the work, the Construction Manager shall obtain two (2) sets of disk
files from the Architect-Engineer and record to scale all as-built conditions. The disk shall be submitted to the
Architect-Engineer when completed. together with two sets of blue line or black line prints for certification and
forwarding to the Client Agency, at the time of final completion,
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10.1
10,1.1
10.1.2
10.1.3
10,1.4
10.1.5
10.2
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ARTICLE 10
CHANGE IN THE PROJECT
Change Orders - The Owner, without invalidating this Agreement, may order Changes in the Project within the gene 'al
scope of this Agreement consisting of additions, deletions or other revisions, the GMP, and the Constructi n
Completion Date, being adjusted accordingly. All changes in the Project not covered by an authorized contingen v
shall be authorized by Change Order signed by the Owner before the change is implemented. - .
A Change Order is a written order to the Construction Manager signed by the Owner issued after the execution of t is
Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion dat
Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost f
the Project.
The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be dete rmin d
in one or more of the following ways:
(I)
by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per it
evaluation by the Architect-Engineer and Owner;
(2)
by unit prices stated in the Agreement or subsequently agreed upon;
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(4) ,.
by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or
by the method provided in Subparagraph 10.1.3,
[f rio"he'Qf t.he methods set forth in Clause 10.1.2 is agreed upon, the Construction Manager, provided he rec eives a
written order signed by the O\ovner, shall promptly proceed with the Work involved. The cost of such Work shall the
be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to th
change. However, in the event a Change Order is issued under these conditions, the Architect-Engineer will establis
an estiil1ated cost of the work and the Construction Munager shall not perform any work whose cost exceeds th, t
estimate without prior written approval by the Owner. [n such case, and also under Article 10.1.2 abo ve, th
Construction Manager shall keep and present. in such form as the Owner may prescribe, an itemized accountin
together with appropriate suppolting data of the increase in the Cost of the Project as outlined in Article 9. The amolll t
of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for an '
deletion or change which results in a net decrease in cost will be the amount of the actual net decrease.
I f unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated ar
so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work propose
will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guarantee
Maximum Price shall be equitably adjusted.
Should concealed conditions encountered in the performance of the Work below the surface of the ground or shoul
concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings
Specifications, or Owner furnished information or should unknown physical conditions below the surface of the groLl\1
or should concealed or unknown conditions in an existing structure of an unusual nature, differing materialIy fro
those ordinarily encountered and generally recognized as inherent in work of the character provided for in thi
Agreement, be encountered, the Guaranteed Maximum Price and the Construction Completion date shall be equitabl.
adjusted by Change Order upon a request for Change Order in accordance with Article 10,2,
Claims For Additional Cost Or Time
All claims for additional cost or time shall be made by request for a change order submitted as provided in Artic Ie 16.
If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner 01
the Architect or of any employee of either or by any separate Construction Manager employed by the Owner or by an.
changes ordered in the work by labor disputes, fire. or unusual delay in transportation, unavoidable ~asualties or an)
causes beyond the Construction i\'tanager's control or by delay authorized by the owner pending resolution of disputes
and such delay extends the completion date, the Substantial Completion shall be extended by Change Order for such
reasonable time as the Construction Team may determine.
Only delays which are determined to extend the critical path for the schedule for constructing the project will result in ,
time extension, Neither the Owner nor the Construction Manager shall be considered to own the schedule float time.
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10.3
Minor Changes In The Projict
The Architect-Engineer will have authority to order minor changes in the Project not involving an adjustment in tl e
Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the inte t
of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of change s sha I
be determined by the Construction Team, included in the Project Manual and displayed Illonthlyin the PM[S, Chang s
shall be approved by the Project Director, Architect-Engineer. - ~
10.4
Emergencies
In any emergency affecting the safety of persons or property, the Construction Manager shall act at his discretion, t
prevent threatened damage, injury or loss, Any increase in the Guaranteed Maximum Price or extension of tim
claimed by the Construction Manager on account of emergency work shall be determined as provided in Article 10.
ARTICLE 11
DISCOUNTS AND PENALTIES
11.\ All discounts forprompt payment shall accrue to the Owner to the extent the Cost of the project is paid directly by th
Owner or from a fund made available by the Owner to the Construction Manager for such payments. To the extent th
. Cost of the Project is paid with funds of the Construction Manager, all cash discounts shall accrue to the Constructio
Manager. All trade discounts. rebates and refunds, and all returns from sale of surplus materials and equipment, shal
be.sredited to the Cost of the Project. All penalties incurred due to fault of the Construction Manager for late paymen
of c~t of the project will be paid by the Construction Manager,
"\...,....
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION MANAGER
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12.1 Monthly St.atements - The Construction Manager shall submit to the Owner a statement, sworn to if required, alon
with the cost'reports required under Article 2.1,5, showing in detail all monies paid out, cost accumulated or cost
incurr~d on account of the Cost of the Project during the previous period and the amount of the Construction Manager'
fees due as provided in Article. S. Ten percent (10%) retainage shall be held on all payments until the contract is fift.
percent (50%) complete, except when approved by the Owner certain suppliers and subcontractors may be paid th
entire amount due when such payment is generally the practice of the industry, At 50% completion, the Owner may
approve a reduction of the retainage ti'ol1i 10% to 5% at his discretion. Retainage shall not be withheld on sef'/ices 0
fees set forth in Article 8. The Construction Manager's Design Phase Fee, Construction Phase Fee and Overhead &
Profit shall be shown as separate line items on the -Schedule of Contract Values, Payment of the Construction
Manager's Overhead and Profit shall be calculated based on the Construction Budget Balance or the GMP Balance
whichever is applicable. The Constmction Budget Balance or GMP Balance is established by subtracting the Design
Phase Fee, Construction Phase Fee and Overhead & Profit from the latest estimate of the total construction cost or to
the GMP or to the Owner's Construction Budget, whichever is less. The billable Overhead and Profit is calculated by
multiplying the percent complete of the Construction Budget Balance or the GMP Balance as applicable. This data
shall be attached to the Partial Pay Request form shown in Exhibit K. Payments by the Owner to the Construction
Manager shall be made as described in Article 17.6 hereinafter.
12.2 Final Payment - Final payment constituting the unpaid balance of the Cost of the Project and the Construction
Manager's fee, shall be due and payable as described in Article 17.6 after the Owner has accepted occupancy of the
project, provided that the Project be then finally completed, that the Construction Manager has verified by his signature
that he has completed all items specified on the attached Exhibit L, and that this Agreement has been finally performed,
However, if there should remain work to be completed, the Construction Manager and the Architect-Engineer shall list
those items prior to receiving tinal payment and the Owner may retain a sum equal to 200% of the estimated cost 0
completing any unfinished work and portion of the Construction Manager's retainage, provided that said unfinished
items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately.
Thereafter, Owner shall pay to Construction Manager, monthly, the amount retained for each incomplete item after
each of said items is completed.
12.3 Payments to Subcontractors - The Construction Manager shall promptly. within 15 days after receipt ol payment from
the Owner, pay all the amount due subcontractors less a retainage often percent (10%) until the project is fifty percent
(50%) complete, and based on Construction Manager's evaluation of the subcontractor's acceptable performance, the
Owner may approve a reduction in retainage from 10% to 5% thereafter. If there should remain items to be completed,
the Construction Manager and Architect-Engineer shall list those items required for completion and the Construction
Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items,
provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items
likewise listed separately, Ther~arter. the Construction Manager shall pay to the subcontractors, monthly, the amount
retained for each incomplete item after each of said items is completed. Before issuance of final payment with out any
retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness
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connected with the Project! ~ave been paid or otherwise satisfied, warrantyjnformation is complete, as-built marku s
have been submitted and ir{s'truction for the Owner's operating and maintenance personnel is complete.
Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the tot
completion of the Project but only upon approval of the Owner.
12.4 Delayed Payments by Owner - If the Owner should fail to pay the Construction Manager within 30 days after tl e
receipt of an approvable payment request from the Construction Manager, then the Construction Manager may. upo 1
seven (7) additional days written notice to the Owner and the Architect-Engineer stop the Project until payment of tl ~
Amount owing has been received.
12.5 Payments for Materials and Equipment - Payments will be made for material and equipment not incorporated in th
work but delivered and suitably stored at the site or another location subject to prior approval and acceptance by th
Owner on each occasion,
12.6 Withholding Payments To Subcontractors - The Construction Manager shall not withhold payments to subcontractor
if such payments have been made to the Construction Manager. Should this occur for any reason, the Constructio
Manager shall immediately return such monies to the Owners, adjusting pay requests and project bookkeep ing
required.
13.1
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Indemnity
ARTICLE 13
INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION
(1)
\ The. Construction Manager agrees to indemnify and hold the Owner, Agent, and Architect-Engineer harmles
from all claims for bodily injury and property damage (other than the work itself and other property insure
unde.r Paragraph 13,2(3)) that may arise from the Construction Manager's operations under this Agreement.
(2)
The Owner shall cause any other Construction Manager who may have a contract with the Owner to perforn
construction or installation work in the area where work will be performed under this Agreement, to agree t
indemnify the Owner, Agent. and the Construction Manager and hold them harmless from all claims for bodil;
injury and property damage (other than property insured under Paragraph 13.2(3)) that may arise from th
Construction Manager's operations. Such provisions shall be in a form satisfactory to the Construction Manager
13.2 Construction Manager's Insurance
(I) The Construction Manager shall not commence any construction work in connection with this Agreement unti
he has obtained all of the following types of insurance and such insurance has been approved by the Owner, no
shall the Construction Manager allow any subcontractor to commence work on his subcontract until all simila
insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be witl
insurers qualified and doing business in Florida.
(2) Worker's Compensation Insurance - The Construction Manager shall take out and maintain during the life ofthi
Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and
in case any work is sublet, the Construction Manager shall require the subcontractor similarly to provid
Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by th
protection afforded by the Construction Manager. Such insurance shall comply with the Florida Worker'
Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site 0
the Project is not protected under the Worker's Compensation statute, the Construction Manager shall provid
adequate insurance, satisfactory to the Owner, for the protection of employees Qot otherwise protected.
(3) Construction Manager's Public Liability and Property Damage Insurance-The Construction Manager shall tal-;
out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensiv~
Automobile Liability Insurance as shall protect him from claims for damage for personal injury, includin~
accidental death, as well as claims for property damages which may arise from operating under"this Agreemen
whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount 01
such insurance shall be minimum limits as follows:
(a) Construction Manager's Comprehensive General Liability
Coverages, Bodily Injury & Property Damage
$500,000 Each Occurrence,
Combined Single Limit
(b) Automobile Liability Coverages,
Bodily Injury & Property Damage
$100,000 Each Occurrence,
Combined Single Limit
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(c) Excess Liability...; Umbrella Form
. i $4,000,000 Each Occurrence,
Combined Single Limit
Insurance clause for both BOD[L Y INJURY AND PROPERTY DAMAGE shall be amended to
coverage on an occurrence basis,
(4)
Subcontractor's Public Liability and Propelty Damage Insurance - The Construction Manager s-hall require ea
of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type sp eci fi
above or insure the activities of his subcontractors in his policy, as specified above,
(5)
Owner's and Construction Manager's Protective Liability Insurance - The Construction Manager shall procure s
a cost of the project and furnish an Owner's and Construction Manager's Protective Liability Insurance Poli
with the following minimum limits:
(a) Bodily Injury Liability &
Property Damage Liability
$500,000 Each Occurrence
Combined Single Limit
(6) "XCU" (Explosion, Collapse, Underground Damage - The Construction Manager's Liability Policy shall provi
"XCU" coverage for those classitications in which they are excluded.
