12/18/2002 Agreement
Clerk oldie
eircol eoon
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305)295-3663
e-mail: phancock@monroe-c1erk.com
Memnranduin
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
FROM:
Pamela G. Hanc~
Deputy Clerk U
DATE:
December 31, 2002
At the December 18, 2002, Board of County Commissioner's meeting the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County and A. Herrmann Associates, Inc., DBA Associates Roofing, for the Marathon
Courthouse Roof Replacement project, and waiver of a technicality of the submission after the
sealed were opened of a supplementary form requested in the RFB but not affecting the base bid.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
County Attorney
Finance
File/
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
made as of the Eighteenth day of December in the year of TWO THOUSAND TWO
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
A. Herrmann Associates Inc., DBA Associates Roofing
2351 Thomas Street
Hollywood, FL 33020
For the following Project: Marathon Courthouse Roof Replacement
(Include detailed description of project, 3117 Overseas Highway
location, address and scope) Marathon, FL 33040
Replacement of roof and miscellaneous related items.
The Construction Manager is:
(Name and address)
Stephanie Coffer
Monroe County Construction Management
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Architect is:
(Name and Address)
William P. Horn, Architects
915 Eaton Street
Key West, FL 33040
The Owner and Contractor agree as set forth below.
12/11/02 8:38 AM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is
made for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial
Completion of certain portions of the Wor!<, if not stated elsewhere in the Contract Documents.)
Forty-Five (45)
calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time)
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of Seventy Nine Thousand Five Hundred Dollars /100 Dollars ($79.500.00), subject to
additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent
to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
12/05/02 1: 38 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
4.3 Unit prices, if any, are as follows:
a. Prefabricated vent curbs: $350 unit price per prefabricated vent curb.
b. Plywood Sheathing replacement: $10 per sq. ft. of sheathing.
c. Asphalt shingle replacement (including 15 lb. felt under shingles): $3.00 per sq. ft. of shingles & 15 Ib
felt.
d. Concrete deck crack repair using epoxy injection methods. $85 unit price per lineal ft. of crack.
e. Concrete deck spalling repair: $85 unit price per sq. ft. of repair 3" or less
f. Plumbing vent stack relocation (to be 10 minimum from any fresh air in-take)$350 unit price to move
a vent stack approx. 5 ft during the reroofing process.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner
shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere
in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day
of the month, or as follows:
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day
of a month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same
month. If an Application for Payment is received by the Construction Manager after the application date fixed
above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives
the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying
the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that
portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination
of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment.
The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in a change the allowance for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
12/05/02 1 :38 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified
under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninetv
percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such
reduction or limitations)
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the
Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project
is located.
(Insert rate of interest agreed upon, if any)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at
the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.
Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or
waivers.)
7.3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.)
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
12/05/021:38 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
OCTOBER 2002 , and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project and as
written on Sheet A-3 of the drawings.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
A-1 Site Plan and Details 9/23/02
A-2 Roof Plan and Details 9/23/02
A-3 Details and Specifications 9/23/02
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
November 12, 2002
Pages
3
12/05/02 1: 38 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding
requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the
contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Ccmstruction Manager and Architect for use in the administration of the Contract, and the
remainder to the Owner.
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AtteSt: DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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CONTRACTOR
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END OF SECTION 00500
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12/05/02 1 :38 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6
Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
01/23/02 9:20 AM
General Conditions of the Contract for Construction
00750-1
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1,1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor (hereinafter), Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to
execution of the Contract, other documents listed in the Agreement and Modifications issued
after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in
the Agreement, the Contract Documents do not include other documents such as bidding
requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding requirements).
1.1.2 The Contract: The Contract Documents form the Contract for Construction. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a Modification. The Contract Documents shall
not be construed to create a contractual relationship of any kind (1) between the Architect and
Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect
and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5)
between any persons or entities other than the Owner and Contractor. The Construction
Manager and Architect shall, however, be entitled to performance and enforcement of
obligations under the Contract intended to facilitate performance of their duties,
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1,1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by the Construction Manager.
1,1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1,1,6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
01/23/02 9:20 AM
General Conditions of the Contract for Construction
00750-2
1.2,2 Execution of the Contract by the Contractor is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1,2,3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade,
1,2,5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2,6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work,
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author of them and will retain all
common law, statutory and other reserved rights, in addition to the copyright. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work, The Drawings, Specifications and other
documents prepared by the Architect, and copies thereof furnished to the Contractor, are for
use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for use in the execution of their Work
under the Contract Documents, All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and other documents prepared
by the Architect. Submittal or distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as publication in derogation of
the Architect's copyright or other reserved rights,
1.3,2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, all copies of Drawings and Specifications reasonably necessary for the
execution of the Work.
1.4 Capitalization
1.4.1 Terms capitalization in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects,
01/23/02 9:20 AM
General Conditions of the Contract for Construction
00750-3
1.5 Interpretation
1.5,1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to
throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through the Construction Manager, shall secure and pay for the
building permit.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2,2,5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2,6 The Owner shall forward all communications to the Contractor through the Construction
Manager and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds),
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements
of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work
in accordance with the Contract Documents, the Owner, by written order signed personally or
by an agent specifically so empowered by the Owner in writing, may order the Contractor to
stop the Work, or any portion thereof, until the cause for such order has been eliminated;
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
01/23/029:20 AM General Conditions of the Contract for Construction
00750-4
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for the Construction Manager's and Architect's and their
respective consultants' additional services and expenses made necessary by such default,
neglect or failure, Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect, after consultation with the Construction Manager, If
payments then or thereafter due the Contractor are not sufficient to cover such amounts, the
Contractor shall pay the difference to the Owner, In the event of clean-up issues, Owner has
right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of
a serious nature, as determined by the Construction Manager, notice will be given, and
contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3,1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
3,1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by the Construction Manager, and that
are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3,2,1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2,2 and shall at
once report to the Construction Manager and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to the Construction Manager and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction,
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to the Construction Manager and Architect at once.
01/23/029:20 AM
General Conditions of the Contract for Construction
00750-5
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3,3,1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of
the Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3,3,2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor,
3.3,3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the Construction Manager or
Architect in their administration of the Contract, or by test, inspections or approvals required or
performed by persons other than the Contractor,
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4,1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4,2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4,3 The Contractor is responsible for the conduct of his employees at all times, Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor employee is determined to be detrimental to the Project, as deemed by the
Construction Manager, the Contractor will remove and/or replace the employee at the request
of the Construction Manager. Employees dismissed from the project will be transported from
the job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with the Construction Manager, if
01/23/029:20 AM
General Conditions of the Contract for Construction
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required, to accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective.
The Contractor's warranty excludes remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage. If required by the Construction
Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
3.6 Taxes
3,6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or
portions thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received, The Owner will not assess any County building permit or County impact
fees. The Contractor will be responsible for any other building permit costs or impact fees
required for this project. The Contractor shall secure and pay for all building and specialty
permits including plumbing, electrical, HV AC, etc.
3.7,2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3,7,3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3,7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to the Construction Manager,
Architect and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
01/23/029:20 AM General Conditions of the Contract for Construction 00750-7
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to the Construction Manager and shall not be changed
except with the consent of the Construction Manager, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ,
3.10 Contractor's Construction Schedule
3.10,1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and the Construction Manager's approval a
Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits
current under the Contract Documents, shall be revised as appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
and practicable execution of the Work, This schedule, to be submitted within seven (7) days
after Contract Award, shall indicate the dates for the starting and completion of the various
stages of construction, shall be revised as required by the conditions of the Work, and shall be
subject to the Construction Manager's approval.
3.10,2 The Contractor shall cooperate with the Construction Manager in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work of
other Contractors or the construction or operations of the Owner's own forces,
3,10.4 The Contractor shall conform to the most recent schedules.
3,10,5 The Construction Manager will conduct a weekly scheduling meeting which the
Contractor shall attend, At this meeting, the parties can discuss jointly such matters as
progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11,1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Construction Manager and Architect and shall be delivered to the Construction
Manager for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work,
3,12,3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
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given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4,6,12.
3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in
accordance with the schedule and sequence approved by the Construction Manager, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with the Construction Manager in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors, Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3,12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by the Construction Manager and Architect. Such Work shall be in accordance
with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents,
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the Construction Manager's and Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically
informed the Construction Manager and Architect in writing of such deviation at the time of
submittal and the Construction Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions
in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's
and Architect's approval thereof.
3.12,9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by the Construction Manager and Architect on previous submittals,
3.12,10 Informational submittals upon which the Construction Manager and Architect are
not expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the Construction Manager and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to the
Construction Manager for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber the site
with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, the Construction Manager before using any portion of the site.
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3.14 Cutting and Patching
3,14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required,
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Construction Manger, Owner and such other contractors: such consent shall not
be unreasonably withheld, The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work,
When structural members are involved, the written consent of the Architect/Engineer shall also
be required. The Contractor shall not unreasonably withhold from the Construction Manager or
any separate contractor his consent to cutting or otherwise altering the Work.
3,14,3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface,
3.15 Cleaning Up
3,15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Construction Manager.
3,15.2 If the Contractor fails to clean up as provided in the Contract Documents, the
Construction Manager may do so with the Owner's approval and the cost thereof shall be
charged to the Contractor,
3.16 Access to Work
3,16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to
the Work in preparation and progress wherever located,
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend
suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager
and Architect harmless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason
to believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
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3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10,00) of remuneration paid to the Contractor is for the indemnification provided for the
above, The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.2 Construction Manager
4.2.1 The Construction Manager is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Construction Manager" means the Construction Manager or the Construction Manager's
authorized representative,
4.3 Duties, responsibilities and limitations of authority of the Construction Manager and
Architect as set forth in the Contract Documents shall not be restricted, modified or extended
without written consent of the Owner, Construction Manager, Architect and Contractor.
Consent shall not be unreasonably withheld,
4.4 In case of termination of employment of the Construction Manager or Architect, the
Owner shall appoint a construction manager or architect against whom the Contractor makes
no reasonable objection and whose status under the Contract Documents shall be that of the
former construction manager or architect, respectively,
4.6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. The Construction Manager and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 The Construction Manager will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
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4.6,3 The Construction Manager will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and Construction
Manager and Owner in reviewing their construction schedules when directed to do so. The
Contractor shall make any revisions to the Construction schedule deemed necessary after a
joint review and mutual agreement. The construction schedules shall constitute the schedules
to be used by the Contractor, other Contractors, the Construction Manager and the Owner until
subsequently revised.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to
determine in general if the Work is being performed in a manner indicating that the Work, when
completed, will be in accordance with the Contract Documents. However, the Architect will not
be required to make exhaustive or continuous onsite inspections to check quality or quantity of
the Work, On the basis of on-site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to guard the Owner against defects
and deficiencies in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have
control over or charge of and will not be responsible for construction means, method,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the Work, since these are solely the Contractor's responsibility as provided in Paragraph
3,3, and neither will be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents, Neither the Construction Manager nor the Architect
will have control over or charge of or be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions of
the Work.
4,6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through the Construction Manager, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and
with Subcontractors and material suppliers shall be through the Contractor. Communications
by and with other Contractors shall be through the Construction Manager and shall be
contemporaneously provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. The Architect will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application and Project
Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the
Architect will submit the Project Application and Project Certificate for Payment, along with the
applicable Contractors' Applications and Certificates for Payment, to the Construction Manager.
4,6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, and the certifications of the Construction Manager, the Architect will review and
certify the amounts due the Contractors and will issue a Project Certificate for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying the Construction Manager. Subject to review by the Architect,
the Construction Manager will have the authority to reject Work which does not conform to the
Contract Documents. Whenever the Construction Manager considers it necessary or advisable
for implementation of the intent of the Contract Documents, the Construction Manager will have
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General Conditions of the Contract for Construction
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authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5,2 and 13.5,3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6,18 through 4.6,20 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's
authority to act under this Subparagraph 4,6.10 nor a decision made by either of them in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect or the Construction Manager to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to the Construction Manager those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3,5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures, The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change
Directives,
4,6.14 Following consultation with the Construction Manager, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Architect will forward to the Construction Manager a final Project Application
and Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site, The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Construction Manager,
Owner or Contractor. The Architect's response to such requests will be made with reasonable
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promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6,19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4,6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice, The responsibility to substantiate Claims
shall rest with the party making the claim.
4,7.2 Decision of Architect. Claims, including those alleging an error or omission by the
Construction Manager or Architect, shall be referred initially to the Architect for action as
provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4,8.4,
shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1)
whether such matters relate to execution and progress of the Work or (2) the extent to which
the Work has been completed. The decision by the Architect in response to a Claim shall not
be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits,
(3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days
after the Claim is made, (4) 45 days have passed after the Claim has been referred to the
Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims, Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4,7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
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4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for,
performance of any part of the Work, will recommend and equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in
the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in
writing, stating the reasons. Claims by either party in opposition to such determination must be
made within 21 days after the Architect has given notice of the decision, If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4,8.
4,7,7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work, Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) Not
Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure
of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure
established herein.
