Group Title: Historic St. Augustine: East Wing Restoration, Haas House
Title: [Research notes on East Wing Restoration]
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Permanent Link: http://ufdc.ufl.edu/UF00095487/00025
 Material Information
Title: Research notes on East Wing Restoration
Series Title: Historic St. Augustine: East Wing Restoration, Haas House
Physical Description: Research notes
Language: English
Physical Location:
Box: 8
Divider: Government House Maintenance
Folder: East Wing Restoration, Haas House
 Subjects
Subject: Saint Augustine (Fla.)
48 King Street (Saint Augustine, Fla.)
Government House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 48 King Street
Coordinates: 29.892465 x -81.313142
 Record Information
Bibliographic ID: UF00095487
Volume ID: VID00025
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


DIVISIONS


STATE OF FLORIDA
DEPARTMENT OF oA

GENERAL SERVICES ,
Larson Building, Tallahassee 32301

Thomas R. Brown, Executive Director

Date March 22, 1984


Clay Stratton, Contractor
A Sole Proprietorship
208 St. George Street
St. Augusti Florida 32084


U NOTICE TO
AND


fl-LI
:/ ...,


Gentlemen:


* ADMINISTRATION
* BOND FINANCE
* BUILDING CONSTRUCTION
AND PROPERTY MANAGEMENT
* COMMUNICATIONS


* ELECTRONIC DATA
PROCESSING
* MOTOR POOL
* PURCHASING
* SECURITY


* SURPLUS PROPERTY


Please address reply to:

512 Larson Building
Tallahassee, Florida


32301


CERTIFIED MAIL-RETURN RECEIPT REQUESTED


SECURE CONNECTION PERMITS
PAY REQUIRED FEES

RE: Project No. DOS-8375-A/8376-A
Haas House Renovation & Installation
of Concrete Floor Slab at Government
House East Wing
St. Augustine, Florida


Enclosed are the signed contract and surety bonds. You are, at this time, requested
to apply for and secure the following connection permits and pay required fees:

Building Permit; Electrical Permit; Plumbing Permit



Sixty (60) calendar days have been allocated for this purpose. After you have secured
all required permits, immediately advise the Architect/Engineer by telephone and in
writing. When the Project Director has been notified, by copy of your letter and a
telephone call, both from the Architect/Engineer, we will then issue the NOTICE TO
MOBILIZE ON SITE AND TO PROCEED WITH CONSTRUCTION.

Yours very truly,



Jack C. Koons, Administrator
Project Development Section

JCK/la

Enclosures Contract and Bond Construction Guide Bid Bond


xc: -Comptroller
Fiscal
Project Director-Nathan Nadler
Using Agency Repr. -Hector Miron /
Using Agency F & A-Lee Warner
Architect


Administrator (Design & Evaluation) Letter
Mr. John Dixon "
Bureau of Apprenticeship "


George Firestone
Secretary of State
Doyle Conner
Commissioner of Agriculture


Gerald A Lewis
Comptroller
Ralph D. Turlington
Commissioner of Education


Bob Graham
Governor


Jim Smith
Attorney General


Bill Gunter
State Treasurer






STATE OF FLORIDA


DEPARTMENT OF

GENERAL SERVICES
Larson Building, Tallahassee 32301

Ronald W. Thomas, Executive Director


DIVISIONS


* ADMINISTRATION
* BOND FINANCE
* BUILDING CONSTRUCTION
AND PROPERTY MANAGEMENT
* COMMUNICATIONS


* ELECTRONIC DAT/
PROCESSING
* MOTQ OOL
*PUR HAVING
* SECURITY


* SURPLUS PROPERTY


Please address reply to.
512 Larson Building


Mr. Wayne F. Betts, Director
Division of Building Construction
and Property Management
Department of General Services
Larson Building
Tallahassee, Florida 32301

RE: Project No. DOS-8375-A/8376-A
Haas House Renovation and Installation
of Concrete Floor Slab at Government
House East Wing
St. Augustine, Florida

Pursuant to Rule 13-1.15(26), Florida Administrative Code, the following is
hereby approved:

Acceptance of proposal dated February 21, 1984, award of contract and authority
to execute a contract for Haas House Renovation and Installation of Concrete
Floor Slab at Government House East Wing, St. Augustine, Florida, Project No.
DOS-8375-A/8376-A, contingent upon execution of the contract documents in ac-
cordance with the specifications with Clay Stratton, Contractor, a Sole Pro-
prietorship, 208 St. George St., St. Augustine, Florida 32084, the qualified
low bidder in the amount of $40,869.60, accepting the Base Bid, as concurred in
by the Department of State. Payment to be made from funds budgeted for this
purpose in Appropriation No. 1-725-8375.