. (7) Broad Form Property Damage Coverage, Products &, Completed Operations Coverages -The Constructio
, '-"_._ Manager's Liability Policy shall include Broad Form Property Damage Coverage, Products and Complete
'r"" Operations Coverages.
(8)
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'. _Contractual Liability Work Contracts - The Construction Manager's Liability Policy shall include Contractu, I
'\ L'iability Coverage designed to protect the Construction Manager for contractual liabilities assumed by th
Construction Manager in the performance of this Agreement.
(9)
Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Construction Manager shall indemnify and hold harmle s
the Owner and the Architect-Engineer and their agents and employees from and against all claims, da.mage ,
losses and expenses, including but' not limited to attorney's fees, arising out of or resulting from th
performance of the Work, provided that any such claim, damage, loss or expense (I) is attributable to bodil
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Wor'
itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent a t
or omission of the Construction Manager, any subcontractor, anyone directly or indirectly employed by an
of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in pa t
by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwis
reduce any other right to obligation of indemnity which would otherwise exist as to any party or perso
described in this Article.
(b) In any and all claims against the Owner or the Architect-Engineer or any of their agents or employees b
any employee of the Construction Manager, any subcontractor, anyone directly or indirectly employed b
any of them or anyone for whose acts any of them may be liable, the indemnification obligations under thi
Paragraph shall not be limited in any way by any limitation on the amount or type of damage,
compensation or benefits payable by or for the Construction Manager or any subcontractor under worker'
or workmen's compensation acts, disability benefit acts or other employee benefit acts.
(c) The obligations of the Construction MCtnager under this Article 13.2(9) shall not extend to the liability f
Architect-Engineer, his agents or employees, arising out of (I) the pceparation or approval of map,
drawings, opinions, repOlts, surveys, change orders, designs or specifications, or (2) the giving of or th
failure to give directions or instruction by Architect-Engineer, his agents or employees providing SLIC 1
giving or failure to give is the primary cause of the injury or damage.
(d) The Construction Manager hereby acknowledges receipt of ten dollars and other goo~ and valuabl
consideration from the Owner and acknowledges receipt of ten dollars and other good and valuabl
consideration from the Architect-Engineer in exchange for giving the Owner and Architect-Enginee ,
respectively, the indemnitication provided above in Article 13,2(9).
(10) Builder's Risk Coverage .. The Construction Manager shall take out and maintain during the life of thi
Agreement a "Builder's Risk Policy" completed value form as a cost of the Project, issued to provide coverag s
on an "all risk" basis including theft. This coverage shall not be lapsed or cancelled because of parti, I
occupancy by the Owner prior to final acceptance of the Project.
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13.3
13.3.1
13.3 .2
13.3.3
13.3.4
(II) Certificate of Insur~ 'Ice - The Owner shall be furnished proof of covlJage of Insurance as follows:
Certificate of Insurance form will be furnished to the Owner along with the Contract Documents, These shall e
completed and signed by the authorized Florida Resident Agent, and returned to the office of Buildi 19
Construction. This Certificate shall be dated and show:
(a) The name of the insured Construction Manager, the specific job by name and job number, the name of t le
insurer, the number of the policy, its effective date, and its termination date.
(b) Statement that the Insurer will mail notice to the Owner and a copy to the Architect-Engineer at least fifte n
(15) days prior to any material changes in provisions or cancellation of the policy.
(c) Certificate of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and su h
Certificate shall clearly state all the coverages required in this Section commencing at 13.2 and endi ng wi h
13,3.4.
(d) Certificate of Insurance shall state that the Owner and Agent are listed as additional insured on II
appropriate policies,
(e) Copy of the endorsement or additional insured rider to the General Liability Policy,
. \,'._ (t) Date of Birth of authorized Resident Agent.
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Waiver of Subrogation
The b~Vnerand the Construction Manager waive all rights against each other, for damages caused by perils covered y
insurance 'provided under Article 13.2 to the extent covered by such insurance except such rights as they may have 0
the proceeds of such insurance held by the Owner and Construction Manager as trustees. TheConstmction Manag r
shall require similar waivers from all subcontractors and their sub-subcontractors.
The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment used n
connection with the Project and covered by any property insurance. The Construction Manager shal1 require simil r
waivers from all subcontractors and their sub-subcontractors,
The Owner waives subrogation against the Construction Manager on all property and consequential loss polici s
carried by the Owner on adjacent properties and under property and consequential loss policies purchased for t e
Project after its completion.
If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage whel e
there is a waiver of subrogation, the Owner of such policies wil1 cause them to be so endorsed, failure to obtain prop r
endorsement nullifies the waiver of subrogation.
ARTICLE 14
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S
OBLlGA TION
14.1 Termination by the Construction Manager - If the Project is stopped for a period of thirty (30) days under an order f
any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a
national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Proje t
should be stopped for a period of sixty (60) days by the Construction Manager,. for the Owner's failure to ma'
payments thereon, then the Construction Manager may, upon seven days written notice to the Owner, request payme t
for all work executed, the Construction Manager's fees earned to date, and for any proven loss sustained upon an .
materials, equipment, tools, construction equipment, and machinery, including reasonable profit, damages and termin, I .
expenses incurred by the Construction Manager.
14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause.,
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(I) If the Construction Manager fails to perform any of his obligations under this Agreement including an'
obligation he assumes to perform work with his own forces, the Owner may, after seven (7) days written notic
during which period the Construction Manager fails to commence correction of such obligation, make good suc 1
deficiencies, The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to th
Owner of making good such deticiencies and the Construction Manager's Construction Phase Fee shall b
reduced by an amount required to manage the making good of such deticiencies,
(2) If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his
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creditors, or if a rec;jver is appointed on account of his insolvency, 3 if he persistently or repeatedly refuses r
fails, except in case' for which extension of time is provided, to supply enough properly skilled workmen r
proper materials and fails to maintain an established schedule (failure to maintain schedule shall be deft ned s
any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by tl e
Construction Team, or if he fails to make prompt payment to subcontractors for materials or labor, r
persistently disregards laws. rules. ordinances, regulations, or orders of any public authority haying jurisdictio ,
or otherwise is guilty of a substantial violation of a provision of the Agreement. then the Owner may, witho It
prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) da. s
written notice, during which period Construction Manager fails to commence correction of the violatiol,
terminate the employmeJ1t of the Construction Manager and take possession of the site and of all material',
equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and m, '
finish the Project by whatever method he may deem expedient. In such case, the Construction Manager shall n t
be entitled to receive any further payment until the Project is finished nor shall he be relieved from h 5
obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducte
from any payments left owing the Construction Manager (excluding monies owed the Construction Manager D r
subcontract work),
(3) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other materi, I
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager i 1
conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after givin
the Construction Manager and his surety, if any, seven (7) days written notice, during which period Constructio
\_, . Manager still fails to allow access, terminate the employment of the Construction Manager and take possessio
-;:; of the site and of all materials, equipment, tools, construction equ ipment and machinery thereon, owned by th
, Construction Manager, and may finish the project by whatever method he may deem expedient. In sue h cas ;
, the Construction Manager shall not be entitled to receive any further payment until the Project is finished n r
· sfiall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by th
Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed th
Construction Manager for subcontract work).
14.3 Termination bv Owner Without Cause
(1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14,2(3), he sha I
reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part 0
the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of hi
fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time 0
termination bears to the Guaranteed Maximum- Price, if established, otherwise to the Owner's Constructio
Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rent, I
at the election of the Owner, for any equipment retained. [n case of such termination of Agreement the Owne-
shall further assume and become liable for obligations, commitments and unsettled contractual claims that th
Construction Manager has previously undertaken or incurred in good faith in connection with said Project. Th
Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute an
deliver all such papers and take all such steps including the legal assignment of his contractual rights, as th
Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manage
under such obligations or commitments.
(2) After the establishment of the Guaranteed Maximum Price or at the completion of the Preconstruct ion Phase, i
the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint 0
the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fe
due in accordance with Article 8.1 plus any costs incurred pursuant to Articles 9 and 10.
ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consen
of the other except as to the assignment of proceeds.
15,2 This Agreement shall be governed by the Laws of the State of Florida.
ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY
16.1 The Owner's liability to Construction ~lnnager for any claims arising out of or related to the subject matter of thi
contract, whether in contract or tort, including, but not limited to, claims for extension of construction time, fo
payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to b
performed, or for additional work, shall be governed by the following provisions:
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(a) AlI.claims must be sJbmitted as a Request for Change Order in the mLlnner as provided herein;
(b) The Construction Manager must submit a Notice of Claim to Owner and to the Architect-Engineer within 0
days of when the Construction Manager was or should have been aware of the occurrence of the event givi g
rise to the claim; and
(c) Within 10 days of submitting its Notice of Claim, the Construction Manager shall submit to the Owner is
Request for Change Order. which shall include a written statement of all details of the claim, including a
description of the work affected.
The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction ManaQ: l'
fails to submit as a Request for Change Order as provided in this paragraph. -
16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect-Engineer, shall del iver 0
the Construction Manager its written determination of the claim. As to matters subject to the determination by fin I
agency action (not actions for breach of contract or tort) the Owner's written decision shall be final agency acti n
unless the Construction Manager requests an administrative proceeding pursuant to Section 120.57, Florida Statutes,
filing a petition in compliance with Rule Chapter 28-106, FAC. within twenty-one (21) days of the Constructi
Manager's receipt of the Owner's determination.
16.3
T!"t.e venue for all civil and administrative actions against the department shall be in Leon County, unless otllerwi e
agr~d by the parties,
For~vC?.rk the Construction Manager performs with its own forces, and in addition to the adjustments provided for i
Articte8:;. th~ Construction Manager's exclusive remedy for delays in performance of the construction caused by even s
beyond. its control, including delays claimed to be caused by or attributable to the Owner or the Architect-Enginee ,
including claims based on breach of contract or negligence, shall be a claim submitted in compliance with 16.1 abov .
for an extension of the scheduled construction time. In the event of a change in such work, the Construction Manager'
claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus 4.16% f, r
profit. The Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies fi r
delays and changes in such work, and eliminate any other remedies for claim for increase in the contract price, delay.
changes in the work, damages, losses or additional compensation.
ARTICLE 17
MISCELLANEOUS
17,1 Harmony - Construction Manager is advised and hereby agrees that he wi II exert every reasonable and diligent effol1 t
assure that all labor employed by Construction Manager and his Subcontractors for work on the project shall \\lork i
harmony with and be compatible with all other labor being used by building and construction Construction Manager
now or hereafter on the site of the project.
Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors a
well as the Construction Manager's own contract; provided, however, that this provision shall not be interpreted 0
enforced so as to deny or abridge, on account of membership or non-membership in any labor union or labo
organization, the right of any person to work as guaranteed by Article I, Section 6 of the Florida Constitution.
17.2 Apprentices - [f the Construction Manager employs apprentices on the project, the behavior of the Constructio
Manager and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicabl
standards and policies governing apprentice programs and agreements established by the Division of Labor of the Stat
of Florida Department of Labor and Employment Security. The Construction Manager will include a provision simila .
to the foregoing sentence in each subcontract. .
17,3 Invoices - Invoices shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Invoices for an.
travel expenses shall be submitted in accordance with procedures specified in Section 112.061 of the Florida Statute
governing payments by the State for travel expenses.
17.4 Construction Manager's Project Records - The Construction Manager's Project Records shall be' maintained a
prescribed hereinabove in accordance with the State of Florida General Records Schedule for State Agencies A-I an
shall be made available to the Owner or his authorized representative at mutually convenient times,
17.5 Minority Participation - The Construction Manager shall diligently attempt to award at least twenty-one percent (21 %
of his material contracts and subcontracts to qualified minority firms. The "Minority Business Enterprises Assistanc
Office (850-487-0915), http://mbaao,fdles.state,tlus/dirhome,htm will assist in furnishing names of qualifie
minorities, The distribution of this twenty-one percent, if possible, should be four percent Black Americans. si,
percent Hispanic Americans and eleven percent American Women.
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17.6 Construction Manager's P~yment Rights - Construction Managers provicli~g goods and services to the Owner should
be aware of the following time frames. Upon receipt, the Owner has thirty (30) days to inspect and approve the goo s
and services. The Owner has twenty (20) days to deliver a request for payment (voucher) to the Department f
Banking and Finance, The 20 days area measured from the latter of the date the Pay Request is received or the goo s
or services are received, inspected and approved.
If payment is not available to the Owner for transmittal to the Construction Manager within 40 days, a separate i ntere t
penalty set by the Comptroller pursuant to Section 55,03, Florida Statutes, will be due and payable in addition to tl e
invoice amount. To obtain the applicable interest rate, please contact the agency's Fiscal Section at (850) 487-9891.
The 40 days are also measured from the latter of the date the invoice is received or the goods or services are receive ,
inspected and approved. Interest penalties of less than one (I) dollar will not be enforced unless the Constructi n
Manager requests payment. Pay Requests which have to be returned to a Construction Manager because f
Construction Manager preparation errors will result in a delay in the payment. The Pay Requests pnymel t
requirements do not start until a properly completed Pay Request is provided to the Owner.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of th'
individual include acting as an advocate for vendors who may be experiencing problems in obtaining timel'
payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850)410-9354 or by calling the Stat
Comptroller's Hotline, 1-800-848-3792.
17.7 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the convicted vendor Ii t
foll~ving a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services t
a pU,blic entity, may not submit a bid on a contract with a public entity for the construction or repair of a public buildin
or p~b!ic work, may not submit bids on leases of real property to a public entity, may not be awarded or perform wor
as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may no
transact business with any public entity in excess of the threshold amount provided in Section 287.017, fo
CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
17.8 Discrimination; Denial Or Revocation For The Right To Transact Business With Public Entities - An entity or affiliate \vh
has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to ,
public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building 0
public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as ,
contractor, supplier, subcontractor. or consultant under a contract with any public entity, and may not transact busines
with any public entity,
17.9 Unauthorized Aliens - The Department shall consider the employment by any Construction Manager of unauthorize
aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause fo
unilateral cancellation of this contract.
17.10 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities through the World
Wide Web. It is the intention of the Department of Management Services to use electronic communication for all
projects whenever possible. The Construction Manager shall provide their electronic mail address and the name of a
contact person responsible for their electronic communications.
27
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IN WITNESS WHEREOF, the partieJ hereto have executed this Agreement the day arcP year first written above.
TURNER CONSTRUCTION COMPANY
By
As Witnessed:
By ,~pJ1nl~uuat
. \....
."'.:.
(Corporate Seal)
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AGENT FOR THE OWNER
As Witnessed:
APPROVED:
By 17 ~ttfJ1I3
Garrett Blanton,
Chief of Staff
By ~C/rfbptJG
Approved As To Form And Legality:
(Subject to full and proper execution by the parties.)
By At:
Office of General
Department of M
CITY OF CLEARWATER, FLORIDA
~
. . 4.::B.
ity Manag~~
~A
Review and A proved:
Attest:
By
By 0~ (: fL ~G~o.
C~YI;;k-'- - - .
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Agent
Doug Mann
Tom Berley
H.R. Hough
Cherri Harper
Chris Keena
Owner
Gary Johnson
\_, -
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Architect-Engirteer..... '
John Toppe
Construction Manager
I Ed McNeill
Wade MiIligan
Tony Rey
John Alicandri
Bryan Boykin
Tim Weddle
Durga Kalsi
Richard Hayden
Bill Sandhoff
Dan Roeske
Joyce Geiger
Vernice Atkins-Bradley
To Be Determined*
To Be Determined*
To be Determined*
To be Determined*
*To be determined at a later date
'v
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Project Director
Manager, South Florida Project Development Section
Contracts Administrator
Deputy Director
Director
Project Director
Project Principal
Vice President and G~neral Manager
Business Development Manager
Project Executive
Preconstruction Manager - New York
Preconstruction Manager - Florida
Lead Estimator
Purchasing Manager
Project Manager
Project Superintendent
Project Engineer
Safety Director
Community Affairs
Cost Engineer/Accountant
Project Secretary
Administrative Assistant
Accounts Payable
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EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRlPTION
CONSTRUCTION BUDGET
CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE ............................... $135,995.00
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE* ..................................... $844,105.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT .................................................. $580,000.00
CONSTRUCTION BUDGET BALANCE ....,........................................................................, $12,972,815.00
OWNER'S TOTAL CONSTRUCTION BUDGET .................................................................. $14,532,915.00
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*Construction Phase Services not authorized as of the date of this contract. These services will be authorized by mutua
agreement by the Team at a later date.
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Individual
Ed McNeill
Wade Milligan
Tony Rey
John Alicandri
Bryan Boykin
Tim Weddle
Durga Kalsi
Joyce Geiger
Vemice Atkins-Bradley
To Be Dete~iiied*
To Be Determil1ed*
To Be Determined*
. . '".
i Individual
Richard Hayden
Bill Sandhoff
Dan Roeske
To Be Determined*
*To Be Determined at a Later Date
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EXHIBIT C
CONSTRUCTION MANAGERS'S PERSONNEL
OFF-SITE SUPPORT STAFF
Title
Vice President and General Manager
Business Developlnent Manager
Project Executive
Preconstruction Manager - New York
Preconstruction - Florida
Lead Estimator
Purchasing Manager
Safety Director
Community Affairs
Cost Engineer/Accountartt
Administrative Assistant
Accounts Payable
ON-SITE SUPPORT STAFF
Title
Project Manag~r
Project Superintendent
Project Engineer
Project Secretary
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~ 1 EXHIBIT 0
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I ST ATE OF FLORIDA Distribution to:
,
I Administrator of Client Agency
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I Development -
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, DEPARTMENT OF
I
I _Project Director -
I MANAGEMENT SERVICES _ Archi tect/Engineer
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! ARCHITECT/ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NUMBER: ARCHITECTIENGfNEER:
PROJECT:
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OWNER: I CONSTRUCTION ~IANAGER
Department of Mall,agement Services
Building Construcliori \,,:' .
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ATTN: CONTRACT FOR:
-
CONTRACT DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
i
The work performed under this Contract has been reviewed and ti.llmd 10 be substantially complete. The Date of Substantial Completion of the Project or pOI' iOIl
thereof designated above is hereby established as which is also the date of commencement of
applicable warranlies required by lhe Contract Documents. except as stated below.
DEFINITIO:\" OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of lhe Work or dcsignated portion lhereof is the Date certitied by the Architect-Engineer when construclion is sufticie rly
complete, in accordance wilh the Contract Documents. so the Own<:[ can occupy or. utilize the Work or designated portion thereof for the use for whkh i t is
intended as expressed in the Contracl Documents.
A list of items to be completed or corrected is altached hereto. The failure to include any items on such list does not alter lhe responsibility of the Construc ion
Manager to complete all Work in accordance with the Contract Documents, The date of commencement of warranties for items on the attached list will be the
date of tinal payment unless otherwise agreed to in writing.
ARCHITECT/ENGINEER BY: DATE
The Owner accepls the Work or designated portion thereof as substantially complete,
Department of Management Services
Building Construction
BY: DATE
The Construction Manager will complele or correct the \Vork on the list of items allached hereto within the time prescribed in the contract from the above Dal of
Substantial Completion.
CONSTRUCTION MANAGER BY: DATE
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EXHIBIT E
DEPARTMENT OF MANAGEMENT SERVICES
BUILDING CONSTRUCTION
CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION
AGENCY:
PROJECT: :
CONSTRUCTION MANAGER: :
CONTRACT FOR: :
CONTRACT DATE:
CONTRACT AMOUNT: :
CONSTRUCTION MANAGER'S AFFIDAVIT
-
-""
I solemnly swear and affirm: That the work under the above named contract and all amendments thereto have been completed i~
accordance with-,the( requirements of said contract; that all costs incurred for equipment, materials, labor, and services against th
project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the proje~ t
under the contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by la\\;
that all public Iiability"claims are adequately covered by insurance, and that the Construction Manager shall save, protect, de fell( ..
indemnify, and hold the Owners harmless from and against any and all claims which arise as a direct or indirect result of an '
transaction, event or occurrence related to performance of the work contemplated under said contract.
CONSTRUCTION MANAGER:
(SEAL)
Title:
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of ~
of Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation, He/She is personal!.'
known to me or has produced (type of identification) as identification,
(Signature of person taking acknowledgment
(Name typed printed or stamped
(Title or Vendor
>,
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EXHIBIT E (CONT'D)
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DEPARTMENT OF MANAGEMENT SERVICES
BUILDING CONSTRUCTION
CERTIFICATE OF CONTRACT COMPLETION
PROJECT NO
PROJECT TITLE
CONSTRUCTION lVlANAGER
CONTRACT DATE:
DATE OF FINAL COMPLETION
CERTIFICATE OF ARCHITECT/ENGINEER
I CERTIFY: That the work under the above contract has been satisfactorily completed on the date set torth in accordance with the tenns of the contract: hat
the Conslruction Manager has submitled his sworn aftidavit as evidence that he has paid all labor, materials and other charges against the project in accord. nc~
with the tenns of the contract.
AlE Finn Nanle:
By
Date
'-'-
"-
TO BE COMPLETED BY ARCHITECT/ENGINEER
THROUGH THE SUBSTANTIAL COMPLETION PHASE
\ . '... ....