4.7.8 Claims for Additional Time.
4,7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given,
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable,
written notice of such injury or damage, whether or not insured, shall be given to the other party
within a reasonable time not exceeding 21 days after first observance, The notice shall provide -
sufficient detail to enable the other party to investigate the matter, If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary
actions within ten days of receipt of a Claim: (1) request additional supporting data from the
claimant, (2) submit a schedule to the parties indicating when the Architect expects to take
action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend
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approval of the Claim by the other party or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of the nature and amount of the Claim,
4,8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate
docu mentation,
4.8,3 If a Claim has not been resolved, the party making the Claim shall. within ten days after
the Architect's preliminary response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify
the Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Architect, the Architect will notify the
parties in writing that the Architect's decision will be made within seven days, which decision
shall be final and binding on the parties, Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change
in the Contract Sum or Contract Time or both, If there is a surety and there appears to be a
possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety
and request the surety's assistance in resolving the controversy.
4,8.5 Court Determination of Claims/Disputes, Any claim or dispute that the parties are
unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th
Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site, The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors,
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site, The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Construction Manager for review by the Owner, Construction Manager and Architect the names
of persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work, The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction
Manager or Architect, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of
no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Construction Manager or Architect has made reasonable and timely objection. The Contractor
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shall not be required to contract with anyone to whom the Owner, Construction Manager, or
Architect has made reasonable objection.
5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution,
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Construction Manager or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to
be bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these Documents,
assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement
shall preserve and protect the rights of the Owner, Construction Manager and Architect under
the Contract Documents with respect to the Work to be performed by the Subcontractor so that
subcontracting thereof will not prejudice such rights, When appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, copies of the Contract
Documents which the Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract
agreement which may be at variance with the Contract Documents, Subcontractors shall
similarly make copies of applicable portions of such documents available to their respective
proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14,2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by the Construction Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
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operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6,1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by the Construction
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Construction Manager shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to the Construction Manager
and Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other Contractors' completed or
partially completed or partial completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6,2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the party responsible therefor.
6,2,4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2,5,
6.2.5 Claims and other disputes and matters in question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6,2,6 The Owner and other Contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3,14,
6,2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to the Construction Manager
within (72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Construction
Manager for an increase in the Contract price, nor a claim against the Owner or Construction
01/23/029:20 AM General Conditions of the Contract for Construction 00750-18
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time,
6.3 Owner's Right to Clean Up
6,3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7,1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Construction
Manager, Architect and Contractor; a Construction Change Directive require agreement by the
Owner, Construction Manager and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7,1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted,
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by the Construction Manager and
signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement
upon all of the following:
,1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined
in one or more of the following:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
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.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3,
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7,2.2 is agreed upon, the
Contractor, provided a written order signed by the Owner or Construction Manager is received,
shall promptly proceed with the Work involved. The cost of such Work shall then be
determined by daily force accounts in a form acceptable to the Owner and Construction
Manager. The daily force account forms shall identify Contractor and lor Subcontractor
personnel by name, total hours for each man, each piece of equipment and total hours for
equipment and all material(s) by type for each extra Work activity claim, Each daily force
account form shall be signed by the designated Construction Manager's representative no later
than the close of business on the day the Work is performed to verify the items and hours
listed. Extended pricing of these forms shall be submitted to the Construction Manager with all
supporting documentation required by the Construction Manager for inclusion into a change
order. Unless otherwise provided in the Contract Documents, cost shall be limited to the
following: cost of materials, including sales tax and cost of delivery; cost of labor, including
social security, old age and unemployment insurance, and fringe benefits required by
agreement or custom; works' or workmen's compensation insurance; and the rental value of
equipment and machinery, Markups for overhead and profit will be in accordance with
subparagraph 7,2.4, Pending final determination of cost, payments on account shall be made
as determined by the Construction Manager, The amount of credit to be allowed by the
Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will
be the amount of the actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in anyone change, the
allowance for overhead and profit shall be figured on the basis of the net increase, if any with
respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance, No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax, If deductions
are ordered the credit shall be the net cost. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all
general home/field office expenses. The actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five
percent (5%);
.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not
perform the Work, the maximum mark-up for managing this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only.
If the Contractor performs part of the actual Work, his percentage mark-up for overhead and
profit shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an
itemized breakdown of the quantities and prices used in computing the value of any change that
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might be ordered. Any additional supporting documentation requested by the Construction
Manager such as certified quotations or invoices shall be provided by the Contractor to the
Construction Manager at no additional cost to the Owner,
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager,
by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the
Construction Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10,3.
.1 The written notice to the Construction Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
,2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor,
7.2,7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents, Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2,3 for any dispute or
claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
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General Conditions of the Contract for Construction
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8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work,
8,2,2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance,
8,2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time,
8.3 Delays and Extensions of Time
8.3,1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Construction Manager, or by any other cause which the Construction
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as the Construction Manager may determine, in
accordance with subparagraph 6.2.7,
8.3,2 Any claim for extension of time shall be made in writing to the Construction Manager not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6,2,7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3,3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8,3 or for other changes in the
Construction Schedules,
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8,1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected,
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1,1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
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9.2 Schedule of Values
9,2,1 Before the first Application for Payment, the Contractor shall submit to the Architect,
through the Construction Manager, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as the
Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Construction Manager an itemized Application for Payment for
Work completed in accordance with the schedule of values. Such application shall be
notarized, if required, and supported by such data substantiating the Contractor's right to
payment as the Owner, Construction Manager or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for
elsewhere in the Contract Documents,
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned
upon compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall Include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site,
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons
or entities making a claim by reason of having provided labor, materials and equipment relating
to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating
that title will so pass, upon their receipt of payment from the Contractor, The warranties are for
the administrative convenience of the Owner only and do not create an obligation on the part of
the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons
must seek payment from the Contractor or his public construction bond surety only.
9.4 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by
combining the Contractor's applications with similar applications for progress payments from
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other Contractors and, after certifying the amounts due on such applications, forward them to
the Architect within seven days.
9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment,
the Construction Manager and Architect will either issue to the Owner a Project Certificate for
Payment, with a copy to the Contractor, for such amount as the Construction Manager and
Architect determine is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part
as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the
Construction Manager.
9.4,3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will constitute representations made separately by the Construction Manager and Architect to
the Owner, based on their individual observations at the site and the data comprising the
Application for Payment submitted by the Contractor, that the Work has progressed to the point
indicated and that, to the best of the Construction Manager's and Architect's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Construction Manager or Architect. The
issuance of a separate Certificate for Payment or a Project Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a separate Certificate for Payment or a Project Certificate for
Payment will not be a representation that the Construction Manager or Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed the Contractor's construction means, methods, techniques, sequences or procedures,
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum,
9.5 Decisions to Withhold Certification
9.5,1 The Construction Manager/Architect may decline to approve an Application for Payment
if, in his opinion, the application is not adequately supported, If the Contractor and Construction
Manager cannot agree on a revised amount, the Construction Manager shall process the
Application for the amount he deems appropriate. The Construction Manager may also decline
to approve any Application for Payment or, because of subsequently discovered evidence or
subsequent inspections, he may nullify, in whole or part, any approval previously made to such
extent as may be necessary in his opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another
contractor working at the project; (6) reasonable evidence that the Work will not be completed
within the contract time; (7) persistent failure to carry out the Work in accordance with the
Contract Documents.
.1 No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, within all the requirements of Article 11, have been
filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be
made for amounts previously withheld.
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9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for
Payment, the Owner shall make payment in the manner and within the time provided in the
Contract Documents, and shall so notify the Construction Manager and Architect. From the
total of the amount determined to be payable on a progress payment, ten percent (10%) of
such total amount will be deducted and retained by the Owner until final payment is made. The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
certified for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by the Construction Manager to be a part of the final quantity for the item of
Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6,2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from
the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion
of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Construction Manager and Architect on account of portions
of the Work done by such Subcontractor,
9,6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay
or to see to the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6,5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents,
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver to the right of the Owner
or Construction Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all
materials, tools, and other expendable equipment which are delivered at the site of the Project.
The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar
month in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by is Subcontractor interest therein. The
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Contractor shall, by an appropriate agreement with each Subcontractor, also require each
Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8,1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use,
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be
completed or corrected, The Contractor shall proceed promptly to complete and correct items
on the list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Architect, assisted by the Construction Manager, will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the list, which is not in
accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Architect. The Contractor shall then submit a request for another inspection
by the Architect, assisted by the Construction Manager, to determine Substantial Completion,
When the Work or designated portion thereof is substantially complete, the Architect will
prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate, Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion, The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate,
9.8,3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Construction Manager and Architect, the
Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents,
9.9 Partial Occupancy or Use
9,9,1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under
Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work.
Such partial occupancy or use may commence whether or not the portion is substantially
complete, provided the Owner and Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities,
damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents.
When the Contractor considers a portion substantially complete, the Contractor and
Construction Manager shall jointly prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2, Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld, The stage of the progress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no agreement is reached, by decision of
the Architect after consultation with the Construction Manager.
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9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager,
Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to
be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9,10,1 Upon completion of the Work, the Contractor shall forward to the Construction Manager
a written notice that the Work is ready for final inspection and acceptance and shall also
forward to the Construction Manager a final Contractor's Application for Payment. Upon
receipt, the Construction Manager will forward the notice and Application to the Architect who
will promptly make such inspection, When the Architect, based on the recommendation of the
Construction Manager, finds the Work acceptable under the Contract Documents and the
Contract fully performed, the Construction Manager and Architect will promptly issue a final
Certificate for Payment stating that to the best of their knowledge, information and belief, and
on the basis of their observations and inspections, the Work has been completed in accordance
with terms and conditions of the Contract Documents and that the entire balance found to be
due the Contractor and noted in said final Certificate is due and payable. The Construction
Manager's and Architect's final Certificate for Payment will constitute a further representation
that conditions listed in Subparagraph 9,10.2 as precedent to the Contractor's being entitled to
final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through the Construction Manager (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final payments currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required by the
Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the
Owner, other data establishing payment or satisfaction of obligations, such as receipts,
releases and waivers of liens, claims, security interests or encumbrances arising out of the
Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor
refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien,
9.10,3 If, after Substantial Completion of the Work. final completion thereof is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting final
completion, and the Construction Manager and Architect so confirm, the Owner shall, upon
application by the Contractor and certification by the Construction Manager and Architect, and
without terminating the Contract, make payment of the balance due for that portion of the Work
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bond have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect through the Construction Manger prior to certification of such payment. Such
payment shall be made under terms and conditions governing final payment, except that it shall
not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5,
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-27
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect or Construction Manager that the subcontractors and materialmen have been paid is
for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's
Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts
with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to the Construction Manager for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Construction Manager and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless,
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner
and Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent
any Work relating to asbestos or polychlorinated biphenyl (PCB),
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the
same manner described in Subparagraph 10,1,2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in
the event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor, the Construction Manager and the Architect will promptly reply to
the Owner in writing stating whether or not any of them has reasonable objection to the persons
or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an
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objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor, the Construction Manager and the Architect have no reasonable
objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,
or by anyone for whose acts they may be liable and for which the Contractor is responsible
under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or
omissions of the Owner, Constructions Manager or Architect or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner,
Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
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General Conditions of the Contract for Construction
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or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at their own expense, insurance as
specified in the attached schedules, which are made part of this Agreement. The Contractor
will ensure that the insurance obtained will extend protection to all subcontractors engaged by
the Contractor. As an alternative the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties
and failure to perform assessments shall be imposed as if the Work commenced on the
specified date and time, except for the Contractor's failure to provide satisfactory evidence.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11 .1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
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General Conditions of the Contract for Construction
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11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain
Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm,
Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods.
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis. The completed value is defined as all material, labor,
supplies, and equipment intended to be incorporated in and to become a permanent part of the
completed facility. The facility as defined for this paragraph includes structures as defined in
the contract drawings and specifications. Property located on the construction premises, which
is intended to become a permanent part of the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner in this section as a guarantee for the faithful performance of the
Contract (including guarantee and maintenance provisions) and the payment of all obligations
arising thereunder. The Public Construction Bond shall be in an amount at least equal to the
contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes,
which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if
required in writing by either, be uncovered for their observation and be replaced at the
Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction -Manager or Architect
has not specifically requested to observe prior to its being covered, the Construction Manager
or Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement
shall, by appropriate Change Order, be charged to the Owner, if such Work is not in
accordance with the Contract Documents, the Contractor shall pay such costs unless the
condition was caused by the Owner or one of the other Contractors in which event the Owner
shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or
Architect or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
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completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for the Construction Manager's and
Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reasonable time fixed by written notice
from the Architect issued through the Construction Manager, the Owner may remove it and
store the salvable materials or equipment at the Contractor's expense, if the Contractor does
not pay costs of such removal and storage within ten days after written notice, the Owner may
upon ten additional days' written notice sell such materials and equipment at auction or at
private sale and shall account for the proceeds thereof, after deducting costs and damages that
should have been borne by the Contractor, including compensation for the Construction
Manager's and Architect's services and expenses made necessary thereby, if such proceeds of
sale do not cover costs which the Contractor should have borne, the Contract Sum shall be
reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient
to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph
12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
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General Conditions of the Contract for Construction
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ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Construction Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and
signed by an authorized representative of the Contractor. The correspondence shall be
directed to:
Stephanie Coffer
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
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General Conditions of the Contract for Construction
00750-33
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the
Construction Manager and Architect timely notice of when and where tests and inspections are
to be made so the Construction Manager and Architect may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become requirements
until after bids are received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, the Construction Manager and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to the Construction Manager and Architect of when and where tests and
inspections are to be made so the Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals
required by the Contract Documents, the Construction Manager or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with
Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material
unavailable;
01/23/029:20 AM
General Conditions of the Contract for Construction
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.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with the
Construction Manager, and upon certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
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.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with the
Construction Manager, and upon certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
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14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Construction Manager's and Architect's services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid
to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with the Construction Manager, and this obligation for payment shall
survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or
percentage fee.