Recommended by: Recommend by:





Project Director Chie/ u eau ol Construction


Recommended by:


APPROVED:


Director/ Division of Building
Construction & Property Management


Executive Director
Department 9f Ceneral Services
Dated: 3/7 / h 'I
I /


Georne Firestone
Secretary of State
UJoyle Connor
'ommrrissoner ot Aqriculture


Gerald A Lewis
Comptroller
Ralph D Turlington
Commissioner of Educatlon


Bob Graham
Governor


Jim Smith
Attorney General


Bill Gun'er
State Treasurer





STATE OF FLORIDA
DEPARTMENT OF

GENERAL SERVICES
Larson Building, Tallahassee 32301

Ronald W. Thomas, Executive Director


February 3, 1984


DIVISIONS


* ADMINISTRATION
* BOND FINANCE
* BUILDING CONSTRUCTION
AND PROPERTY MANAGEMENT
* COMMUNICATIONS


* ELECTRONIC DA
PROCESSING
MOki OL
PURCHASING
* SECURITY


SURPLUS PROPERTY

Please address reply to:
512 Larson Building


Mr. Wayne F. Betts, Director
Division of Building Construction
and Property Management
Department of General Services
531 Larson Building
Tallahassee, Florida 32301

RE: DOS-8375-A/8376-A
Government House East Wing Renovations
& Haas House Renovations
St. Augustine, Florida
Estimated Construction Cost: $40,125.00

Pursuant to Rule 13D-11.041(1)(a), Florida Administrative Code, the following is
hereby approved:

The requirement for execution of a Labor and Material Payment Bond and a Performance
Bond is hereby waived on the above-referenced project provided that the Contract Sum
does not exceed $100,000.00 and provided that the Contract Documents specify that no
part of the Contract Sum shall be paid until the project has been certified by the
Architect-Engineer to be finally completed and until the Contractor has furnished
proof to the Owner of payment for all materials, labor and subcontractor charges
expended.by him in performing the work.


Recommended by:


Z,


Recommended by:





Director, Division of Building
Construction & Property Management

cc: Bert Messer, Comptroller
Troy Reeves (DOS)
Mr. Howard Davis, Architect
Mr. Nathan Nadler (DGS)


Bob Graham
Governor


Jim Smith
Attorney General


Bill Gunter
State Treasurer




Chief, Bureau of Construction

APPROVED:


Executive Director
Department f General Services
Dated: /?/







George Firestone
Secretary of State


Doyle Conner
Commissioner of Agriculture


Ralph D. Turlington
Commissioner of Education


Recommended by:





Project Director


Gerald A Lewis
Comptroller


Fotr
















STATE OF FLORIDA


DEPARTMENT OF GENERAL SERVICES


AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION OF

STATE PROJECT NO. DOS-8375-A/8376-A

STATE APPROPRIATION NO. 1-725-8375

Name and Location


Haas House Renovation and

Installation of Concrete Floor Slab at Government
House East Wing
St. Augustine, Florida


Contractor

Clay Stratton, Contractor, a Sole Proprietorship

208 St. George St.

St. Augustine, Florida 32084

Architect-Engineer

Howard Davis Associates, Architects

115 Anastasia Boulevard

St. Augustine, Florida 32084

Bob Graham
estone, Governor bill


Secretary of State

Jim Smith,
Attorney General

Gerald A. Lewis,
Comptroller


Ronald w. Tnamas
Executive Director


Gunter, Treasurer and


Commissioner of Insurance

Doyle Conner, Commissioner
of Agriculture

Ralph D. Turlington,
Commissioner of Education


Georqe Fir








STATE OF FLORIDA


DEPARTMENT OF GENERAL SERVICES

FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION



THIS AGREEMENT made this 12th day of March in the
year Nineteen Hundred and eighty-four




BY AND BETWEEN THE DIVISION OF BUILDING CONSTRUCTION AND PROPERTY
MANAGEMENT, DEPARTMENT OF GENERAL SERVICES, STATE OF FLORIDA, herein-
after called the OWNER, and

Clay Stratton, Contractor, a Sole Proprietorship, 208 St. George St..

St. Augustine Florida 32084

Federal ID No.: 59-1915192
hereinafter called the Contractor.

The OWNER and the Contractor agree as set forth below.


ARTICLE 1. THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, conditions of the
Contract (General Supplementary and other Conditions), Drawings,
Specifications, all Addenda issued prior to execution of this Agreement
and all Modifications issued subsequent thereto. These form the
Contract, and all are as fully a part of the Contract as if attached
to this Agreement or repeated herein. An enumeration of the Contract
Documents appears in Article 8.