DATE
DAYS
I. Notice to Proceed'(N.T.P.)" .
2. Time Specified in Original Contract for
Su::'stantial Completion (S,C.)
xxxxxx
Liquidaled Damages
to be completed by
the Dept. of
Management
Services
3. Extension Granted by Change Orders (Days Belween
Original Contract S.c. and Final Contract S.C.)
xxxxxx
4. Total Days Allowable to Substantial Completion
(Add Lines 2 and 3)
xxxxxx
5, Project Substantially Completed as Certified by AlE
(Total Days from N.T.P. through Date certified by A/E)
6. Substantial Completion Ovemlll (Subtract
Line 4 from 5 and Enter Overrun)
@$
Per Day=S
THROUGH THE FINAL COMPLETION PHASE
I. Time Specified in Contract, Between Substantial
& Final Completion
xxxxxx
2, EXlensions Granted by Change Orders (Days
Between S,c. & Final Complelion
xxxxxx
3, Total Days Allowable Between Substantial & Final
Complelion (Add Lines I & 2)
xxxxxx
4. Dale Actually Completed and TOlal Days Between Aclual S.C
& Date Certified by AlE as Actually being Finally Compleled,
5. Final Completion Overrun (Subtract Line 3 & 4
and Enter Overrun)
€S
Per Day~$
xxxxxx
TOTAL LIQUIDATED DAI'vIAGES $
DATE:
Project Director
DATE:
Projecl Development Manager
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EXHIBIT F
STATE BUILDING PERMIT APPLICATION
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USE CITY OF CLEARWATER BUILDING PERMIT APPLICATION
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Individual
Tony Rey
Richard Hayden
Dan Roeske
John Alicandri
Bryan Boykin
Tim Weddle
Durga Kalsi
To Be D~termined*
To Be Determined*
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EXHIBIT G
CONSTRUCTION MANAGER'S PERSONNEL TO BE
*To be determined at a later date
d..
ASSIGNED DURING PRECONSTRUCTION PHASE
Title
Project Executive
Project Manager
Project Engineer
Preconstruct ion Manager - New York
Preconstruction - Florida
Lead Estimator
Purchasing Manager
2 Estimators
Administrative Support
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Duration
In Months
1.0
0.5
1.0
1.5
1.5
3.5
2.0
4.0
2.0
Percentage
of Time
Available
15%
7%
15%
10%
10%
50%
30%
30%
25%
Individual
Tony Rey
Richard Hayden
Bill Sandhoff
Dan Roeske
To Be Determined*
To Be Determined*
....,'.:
\. ....
, .', -.
EXHIBIT H
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXTENSIONS PER 8.1.2(1 )(b)
Title
Project Executive
Project Manager
Project Superintendent
Project Engineer
Cost Engineerl Accountant
Project Secretary
*To be determined at a later date
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Percentage
of Time
Available
20%
100%
100%
100%
50%
100%
Individual
Tony Rey
To Be Determined*
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EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
Title
Project Executive
Cost Engineer/Accounting
*To be determined at a later date
k
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Duration
In Months
17
19
Percentage
of Time
Available
20%
50%
Individual
Richard Hayden
Bill Sandhoff
Dan Roeske
To Be Determined*
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EXHIBIT J
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
Title
Project Manager
Project Superintendent
Project Engineer
Project Secretary
*To be Determined at a later date
t.
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Duration
In Months
18
18
19
19
Percentage
of Time
Available
100%
100%
100%
100%
EXHIBIT K
, ; I
L.WNER'S CERTIFICATE OF PARTIAL PA't-iVlENT
Construction Manager (Name and Address): Request No:
For Period Ending:
Project Name:
A'~llitect-Engineer Job No: -
Contract Time (Calendar Days): State Project:
Time Elapsed 10 Date: Federal Project No:
ADDITIONS $ DEDUCTIONS $ Original Contract Sum ............ $
Change Orders (Net) :.............. $
Change Orders approved Contract Sum To Date............. $
in previous months by Balance To Finish ................... $
Owner -- TOTAL Completed To Date ................. $
Materials Stored ...................... $
Subsequent Change Orders Total Completed &
Stored..........,........................... $
Number Approved Less Retainage_%.............$
(Date) Add Back Retained
Amount Covered By
Securities................................. $
- TOT AL ................................... $
Less Previous Certiticates ....... $
Less Materials Purchased
TOTALS - Directly By Owner: ................. $
,
Net change by Change Orders $ " THIS CERTIFICATE $....,...........................................
SHOW INDIVIDUAL MBE PAYMENTS SEPARATELY ON TOTAL ANIOUNT PAID THIS CERTIFICATE
SCHEDULE OF VALUES AND TOTAL ON THIS LINE TO MBE SUBCONTRACTORS $
CERTIFICATION BY THE CONSTRUCTION MANAGER: According to the best of my knowledge and belief, I certify that all items and amounts sho\\
on the face of this Application are correct, that all work has been performed and material supplied in full accordance with the terms and condition of t~
Contract, and that all materialmen, laborel's and subcontractors. as detinedin Chapter 713,01, Florida Statutes, have been paid the amounts due thelT Ollt (
previous payments made to the Construction Manager by the Owner. Further. I agree to promptly pay each materialmen, laborer and subcontra tor. ;
u~dned in Chapter 713.01, Florida Statutes, upon receipt of payment from the Owner, out of the amount paid to me on, account of such materi lman
laborer's or subcontractor's work, the amount to. which said materialman. labor,:r and subcontractor is entitled, retlecting the percentage actually reta ned.
any, from payments to myself on account of such materialman's, laborer's and subcontractor's work.
CONSTRUCTION MANAGER: By:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this (clate) by (name of ofticer or ae:ent , title of ofticer or agent) of (name orcom ratio
acknowledging) ,a (state or place of incorporation) corporation. on behalf of the corporation, He/she is personally known to me or has produced .J.!tl
of identification) as identification.
(Si2:nalure of Derson takine: acknowlede:t ment
(Name tvoed Drinted or sta TIDed
(Title or V ndor
(Serial number. i fan\"
CERTIFICATION BY THE ARCHITECT- ENGINEER: I certify that I have checked and verified lhis Progress Payment Application; that to the best or III
knowledge and belief, lhe above applicalion is a true slatement or the value of the work performed and the materials suitable stored on the site: that al \\01'
and materials included in this Certiticate have been inspected by me or by my authorized assistants: that all work has been performed and material Sl ppli<:
in full accordance with the terms of this Contract; and I approved for paym.:nt the amount nOled above.
REVIEWED AND RECOMMENDED FOR PA YMEi\T: ,
Date:
t\rch itect- Engineer
"JROVED FOR SERVICES, PERFORMED AS STATED BY:
Date:
Owner's Project Director
40
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EXHIBIT K can't
Chapter 713.0 I, Florida Statues, defines Laborers, Materialmen and Subcontractors as follows:
(1) "Laborer" means any person other than an architect, landscape architect, engineer, land surveyor, and
the like who, under properly authorized contract, personally performs on the site of the improvement
labor or services for improving real property and does not furnish materials or labor service of others,
(2) "Materialman" means any person who furnishes materials under contract to the owner, Construction
Manager, subcontractor, or sub-subcontractor on the site of the improvement or for specially fabricated
materials off the site of the improvement for the particular improvement, and who performs no labor in
the installation thereof,
(3) "Subcontractor" means a person other than a materialman or laborer who enters into a contract with a
Construction Manager for the performance of any part of such Construction Manager's contract.
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EXHIBIT L
ITEMS TO BE SUBMITTED WITH GENERAL CONSTRUCTION MANAGER'S REQUEST FOR FINAL PAYMENT
I. Rush Requisition Routing Slip
2. Pay Request (4 copies with original signatures and original seals, noted as Final)
3, Final Schedule of Contract Values
4, Consent of Surety to make final Payment (signed and sealed)
5. Power of Attorney from Surety for Release of Final Payment (Signed and sealed and dated same as
Consent of Surety)
6.
Certificate of Contract Completion
a. page one completed by the general Construction Manager (original plus three copies)
b, page two completed by Architect-Engineer (original plus three copies)
7.-
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Satisfactory Conclusion or Release of Lien from all subcontractors or laborers who have filed Intent
to Liens or have indicated non-payment from the general Construction Manager (especially if
attorneys are involved)
8.
Construction Manager's Guarantee of Construction for one year from the date of substantial
completion
9,
Copy of the approval by the Architect-Engineer and the transmittal to the using agency of manuals,
shop drawings, as-builts (one set of sepias, two sets of prints), brochures, warranties, and List of
Subcontractors, with telephone numbers and addresses
10.
Verification that Using Agency personnel have been trained in the operation of their new equipment
(per system: HV AC, controls, fire alarm, etc.), attendance lists and preferred
II. Fully executed Roof Warranty (if applicable) in the name of the Using Agency
12, Other special warranties as required by specifications, in the name of the Using Agency
13. Architect's Certificate of Specification of Asbestos Containing Materials
14. Construction Manager's Certiticate of Asbestos Use
15, Copy of Certificate of Occupancy
NOTE: The Project Director shall verify the math of all Pay Requests prior to signing Flnal Pay Request to assure
correct payment.
Project Number:
Project Name and Location:
Project Director Signature:
42
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Upon receiving award of contract, the contractor agrees to execute the following Assignment on his
behalf.
ASSIGNMENT
For and in recognition of good and valuable consideration, receipt of which is hereby acknowledged,
Turner Construction Company, A New York Corporation Licensed To Do Business In Florida, acting
herein by and through Ed McNeill, its Vice President and General Manager and duly authorized agent,
hereby conveys, sells, assigns and transfers to the State of Florida all rights, title and interest in and to all
causes to action it may now or hereafter acquire under the antitrust laws of the United States and the State
of Florida for price fixing, relating to the particular goods or services purchased or acquired by the State
of Florida pursuant to Clearwater Main Library, Clearwater, Floricla, , State Project Number COC-
97075010.