END OF SECTION 00750
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MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POUCYANDPROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
· A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1
MARATHON COURTHOUSE ROOF
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-2
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
X
X
Workers' Compensation Statutory Limits
Employers Liability $100,000/$500,000/$100,000
Employers Liability $500,000/$500,000/$500,000
Employers Liability $1,000,000/$1,000,000/$1,000,000
US Longshoremen & Same as Employers'
Harbor Workers Act Liability
Federal Jones Act Same as Employers'
Liability
WCJA
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-3
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
· Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Required Limits:
GL1
x
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
GL4
Required Endorsement:
GLXCU
x
Underground, Explosion and Collapse (XCU)
GLLlQ
GLS
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-4
MARATHON COURTHOUSE ROOF
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1
x
VL2
VL3
VL4
BR2
x
MVC
PR01
PR02
PR03
POL1
POL2
POL3
ED1
ED2
GK1
GK2
GK3
MED1
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,OOO Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$10,OOO,OOO Agg.
Pollution
Liability
Employee
Dishonesty
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
$ 250,000/$ 750,000 Agg.
Garage
Keepers
Medical
00400-5
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
MARATHON COURTHOUSE ROOF
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VlP1 Hazardous $ 300,000 (Requires MCS-90)
VlP2 Cargo $ 500,000 (Requires MCS-90)
VlP3 Transporter $1,000,000 (Requires MCS-90)
Bll Bailee Liab. Maximum Value of Property
HKl1 Hangarkeepers $ 300,000
HKl2 Liability $ 500,000
HKl3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1,OOO,OOO Agg.
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
E01 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$1,OOO,OOO Agg.
E03 $1,000,000 per Occurrence/$3,OOO,OOO Agg.
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-6
MARATHON COURTHOUSE ROOF
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent part of
the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
10/11/02 4:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-7
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or
its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
10/11/02 4:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-8
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable will be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/11/02 4:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-9
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability
Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures
with limits of liability equal to those of the General Liability Insurance policy.
GLXCU
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1 0
MARATHON COURTHOUSE ROOF
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000
$ 100,000
$ 25,000
per Person
per Occurrence
Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/11/02 4:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-11
MARATHON COURTHOUSE ROOF
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the AM. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the contractor may be required to submit updated financial statements from the fund
upon request from the County.
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-12
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured-If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has been
granted the authority to waive this provision.
and
· The Indemnification and Hold Harmless provisions
WaivinQ of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirements form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision-
making authority.
10/11/02 4:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-13
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-14
MARATHON COURTHOUSE ROOF
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBlES
Liability policies are
Occurrence
Claims Made
Signature
Insurance Agency
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
~t i-. -
Signature
---
10/11/024:54 PM
INSURANCE REQUIRMENTS AND FORMS
00400-15
MONROE COUNTY
PROJECT MANUAL
MARATHON COURTHOUSE
ROOF REPLACEMENT
Marathon, Florida
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro tern Dixie M. Spehar, District 1
George Neugent, District 2
Bert Jimenez, District 4
Murray Nelson, District 5
COUNTY ADMINISTRATOR
James L. Roberts
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
DIRECTOR OF PUBLIC WORKS
Dent Pierce
COUNTY ENGINEER
David S. Koppel, P.E.
r-
October 2002
PREPARED BY:
Monroe County Public Works Division
Construction Management
~
~
MARATHON COURTHOUSE ROOF
GENERAL SPECIFICATIONS
TABLE OF CONTENTS
1. Bidding Documents
Section 00030
Section 00100
Section 0011 0
Section 00163
Section 00300
Section 0031 0
Section 00350
Section 00400
2. Contract Documents
Section 00500
Section 00501
3. Conditions
Section 00750
Section 00970
Section 00980
Section 00990
Notice of Calling for Bids
Instruction to Bidders
Proposal Form
Pre-Bid Substitutions
Scope of Work
Supplementary Bid Form for Unit Prices
Milestone Schedule/Liquidated Damages
Insurance Requirements and Forms
Form of Agreement between Owner and Contractor
Public Construction Bond
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Special Conditions
4. General Requirements
Section 01010
Section 01015
Section 01 027
Section 01040
Section 01045
Section 01050
Section 01200
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01400
Section 01410
Section 01421
Summary of Work
Contractor's Use of the Premises
Application for Payment
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Request for Information - (RFI)
Quality Control
Testing Laboratory Services
Reference Standards and Definitions
TABLE OF CONTENTS
10/22/023:34 PM
TABLE OF CONTENTS
000001-1
MARATHON COURTHOUSE ROOF
Section 01500
Section 01510
Section 01520
Section 01550
Section 01560
Section 01590
Section 01595
Section 01600
Section 01630
Section 01640
Section 01650
Section 01670
Section 01700
Section 01710
Section 01720
Section 01730
Section 01740
(General Requirements Continued)
Temporary Facilities
Temporary Utilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post-Bid Substitutions
Product Handling
Starting of Systems
Systems Demonstrations
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
Warranties
END TABLE OF CONTENTS
10/22/02 3:34 PM
000001-2
TABLE OF CONTENTS
MARATHON COURTHOUSE ROOF
SECTION 00030
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on 21 NOVEMBER
2002 at 11 :00 AM. The Monroe County Purchasing Office will open sealed bids for the
following:
MARATHON COURTHOUSE
ROOF REPLACEMENT
3117 OVERSEAS HWY, MARATHON, FLORIDA
SCOPE OF WORK
The work will include, but not necessarily be limited to, the following items: removal of
existing roofing, new roofing, new roof insulation, new roofing system, air conditioning
condenser relocations, concrete spalling repair, new gutter system, and miscellaneous
items related to above.
Specifications and Bid Documents may be requested from DemandStar by Onvia
by calling toll-free at 1-800-711-1712, or by going to the website
at www.demandstar.com or http://www.co.monroeJI.us/
Mandatory pre-bid conference will be held on 08 NOVEMBER 2002 at 10:00 A.M. at the
project site. General Contractors are required to be present.
All bids must be received by the Monroe County Purchasing Office on or before 11 :00
AM on 21 NOVEMBER 2002. Any bids received after this date and time will be
automatically rejected.
Bidders must submit two (2) signed originals of each bid in a sealed envelope clearly
marked on the outside: "Sealed Bid for MARATHON COURTHOUSE ROOF
REPLACEMENT." Addressed and delivered to:
Purchasing Office
1100 Simonton Street
Room 2-213
Key West, Florida 33040
All bids must remain valid for a period of ninety (90) days. The Board will automatically
reject the bid of any person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of Florida, under Section
287.133(3)(d), F.S. (1997).
Questions and further information may be obtained by contacting the Architect, William
P. Horn, in writinq, at 915 Eaton Street, Key West, Florida, 33040. Or by fax at (305)
296-1033.
10/22/02 3:34 PM
NOTICE OF CALLING FOR BIDS
000030-1
MARATHON COURTHOUSE ROOF
Dated at Key West, Florida, this day of ,2002.
Monroe County Purchasing Department
10/22/023:34 PM
NOTICE OF CALLING FOR BIDS
000030-2
MARATHON COURTHOUSE ROOF
SECTION 00100
INSTRUCTIONS TO BIDDERS
To be considered, Bids must be made in accordance with these Instructions to Bidders.
ARTICLE 1
DEFINITIONS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions
shall have the same meanings or definitions as assigned to them in the General
Conditions.
1.2 Biddina Documents include the Advertisement to Bid, Instructions to Bidders, Bid
Proposal, Pre-Bid Substitutions, Scope of Work, Milestone Schedule and other sample
bidding and contract forms and the proposed Contract Documents including any
addenda issued prior to receipt of Bids. The Contract Documents proposed for the Work
consist of the Standard Form of Agreement, General Conditions, Supplementary
General Conditions, General Requirements, Technical Specifications, Drawings, and
other sample contract forms.
1.3 Addenda are written or graphic instruments issued by the Owner through the
Construction Manager prior to the receipt of Bids which modify or interpret the Bidding
Documents by additions, deletions, clarifications, or corrections.
1.4 A Bid is a complete and properly signed proposal to do the Work for the lump sums,
including any Owner Options or Alternates stipulated therein, and submitted in
accordance with the Bidding Documents.
1.5 Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work
described in the Bidding Documents as the base, to which may be added or from which
Work may be deleted for sums stated in Alternate Bids or Owner Option Bids.
1.6 Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted
from the amount of the Base Bid if the corresponding change in the Work, as described
in the Bidding Documents, is accepted.
1.7 Owner Option Bid (or Option) is an amount stated in the Bid, which can be exercised
by the Owner through the Construction Manager, for the corresponding change in the
work as described in the Bidding Documents. This Owner Option can be exercised at
any time during the contract duration.
1.8 Bidder is a person or entity who submits a Bid.
1.9 Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for
a portion of the Work.
1.10 Allowance is a given amount to be included in the Bidders proposal. From this
Allowance, payments will be made to the vendor for the specified service or project. If
the contractor is responsible for making payments, he will be reimbursed for the
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-1
MARATHON COURTHOUSE ROOF
payments to the vendor via presentation of invoices in his monthly payment application.
Allowance includes labor, materials, installation, permits, etc.
1.11 "Provide" means "furnish and install". Wherever "provide" or "furnish and install" are
used, this shall mean purchase, and all purchasing requirements and procedures, and
installation complete, as per the specified or implied requirements.
1.12 "Perform" means to comply fully with the specified or implied requirements.
1.13 "Unit Pricina" is a given amount, proposed by the Bidder in a determinate quantity,
to be provided by the Bidder for additional repairs, replacement, or items which may be
required in conjunction with the project, but can not be specifically determined.
ARTICLE 2
COPIES OF BIDDING DOCUMENTS
2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office
designated in the Notice of Calling for Bids.
2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids where
applicable. Neither the Owner nor the Construction Manager, nor the ArchitecUEngineer
assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 Submitted Bids MUST include an Insurance Agent Statement and a completed
Insurance Checklist.
ARTICLE 3
EXAMINATION OF BIDDING DOCUMENTS AND SITE
3.1 Before Submitting a Bid:
3.1.1 Each Bidder shall thoroughly examine all the Bidding Documents.
3.1.2 Each Bidder shall visit the site to familiarize himself with local conditions that may
in any manner affect the cost, progress, or performance of the Work.
3.2 The lands upon which the Work is to be performed, right-of-ways for access thereto and
other lands designated for use by the Contractors in performing the Work are identified
in the General Requirements or Drawings.
3.3 Each Bidder shall study and carefully correlate his observations with the Contract
Documents.
3.4 The submission of a Bid will constitute a representation by the Bidder that he has
complied with every requirement of Article 3 and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the Work.
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-2
MARATHON COURTHOUSE ROOF
ARTICLE 4
INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS
4.1 Bidders and Sub-bidders shall promptly notify the Architect of any ambiguity,
inconsistency or error which they may discover upon examination of the Bidding
Documents or of the site and local conditions.
4.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding
Documents shall submit their questions in writing to the Architect no later than ten
calendar days prior to the date for receipt of Bids. Any interpretation, correction or
change of the Bidding Documents will be accomplished by Addenda delivered to all
parties recorded as having received plans. Copies of Addenda will also be made
available for inspection wherever Bidding Documents are on file for that purpose.
Interpretations, corrections, or changes of the Bidding Documents made in any other
manner will not be binding, and Bidders shall not rely upon such interpretations,
corrections, and changes. Oral and other interpretations or clarifications will be without
legal effect.
ARTICLE 5
BIDDING PROCEDURE
5.1 FORM AND STYLE OF BIDS
5.1.1 The Bid Proposal shall be submitted on the forms included in Section 00110 of
these Bidding Documents with the exception of the Bid Bond, which may be
submitted in alternate forms as described in Section 5.3.1 of these Instructions to
Bidders. Each of the forms in Section 00110, must be properly filled out,
executed, and submitted as the Bid Proposal.
5.1.2 All blanks on the Bid Form shall be filled in with ink or by typewriter.
5.1.3 Where so indicated on the Bid Form, sums shall be expressed in both words and
figures, and in case of discrepancy between the two, the amount written in words
shall govern.
5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Bid.
5.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required,
enter "No Change". Failure to comply shall constitute a non-responsive bid.
5.1.6 All requested Allowances shall be bid. Failure to comply shall constitute a non-
responsive bid.