In the event of conflict in the provisions of said Contract Documents,
or any of them, the provisions of the basic contract which immediately
precede the signature of the parties shall control over the General
Conditions and Supplementary General Conditions, and the Supplementary
General Conditions shall control over the General Conditions of said
Standard Form A-201 of the American Institute of Architects.


ARTICLE 2. THE WORK

The Contractor shall perform all the Work required by the Contract
Documents for Haas House Renovation and Installation of Concrete Floor
Slab at Government House East Wing, St. Augustine, Florida, Project No.
DOS-8375-A/8376-A, for items specified in the Base Bid.


Page 1 of 8









THE ARCHITECT


The Architect for this project is Howard Davis Associates, Architects,
115 Anastasia Boulevard, St. Augustine, Florida 32084




ARTICLE 4. TIME OF COMMENCEMENT AND COMPLETION

4.1 The Work to be performed under this contract shall be
commenced within ten (10) calendar days after date of
Notice to Proceed to Mobilize on Site and to Proceed With
Construction, shall be substantially completed within
60 calendar days after date of Notice to Proceed,
and shall be finally completed within 30 calendar
days after the date of substantial completion.

4.2 Liquidated Damages for Failure to Complete on Time

Inasmuch as failure to complete the project within the time
fixed in Article 4 hereof will result in substantial injury
to the Owner, and as damages arising from such failure can-
not be calculated with any degree of certainty, it is hereby
agreed that if the project is not substantially completed,
according to the definition of "Substantial Completion" in
Article 8.3 hereof, or within such further time, if any, as
in accordance with the provisions of the Contract Documents
shall be allowed for such substantial completion, the Con-
tractor shall pay to the Owner as liquidated damages for such
delay, and not as a penalty, Fifty----------------
Dollars ($ 50,00 )
for each and every calendar day elapsing between the date
fixed for substantial completion in Article 4 hereof and the
date such substantial completion shall have been fully ac-
complished. It is also hereby agreed that if this project
is not finally completed, in accordance with the requirements
of the Contract Documents the Contractor shall pay to the
Owner as liquidated damages for such delay, and.not as a
penalty, one-fourth of the rate indicated above. Said li-
quidated damages shall be payable in addition to any excess
expenses or costs payable by the Contractor to the Owner under
the provisions of Article 14 of the General Conditions, and
shall not exclude the recovery of damages by the Owner under
other provisions of the Contract Documents, except for
Contractor's delays.

This provision for liquidated damages for delay shall in no
manner affect the Owner's right to terminate the Contract as
provided in Article 14 of the General Conditions or elsewhere
in the Contract Documents. The Owner's exercise of the right
to terminate shall not release the Contractor from his obli-


Page 2 of 8


ARTICLE 3.









gation to pay said liquidated damages in the amount set out
in Article 4.2 hereof.

It is further agreed that the Owner may deduct from the
balance retained by the Owner under the provisions of Article
4 hereof the liquidated damages stipulated herein or in
Article 4.3 as the case may be, or such portion thereof as
the said retained balance will cover.

4.3 Liquidated Damages When Owner Terminates Contract

The Owner is entitled to completion of the project within the
time fixed in Article 4 hereof or within such further time,
if any, as may be allowed in accordance within the provisions
of the contract. In the event of termination of the contract
by the Owner prior to completion as provided in Article 14.2
of the General Conditions or elsewhere in the Contract Docu-
ments, the Contractor shall be liable to the Owner for the
expenses for additional managerial and administrative services
provided in said Article 14 and also for the per diem liquidated
damages agreed upon Article 4.2 hereof.

(1) for each day he is in arrears in his work at the time of
said termination as determined by the Architect, and

(2) for each day of thirty (30) additional calendar days
hereby stipulated and agreed to be the time it will
require the Owner to effect another contract for com-
pletion of the project and for resumption of work thereon.

Provided, however, that the sum of (1) and (2) shall not exceed
the number of days beyond the original agreed completion date,
or any extension thereof as herein provided, reasonably re-
quired for completion of the project.

ARTICLE 5. CONTRACT SUM

The Owner shall pay the Contractor for the performance of the work, sub-
ject to additions and deductions by Change Order as provided in the
Conditions of the Contract, in current funds, the Contract Sum of

Forty Thousand Eight Hundred Sixty-nine and 60/100 ($40,869.60) Dollars


Page 3 of 8









PAYMENTS OF CONTRACT SUM


Payment of the Contract Sum, as altered by Change Orders or other condi-
tions of the Contract Documents, shall be made in the form of a warrant
issued after the Architect has certified the Project to be finally
completed and after the Contractor has furnished the Owner with proof
of payment for all materials, labor and subcontractor charges expended
in performing the work. No payments on the Contract Sum will be made
prior to this time.