June 8, 2001
By: Q Mf~
Ed McN'eill, Vice President ancl General Manager
Turner Construction Compahy
(PLACE SEAL HERE)
J~
--'--''''_'''''''''~--..,........,,,,,,"-,",,--~..~~._.~~,;.,.,._,,,,,,,,~,,.,,,,,.,,,,.. ~
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Exhibit M
CONTRACTOR'S MINORITY BUSINESS ENTERPRISES STATUS REPORT OF PARTIAL PAYMENT
Conlraclor's Namc:
Address:
Cily,Stllle:
DMS Project Name:
OMS Projecl #:
Conlract Amollnl:
MBE Participation Amollnl
MI3E Percent
Draw Request#:
Dale:
Full Name of Minorit)' Business Enle'llrise: MOE Stalus Slale
Ousiness Address (Ilispanic/Woman/ Ce.1ilied MilE Project Type
Business Phone # Deseri"liou of Trade or African Americanl MOE Conlracl Amounl Req. Tolal Pai,. Balance Local Govenllnenl or
Business Fax # Service Asian/Olhcr) (Yes or No) Amount This Draw Tonale Due Slale Project
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TOTALS:
43
FRONT PAGE
PERFORMANCE & PAYMENT BONDS
(Public Work)
Bond No.:
103867299,8189-02-44,08651874
Contractor Name:
Contractor Address:
Contractor Phone No.:
Surety Company:
Owner Name:
Owner Address:
Owner Phone No.:
Obligee Name:
(If different from property
Owner, or Dual Obligee)
Obligee Address:
Obligee Phone No.:
Bond Amount:
Contract No. (if applicable)
Description of Work:
Legal Description:
TURNER CONSTRUCTION COMPANY
500 NORTH WESTSHORE BOULEVARD, SUITE 620, TAMPA, FLORIDA 33609
813-287-9420
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
FEDERAL INSURANCE COMPANY
ZURICH AMERICAN INSURANCE COMPANY
DEPARTMENT OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA
4050 ESPLANADE WAY, BLDG. 4030, SUITE 360, TALLAHASSEE, FL 32399-0950
850-488-6233
SAME AS ABOVE
SAME AS ABOVE
SAME AS ABOVE
$14,532,915.00
N/A
PROJECT #COC-97075010, CLEARWATER MAIN LIBRARY, CLEARWATER, FLORIDA
SEE EXHIBIT A ATTACHED
This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that all provisions
and limitations, including conditions, notice and time limitations of F.S. 255,05 are incorporated herein by reference, Any provision of
this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum of the applicable
statute shall be deemed deleted herefrom, This bond is a statutory bond, not a common law bond.
This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages issued in
compliance with Florida Statute 255.05.
n/share/bondsfFrontPage
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EXHIBIT "A"
-INISHED FLOOR
:LEV_ = 30.00'
3058608696 T-736 P 0021003 F-708
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LEGAL DESCRIPTION
COMMENCE Jl,T 'TH( INl'ERSECTlON OF THE NORn; UNE: OF' SEC'J10N '6, iOWNSHIP 29 SOUTH. RANGE 16 EAST
WI'Tli THE NORTHERL.Y tx1nISlON OF 'Jlo1E WEST RIG:HT OF' WAY OF' OSCEOLA AVI!:NUE. SAID INTERSECTION BEING
1735.67 FEET ~ OF lHE NORTHEAST' CORNER or SAID SECTION 15: nlENC'E SOD'2,9'49t: ALOND SAID
~orm.IERL'l' EX'TENSION OF TWE wEST RIGHT OF WAY UNE, II DISTANCI!: OF 35.00 FEET TO "flofE POINT OF
8EG1NNING; THENce; ~T1NUE ALONG SAID RIGHT Of WAY UNE 'THE FOu..D\\tNG TWO COURSES: (1) S00"29'4\.9-E.
, 98.36 FEET: (2) S01'2&"Tr, 250.88 FEe:T: 'no4ENCE LEA.\ANG SAID V4ES1 RIGHT OF WAY UNE sa9".~l"10-W, A
DISTANce OF' 2.90.12 FEET: 1HENC! NOO'DS'20'"W. A DISTANCE 01' +4!.:s6 FEET TO A POfNT LYI"IG .35.00 FEET
SOUll-l OF lliE NORlH UNE: OF SAID SECTION 16; ~ENCE l>lB9'O,'e.s-E PARAl.Ltl. W1'Jloi AND 35.00 FEE:T
SOlllTHERLY OF 'Tlit NORlli UNE or SAID SI:Cl10N 1S. A DISTANCE OF 2B2.B3 FEET TO 1HE POINT OF
BEGINNING.
. EXECUTED IN TWO (2) COUNTERPARTS
I
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State of Florlda
Department of
~NAGE1fJENTSERVICES
4050 Espl~adeWay,Building 4030, Suite 360
Tallahassee, Florida32~~9-0950
CYNTHIA A, HENDERSON, SECRETARY
TRAVELERS W30NDNUMBER ; 103867299
FEDERAL BOND NUMBER: 8189-02-44
ZURICH BOND NUMBER ; 08651874
PERFORMANCE BOND
THIS BOND IS ISSUEDSIMULTANEOUSL YWITH LABOR AND MATERIAL
PAYMENT BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL
PERFORMANCEOF THE CONTRACT
KNOW ALL MEN~Y THESE PRESENT: that Turner Construction Company, A New YOr\cCorporation Licepsed Tq l)o13usiness
InFIOI:ida, 500 North Westshore Boulevard, Suit<:620, Tampa, Florida 33609,813-287-9420, FAX 813-287-9423
as 'Principal, hereinafter called Contractor, and (NAME, ADDRESS, AND PHONE NUMBEROF SURETY) Travelers Casuat ty
and Surety Cqmpany of America, One Constitution Plaza, Hartford, CT 06183,860~277"'2207;Federal In.surance C01l1pany,
15 Mountain View Road,Warren,NJ.. 07061,908,..218-5271; Zurich American Insurance Company, 3910 Kes~ick Road,
Baltimore, MD 21211, 410-261-7936.
as Surety, hereinafter called Surety ,are held and firmly bound unto the Department of Management Services of the. State of flohda as
Obligee;hereimlfter called Owner, in the lijllountofFOURTEEN MILLION FIVE HUNDRED THIRTY TWO THOUSAND NINE
HUNDRED FIFTEEN DOLLA.R.S, ($14,532,915.00)
for thepaYll1ent whereof Contractor and each individual named Surety bind themselves, their heirs, executors, administrators,
successorsahd a,Ssigns,jointly and severally, firmly by these presents.
Contl"actorhasby written agreement, dated, June. 8, 2001, entered into. a . contract with the Owntlr for Cleanyater MaipLibr~,
Clearwater, Florida" Project NumberCOC-9707501O, in accordance with drawings and Specificati()nspreparectbyfIarvardJolly
Clees Toppe,ArChit~cts,P.A., 2714 Ninth Street North, St. Petersburg, Florida 33704, 813-896-4611, e-mail:toppe@hjct.com.
which contract: is by reference madea.parthereof,and is hereinafter referred to as the Contract.
NP"",'TI-l~~f()~,TtI?C9NDrrION OF.TBIS OBLIGA nON is such that, if Contractor shall promptly and faithfully perform
sa~dc'HP~~stand~.llobligations ilirreunder, then this obligation shall be null and void; otherwise <it shall remain infuIlJQrceand
d~ .... ..
The 8uretyhere!>y waives notice of any alteration or extension oftime made by the Owner"
WheneyerCoQtrac;:torshall be, and declared. by OWner to be in default under the Contract, the.Owner having perfoonc::dOwner's
opligations tllereunder,the surety rnaypromptly remedy the default, in accordance with Section 255.0~, Florida Statutes, or shall
promptly .
1) CorripletetheContract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing theC()ntract in
accordance with its terms and conditions, and upon determination by Surety of the lowest responsible biddet or, if the. OWner
electS, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a Contract between
such bidder and Owner; and make available as work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less
iliehalance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price", as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract and any amendments theret(), less the amount
propefIypaid by Owner to Contractor.
No right of action shall accrue on this bond to or for the use of any person or cOrporation other than the Owner nljlli~d herein or the
heir. s....'.. ex. .ecutors,. a..dm..l.."nistrat..o. .rs or successors of the Owner. The time. with. in. ..w... hic;:hthe Ownercaninstituteanactionag.ainsteither
, ' , , "
the Contractor or the Surety shall be governed by the pertinent Florida Statutes.
Continued on back)
"
I
SIGNED AND SEALED THIS July 1 d, 2002
Sandra K. Wolf
(Type Name)
William L. Parker,T/27/63
(Type Name & Date of Birth)
NOTES CONCERNING SURETY AND EXECUTION
A. SURETY COMPANY REQUIREMENTS
To be acceptable to the Department.ofManagement Services, A Surety Company shall comply with all of the teqllireml:nts of Micle'+.4(5)
of the Conditions of the Contract.
B.
1. Enter the Surety Company's name and address on each copy of the Bond in the space provided.
2.:Enter the dlit~$hown on page 1 of the Agreement in the space provided on each copy of the Bond.
3. Entefthe dll.te of execution on t;ach copy of the Bond in the space provided. This date must be the same as the date shown on the
AgreelI).ent.
4: .FI~yee~chcopyofthe Bond signed by the same person that signed the Agreement on behalf of the Contractot.T:ypei~~lu~tpers.o?'s
nmneljIldtitle in the place provided on each copy of the Bond, and have one other individual witness that pers()n's signature o? each
copy of the BO,ml. Also, have the Con,tractor'$ Corporate Seal affixed to each copy of the Honp beside thatperson'$ signatute(No
Facsimiles are acceptable).
5. Have each copy of the Bop.d signed by the person authorized to sign on behalf of the Surety Company. Type in that person's name in
theplaceprovided on each copy of the Bond, and have one other individual witness that person's signature on each copy of the Bond.
Also, have the Surety Company's Corporate Seal affixed to each copy of the Bond beside that person's signature (No Facsimiles are
acceptable).
6. Have each copy of the Bond signed by a Florida Resident Agent (Reference Chapters 624.425 and 624.426 of the Florida Statutes).
Type in that pt;rson's name and Social Security number in the place provided on each copy of the Bond and have one otherindividual
witne$s that person's signature on each copy of the Bond. This may be the same person indicated in B.5 above, if this person is a
Florida Resident Agent and is also authorized to sign on behalf of the Surety Company as Attorney-In-Fact.
7. Each copy of the Bond must have a Power of Attorney attached indicating that the person in B.5 above is authorized to sign on behalf
of the Surety Company.
8. Each copy of the Power of Attorney must have the Surety Company's Corporate Seal and a Notary Seal either manually affixed or
they may utilize facsimile reproductions of the same.
9: If the date of execution of the Power of Attorney is not the same as the date shown on the Agreement, then the Power of AttorIley
must be certified to still be in effect on the date shown on page 1 of the Agreement.
10. If the Bond is being backed by the Small Business Administration, then a certified true and correct copy of the Surety Bond Guarantee
Agreement, SBA Form 990, must be attached to each copy ofthe Bond.
I
~
CORPORATE ACKNOWLEDGMENT
Form 1 52
STATE OF
COUNTY OF
Onlhls })'fh day of Au~5t
Bi1LmD rth (If)d
, 2002 before me personally came
to me known, who, being by me duly sworn, did depose and say that she/he resides in
0?111l (-, () Ie. QoI.HYl:y
., e i ~n€-m
Qonstru~-b Dr)
VOl C~
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)lilme-,
that she/he is the
of the
the corporation described in and which executed the above instrument that she/he knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that she /he
signed her/his name thereto by like order.
(SEAL)
~
tj)~.'tivt~
. CONNIE S. VAflGA
; MY COMMISSION # DO 037838
EXPIRES: August 12, 2005
Bonded Thru Nolary Public Underwriters
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this_18th
day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
she resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA
the corporation described in and which executed the above instrument; that she
knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said
corporation, and that she signed her name thereto by like order.
(SEAL)
=~(fL
l..
ALICE McLAUGHLIN
NOTARY PUBLIC OF NEW JERSEV
MY COMMISSION EXPIRES MARCH 28, 2003
TRAVELERS CASUALTY AND SURETY COMPANY OF ,A,MERICP-.