5.1.7 All requested Supplementary Bid Unit Pricing shall be bid. Failure to comply shall
constitute a non-responsive bid.
5.1.8 All requested Owner Options shall be bid. Failure to comply shall constitute a
non-responsive bid.
5.2 ADDENDA
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-3
MARATHON COURTHOUSE ROOF
5.2.1 Each Bidder shall ascertain prior to submitting his Bid that he has received all
Addenda issued, and he shall acknowledge their receipt in his Bid.
5.2.2 No Addenda will be issued later than five calendar days prior to the date for
receipt of Bids except for an Addendum withdrawing the request for Bids or one
which includes postponement of the date for receipt of Bids.
5.2.3 Copies of Addenda will be made available for inspection wherever Bidding
Documents are on file for that purpose.
5.3 BID SECURITY
5.3.1 Each Bid shall be accompanied by a Bid Security made payable to Monroe
County, in the amount of five percent of the Bidder's maximum Bid price. The
Bid Security shall be in the form of a certified check, cashiers check or a Bid
Bond issued by a surety meeting the requirements of the form in Section 00110.
If a Bid Bond is submitted as Bid Security, the attorney-in-fact who executes the
bond on behalf of the surety shall affix to the Bond a certified and current copy of
his power of attorney.
5.3.2 The bid surety constitutes a pledge by the Bidder that he will enter into a
Contract with the Owner on the terms stated in his Bid and will furnish the
required Public Construction Bond, as described in the General and
Supplementary Conditions of this contract. The Bid Security of the successful
Bidder will be retained until such Bidder has entered into a Contract with the
Owner and furnished the required Public Construction Bond, whereupon it will be
returned. If the successful Bidder fails to execute and deliver the Contract and
furnish the required Bond, the Owner may annul the Notice of Award and the
amount of the bid security of that Bidder shall be forfeited to the Owner not as a
penalty, but as liquidated damages.
5.3.3 The bid security of any Bidder whom the Owner believes to have a reasonable
chance of receiving the award may be retained by the Owner until either (a) the
Contract has been executed and the required Bond has been furnished, or (b)
the ninety-first (91 st) day after the Bid opening, or (c) all Bids have been rejected.
The bid security of the other Bidders will be returned within twenty-one (21) days
of the Bid opening.
5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS
5.4.1 The overall schedule for construction is shown in the Bidding Documents
"Milestone Schedule."
5.4.2 The Contractor will be required to provide adequate manpower and equipment in
order to meet the requirements of the schedule.
5.4.3 The Bidders shall determine all permits, impact fees, inspections and surveys
(and fees required by same) required by Federal, State, or Municipal bodies
having jurisdiction over the project and shall include in his bid proposal the cost
of all such permits, impact fees, inspections and surveys. The Contractor shall
be required to secure all such permits. impact fees. inspections and survevs
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-4
MARATHON COURTHOUSE ROOF
required for the execution of this Contract. The County will not assess any
County building permit or County impact fees. The Contractor will be responsible
for any other building permit costs or impact fees required for this project.
5.5 SUBMISSION OF BIDS
5.5.1 Bids shall be submitted to Monroe County at the designated location not later
than the time and date for receipt of Bids indicated in the Notice of Calling for
Bids, or any extension thereof made by Addendum. Bids received after the time
and date for receipt of Bids will be returned unopened.
5.5.2 Two (2) originals of all bidding documents are to be submitted. Place the bid
security in its own separate envelope, marking on the outside "Bid Security", and
place all other bidding documents in another envelope, marking on the outside
"Proposal Documents". Both envelopes are to be inserted in one larger
envelope. If the Bid is hand-delivered, the envelope shall be filled out as follows:
1. In the upper left hand corner, place the Bidder's name and address.
2. In the center of the envelope, put the following:
Monroe County Purchasing Department
1100 Simonton Street, Room 2-213
Key West, FL 33040
3. In the lower left hand corner, put the following:
Bid for: MARATHON COURTHOUSE ROOF REPLACEMENT
To be opened: 21 NOVEMBER 2002
(Date)
11 :00 A.M.
(Time)
In item 3. above, fill in the Bid for and Project Name. In addition, fill in the date
and time for opening of the bids, in order that you may remind yourself of the
deadline.
If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate
mailing envelope with the notation "SEALED BID ENCLOSED" on the face
thereof. And then address the mailing envelope in the conventional manner.
5.5.3 The Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
5.5.4 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.
5.6 MODIFICATION AND WITHDRAWAL OF BIDS
5.6.1 A Bid may not be modified, withdrawn, or canceled by the Bidder during the
stipulated time period following the time and date designated for the receipt of
Bids and each Bidder so agrees in submitting his Bid.
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-5
MARATHON COURTHOUSE ROOF
5.6.2 Prior to the time and date designated for receipt of Bids, any Bid submitted may
be modified or withdrawn by notice to Monroe County Purchasing Department at
the place designated for receipt of Bids. Such notice shall be in writing over the
signature of the bidder or by telegram. If by telegram, the written confirmation
over the signature of the Bidder shall be mailed and postmarked on or before the
date and time set for receipt of Bids, and it shall be so worded as not to reveal
the amount of the original Bid.
5.6.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
5.6.4 Bid Security shall be in an amount sufficient for the Bid as modified or
resubmitted.
5.6.5 Conditional, modified, or qualified bids will be rejected. Bidders are to comply
with the instructions on the bid forms, and not make any changes thereto.
5.7 RIGHT TO CLAIM ERROR IN BID
5.7.1 Each Bidder's original work papers, documents, and materials used in
preparation of the bid shall be enclosed in an envelope and marked clearly as to
contents, must be received by Monroe County Purchasing Department no later
than 24 hours after the time and date for receipt of Bids, or any extension thereof
made by Addendum. Bidders who fail to submit their original work papers,
documents, and materials used in the preparation of the bid, as provided herein,
waive all rights to claim error in the Bid.
5.7.2 Owner will review documents submitted within the designated time frame for the
purpose of determining the validity of the Bidders claim.
5.7.3 Following review of the Bidder's claim the Owner may:
a. Allow the Bidder to withdraw the Bid and the Owner retains the Bid
Security.
b. Allow the Bidder to withdraw the Bid and the Owner returns the Bid
Security.
c. Allow the Bidder to enter into contract for the proposed Work at the
original Bid price.
ARTICLE 6
CONSIDERATION OF BIDS
6.1 OPENING OF BIDS
6.1.1 The properly identified Bids received on time will be opened at the Monroe
County Purchasing Department.
6.1.2 Any Bid not received by the Purchasing Department on or before the deadline for
receipt of bids designated in the Notice of Calling for Bids will be returned
unopened.
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
001 00-6
MARATHON COURTHOUSE ROOF
6.2 BIDS TO REMAIN OPEN
6.2.1 All Bids shall remain open for ninety (90) days after the date designated for
receipt of Bids.
6.2.2 The Owner may, at his sole discretion, release any Bid Proposal and return the
Bid Security before the ninety (90) days has elapsed.
6.3 AWARD OF CONTRACT
6.3.1 The Owner reserves the right to reject any and all Bids or any part of a Bid, to
waive the right to disregard all non-conforming, non-responsive or conditional
Bids.
6.3.2 In evaluating Bids, the Owner may consider the qualifications of the bidders and
whether or not the Bids comply with the prescribed requirements in the Bid
Instruction. If requested by the Construction Manager, Bidders shall submit a
properly filled out and executed Contractor's Qualification Statement after
submission of bid, and prior to the Bid Clarification Meeting. An AlA Document
A305-1986 is to be completed for this purpose.
6.3.3 The Owner shall have the right to accept alternates. The alternates will be
accepted only in the order they are listed; alternate number one will be accepted
first, alternate number two, second, and so on.
6.3.4 The Owner may consider the qualifications and experience of subcontractors
and/or other entities (including those who are to furnish materials, or equipment
fabricated to a special design) proposed for each of the principal portions of the
Work. If requested by the Construction Manager, Bidders shall submit their
listing of subcontractors after submission of bids, and prior to the Bid Clarification
Meeting. A Proposed Subcontractor Listing Form supplied by the Owner is to be
completed for this purpose.
6.3.5 The Owner may conduct such investigations as he deems necessary to assist in
the evaluation of any Bid and to establish the responsibility, qualifications, and
financial ability of the Bidders, proposed subcontractors, and other persons or
organizations to do the Work in accordance with the Contract Documents to the
Owner's satisfaction within the prescribed time. The Owner has the right to
conduct Bid Clarification meetings with any bidder, to determine if bidder has bid
the scope of work in its entirety. Bidder shall be required to attend bid
clarification meetings, as necessary.
6.3.6 The Owner reserves the right to reject the Bid of any Bidder who does not pass
any such evaluation to their satisfaction.
6.3.7 If the Contract is awarded, it will be awarded to the Bidder whose evaluation by
the Owner shows him to be responsible and has indicated to the Owner that the
award will be in the best interests of the Project.
6.3.8 If the Contract is to be awarded, the Construction Manager will issue the Notice
of Award to the successful Bidder within ninety (90) days after the date of receipt
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-7
MARATHON COURTHOUSE ROOF
of bids. The Owner reserves the right to return all Bids, not make any awards,
and cancel the Project.
6.3.9 The Owner is tax exempt and reserves the right to purchase directly various
construction materials and equipment that may be a part of the Contract. If the
Owner elects to make a particular purchase, the Owner will, via a Purchase
Contract, purchase the materials and equipment, and the Contractor shall assist
the Construction Manager in the preparation of these Purchase Contracts,
including providing to the Owner appropriate tax credits.
6.4 EXECUTION OF CONTRACT
6.4.1 The Contractor shall sign and deliver all four copies of the Contract Agreement to
the Construction Manager prior to the Board of County Commissioners Meeting
scheduled to approve a Notice of Award. All other Contract Documents such as
the Public Construction Bond and Insurance Certificates are to be provided to the
Construction Manager within five days after receipt of Notice of Award. A Notice
to Proceed will be issued to the Contractor upon satisfactory compliance with
these provisions. In no event shall the failure of the Contractor to provide
satisfactory bond and insurance certificates within the stipulated time be cause
for an extension of the contract time. The Construction Manager will return one
fully executed copy of the Contract Agreement to the Contractor with all other
Contract Documents attached upon receipt from the Owner.
ARTICLE 7
SPECIAL LEGAL REQUIREMENTS
7.1 Each Bidder, before submitting the Bid, shall familiarize itself with all Federal, State, and
local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to
the Work or that may in any manner affect the cost, progress, or performance of the
Work.
7.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
END SECTION 00100
10/22/02 3:34 PM
INSTRUCTIONS TO BIDDERS
00100-8
MARATHON COURTHOUSE ROOF
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding
Documents, or as applicable as previously instructed herein.
Item
Description
Pages
1.
Proposal Form
2-3
2.
Bid Bond
4
3.
Non-Collusion Affidavit
5
4.
Lobbying and Conflict of Interest Clause
6
5.
Drug-Free Workplace Form
7
6.
Insurance Checklist
8-11
7.
Insurance Agent Statement
12
8. Contractor License
Current Copy to Be Submitted with Bid
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
10/22/02 3:34 PM
PROPOSAL FORM
0011 0-1
MARATHON COURTHOUSE ROOF
SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
MARATHON COURTHOUSE
ROOF REPLACEMENT
3117 OVERSEAS HWY, MARATHON, FLORIDA
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
Dollars.
(Total Base Bid - words)
UNIT PRICING: TO BE INCLUDED, SEE SECTION 00310
I acknowledge receipt of Addenda No.(s)
No._Dated
No._Dated
No._Dated
No. Dated
No._Dated
10/22/02 3:34 PM
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
PROPOSAL FORM
00110-2
MARATHON COURTHOUSE ROOF
I have included pages 2 through 12 of the Bid Proposal which entails the Proposal Form_,
the required Bid Security_. the Non-Collusion Affidavit_, and the Lobbying and Conflict
of Interest Clause_, Drug Free Workplace form -----1 Insurance Checklist----... Insurance
Agent's Statement---:. In addition, I have included any other information requested, as well as,
a certified copy of Contractor's License, and any other appropriate licences required to perform
the work.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
Phone Number:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
10/22/02 3:34 PM
PROPOSAL FORM
00110-3
MARATHON COURTHOUSE ROOF
AlA Document A.;1o - Electromc Fonnat
Bid Bond
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATIORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
noc.tlMENT D.om
KNOW ALL MEN BY THESE PRESENTS, that we
(H~ insert lUll 1W11e md Midress or kg81 titk ofContnc/or)
as Principal. hereinafter called the Principal, and
(H~ inset lUll JUmund Midress or kg81 title ofSumy)
a corporation duly organized under the laws of the State of as Surety. hereinafter called the Surety, are held and firmly bound unto
(H~ inset lUll 1W11emd 8tldmsor 1tf/81 titkofOwner)
as Obligee. hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made. the said
Principal and the said Surety, bind ourselves, our heirs. executors, administrators, successors and assigns. jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(H~ inset lUll J18I11e, Idt/gss md tksaiption of proj<<t)
NOW, TI:lEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the tenns of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perfonn the Work. covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this day of 20
(Principal)
(Seal)
(Witness)
(Titl~)
(Surety)
(Seal)
(Witness)
(Titl~)
o 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006-5292. AlA DOCUMENT All0 - BID
BOND. FEBRUARY 1970 EDITION. AIAf) . Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced In accordance with your license without violation until the date of
expiration as noted below. User Document: a31Omast.ala.. 2/412002. AlA License Number 1123291, which expires on 1/3112003.