ARTICLE 7. INDEMNIFICATION RIDER

In addition to the Contract Sum, the Owner shall pay the-Contractor ten
dollars for the Indemnification Rider prescribed in Section E-3 of the
Specifications. Application for Payment of the ten dollars shall be
submitted to the Owner by the Contractor simultaneously with the
Contractor's execution and delivery of the Contract to the Owner. Within
thirty (30) days from the Owner's receipt of said Application, the Owner
shall pay or cause to be paid to the Contractor the amount of ten dollars.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Terms used in the Agreement which are defined in the Conditions
of the Contract shall have the meaning designated in those
Conditions.

8.2 The Contract Documents, which constitute the entire Agreement
between the Owner and Contractor, are listed in Article 1 and
except for Modifications issued after execution of this
Agreement are enumberated as follows:

Specifications entitled, "Haas House Renovation and Installation
of Concrete Floor Slab at Government House East Wing, St. Augus-
tine, Florida, Project No. DOS-1-725-8375/8376," prepared by
Howard Davis Associates, Architects, consisting of sections as
R"'" listed in the table of contents.

Drawings entitled, "The Haas House, St. Augustine, Fla.," pre-
pared by Howard Davis, Architect, consisting of 5 sheets.

Drawings entitled, "Government House & The Haas House, St.
Augustine, Fla., prepared by Howard Davis, Architect, consisting
of 1 sheet.

Addendum No. 1, dated January 25, 1984, consisting of 1 page.

Addendum No. 2, dated February 10, 1984, consisting of 1 page,
plus 1 page of attachment.


Page 4 of 8


ARTICLE 6.









8.3 The Term "Substantial Completion" shall mean that the project
under this contract is sufficiently completed in accordance
with the Contract Documents, so that the Owner can occupy or
utilize the work or designated portions thereof for the use
for which it is intended, as expressed in the Contract Docu-
ments.

The term "Substantial Completion" shall not mean the inclusion
of such minor alterations and patching as the Final Inspection
shall disclose.

8.4 Claims and Disputes

8.4.1 Arbitration Provisions Deleted

The provisions of Articles 2.2.9, 2.2.12, 7.4, 7.4.1, 7.9,
7.9.1, 7.9.2 and 7.9.3 of the Standard Form American Institute
of Architects' AIA Document A-201 General Conditions of the
Contract for Construction, are hereby eliminated.

The purpose of deleting these provisions is to exclude in
their entirety each of the cited provisions, which related to
the arbitration of claims, so that the administrative remedy
provided in Article 8.4.3 of this Agreement shall be exclusive,
in lieu of arbitration proceedings.

8.4.2 Delays; Changes in the Work

Article 8.3.4 of the AIA General Conditions is deleted and
Contractor's remedies for delays in the progress of the Work,
or for changes in the Work, shall be limited to those provided
in this Article. The Contractor's exclusive remedy for delays
in performance of the contract caused by events beyond its
control shall be a claim for equitable adjustment in the
contract time; provided, however, inasmuch as the parties
expressly agree that overhead costs incurred by Contractor for
delays in performing the Work cannot be determined with any
degree of certainty, it is hereby agreed that in the event
Contractor is delayed in the progress of the Work after Notice
to Proceed to mobilize on site and to proceed with construction
for causes beyond its control and attributable only to acts or
omissions of Owner, Contractor shall be entitled to compensa-
tion for overhead and profit costs either (a) as a fixed per-
centage of the actual cost of the change in the Work, if the
delay results from a change in the Work, as calculated in
Section G, Supplementary General Conditions, or (b) if the
delay results from other than a change in the Work, at an
amount for each day of delay calculated by dividing an amount
equal to 7.5 % of the original contract sum by the number
of calendar days of the original contract time.

In the event of a change in the Work, Contractor's claim for


Page 5 of 8









adjustments in contract sum are limited exclusively to its
actual costs for such changes plus fixed percentages for
overhead, additional profit and bond costs, as specified in
Section G.

The foregoing remedies for delays and changes in the Work are
to the exclusion of, and thus eliminate, the total cost con-
cept (that is, computing Contractor's additional costs for
changes in Work or for the costs of a delay in the progress of
original estimate, see McDevitt & Street Company v. Department
of General Services State of Florida, So. 2d, (Fla. 1st DCA
1979)) as a method of determining Contractor's costs associated
with a change in the Work or with delay in the progress of the
Work.