HARTFORD, CONNECTICUT 00183
FINANCIAL STATEMENT AS OF DECEMBER 31, 2001
CAPITAL STOCK $ 6,000,000
ASSETS
CASH & INVESTED CASH
BONDS
STOCK
OTHER INVESTED ASSETS
INVESTMENT INCOME DUE
AND ACCRUED
PREMIUM BALANCES
REINSURANCE RECOVERABLE
FEDERAL INC. TAX RECOVERABLE
RECEIVABLE FOR SECURITIES
OTHER ASSETS
$ 269,672,132
1,430,940,059
24,341,582
15,301,281
18,456,823
88,755,113
9,922,230
821,734
12,822,na
TOTAL
$ 1 871 033 732
STATE OF CONNECTICUT
COUNTY OF HARTFORD
)SS.
CITY OF HARTFORD
LIABILITIES
UNEARNED PREMIUMS
LOSSES
LOSS ADJUSTMENT EXPENSES
ACCRUED EXPENSES AND OTHER
LIABILITIES
PROVISION FOR REINSURf:.NCE
TOTAL LIABIUTIES
CAPITAL STOCK
PAID IN SURPLUS
OTHER SURPLUS
$ 6,000,000
303,297,402
331,901,321
SURPLUS TO POLICYHOLDERS
TOTAL
CRAIG MENSE, BEING DULY SWORN, SAYS THAT HE IS A SENIOR VICE PRESIDENT, BOND, OF THE TRAVELERS
INDEMNITY COMPANY, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE
AND CORRECT.~l"p':r~N ~!IT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2001.
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SUBSCRIBED AND SWORN TO BEFORE ME THIS
29TH DAY OF MARCH, 2002 .
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641,198,7 3
$ 1 871 033 7 2
NOTARYPUBUC... . '__ .
ur~DPIREs_IJ.mos
TRA VELEHS CASUALTY AI\'D SURETY COMPA.NY OF AMLRlCA
TRA. \fELERS CASUALTY AJ\'D SURETY COJYIJ'ANJ'
FARMINGTON CASUALTY COi\1PANY
Hartford, Connecticut 06] 83-9062
PO\VER OF ATTORNEY AND CERTlFJCATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Joseph Dobkowski, Jr., Alice McLaughlin, Adrianne Scalera, Kathleen M. Cristiano,
Sandra K Wolf, Ann Marie Keane, Geannine M. Marino, ofParsippany, New Jersey, their true and lawful Attomey(s)-in-Fact.
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the
following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to
bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and continued.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: 1bat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Cozporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her,
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in, the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairma:it, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the TrCllSW"ef, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by 8 Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to 8 written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) UDder aDd by
authority of the following Standing Resolution voted by the Boards of Dirreton of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, whicb Resolution is DOll' in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relatinB thereto appointinB Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attestinB bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and.
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaJcing to which it is attached.
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CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this_18th _day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
She resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
FEDERAL INSURANCE COMPANY
the corporation described in and which executed the above instrument; that she knows
the seal of said corporation; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said corporation, and
that she signed her name thereto by like order.
(SEAL)
/J~
~, ~
NOTARY
ALICE McLAUGHLIN
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 28.2003
~o~F:!-=;i!.?:;'-,:!-...=.i;~~~:.:,.l~-:?=!:'.f"~~nl.,!....?f!"?'ft"?~.~~~-:=:7;-f~~~~-~'=Z~? :~~~:3S?:-:~".LE-i~~}i~-:=:'; _~,,:; ,c
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....""u. i
INSURANCE COMPArvi\[
STATEMENT OF ASSETS, LIABIliTIES AND SURPLUS TO POUCYHOLDERS
ASSETS
Cash and Short Term Investments ............. $
United States Government, State and
Municipal Bonds ......................................
Other Bonds .. ............. .................. ......... .....
Stocks .. ........................................ ...............
Other Invested Assets ................................
TOTAL INVESTMENTS ...........................
Investments in Affiliates:
Pacific Indemnity Company......................
Chubb Investment Holdings, Inc. .............
Executive Risk Indemnity Inc. ......'...........
Chubb Insurance Company of Europe.....
Great Northern Insurance Company........
CC Canada Holdings Ltd. ........................
Vigilant Insurance Company....................
Other Affiliates.. ....................... ..... ........ ....
Premiums Receivable .................................
Other Assets .......... ................... ..................
Statutory Basis
DECEMBER 31,2001
(in thousands of dollars)
286,864
6,637,818
2,065,714
154,077
310,479
9,454,952
557,481
408,853
321,690
154,545
143,531
81,068
66,647
315,612
1,051,587
864,324
TOTAL ADMITTED ASSETS ..,................. $ 13,420,290
LIABILITIES
AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses .....
Unearned Premiums ....................................
Reinsurance Premiums Payable ..................
Provision for Reinsurance ............................
Other Liabilities ........ ........... ..........................
$ 6,847,940
2,176,526
316,252
120,533
432,719
TOTAL LIABILITIES ...................................
9,893,970
Capital Stock ....... ................. ........................
Paid-In Surplus .............................................
Unassigned Funds .......................................
20,980
1,174,928
2,330,412
SURPLUS TO POLICYHOLDERS ............
3,526,320
TOTAL LIABILITIES AND SURPLUS
TO POLICYHOLDERS ........................... $ 13,420,290
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $36,724 are deposited with government authorities as required by law.
Form 27-10-0073 (Rev, 4-02)
A CORRECT STATEMENT:
~L 1A-,,~dJdI
,/ m5lW~<<Do/~Attol}t'eJ-in-Fact
Sandra K. Wol~
~'Chubb
~ Surety
POW~R
OF
ATTORNEY
.; I
Federal Insurance Company I
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporati~n, VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint------------------------------------
Joseph Dobkowski, Jr., Kathleen M. Cristiano, Alice Mclaughlin, Adrianne Scalera, Sandra K. Wolf, Ann Marie Keane and Geannine M.
Marino of Parsippany, New Jersey--------------------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver
for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail
bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or
alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
have each executed and attested these presents and affixed their corporate seals on this 8th day of February 2002,
~c.d-4 ~.t.;U~
KennettlC, Werldel, Assistant SecmaI'y Fra-na RolMlrtson, VICe I'Itsident
STATE OF NEW JERSEYf ss,
County of Somerset
On this 8th day of February ,2002, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to
the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed said Power of
Attomey as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said
Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto
subscribed by authority of said By-Laws and in deponent's presence.
~.o"'.
\eP
MARIA CAUS!
NoIaryNllic. SlaE of New Je/$ey
. No.. 21_
~EJpds"..16.2005
1~~
Notarial Seal
Notary Public
CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either
by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature
of each of the following officers: Chairman, President, any Vice President. any Assistant Vice President, any Secretary, any Assistant
Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto
appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.. .
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY (the .Companies") do hereby certify that '
. (i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U. S. Treasury Department; further, ~ and Vigilant are licensed in Puerto Rico and the U. S.
Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island;
and .
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 18TH day of JULY 2002
uC'~
KennethC, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OFTHIS BOND OR NOTIFY US OF
ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suretv@chubb.com
15-10-02258 (Ed. 4-99) CONSENT
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this
18th _day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
She resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
ZURICH AMERICAN INSURANCE COMPANY
the corporation described in and which executed the above instrument; that she
knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said
corporation, and that she signed her name thereto by like order.
(SEAL)
(J. .0aJn~
NOTARY
L
ALICE MclAUGHLIN
NOTARY PUBLIC OF NEW JERSEV
MY COMMISSION EXPIRES MARCH 28, 2003
L.;
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(.'()01P..\I{:\T~VE E.,\L/l!'~CI;~ S11EET
O\E LlBEl\TY PL.-\l.'\, 165 BIWADWA I', 18TH FLOOR, NEW YORK, "i\' 1 o Of ii,
As oi.llcccmber 31, 2001
1 '2/3 J/200 t
12/3 1/2000
Asset,
Bonds
Common $lOck
f'rdcrred Slock
Other lnvcslCd Assets
Rcceh'ablc for Sl'Curiiics
Short-lerm 1 r1\'CSlments
Cash
Tolal Cash and Invesleu AsselS
$4,727,791,692
2,532,997,666
{)
43,957,372
o
(I
930,074,346
8.284.821.076
SS,I31,Ol2,820
2,321,115.295
2.500,000
4S,498,688
31,469,164
268,408,948 .
(120569,115)
7.679,435.800
Premiums Receivable
Funds Held with Reinsurers
Reinsumncc Recovemble
Accrued In\'l"Sullenllllcome
Federal Income Tax Rl'Co\"erablc
Due from Affiliates
Other Assets
Total ASsel~
2,140.198,644
1.00(,,913
554,83(1.05:\
53,452,007
()
204,539.367
183,973,116
$11.422,821.176
1.155.465.619
1,006,913
486,279.043
6U.69I,592
1.8 I 7.lM8
47.516.537
495,309.926
59,927,523.079
Unhilllies and Polk,'holdfrs' Surplus
Liabilities:
Loss arid LAI~ Reserves
Loss Portfolio Translcr
Unearned Premium Resel"e
Funds Held with Reinsurm
Loss In Course of Paymenl
ConlingCllt Commission Rcsen'c
Federullncomc Tax Payable
Payable for Securities
Provision for Reinsurance
Reserve for Foreign F.xchangc Adjustment
Ceck..d Reinsurance Premiums Payable
Other l.iabilities
Total Liabililies
$5.506,247,(,(,3
(448,924,549)
2,34 I .623.235
2\3.439.104
155,190,168
32.279,1195
9.283.586
122,229,09]
77 .588,235
o
6\ 0,967.205
381,621,190
9.001,544.821
S5.419,154.S27
(580,000,000)
1.629,966.391
519,841.010
29,680.688
23.015.943
o
o
78.170.102
3,978,629
o
368,971,278
7.492.778.869
1'01 icy holders' Surplus:
Common Capitol Slack
Paid-In and Cnnlributcd Surplus
Cumulalive Unrealized Gain/(Loss)
CumuJalive Slalulory Adjuslmenl
Dividends Undeclared
Loss Pon/o!i... Tr.IOsler A,oeounl
Unassigned Surplus
Totnl Policyholders' Surplus
5,000.000
1.198.131,141
(1.851.254.882)
(247.942.5691
5.118.894
301\,477.337
l,lXl;.14l>,434
2.421.276.355
5,000,0011
1.998.131.141
(1.789.340.508)
(359,862.3 I 6)
h.114,690
290. nOll .lMlO
2.284.701.2(1';
2,434.74-1,210
Towll.inbililics and l'nlic.-holders' SIiI'f'lU'
S 11,422.821.17(,
$9.927.523.07'1
IICt'lIlo l'f)U\' n4.'1 <KI(j kl111l! 11l1:.1~ ~th""'" l\ Out' W "'undin~.