Electronic Format A31Q-1970
1
10/22/02 3:34 PM
PROPOSAL FORM
00110-4
MARATHON COURTHOUSE ROOF
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
the bidder making the Proposal for the project described in the notice for calling for bids for:
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that
said project.
(Signature of Bidder)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above
on this day of , 20_.
NOTARY PUBLIC
My commission expires:
10/22/02 3:34 PM
PROPOSAL FORM
00110-5
MARATHON COURTHOUSE ROOF
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
by
or has produced
identification)
(date)
(name of affiant). He/She is personally known to me
as identification. (type of
NOTARY PUBLIC
My commission expires:
10/22/02 3:34 PM
PROPOSAL FORM
00110-6
MARATHON COURTHOUSE ROOF
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidders Signature
Date
10/22/02 3:34 PM
PROPOSAL FORM
00110-7
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
X
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$1 00,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCJA
10/22/02 3:34 PM
PROPOSAL FORM
00110-8
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
· Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
x
GLUQ
GLS
· Products and Completed Operations
· Personal Injury
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
10/22/02 3:34 PM
00110-9
PROPOSAL FORM
MARATHON COURTHOUSE ROOF
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1
x
VL2
VL3
VL4
BR2
x
MVC
PR01
PR02
PR03
Agg.
POL1
POL2
POL3
ED1
ED2
GK1
GK2
GK3
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,OOO
Pollution
Liability
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,OOO,OOO Agg.
$5,000,000 per Occurrence/$10,000,000 Agg.
Employee
Dishonesty
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Garage
Keepers
10/22/02 3:34 PM
PROPOSAL FORM
00110-10
MARATHON COURTHOUSE ROOF
MED1 Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKL1 Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1,OOO,000 Agg.
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
E01 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg.
E03 $1,000,000 per Occurrence/$3,000,OOOAgg.
10/22/02 3:34 PM
PROPOSAL FORM
0011 0-11
MARATHON COURTHOUSE ROOF
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _Occurrence
Claims Made
Insurance Agency
Signature
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
10/22/02 3:34 PM
PROPOSAL FORM
0011 0-12
MARATHON COURTHOUSE ROOF
SECTION 00163
PRE-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 Document includes
A. Pre-Bid Substitutions
1.2 BIDDER'S OPTIONS
A. For products specified only by reference standard, select product meeting that
standard, by any manufacturer.
B. For products specified by naming several products or manufacturers, select one
of products and manufacturers named which complies with the Technical
Specifications.
C. For Products specified by naming several products or manufacturers and stating
"or equivalent", "or equal", or "or Architect/Engineer approved equivalent", or
similar wording, submit a request as for substitutions, for any product or
manufacturer which is not specifically named for review and approval by the
Architect.
D. For products specified by naming only one product/manufacturer, there is no
option and no substitution will be allowed.
1.3 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the bidding by submitting
completed substitution request form and substantiating product
data/literature a minimum of ten calendar days prior to the Bid Date to the
Architect/Engineer through the Construction Manager.
2. The Architect/Engineer will consider requests utilizing this section from
the Bidder for substitution of products in place of those specified.
3. Those submitted 10 calendar days prior to Bid Date will be included in an
addendum if acceptable.
4. Substitution requests may be submitted utilizing a facsimile machine
(FAX) if substitution request forms and substantiating data are submitted.
10/22/02 3:34 PM
PRE-BID SUBSTITUTIONS
00163-1
MARATHON COURTHOUSE ROOF
B. Submit separate request for each substitution. Support each request with:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified.
listing significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Designation of required license fees or royalties.
7. Designation of availability of maintenance services, sources of
replacement materials.
C. Substitutions will not be considered for acceptance when:
1. Acceptance will require substantial revision of Contract Documents.
2. In the judgment of the Owner or Architect/Engineer, the substitution does
not include adequate information necessary for a complete evaluation.
D. The Architect/Engineer will determine the acceptability of any proposed
substitution.
1.4 BIDDER'S REPRESENTATION
A. In making formal request for substitution the Bidder represents that:
1. He has investigated proposed product and has determined that it is
equivalent to, or superior in all respects to that specified.
2. He will provide same warranties or bonds for substitution as for product
specified.
3. He will coordinate installation of accepted substitution into the Work, and
will make such changes as may be required for the Work to be complete
in all respects.
10/22/02 3:34 PM
PRE-BID SUBSTITUTIONS
00163-2
MARATHON COURTHOUSE ROOF
4. He waives claims for additional costs caused by substitution which may
subsequently become apparent.
5. Cost data is complete and includes related costs under his Contract, but
not:
a. Costs under separate contracts.
b. Architect/Engineer's costs for redesign or revision of Contract
Documents.
6. Cost data need not be submitted, if request is for inclusion in an
addendum.
1.5 ARCHITECT/ENGINEER'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to the party
submitting the request.
1.6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with all required back-up data.
10/22/02 3:34 PM
PRE-BID SUBSTITUTIONS
00163-3
MARATHON COURTHOUSE ROOF
TO:
Project Architect/Engineer
PH:
FAX:
We hereby submit for your consideration the following product instead of the specified item for the above project:
Drawing No.
Drawing Name
Spec Sec.
Spec Name
Paragraph
Specified Item
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require
for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and performance to that which
is specified. Clearly mark manufacturer's literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for
equal performance, equal design and compatibility with adjacent materials.
Submitted By:
Title
Signature
Firm
Address
City / State / Zip Code
Date
Telephone
Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally
binding signature will result in retraction of approval.
For use by the Architect:
Approved
Apvd as noted
Not Apvd
Rec'd too late
Insufficient data received
By
Date
10/22/02 3:34 PM
PRE-BID SUBSTITUTIONS
00163-4
MARATHON COURTHOUSE ROOF
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes
No
If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and detailing costs
caused by the requested substitution?
Yes
No
If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same
Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations:
H. Designation of maintenance services and sources: (Attach additional sheets if required.)
END SECTION 00163
10/22/02 3:34 PM
PRE-BID SUBSTITUTIONS
00163-5
MARATHON COURTHOUSE ROOF
SECTION 00300
SCOPE OF WORK
1.1 GENERAL SCOPE
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical Specifications
included in this Bid Package.
1.2 SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or highlight
features of the work, or modify, change, add to, or delete from the General Scope of this
Bid Package.
.1 All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to the Construction Manager prior
to notice to proceed. Contractor's license to accompany bid.
.2 Provide, replace, and maintain any safety rails and barricades as necessary
during the process of work, or during deliveries of materials or equipment.
.3 Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
.4 If in the event of conflicting, or overlapping requirements in any area of the
bidding documents, technical specifications, or drawings, the most strinQent
condition shall be bid and constructed. Notify the Construction Manager in any
event, in order to not compromise the Owner's right to make appropriate
decisions.
.5 Contractor shall maintain As-Built DrawinQs, (Record Drawings per Section
01720), of his work progression.
.6 This Contractor shall not store materials inside the building. Contractor shall
provide suitable storage container, and be responsible for disposal off-site of all
debris and trash.
END OF SECTION 00300
10/22/02 3:34 PM
SCOPE OF WORK
00300-1
MARATHON COURTHOUSE ROOF
SECTION 00310
SUPPLEMENTARY BID FORM FOR UNIT PRICES
TO: Monroe County
Herein called "Owner"
1. The undersigned. having examined the proposed Contract Documents titled:
MARATHON COURTHOUSE ROOF REPLACEMENT
3117 OVERSEAS HWY, MARATHON, FLORIDA
And having visited the site and examined the conditions affecting the Work, hereby proposes
and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations
necessary to complete the Work as required by said proposed Contract Documents.
The following prices include all General contractor mark-up and are net to the Owner.
2. Should additional repairs, replacement, or items be required, the undersigned proposes
the following unit prices.
A. Prefabricated Vent Curbs.
1. Unit price per prefabricated vent curb:
DOLLARS ($
)
B. Plywood Sheathing replacement.
1. Unit price per square foot of sheathing:
DOLLARS ($
C. Asphalt Shingle replacement (including 15 lb. felt under shingles).
1. Unit price per square foot of shingles & 15 Ib felt:
DOLLARS ($
SUPPLEMENTARY BID FORM FOR UNIT PRICES
10/22/02 3:34 PM
00310-1
MARATHON COURTHOUSE ROOF
D. Concrete deck crack repair using epoxy injection methods.
1. Unit price per lineal foot of crack:
DOLLARS ($
E. Concrete deck spalling repair.
1. Unit price per square foot of repair:
DOLLARS ($
F. Plumbing Vent Stack relocation (to be 10 minimum from any fresh air in-take).
1. Unit price to move a vent stack approx. 5 feet during the re-roofing
process:
DOLLARS ($
3. The undersigned understands and agrees to comply with and to be bound by any
instructions to bidders issued for this Work.
4. The undersigned acknowledges receipt of Addenda:
No. DATED:
No. DATED:
No._DATED:
No. DATED:
No. DATED:
No._DATED:
No. DATED:
No. DATED:
BIDDER:
BY:
ADDRESS:
LICENSE NO.
LICENSE TYPE
By dated this
day of
20_.
END SECTION 00310
10/22/02 3:34 PM
SUPPLEMENTARY BID FORM FOR UNIT PRICES
00310-2
MARATHON COURTHOUSE ROOF
SECTION 00350
MILESTONE SCHEDULE/LlQUIDA TED DAMAGES
This section contains the project milestone schedule. The contractor is required to determine
his proposed schedule to meet these milestone dates.
The Contractor is to note the following special milestone dates.
1. Sid Documents Available .............................................................31 October 2002
2. Pre-Sid Conference................................................................. 08 November 2002
3. Sid Due Date ........................................................................... 21 November 2002
4. Award Date (Anticipated)......................................................... 19 December 2002
5. Notice to Proceed and Pre-Construction Meeting (Anticipated)23 December 2002
6. Final Completion........................................................................ 07 February 2003
LIQUIDATED DAMAGES
Conditions Under Which Liquidated Damages are Imposed-The time or times stipulated in
the contract for completion of the work of the contract or of specified phases of the contract shall
be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Construction Manager's signature of approval
on the Certificate of Substantial Completion. The liquidated damages table below shall be
utilized to determine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-99,999.00
$100,000.00-499,999.00
$500,000.00 and Up
FIRST
15 DAYS
$50.00/Day
100.00/Day
200.00/Day
500.00/Day
SECOND
15 DAYS
$100.00/Day
200.00/Day
500.00/Day
1,000.00/Day
31ST DAY &
THEREAFTER
$250.00/Day
750.00/Day
2,000.00/Day
3,500.00/Day
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
END OF SECTION 00350
10/22/02 3:34 PM
MILESTONE SCHEDULE/LIQUIDATED DAMAGES
00350-1
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1
MARATHON COURTHOUSE ROOF
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
1 0/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-2
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
X
X
Workers' Compensation Statutory Limits
Employers Liability $100,000/$500,000/$100,000
Employers Liability $500,000/$500,000/$500,000
Employers Liability $1,000,000/$1,000,000/$1,000,000
US Longshoremen & Same as Employers'
Harbor Workers Act Liability
Federal Jones Act Same as Employers'
Liability
WCJA
10/22/023:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-3
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Required Limits:
GL1
x
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4
$5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
x
Underground, Explosion and Collapse (XCU)
GLLlQ
Liquor Liability
GLS
Security Services
All endorsements are required to have the same limits as the basic policy.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-4
MARATHON COURTHOUSE ROOF
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1
x
VL2
VL3
VL4
BR2
x
MVC
PR01
PR02
PR03
POL1
POL2
POL3
ED1
ED2
GK1
GK2
GK3
MED1
00400-5
10/22/02 3:34 PM
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,OOO Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,OOO,OOO Agg.
$5,000,000 per Occurrence/$10,000,000 Agg.
Pollution
Liability
Employee
Dishonesty
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
$ 250,000/$ 750,000 Agg.
Garage
Keepers
Medical
INSURANCE REQUIRMENTS AND FORMS
MARATHON COURTHOUSE ROOF
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VlP1 Hazardous $ 300,000 (Requires MCS-90)
VlP2 Cargo $ 500,000 (Requires MCS-90)
VlP3 Transporter $1,000,000 (Requires MCS-90)
Bll Bailee Liab. Maximum Value of Property
HKl1 Hangarkeepers $ 300,000
HKl2 Liability $ 500,000
HKl3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg.
AE03 $1,000,000 per Occurrence/$3,OOO,000 Agg.
E01 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$1,OOO,000 Agg.
E03 $1,000,000 per Occurrence/$3,000,OOO Agg.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-6
MARATHON COURTHOUSE ROOF
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent part of
the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-7
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or
its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-8
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable will be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-9
MARATHON COURTHOUSE ROOF
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability
Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures
with limits of liability equal to those of the General Liability Insurance policy.