No provision of this contract shall be construed as a waiver
of sovereign immunity by the Owner.

No provision of the Contract Documents makes or is intended to
make provision for recovery by Contractor of damages for delay
or for breach of contract. All claims, disputes or contro-
versies under this contract shall be determined and settled as
provided in Article 8.4.3 of this Agreement. No claim for
breach of contract shall be submitted, determined or settled
under Article 8.4.3 of this Agreement.

8.4.3 Exclusive Claims Provision

The provisions of Chapter 13-4, Florida Administrative Code to
the extent not inconsistent with this Article are referred to
and adopted by reference and shall govern procedures for
claims.

Under the terms of this contract, the Contractor shall not have
any right to compensation other than, or in addition to, that
provided by this contract to satisfy any claim for costs,
liabilities or debts of any kind whatever resulting from any
act or omission attributable to the Owner unless Contractor has
provided notice as required by Article 8 or 12 of the AIA
General Conditions and unless the claim therefore is delivered
to the Owner. All such claims shall be set forth in a petition
stating:

1. Name and business address of the claimant.

2. A concise statement of the ultimate facts, including the
statement of all disputed issues of material fact, up.on
which the claim is based.

3. Concise statement of the provisions of the contract to-
gether with any federal, state and local laws, ordinances
or code requirements or customary practices and usages in


Page 6 of 8









the industry asserted to be applicable to the questions
presented by the claim and a demand for the specific relief
believed to be due the claimant.

4. The date of the occurrence of the event giving rise to the
claim and the date and manner of Contractor's compliance
with the notice requirements of Article 8 or 12 of the
AIA General Conditions.

Within thirty (30) days from the date any such claim is received,
the Owner shall deliver to the Contractor its written determina-
tion on the claim. Unless the Owner's determination is agreed
to by the Contractor and a consent order adopting the determina-
tion is entered within thirty (30) days of receipt of the Owner's
determination, the Executive Director of the Department of
General Services shall designate a hearing officer who shall
conduct a proceeding in accordance with Chapter 13-4, F.A.C.

The Contractor shall carry on the Work and maintain the progress
schedule during any administrative proceeding unless otherwise
agreed by the Contractor and the Owner in writing.

8.4.4 Interest Provision Deleted

Article 7.8.1 of the General Conditions of the Contract for
Construction, AIA Document A-201, August 1976 edition, relating
to interest is deleted. Any monies not paid when due to either
party under this contract shall not bear interest except as may
be required by Section 215.422(3)(b), Florida Statutes (1981).

8.5 Harmony

Contractor is advised and hereby agrees that he will exert every
reasonable and diligent effort to assure that all labor employed
by Contractor and his Subcontractors for Work on the project
shall work in harmony with and be compatible with all other
labor being used by building and construction contractors now or
hereafter on the site of the Haas House Renovation and Installa-
tion of Concrete Floor Slab at Government House East Wing, Project
No. DOS-8375-A/8376-A

Contractor further agrees that this provision will be included in
all subcontracts of the Subscontractor as well as in the Con-
tractor's own contract; provided, however, that this provision
shall not be interpreted or enforced so as to deny or abridge, an
account of membership or non-membership in any labor union or
labor organization, the right of any person to work as guaranteed
by Article 1, Section 6 of the Florida Constitution.

8.6 Apprentices

If the Contractor employs apprentices on the project, the behavior


Page 7 of 8









of the Contractor and the Owner shall be governed by the
provisions of Chapter 446, Florida Statutes, and by applicable
standards and policies governing apprentice programs and agree-
ments established by the Division of Labor of the State of
Florida Department of Labor and Employment Security. The Con-
tractor will include a provision similar to the foregoing
sentence in each subcontract.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written above.

CONTRACTOR


AS WITNESSED BY



AS WITNESSED BY

S)Lj ,, 0 / _O


Clay Stratton, Contractor, a Sole
Proprietorship

By,
(Cla trattn
Sole- roprietor
(Name & Title)


Fo William A. Scaringe, P. E., Chief
Bureau of Construction
Recommended for Approval and Signature


____ Divisi f Building Construction
-Ronald W. Thomas, Executive Director and rope ty Management
Department of General Services pa tmen f General Services


APPROVED AS TO FORM AND LEGALITY A /A
Robert J Boerema, Director
General Counsel Divi ion of Building Construction
Department of General Services an Property Management


l~ i

As Witnessed by

s--


Page 8 of 8




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