I. DEAN T IIRUNER. Smcl;l~ of%U~ICII,\/I'lERICAN INSI!R,\NCE COMI'!\NY dl1 h~rd'~ "nil;
Ihm Ib~ for~!101l11! SlOlcmCIII i~ a ,om:,1 exh;hit or Ihe assCIS nod liahiliflCs or' Ihe s;lid C..mpil'" tin Ihe
3151 dny of o.."Ceml>:r. lOUI. a(co,din~ l11111C l..::sl of my inlhrmalion, knowledl1c nod helieI'.
{)~L.-T .~
Set:r"lOry
Slale of Illinois
County of Cook
} SS:
Subscribed and sworn to. I>: 1 11Ie me. a NOlary ]'ublic oflhe Slaw of Illinois. in Ihe Clly ()fSchaUl1lhllr~.
Ihis Illlh day ,\f J'~bruary. 2001.
"OFFICIAL SEft..L"
MARtO G. SARABYN
Notary J'ublic, State ofIlIin(\is
{~1~ ~omtnission Expires 02/24/2004
~h' \.";IlUllf)o>ia:ll~",ih" h'bfP~ln :.1. ~1)lJ~
EXECU1ED IN TWO (2) COUNTERPARTS
State of Florida
Department of
MANAGEMENT SERVICES
4050 Esplanade Way, Building 4030, Suite 360
Tallahassee, Florida 32399-0950
(850) 488-6233
CYNTHIA A. HENDERSON, SECRETARY
TRAVELERS BOND fUMBER 103867299
FEDERAL BOND NUMBER: 8189-02-44
ZURICH BOND NUMBER 08651874
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMUL TANEOUSL YWITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENT: that Turner Construction Company, A New York Corporation Licensed To Do Busin.;ss In
Florida, 500 North Westshore Boulevard, Suite 620, Tampa, Florida 33609,813-287-9420, FAX 813-287-9423
as Principal, hereinafter called Contractor, and (NAME, ADDRESS, AND PHONE NUMBER OF SURETY)
Travelers Casualty and Surety Company of America, One Constitution Plaza, Hartford, CT 06183, 860-277-2207;
Federal Insurance Company, 15 Mountain View Road, Warren, NJ 07061, 908-218-5271;
Zurich American Insurance Company, 3910 Keswick Road, Baltimore, MD 21211, 410-261-7936.
as Surety, hereinafter called Surety, are held and firmly bound unto the Department of Management Services of the State of F!orida as
Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of FOURTEEN MILLION
FIVE HUNDRED THIRTY TWO THOUSAND NINE HUNDRED FIFTEEN DOLLARS, ($14,532,915.00)
for the payment whereof Contractor and each individual named Surety bind themselves, their heirs, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated June 8, 2001, entered into a contract with Owner for Clearwater Main Library, Clearwater,
Florida, , Project Number COC-9707501O, in accordance with drawings and Specifications prepared by Harvard Jolly Clees Toppe,
Architects, P,A., 2714 Ninth Street North, St. Petersburg, Florida 33704, 813-896-4611, e-mail: toppe@hjct.com. which contract is by
reference made a part hereof, and is hereinafter referred to as the Contract.
THE CONDITIONS OF THIS BOND ARE AS FOLLOWS:
1. Contractor shall promptly make all payments owing when due to all persons who are defined in Section 713.01, Florida Statutes,
whose claims derive directly or indirectly from the prosecution of the work provided for in the contract, then this bond is void;
otherwise, it remains in full force and effect.
2. Each said claimant shall have a right of action against the Contractor and Surety for the amount due him. No such action shall
subject the Obligee to any cost, expense, loss or damage, and Contractor shall promptly pay Obligee for the full measure of all cost,
expense, loss, damage, and attorneys fees sustained by Obligee as a result of any default by Contractor under the contract.
3. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in privity with the Contractor and who has not
received payment for his labor, materials, equipment or supplies shall, within forty five (45) days after beginning to furnish labor,
materials, equipment or supplies for the prosecution of the work furnish the Contractor with a notice that he intends to look to the
bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor,
materials, equipment or supplies shall, within ninety (90) days after completing performance of the labor or after completing
delivery of the materials, equipment or supplies, deliver to the Contractor and to the Surety written notice of the performance of the
labor or delivery of the materials, equipment or supplies and of the nonpayment. No action for the labor, materials, equipment or
supplies may be instituted against the Contractor or the Surety after one year from the date performance of the labor is completed or
delivery ofthe materials, equipment or supplies is completed.
4, An action against the Surety or the Contractor or both, may be brought in the county in which the public building or public work is
being constructed or repaired or in any other place authorized by the provisions of Chapter 47, Florida Statutes.
5, The amount of this bond shall be changed only to the extent that the Contract Sum is changed in accord with applicable provisions
of the Contract for Construction.
6. Neither any change in or under the contract documents, nor any compliance or noncompliance with any formalities provided in the
contract or the change shall relieve the Surety of its obligations under this bond.
(Continued on back)
SIGNED AND SEALED THIS July 1-,,2002
]iiArtiO .
(Signature of Contractor) , ~elQ
~ 1\ [ ) Lill, (' o~OrawJ.!r~!l:d.1,A l, D
Traveler Casualty and Surety Campa ! Am~~c
V.,.,. Ie.
(Seal)
Sandra K. Wolf
(Type Name)
(' V'
ignature of Florida Resident Agent)
SaRra K. Wolf, Attorney in
Power of Attorney attacbed hereto
William L. Parker, 1/27/63
(Type Name & Date of Birth)
NOTES CONCERNING SURETY AND EXECUTION
A. SURETY COMPANY REQUIREMENTS
To be acceptable to the Department of Management Services, A Surety Company shall comply with all of the requirements of Article
2.4(5) of the Conditions of the Contract.
B. EXECUTION OF BOND
1. Enter the Surety Company's name and address on each copy of the Bond in the space provided.
2, Enter the date shown on page 1 of the Agreement in the space provided on each copy of the Bond.
3, Enter the date of execution on each copy of the Bond in the space provide'd. This date must be the same as the date shown on the
Agreement.
4. Have each copy of the Bond signed by the same person that signed the Agreement on behalf of the Contractor.. Type in that person's
name and title in the place provided on each copy of the Bond, and have one other individual witness that person's signature on each
copy of the Bond. Also, have the Contractor's Corporate Seal affixed to each copy of the Bond beside that person's signature (No
Facsimiles are acceptable),
5, Have each copy of the Bond signed by the person authorized to sign on behalf of the Surety Company. Type in that person's name in
the place provided on each copy of the Bond, and have one other individual witness that person's signature on each copy of the Bond.
Also, have the Surety Company's Corporate Seal affixed to each copy of the Bond beside that person's signature (No Facsimiles are
acceptable).
6. Have each copy of the Bond signed by a Florida Resident Agent (Reference Chapters 624.425 and 624.426 of the Florida Statutes).
Type in that person's name and Social Security number in the place provided on each copy of the Bond and have one other individual
witness that person's signature on each copy of the Bond. This may be the same person indicated in B.5 above, if this person is a
Florida Resident Agent and is also authorized to sign on behalf of the Surety Company as Attorney-In-Fact.
7. Each copy of the Bond must have a Power of Attorney attached indicating that the person in B,5 above is authorized to sign on behalf
of the Surety Company.
8, Each copy of the Power of Attorney must have the Surety Company's Corporate Seal and a Notary Seal either manually affixed or
they may utilize facsimile reproductions of the same.
9. If the date of execution of the Power of Attorney is not the same as the date shown on the Agreement, then the Power of Attorney
must be certified to still be in effect on the date shown on page I of the Agreement.
10, If the Bond is being backed by the Small Business Administration, then a certified true and correct copy of the Surety Bond Guarantee
Agreement, SBAForm 990, must be attached to each copy of the Bond.
CORPORATE ACKNOWLEDGMENT
Form 1 52
STATE OF
COUNTY OF
On this
day of
, 2002 before me personally came
to me known, who, being by me duly sworn, did depose and say that she/he resides in
Se.m ; I) 0 I e. 0.0 llrrbf that she/he is the
V,r;e, ~e.()t, I l:fnfat) rYh~~r ollhe
TLlrne, ~1)tlstn,l~O{) ~ilJnfJCiny
the corporation described in and which executed the above instrument that she/he knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that she /he
signed her/his name thereto by like order.
(SEAL)
.
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CONNIE $, VARGA
MY COMMISSION # DO 037839
EXPIRES: August 12, 2005
Oonded Thru Notary Public Underwriters
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this_18th
day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
she resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the corporation described in and which executed the above instrument; that she
knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said
corporation, and that she signed her name thereto by like order.
(SEAL)
/,,--', -
,/ i \;1 /~
(~1~A~~ t}'i-~'~6Id
ALICE McLAUGHLIN
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 28. 2003
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERiCA.
HARTFORD, CONNECTICUT 06183
FINANCIAL STATEMENT AS OF DECEMBER 31, 2001
CAPITAL STOCKS 6,000,000
ASSETS
LIABILITIES
CASH & INVESTED CASH
BONDS
STOCK
OTHER INVESTED ASSETS
INVESTMENT INCOME DUE
AND ACCRUED
PREMIUM BALANCES
REINSURANCE RECOVERABLE
FEDERAL INC. TAX RECOVERABLE
RECEIVABLE FOR SECURITIES
OTHER ASSETS
$ 269,672,132
1,430,940,059
24,341,582
15,301,281
18,456,823
88,755,113
9,922,230
UNEARNED PREMIUMS
LOSSES
LOSS ADJUSTMENT EXPENSES
ACCRUED EXPENSES AND OTHER
LIABILITIES
PROVISION FOR REINSU~NCE
$
TOTAL LIABILITIES
1,229,635,
821,734
12,822, n8
CAPITAL STOCK
PAID IN SURPLUS
OTHER SURPLUS
$ 6,CXXl,CXXl
303,297,4102
331,901,321
SURPLUS TO POLICYHOLDERS
641,198, 3
$ 1 871 033 7 2
TOTAL
$ 1 871 033 732
TOTAL
STATE OF CONNECTICUT
COUNTY OF HARTFORD
)SS.
CITY OF HARTFORD
CRAIG MENSE, BEING DULY SWORN, SAYS THAT HE IS A SENIOR VICE PRESIDENT, BOND, OF THE TRAVELERS
INDEMNITY COMPANY, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE
AND CORRECT !l.lAl~ENT OF THE FINANCIAL CONDmON OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2001.
. ....... P. N ...
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SUBSCRIBED AND SWORN TO BEFORE ME THIS
29TH DAY OF MARCH, 2OCl2 .
NOTARY PUBUC.. . '___, _,.
ur~DPlRESJUNESO, MJs
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YRA VELEH~ ~'ASUALTY A,i\'D SURIT::' COMP.4.NY OF AME:K'lC/,"
TRA \lELERS CASUALTY A.J\'D SURETY COJ\1YANY
FARMiNGTON CASUALTY COJ\1YANY
Hartford, Connecticut 06] 83-9062
PO\VER OF ATTORNEY AND CERTlFlCATE OF AUTHORlTY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Joseph Dabkowski, Jr., Alice McLaughlin, Adrianne Scalera, Kathleen M. Cristiano,
Sandra K Wolf, Ann Marie Keane, Geannine M. Marino, ofParsippany, New Jersey, their true and lawful Anomey(s)-in-Fact,
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the
following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to
bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: lbat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the COJpOrate Secretary or any Assistant Secretmy may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: lbat the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereofis filed in the office of the Secretary.