GLXCU
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-1 0
MARATHON COURTHOUSE ROOF
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000
$ 100,000
$ 25,000
per Person
per Occurrence
Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
10/22/023:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-11
MARATHON COURTHOUSE ROOF
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the contractor may be required to submit updated financial statements from the fund
upon request from the County.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-12
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured-If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has been
granted the authority to waive this provision.
and
· The Indemnification and Hold Harmless provisions
WaivinQ of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirements form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision-
making authority.
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-13
MARATHON COURTHOUSE ROOF
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
10/22/02 3:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-14
MARATHON COURTHOUSE ROOF
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _Occurrence
Claims Made
Signature
Insurance Agency
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
END OF SECTION 00400
10/22/023:34 PM
INSURANCE REQUIRMENTS AND FORMS
00400-15
MARATHON COURTHOUSE ROOF
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SU
AGREEMENT
made as of the
year of
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
and the Contractor:
(Name and address)
S ephanie Coffer
Monroe County Construction Management
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Archite
(Name and Address)
The Owner and Contractor agree as set forth below.
10/22/02 3:34 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
MARATHON COURTHOUSE ROOF
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement and Modifications issued after execution of this Agree ent:
these form the Contract, and are as fully a part of the Contract as if attached to this Agreeme
repeated herein. The Contract represents the entire and integrated agreement between t
hereto and supersedes prior negotiations, representations or agreements, either writte
enumeration of the Contract Documents, other than Modifications, appears in Articl
Date of Commenc
3.1 The date of commencement. the d
measured, and shall be the date re
below or provision is made for
Scope of Work as specified in the Project M
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contra
specifically indicated in the Contract Documents to be the responsibil
to proceed issued by the Owner, the
ion Manager, in writing not less than five days
Completion of the entire Work not later than
days a r the date of commencement. Also insert any requirements for earlier
e Work, if not stated elsewhere in the Contract Documents.)
calendar days from date of Commencement.
Contract Time as provided by the Contract Document
ed damages relating to failure to complete on time)
ARTICLE 4
Contract Sum
10/22/02 3:34 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
/-
MARATHON COURTHOUSE ROOF
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract the Contract Sum of
($
/100 Dollars
), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner
subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the
date until which that amount is valid.)
5.1 Based upon Applications for Payment
and upon Project Applications and Certifica
Architect, the Owner shall make progress
provided below and elsewhere in the ontra
NONE
4.3 Unit prices, if any, are as follows:
5.2 The period covered by
last day of the month, or as folio
n Manager not later than the
r not later than the Twenty-first
by the Construction Manager after the
ner not later than Twenty days after the
upon the Schedule of Values submitted by the
ents. The Schedule of Values shall allocate the entire
Work and be prepared in such form and supported by
as the Construction Manager or Architect may require. This
onstruction Manager or Architect, shall be used as a basis for
s for Payment.
ment shall indicate the percentage of completion of each portion of the Work
overed by the Application for Payment.
5.6 Subject provisions of the Contract Documents, the amount of each progress payment shall
be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage ofTen percent (10%).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner
10/22/023:34 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3
MARATHON COURTHOUSE ROOF
for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis
of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has
a Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum suffici
Ninety percent (90%) of the Contract Sum, less such amounts as th
recommends and the Architect determines for incomplete Wor
5.7.2 Add, if final completion of the Work is thereafter.
Contractor, any additional amounts payable in accor
Conditions.
5.8 Reduction or limitation of retainag
(If it is intended, prior to Substantial completion of the
inserted in Subparagraphs 5.6. 1 and 5.6.2 abo e, and
provisions for such reduction or limitations)
ntract Sum, shall be made by the Owner to
Cl by the Contractor except for the
rk as provided in Subparagraph 12.2.2 of the
any, which necessarily survive final payment: and
ssued by the Construction Manager and Architect:
ot more than 20 days after the issuance of the final
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at
the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
(Insert rate of interest agreed upon, if any)
10/22/023:34 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
MARATHON COURTHOUSE ROOF
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other
regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the
validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers.)
7.3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract
Documents.)
9.1.2
7.5 A person or affiliate who has been placed on the convicted vendor list follow'
public entity crime may not submit a bid on a contract to provide any goods
entity, may not submit a bid on a contract with a public entity for the constructi
public building or public work, may not submit bids on leases of real property to
not be awarded or perform work as contractor, supplier, subco tor, or consulta
contract with any public entity, and may not transact busines public entity i
the threshold amount provided in Section 287.017, for CATE 0 for a period
months from the date of being placed on the convicte
7.4 Monroe County's performance and obligation to pay under this contract is contingent
annual appropriation by the Board of County Commissioners.
Special Conditions, if any are detailed in Se
Project
8.2
Article 14 of the General Conditions.
odifications issued after execution of this Agreement, are
uted Standard Form of Agreement Between Owner and Contractor.
ions are the General Conditions of the Contract for Construction.
9.1.3 The
Manual dated
tary and other Conditions of the Contract are those contained in the Project
, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
10/22/02 3:34 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
MARATHON COURTHOUSE ROOF
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,
and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Pages
Title
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is
shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Portions of Addenda relating to bidding requir
bidding requirements are also enumerated'
Title
Number
As listed in Table of Contents, Section 00001 of the Project Manual for
9.1.6 The Addenda, if any, are as follows:
Number
Date
9.1.7 Other documents, if any, f
(List here any additional documents which
that bidding requirements such as adv
are not part of the contract Documents
of the Contract Documents.)
r first written above and is
ne is to be delivered to the
ger and Architect for use in the
inder to the Owner.
10/22/02 3:34 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6
MARATHON COURTHOUSE ROOF
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
10/22/023:34 PM
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-7
MARATHON COURTHOUSE ROOF
SECTION 00501
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and , a corporation, as Surety, are bound
to , herein called Owner, in the sum of
$ for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated ,20_, between
Principal and Owner for construction of the
contract being made a part of this bond by reference, at the times and in the manner
prescribed in the contract; and
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract and;
3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and
attorney's fees, including appellate proceedings, that Owner sustains because of a
default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the contract documents and compliance with any formalities connected
with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON
,20_.
(NAME OF PRINCIPAL)
BY
(AS ATTORNEY-IN-FACT)
(NAME OF SURETY)
10/22/02 3:34 PM
PUBLIC CONSTRUCTION BOND
00501-1
MARATHON COURTHOUSE ROOF
Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
10/22/02 3:34 PM
General Conditions of the Contract for Construction
00750-1
MARATHON COURTHOUSE ROOF
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor (hereinafter), Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to
execution of the Contract, other documents listed in the Agreement and Modifications issued
after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in
the Agreement, the Contract Documents do not include other documents such as bidding
requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding requirements).
1.1.2 The Contract: The Contract Documents form the Contract for Construction. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a Modification. The Contract Documents shall
not be construed to create a contractual relationship of any kind (1) between the Architect and
Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect
and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5)
between any persons or entities other than the Owner and Contractor. The Construction
Manager and Architect shall, however, be entitled to performance and enforcement of
obligations under the Contract intended to facilitate performance of their duties.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by the Construction Manager.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
10/22/023:34 PM
General Conditions of the Contract for Construction
00750-2
MARATHON COURTHOUSE ROOF
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author of them and will retain all
common law, statutory and other reserved rights, in addition to the copyright. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work. The Drawings, Specifications and other
documents prepared by the Architect, and copies thereof furnished to the Contractor, are for
use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for use in the execution of their Work
under the Contract Documents. All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and other documents prepared
by the Architect. Submittal or distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as publication in derogation of
the Architect's copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, all copies of Drawings and Specifications reasonably necessary for the execution
of the Work.
1.4 Capitalization
1.4.1 Terms capitalization in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
10/22/02 3:34 PM
General Conditions of the Contract for Construction
00750-3
MARATHON COURTHOUSE ROOF
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to
throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through the Construction Manager, shall secure and pay for the building
permit.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through the Construction
Manager and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner in writing, may order the Contractor to stop
the Work, or any portion thereof, until the cause for such order has been eliminated; however,
the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
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General Conditions of the Contract for Construction
00750-4
MARATHON COURTHOUSE ROOF
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for the Construction Manager's and Architect's and their
respective consultants' additional services and expenses made necessary by such default,
neglect or failure. Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect, after consultation with the Construction Manager. If
payments then or thereafter due the Contractor are not sufficient to cover such amounts, the
Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has
right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of
a serious nature, as determined by the Construction Manager, notice will be given, and
contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by the Construction Manager, and that
are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to the Construction Manager and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to the Construction Manager and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to the Construction Manager and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
10/22/02 3:34 PM
General Conditions of the Contract for Construction
00750-5
MARATHON COURTHOUSE ROOF
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the Construction Manager or
Architect in their administration of the Contract, or by test, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor employee is determined to be detrimental to the Project, as deemed by the
Construction Manager, the Contractor will remove and/or replace the employee at the request of
the Construction Manager. Employees dismissed from the project will be transported from the
job site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with the Construction Manager, if required,
to accommodate any discovered variations or deviations from the Drawings and Specifications
so that the progress of the Work is not adversely affected.
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General Conditions of the Contract for Construction
00750-6
MARATHON COURTHOUSE ROOF
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by the Construction Manager or
Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of
materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received. The Owner will not assess any County building permit or County impact fees.
The Contractor will be responsible for any other building permit costs or impact fees required for
this project. The Contractor shall secure and pay for all building and specialty permits including
plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to the Construction Manager,
Architect and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to the Construction Manager and shall not be changed
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except with the consent of the Construction Manager, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and the Construction Manager's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised as appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within seven (7) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
the Construction Manager's approval.
3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work of
other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the
Contractor shall attend. At this meeting, the parties can discuss jointly such matters as
progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Construction Manager and Architect and shall be delivered to the Construction
Manager for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4.6.12.
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3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in
accordance with the schedule and sequence approved by the Construction Manager, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with the Construction Manager in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by the Construction Manager and Architect. Such Work shall be in accordance
with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the Construction Manager's and Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically
informed the Construction Manager and Architect in writing of such deviation at the time of
submittal and the Construction Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions
in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's
and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by the Construction Manager and Architect on previous submittals.
3.12.10 Informational submittals upon which the Construction Manager and Architect are
not expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the Construction Manager and Architect shall
be entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to the
Construction Manager for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, the Construction Manager before using any portion of the site.
3.14 Cutting and Patching
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3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Construction Manger, Owner and such other contractors: such consent shall not
be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of the Architect/Engineer shall also
be required. The Contractor shall not unreasonably withhold from the Construction Manager or
any separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Construction Manager.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the
Construction Manager may do so with the Owner's approval and the cost thereof shall be
charged to the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Construction Manager and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
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3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.2 Construction Manager
4.2.1 The Construction Manager is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Construction Manager" means the Construction Manager or the Construction Manager's
authorized representative.
4.3 Duties, responsibilities and limitations of authority of the Construction Manager and
Architect as set forth in the Contract Documents shall not be restricted, modified or extended
without written consent of the Owner, Construction Manager, Architect and Contractor. Consent
shall not be unreasonably withheld.
4.4 In case of termination of employment of the Construction Manager or Architect, the
Owner shall appoint a construction manager or architect against whom the Contractor makes no
reasonable objection and whose status under the Contract Documents shall be that of the
former construction manager or architect, respectively.
4.6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. The Construction Manager and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 The Construction Manager will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
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4.6.3 The Construction Manager will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate
with them. The Contractor shall participate with other Contractors and Construction Manager
and Owner in reviewing their construction schedules when directed to do so. The Contractor
shall make any revisions to the Construction schedule deemed necessary after a joint review
and mutual agreement. The construction schedules shall constitute the schedules to be used
by the Contractor, other Contractors, the Construction Manager and the Owner until
subsequently revised.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Architect will not be required
to make exhaustive or continuous onsite inspections to check quality or quantity of the Work.
On the basis of on-site observations as an architect, the Architect will keep the Owner informed
of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have
control over or charge of and will not be responsible for construction means, method,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the Work, since these are solely the Contractor's responsibility as provided in Paragraph
3.3, and neither will be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents. Neither the Construction Manager nor the Architect
will have control over or charge of or be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions of the
Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through the Construction Manager, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through the Construction Manager and shall be
contemporaneously provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. The Architect will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application and Project
Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the
Architect will submit the Project Application and Project Certificate for Payment, along with the
applicable Contractors' Applications and Certificates for Payment, to the Construction Manager.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, and the certifications of the Construction Manager, the Architect will review and certify
the amounts due the Contractors and will issue a Project Certificate for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying the Construction Manager. Subject to review by the Architect,
the Construction Manager will have the authority to reject Work which does not conform to the
Contract Documents. Whenever the Construction Manager considers it necessary or advisable
for implementation of the intent of the Contract Documents, the Construction Manager will have
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authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's
authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect or the Construction Manager to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to the Construction Manager those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Architect will forward to the Construction Manager a final Project Application
and Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Construction Manager,
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Owner or Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the
Construction Manager or Architect, shall be referred initially to the Architect for action as
provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4,
shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1)
whether such matters relate to execution and progress of the Work or (2) the extent to which the
Work has been completed. The decision by the Architect in response to a Claim shall not be a
condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits,
(3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days
after the Claim is made, (4) 45 days have passed after the Claim has been referred to the
Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
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.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for, performance
of any part of the Work, will recommend and equitable adjustment in the Contract Sum or
Contract Time, or both. If the Architect determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in
writing, stating the reasons. Claims by either party in opposition to such determination must be
made within 21 days after the Architect has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) Not
Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure
of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure
established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary
actions within ten days of receipt of a Claim: (1) request additional supporting data from the
claimant, (2) submit a schedule to the parties indicating when the Architect expects to take
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action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend
approval of the Claim by the other party or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate
documentation.
4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after
the Architect's preliminary response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the
Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Architect, the Architect will notify the
parties in writing that the Architect's decision will be made within seven days, which decision
shall be final and binding on the parties. Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change
in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a
possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety
and request the surety's assistance in resolving the controversy.
4.8.5 Court Determination of Claims/Disputes. Any claim or dispute that the parties are
unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th
Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Construction Manager for review by the Owner, Construction Manager and Architect the names
of persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction
Manager or Architect, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of
no reasonable objection.
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5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Construction Manager or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Construction Manager, or
Architect has made reasonable objection.
5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Construction Manager or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to
be bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these Documents,
assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement
shall preserve and protect the rights of the Owner, Construction Manager and Architect under
the Contract Documents with respect to the Work to be performed by the Subcontractor so that
subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, copies of the Contract
Documents which the Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract
agreement which may be at variance with the Contract Documents. Subcontractors shall
similarly make copies of applicable portions of such documents available to their respective
proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by the Construction Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
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operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by the Construction
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Construction Manager shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to the Construction Manager
and Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other Contractors' completed or
partially completed or partial completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the party responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the
cause for the delay, (8) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to the Construction Manager within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Construction
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Manager for an increase in the Contract price, nor a claim against the Owner or Construction
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Construction
Manager, Architect and Contractor; a Construction Change Directive require agreement by the
Owner, Construction Manager and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by the Construction Manager and
signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement
upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined
in one or more of the following:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
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.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Construction Manager is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be determined by
daily force accounts in a form acceptable to the Owner and Construction Manager. The daily
force account forms shall identify Contractor and lor Subcontractor personnel by name, total
hours for each man, each piece of equipment and total hours for equipment and all material(s)
by type for each extra Work activity claim. Each daily force account form shall be signed by the
designated Construction Manager's representative no later than the close of business on the
day the Work is performed to verify the items and hours listed. Extended pricing of these forms
shall be submitted to the Construction Manager with all supporting documentation required by
the Construction Manager for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, including sales tax
and cost of delivery; cost of labor, including social security, old age and unemployment
insurance, and fringe benefits required by agreement or custom; works' or workmen's
compensation insurance; and the rental value of equipment and machinery. Markups for
overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination
of cost, payments on account shall be made as determined by the Construction Manager. The
amount of credit to be allowed by the Contractor for any deletion or change, which results in a
net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the
Construction Manager. When both additions and credits covering related Work or substitutions
are involved in anyone change, the allowance for overhead and profit shall be figured on the
basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the credit shall be the net cost. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all
general home/field office expenses. The actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform
the Work, the maximum mark-up for managing this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only.
If the Contractor performs part of the actual Work, his percentage mark-up for overhead and
profit shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an
itemized breakdown of the quantities and prices used in computing the value of any change that
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might be ordered. Any additional supporting documentation requested by the Construction
Manager such as certified quotations or invoices shall be provided by the Contractor to the
Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager,
by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the
Construction Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to the Construction Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or
claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
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8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Construction Manager, or by any other cause which the Construction
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as the Construction Manager may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
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9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect,
through the Construction Manager, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as the
Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Construction Manager an itemized Application for Payment for
Work completed in accordance with the schedule of values. Such application shall be
notarized, if required, and supported by such data substantiating the Contractor's right to
payment as the Owner, Construction Manager or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for
elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by
combining the Contractor's applications with similar applications for progress payments from
other Contractors and, after certifying the amounts due on such applications, forward them to
the Architect within seven days.
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9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the
Construction Manager and Architect will either issue to the Owner a Project Certificate for
Payment, with a copy to the Contractor, for such amount as the Construction Manager and
Architect determine is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part
as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the
Construction Manager.
9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will constitute representations made separately by the Construction Manager and Architect to
the Owner, based on their individual observations at the site and the data comprising the
Application for Payment submitted by the Contractor, that the Work has progressed to the point
indicated and that, to the best of the Construction Manager's and Architect's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Construction Manager or Architect. The
issuance of a separate Certificate for Payment or a Project Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment
will not be a representation that the Construction Manager or Architect has (1) made exhaustive
or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the
Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously
paid on account of the Contract Sum.
9.5 Decisions to Withhold Certification
9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment
if, in his opinion, the application is not adequately supported. If the Contractor and Construction
Manager cannot agree on a revised amount, the Construction Manager shall process the
Application for the amount he deems appropriate. The Construction Manager may also decline
to approve any Application for Payment or, because of subsequently discovered evidence or
subsequent inspections, he may nullify, in whole or part, any approval previously made to such
extent as may be necessary in his opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
.1 No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, within all the requirements of Article 11, have been
filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be
made for amounts previously withheld.
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9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for
Payment, the Owner shall make payment in the manner and within the time provided in the
Contract Documents, and shall so notify the Construction Manager and Architect. From the
total of the amount determined to be payable on a progress payment, ten percent (10%) of such
total amount will be deducted and retained by the Owner until final payment is made. The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
certified for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by the Construction Manager to be a part of the final quantity for the item of
Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Construction Manager and Architect on account of portions
of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay
or to see to the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver to the right of the Owner
or Construction Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by is Subcontractor interest therein. The
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Contractor shall, by an appropriate agreement with each Subcontractor, also require each
Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be
completed or corrected. The Contractor shall proceed promptly to complete and correct items
on the list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Architect, assisted by the Construction Manager, will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the list, which is not in
accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Architect. The Contractor shall then submit a request for another inspection
by the Architect, assisted by the Construction Manager, to determine Substantial Completion.
When the Work or designated portion thereof is substantially complete, the Architect will
prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Construction Manager and Architect, the
Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Construction Manager shall
jointly prepare and submit a list to the Architect as provided under Subparagraph 9.8.2.
Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The
stage of the progress of the Work shall be determined by written agreement between the Owner
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and Contractor or, if no agreement is reached, by decision of the Architect after consultation
with the Construction Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager,
Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be
used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 final Completion and final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager
a written notice that the Work is ready for final inspection and acceptance and shall also forward
to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the
Construction Manager will forward the notice and Application to the Architect who will promptly
make such inspection. When the Architect, based on the recommendation of the Construction
Manager, finds the Work acceptable under the Contract Documents and the Contract fully
performed, the Construction Manager and Architect will promptly issue a final Certificate for
Payment stating that to the best of their knowledge, information and belief, and on the basis of
their observations and inspections, the Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in said final Certificate is due and payable. The Construction Manager's
and Architect's final Certificate for Payment will constitute a further representation that
conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final
payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through the Construction Manager (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final payments currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the
extent and in such form as may be designated by the Owner, if a Subcontractor refuses to
furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting final
completion, and the Construction Manager and Architect so confirm, the Owner shall, upon
application by the Contractor and certification by the Construction Manager and Architect, and
without terminating the Contract, make payment of the balance due for that portion of the Work
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bond have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect through the Construction Manger prior to certification of such payment. Such payment
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shall be made under terms and conditions governing final payment, except that it shall not
constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect
or Construction Manager that the subcontractors and materialmen have been paid is for the
protection and convenience of the Owner only. Unpaid subcontractors and materialmen may
only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to the Construction Manager for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Construction Manager and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to the Owner, Construction Manager and Architect in writing. The
Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safe containment of such material or
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substance. The Contractor, the Construction Manager and the Architect will promptly reply to
the Owner in writing stating whether or not any of them has reasonable objection to the persons
or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an
objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor, the Construction Manager and the Architect have no reasonable
objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Constructions Manager or Architect or anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable, and not attributable to the
fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition
to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner,
Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
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10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at their own expense, insurance as
specified in the attached schedules, which are made part of this Agreement. The Contractor will
ensure that the insurance obtained will extend protection to all subcontractors engaged by the
Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance
consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
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11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain
Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm,
Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods.
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis. The completed value is defined as all material, labor,
supplies, and equipment intended to be incorporated in and to become a permanent part of the
completed facility. The facility as defined for this paragraph includes structures as defined in the
contract drawings and specifications. Property located on the construction premises, which is
intended to become a permanent part of the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
11.3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner in this section as a guarantee for the faithful performance of the Contract
(including guarantee and maintenance provisions) and the payment of all obligations arising
thereunder. The Public Construction Bond shall be in an amount at least equal to the contract
price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are
incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either, be uncovered for their observation and be replaced at the Contractor's
expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect
has not specifically requested to observe prior to its being covered, the Construction Manager or
Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs unless the condition was caused
by the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or
Architect or failing to conform to the requirements of the Contract Documents, whether observed
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before or after Substantial Completion and whether or not fabricated, installed or completed.
The Contractor shall bear costs of correcting such rejected Work, including additional testing
and inspections and compensation for the Construction Manager's and Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from the
Architect issued through the Construction Manager, the Owner may remove it and store the
salvable materials or equipment at the Contractor's expense, if the Contractor does not pay
costs of such removal and storage within ten days after written notice, the Owner may upon ten
additional days' written notice sell such materials and equipment at auction or at private sale
and shall account for the proceeds thereof, after deducting costs and damages that should have
been borne by the Contractor, including compensation for the Construction Manager's and
Architect's services and expenses made necessary thereby, if such proceeds of sale do not
cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the contractor are not sufficient to cover such
amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
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in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Construction Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and
signed by an authorized representative of the Contractor. The correspondence shall be directed
to:
Stephanie Coffer
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
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13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the
Construction Manager and Architect timely notice of when and where tests and inspections are
to be made so the Construction Manager and Architect may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become requirements until
after bids are received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, the Construction Manager and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to the Construction Manager and Architect of when and where tests and
inspections are to be made so the Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals
required by the Contract Documents, the Construction Manager or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days
through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or
employees or any other persons performing portions of the Work under contract with Contractor,
for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
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.2 an act of government, such as a declaration of national emergency, making material
unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14.2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, after consultation with the
Construction Manager, and upon certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
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14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Construction Manager's and Architect's services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid
to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with the Construction Manager, and this obligation for payment shall
survive termination of the Contract.
14.3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or
percentage fee.
END OF SECTION 00750
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SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
1.1 REGULATIONS AND POLICIES
A. Every Contractor and Subcontractor employed on the Project shall comply with
all applicable local, State, and Federal safety and health regulations and with
Monroe County safety and health policies as described herein.
1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS
A. It is recognized that it is good business and evidence of competent leadership to
prevent the occurrence of incidents that lead to occupational injuries or illnesses.
Safety and health requirements on this project include, but are not limited to, the
following:
1. In general, this accident prevention policy is based on a sincere desire to
eliminate personal injuries, occupational illnesses, and equipment and
property damage; and to protect the general public exposed to or
associated with the work.
2. The importance of the safety of all workers on the project shall be
recognized and accident prevention shall be an integral part of all
operations.
3. Each Contractor and Subcontractor shall conduct work in a safe and
practical manner in conformance with the OSHA Safety and Health
Regulations and the latest edition of the Manual of Accident Prevention,
Associated General Contractors of America.
4. Each Contractor and Subcontractor shall observe all applicable Federal,
State, local and project laws and regulations pertaining to safety and
health, pollution control, water supply, fire protection, sanitation facilities,
waste disposal and other related items.
5. The Mandatory Safety and Health Rules shall be posted in a conspicuous
location along with the OSHA and Emergency Phone Number posters.
6. A record of all occupational injuries and illnesses shall be maintained.
Medical and lost time cases shall be properly recorded on the OSHA log,
and reported to Monroe County. A copy of the insurance report for
workmen compensation cases shall be provided to Monroe County.
7. Each Contractor and Subcontractor shall provide or arrange for adequate
first aid facilities, emergency transportation and persons qualified in first
aid.
8. Each Contractor and Subcontractor shall cooperate fully with all other
contractors in their respective safety and health programs.
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9. Good housekeeping shall be observed at all times. Waste, debris, and
garbage shall be removed daily or placed in appropriate waste
containers. All materials, tools, and equipment shall be stored in a safe
and orderly fashion. Each contractor shall donate 10% of their staff to a
crew that will convene every Friday at 1 :00 pm for a joint site clean-up
effort not to exceed a duration of three hours.
In summary, there will be a three-part clean-up plan. The first part
consists of the contractor cleaning up on a daily basis, his workstations,
and his trade work. The second part consists of the general clean-up, the
concerted effort by all trade contractors working on the project. A
minimum of one (1) crew is to be utilized by each contractor, or 10%,
whichever is more. The third part consists of the Owner cleaning up for a
particular trade contractor should adequate notice not compel him to
clean up his work. In this case, the appropriate contractors will be
backcharged.