VOTED: lbat any bond, recognizance, contract of indemnity, or writing obligatoI)' in, the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnart, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretmy, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mecbanical or printed) under and by
autbority of tbe following Standing Resolution voted by the Boards of Directon of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: lbat the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
pwposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the futw"e with respect to any bond or
undertalcing to which it is attached.
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AM:ERICA, TRA LE_
CASUALTY AND SURETY COMPANY and FARMlNGTON CASUALTY COMPANY have caused this instrumen to
signed by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of February 2002.
STATE OF CONNECTICUT
}SS. Hartford
COwrY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
~~~.
George W. Thompson
Senior Vice President
By
On this 20th day ofFebnwy, 2002 before me personally came GEORGE W. THOMPSON to me known. who, being by me ul)
swom, did depose and say: that be/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPAN
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPA/'!\
corporations described in and which executed the above instnunent; that he/she knows the seals of said corporations; thal tilt; _,
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporatio by
authority of bislher office under the Standing Resolutions thereof.
'<Y\~ c. ~
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned.. Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERI A,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Autho 'ty
remains in full force and has not been revoked; and furthermore. that the Standing Resolutions of the Boards of Directors, as t
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 18TH
JULY ,2002.
..~~
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By . ~
Kori M. Johanson
Assistant Secretary, Bond
--j
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this_18th _day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
She resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
FEDERAL INSURANCE COMPANY
the corporation described in and which executed the above instrument; that she knows
the seal of said corporation; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said corporation, and
that she signed her name thereto by like order.
(SEAL)
~'~
NOTARY. ~
ALICE McLAUGHLIN
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES M~RCH 28.2003
. i r-.
b;:2r;~PA' i fNlc;! IR AN" 'Cb' r-O'M. -1F:.L.r~\/"
~ 1=::>~1i::::.:::" l:l ,~U= F. ~-\.d- -~ ~b ~. f/i. ,~O: _. l:.
STATEMENT OF ASSETS, LIABiliTIES AND SURPLUS TO POLICYHOLDERS
ASSETS
Cash and Short Term Investments ............. $
United States Government, State and
Municipal Bonds ......................................
Other Bonds ...............................................
Stocks.......................... ..... ,...................,.....
Other Invested Assets ................................
TOTAL INVESTMENTS ...........................
Investments in Affiliates:
Pacific Indemnity Company......................
Chubb Investment Holdings, Inc. .............
Executive Risk Indemnity Inc. ..................
Chubb Insurance Company of Europe .....
Great Northern Insurance Company........
CC Canada Holdings Ltd. ........................
Vigilant Insurance Company....................
Other Affiliates ............,.............................
Premiums Receivable .................................
Other Assets ............. ..................................
Statutory Basis
DECEMBER 31, 2001
(in thousands of dollars)
286,864
6,637,818
2,065,714
154,077
310,479
9,454,952
557,481
408,853
321,690
154,545
143,531
81,068
66,647
315,612
1,051,587
864,324
TOTAL ADMITTED ASSETS .................... $ 13,420,290
LIABILITIES
AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses .....
Unearned Premiums ....................................
Reinsurance Premiums Payable ..................
Provision for Reinsurance ............................
Other Liabilities ............., ...............................
$ 6,847,940
2,176,526
316,252
120,533
432,719
TOTAL LIABILITIES ...................................
9,893,970
Capital Stock ................................................
Paid-In Surplus .............................................
Unassigned Funds .....,.................................
20,980
1,174,928
2,330,412
SURPLUS TO POLICYHOLDERS ............
3,526,320
TOTAL LIABILITIES AND SURPLUS
TO POLICYHOLDERS ........................... $ 13,420,290
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $36,724 are deposited with govemment authorities as required by law.
Form 27-10-0073 (Rev, 4-(2)
A CORRECT STATEMENT:
~LL ~ ,f.r1}" f d
./ ~~<<Do/aAttome./-i~-Fact
Sandra K. Wolf {/
~ Chubb
~ Surety
POWER
OF
ATTORNEY
Federal Insurance Compan)~
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation; do each hereby constitute and appoint--------------------------------------
Joseph Dobkowski, Jr., Kathleen M. Cristiano, Alice McLaughlin, Adrianne Scalera, Sandra K. Wolf, Ann Marie Keane and Geannine M.
Marino of Parsippany, New Jersey-----------------------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver
for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail
bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or
alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
have each executed and attested these presents and affixed their corporate seals on this 8th day of Februarv 2002.
~C.d.../~ ~.t-LU~
Kennettl C, W<<Icl.,I. Aseilltant Sclcrel8ty Fraa RoINnlon. Va sidelll.
STATE OF NEW JERSEY~ ss,
County of Somerset
On this 8th day of Februarv ,2002, before me, a Notary Public of New Jersey. personally came Kenneth C. Wendel, to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to
the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed said Power of
Attomey as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said
Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto
.-"""","@.aidBY-Lawsandin deponent's p:::~ 1: ~
· ,,;;;. . NotaryPllblic. SllIIe of New Jer$eY~,. _
No.. 21839112
Notarial Seal Cla/MlISSIlln&pQi Nov. 18.2005
Notary Public
CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either
by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature
of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant
Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto
appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.. .
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY (the "Companies") do hereby certify that .
. (i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all SO of the United States of America and the District of
Columbia and are authorized by the U. S. Treasury Department; further, Nlderal and Vigilant are licensed in Puerto Rico and the U. S.
Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island;
and .
(iii) the foregoing Power of Attomey is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 18TH day of JULY 2002
Uc~
KennethC. Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF
ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
15.10-02258 (Ed, 4-99) CONSENT
-1
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF ESSEX
On this
18th _day of
July
, 2002, before me personally came
SANDRA K. WOLF to me known, who, being by me duly sworn, did depose and say that
She resides in RIVERDALE, NEW JERSEY that she is the ATTORNEY-IN-FACT OF THE
ZURICH AMERICAN INSURANCE COMPANY
the corporation described in and which executed the above instrument; that she
knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said
corporation, and that she signed her name thereto by like order.
(SEAL)
~~J1u~
NOTARY (
ALICE McLAUGHLIN
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 28, 2003
::'::;~l{'ir :\:\l!'_E';C.-~.\ ~>:.~;.T:
";:' ."'f",\. 1:,,' ,'>
As of December 31, 1001
'. ('()\I!':\H:\T!\'E E.\LP:U': SHEE'T
O:\E LlilEHTY PL..\Z.'\, 165 BlWAD\1,'A 1', 2STH FLOOR, NE\\' YORK, \y wonl>
j
12/31/2001
A"sels
Bonds
Common Stork
Prcli:rrcd Stock
Olherlnvesled AsselS
Rcceivilble for Securilies
Short-term Irl\'cslmcnts
Cash
Tolal Cash and lm'ested Assets
54,727.791.692
2,582,997,666
o
,13,957.372
o
o
930'cJ74.J46
8.284.821.076
Premiums Receivable
Funds Held with Reinsurers
Rcinsurnnce Rccoverahle
Accrued Inv~'SlIJJCI1l1rn:ome
federal Income Ta~ Rt'Co\'cl"able
Dlle from Affiliates
Other Assels
Total ^S5et~
2.140.198.644
1.006.913
554.83U.();4
53,452,007
()
104.539,36i
183,973.116
~11.422,821,176
UDbillties and Polk,'holders' Surplus
Liabililies:
Loss and LAI, Reserves
Loss Portfolio Transfer
Unearned Premium Reserve
Funds He]d with Reinsurers
Loss In Course of Payment
Conlingent Commission Rescrvc
Federullncomc Tal( Payable
Payable for Securilies
J'rovision lor Reinsurance
Reserve for Foreign F.xchange Adjustmenl
Cedc.-d Reinsurance Premiums Payable
Other UlIbililics
TOIllI Liabiliiies
$5,506,247,663
(448,924,549)
2.34I.b23.235
213.439.104
155,190.168
32,279.1195
9.283,586
122,229.091
77 .588,235
o
610,967.205
381,621,190
9,001,544,82]
l'olicyholders'Surplus:
Common Capilol Stock
Paid-In and Conlribuled Surplus
Cumulalivc Unrealized Gain/(Loss)
Cumulalive Statutory Adjuslmenl
Dividends Undeclared
Loss Pon/oli" Tr.lOs/cr A,"('oun!
Unassigned Surplus
TOlnl Policyholders' Surplus
5.000,OOlJ
2,198.131,141
(1.85U54.882)
(247,942569)
5.71 S,894
306.477.337
1.()(l;.14b.434
2.421,276,355
Tmol Liabiliries nnd I'nl;".,'hlllders' Sllr~I\J'
~11.122,S2117(o
h~I'II" I"nU\< IU.'\ add t\} Ih" 1''':11$ s;b.'>\~n ~IC' t(l r''1tndin~
12/3 J /2000
S5,I31,Ol2,820
1,321.1 ! 5.295
2.500.000
45,498,688
31,469,164
268,408.948
(120569.115)
7.679,435.800
1,155.465.619
1,006,913
486.27Q,043
60.691.592
1.817.1>48
47,S 16.;37
4li5.309.926
59.927,523 ,079
S5.419,154,827
(580,000,000)
1.629,966.391
519,841.010
19,680.688
23.015.943
f)
o
78.170.102
3,978,629
o
368,971,278
7.492.778.869
5,OOO,(1)(l
1,998. J 31.141
(1,789.340.508)
(359,862,31 ill
f,.11~.69()
2llO,(lOo.Of)n
1.2S4. 70 1.20.1
2.43~,74.1.2 ) n
$9.927.52;,079
I. DEi\N T. IlRUNER. Secrtl.11) IlfZ\lRICII AMERICAN INS\!R,\NCE C(J~II'!\NY "" h~rch.' ,~nil\
Ihnllh~ lilre~Ollll! ~lalelllelll i~ ~ mrrWI exhihilllf the assels nnd li~hilif,es of the s.,id t'Ulllp:lO\ "" the
31s1 day of o.."C~mh.:r, 201.ll, ac,'Ordin~ Inlh.: 1>.:51 of my in((umation, ~no\\'led~e and hclief
~T1~T .~
Slate of Illinois
(onnly"fConk
} 55:
SeCTlUnr;.'
Suhscribcd ;md S"11rn 10. bellm' me. :1 Nnlary J'ublic 01'111<: Slale ofIlli/W,is. in the CIII' ofScbaul11hurg,
Ihis 18th day url'chrllary, 2002.
"OFFICIAL SE.AJ."
MARLO G, MRABYN
Notarv J'ubiic St~.\c of III' .
. " .. .'lnOIS
{~1~ ~ommission Expircs 02/24/2004
\h' "'jlUIoQlllo-"ilm '....pih'''' h,ob"II~'n :-1. ,),.).~
the