10. This project shall be a Hard Hat job and all supervisors, employees and
visitors shall be required to wear a suitable hard hat while on the project
site.
11. Other appropriate personal protective equipment shall be provided and
worn as required including but not limited to long pants, shirts with
sleeves and appropriate leather work boots.
12. Temporary construction aids such as ladders, scaffolds, stairs, railings,
etc., shall be provided to facilitate access or working conditions in a
manner that shall conform to the safety standards specified by Federal,
State, Local or manufacturer's recommendations or stipulations.
13. Each Contractor and Subcontractor shall be expected to indoctrinate his
employees as to the safety and health requirements of this project and to
enforce adherence to safe work procedures.
14. If Monroe County notifies any Contractor of any noncompliance with the
provisions of this program, the Contractor shall make all reasonable
efforts to immediately correct the unsafe conditions or acts. Satisfactory
corrective action shall be taken within the specified time. If the Contractor
or Subcontractor refuses to correct unsafe or unhealthy conditions or
acts, Monroe County shall take one or more of the following steps:
a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
c. Correct the situation using other forces and back charge the
Contractor expenses incurred.
d. Increase withholding in proportional increments for that given pay
period.
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15. All Contractor's' Superintendents shall be required to attend and
participate in all general project safety meetings. These meetings will be
included in the weekly coordination meetings as previously specified or
on an as needed basis.
16. All Contractors shall conduct Weekly Tool Box Safety Training Meetings,
and shall document the minutes. These forms are to be transmitted to
Monroe County on a weekly basis. All employees working at the project
site shall be required to attend and participate in the meetings.
17. Shortly after the award of the contract and prior to the beginning of work,
an Activity Hazard Analysis (phase plan) shall be prepared by the
contractor and submitted to Monroe County for approval. The analysis
will address the hazards for each activity to be performed in that phase
and will present the procedures and safeguards necessary to eliminate
the hazards or reduce the risk to an acceptable level. A phase is defined
as an operation involving a type of work presenting hazards not
experienced in previous operations or where a new subcontractor or work
crew is to perform work. The analysis will be discussed by the contractor
and Monroe County on-site representatives at the Preparatory Inspection
Meeting. Work will not proceed on that phase until the Activity Hazard
Analysis (phase plan) has been accepted by Monroe County.
18. No personal radios or stereos will be allowed on the job-site.
1.3 FIRE PROTECTION
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the
Contractor to insure that general fire protection facilities are adequate for his
work and to provide additional fire protection facilities and devices, including fire
extinguishers as required by their scope of work.
1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
A. It shall be the Contractor's sole and exclusive responsibility (a) to provide
personnel capable of working adjacent to energized electrical lines or other
utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to
conduct all of his work in accordance with the safety rules and regulations
prescribed by the National Electric Code, National Electric Safety Code, H30,
and Safety Rules for Installation and Maintenance of Electrical Supply and
Communication Lines Hand Book 81, Occupational Safety and Health Act of
1970, as well as other safety codes in effect at the site of construction and as
specified elsewhere herein, or as are generally applicable to the type of work
being performed; and (d) to continuously supervise and inspect the work being
performed to assure that the requirements of (a), (b), and (c) above are complied
with, and nothing in these Contract Documents shall be held to mean that any
such responsibility is the obligation of the Owner or the Architect or the
Construction Manager.
1.5 BARRICADES, WARNING DEVICES AND LIGHTING
10/22/02 3:34 PM
PROJECT SAFETY AND HEALTH PLAN
00970-3
MARATHON COURTHOUSE ROOF
A. The Contractor shall be solely responsible for providing temporary ladders, guard
rails, warning signs, barricades, night guard lights, and deck or floor closures
required in connection with his work to comply with Federal, State and local
safety requirements. The Contractor shall be solely and exclusively responsible
for the design, construction, inspection and maintenance of such facilities at all
times.
B. It shall be the responsibility of the Contractor to provide additional temporary
lighting, if needed to maintain safe conditions.
C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe
place to work for all laborers and mechanics and other persons employed on or
in connection with the project, and nothing in these Contract Documents shall be
construed to give any of such responsibility to the Owner, the Architect, or the
Construction Manager.
END OF SECTION 00970
10/22/023:34 PM
PROJECT SAFETY AND HEALTH PLAN
00970-4
MARATHON COURTHOUSE ROOF
SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.1 CONSTRUCTION MANAGEMENT'S DUTIES AND RESPONSIBILITIES
A. The Construction Management Superintendent will monitor all work performed by
the Contractor and assist the Contractor with his conformance of the work to the
Contract Drawings and Specifications.
1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES
A. The Contractor is responsible for the quality of the work performed by his work
force on this project as well as the quality of the material, equipment and supplies
furnished by him to be incorporated into the work.
B. The Contractor will designate a Quality Control Representative who will be on
site at all times while the respective Contractor's work is in progress and will have
the authority and responsibility to accept or reject items of work. The
Contractor's Quality Control Representative may delegate his duties but the
primary responsibility and authority will rest on him.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to the Architect/Engineer. Any
submittal that is at variance to the contract requirements must be identified as
such and transmitted to the Construction Manager for submittal and approval by
the Architect/Engineer or Owner. No work requiring submittal of a shop drawing,
product data or sample shall commence until the submittal has been reviewed
and approved by the Architect/Engineer.
D. The Contractor will bear the responsibility of scheduling all required testing and
inspections by the designated material-testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities. Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this inspection will be filled out
on the appropriate form and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance with the respective
submittals, quality standards, contract drawings and specifications shall be
brought to the attention of Monroe County representative on site and then will be
identified and segregated from accepted items. Items thus identified will not be
incorporated into the work until corrective action acceptable to Construction
Management is completed. Items determined unsalvageable will be removed
10/22/02 3:34 PM
CONTRACTOR QUALITY CONTROL PLAN
00980-1
MARATHON COURTHOUSE ROOF
from the job site. These items shall be noted as deficient in the applicable
section of the Contractor Daily Quality Control Report.
1.3 INSPECTION AND TESTING
A. INSPECTION PLAN
Construction Management utilizes a multi-point inspection plan for each separate
feature of work to be performed under this Contract, Le., work described by each
division of the technical provision section of the contract specifications. This plan
consists of the following:
1. Preparatory Inspection-Prior to commencing the work, the Contractor's
Quality Control Representative will meet with the Construction
Management Superintendent and the Architect's representative if he so
desires to attend and check the following items at a minimum for
conformance:
(a) Approval of shop drawings and submittals.
(b) Approval of inspection and test reports of materials and equipment
to be utilized.
(c) Completion of previous operations of preliminary work.
(d) Availability of materials and equipment required.
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon the particular
operation.
(g) Quality standards.
(h) Safety or environmental precautions to be observed. (Phase
Hazard)
Note: Construction Management will record the minutes to this inspection
meeting and distribute accordingly.
2. Initial Inspection-Upon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will
meet with the Construction Management Superintendent and the
Architect's representative if he so desires to attend and check the
following items at a minimum for conformance:
(a) Workmanship to established quality standards.
(b) Configuration to contract drawings and specifications.
(c) Construction methods, equipment and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: Construction Management will record the minutes to this inspection
meeting and distribute accordingly.
3. Follow-up Inspections-The Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
10/22/023:34 PM
CONTRACTOR QUALITY CONTROL PLAN
00980-2
MARATHON COURTHOUSE ROOF
work to the workmanship standards established during the preparatory
and initial inspections.
Additionally, as a part of the follow-up inspection, sign-off sheets will be
utilized as often as possible. The intent of these sheets is to achieve
concurrence from other trade contractors and responsible parties that
ensuing work can indeed commence over underlying work. This will
prevent oversights and omissions which could elevate costs. Sign-off
sheets shall be used for, but not be limited to, concrete, drywall, ceilings,
painting, roofing substrates and flooring. These reports are to be
generated by the Contractor and submitted to the Construction
Management Superintendent for approval prior to the start-up of work.
Failure to generate a sign-off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if
ensuing problems are detected or not. This disciplinary action shall be
carried out via the Nonconformance Report. (See Section 1.4.B of this
plan.)
Note: The Contractor shall be responsible to record these inspections and all
other project related activities encountered throughout the day on the
Contractor Daily Quality Control Report.
4. Completion Inspections-Upon completion of a given feature of the work,
the Contractor's Quality Control Representative will meet with the
Construction Management Superintendent, if he so desires to attend, to
perform an inspection of the completed work. Nonconforming items will
be identified and corrected prior to commencement of the next operation.
Note: The Contractor shall conduct and report corrections of this inspection
which shall be a required submittal.
5. Follow-On Inspections-Upon execution of the contractor's completion
inspection in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule and
conduct multi-trade or singular inspections prior to covering installation.
Note: Construction Management will record the minutes to this inspection
meeting.
6. Pre-Final Inspection-Upon substantial completion of the project work
Construction Management shall coordinate and conduct a universal
inspection of all areas and elements of the work. The Architect/Engineer
may be represented if he so desires. This inspection shall be completed
at least (15) days prior to the final substantial completion inspection which
shall be conducted by the Architect/Engineer. All deficiencies and
incomplete work should be completed prior to the final substantial
completion inspection.
B. OPERATION AND CHECK OUT TESTING
10/22/02 3:34 PM
CONTRACTOR QUALITY CONTROL PLAN
00980-3
MARATHON COURTHOUSE ROOF
The Contractor will provide personnel and equipment to perform the operational
tests and check-out of the equipment, facilities or equipment constructed,
fabricated or installed under this Contract. The Construction Management
Superintendent will coordinate and witness all such tests. Notification should be
given at least ten (10) days in advance of the scheduled tests.
C. FINAL INSPECTION
Construction Management will coordinate and attend all final inspections of the
work by the Architect/Engineer. Prior to requesting a final inspection, all tests for
the equipment and systems must be completed.
See Section 01700 for contract closeout.
1.4 REPORTING
Maintaining accurate and retrievable records is extremely important in the Quality
Assurance Program. These records will act as a main source of information in the
present and in the future for the entire project management team. The main report that
will be utilized to provide this information is the Daily Quality Control Report.
Nonconformance Reports may also be issued.
A. DAI L Y QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the summary of daily
inspection activities performed by the Contractor's designated Quality Control
Representative. It shall include any of the steps of inspection that are performed
that day, all test monitoring and any rework of nonconforming items. The daily
Quality Control Report section of the Daily Superintendent's Report will be
routinely used for daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor Daily
Quality Control Report, Section 01385.
B. NONCONFORMANCE REPORT
Nonconformance Reports will be issued for work that is found to be in
nonconformance with the contract documents or the referenced quality
standards. The report will be issued by Construction Management.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign-offs will be included with a corresponding
10/22/023:34 PM
CONTRACTOR QUALITY CONTROL PLAN
00980-4
MARATHON COURTHOUSE ROOF
corrective action taken. Significant nonconformances need to be addressed to
prevent recurrence. The signed-off report will also be submitted for review.
Work activities affected by a Nonconformance Report will proportionally counter-
affect payments. Whether that be partial or full retainage will be left up to the
discretion of Construction Management.
1.5 AUDITS
A. Construction Management may choose at its option to perform Contractor audits
of their Contractor Quality Control Plan at any time. Reports of these audit
results will be forwarded to the Project Manager for his action. Any action items
noted during an audit for the Contractor will be followed up and documented to
insure compliance and avoid recurrence.
1.6 SUMMARY
The intention of this plan is to create a system of checks and balances that will minimize
delays caused by rework and a lack of planning and maximize production and insure
that the finished product is one that the entire construction team can pride themselves in.
These goals can be achieved by giving the Owner exactly what he has bought. The
Owner will expect no more and through Quality Assurance, the construction team will
provide no less.
END OF SECTION 00980
10/22/02 3:34 PM
CONTRACTOR QUALITY CONTROL PLAN
00980-5
MARATHON COURTHOUSE ROOF
SECTION 00990
SPECIAL CONDITIONS
1. Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
2. Contractor shall take all means necessary to contain dust and debris as an
integral part of the work.
3. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
4. Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
5. Information shown on the Drawings is assembled from numerous record
information sources and may be inaccurate or incomplete. Contractor shall make
such field visits or investigations as are necessary to prepare an accurate and
complete bid. Claims for extra work or expense after bid closing which are due to
reasonably foreseeable circumstances shall be denied and shall remain the sole
risk and expense of the Contractor. Field measured dimensions shall be
obtained by the Contractor prior to placing orders for fabrications or prefabricated
materials. Adjustments, delays, re-fabrications, or replacement materials due to
inaccurate information are the sole responsibility of the Contractor.
END OF SECTION 00990
10/22/02 3:34 PM
SPECIAL CONDITIONS
00990-1
MARATHON COURTHOUSE ROOF
SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS:
A. Attached GENERAL CONDITIONS, SITE CONDITIONS, SPECIAL
CONDITIONS, BID FORM, forms a component part of this section.
1.2 SUMMARY OF WORK:
The work will include, but not necessarily be limited to, the following items:
removal of existing roofing, new roofing, new roof insulation, new roofing system,
air conditioning condenser relocations, concrete spalling repair, new gutter
system, and miscellaneous items related to above.
1.3
INTENT OF THE SPECIFICATIONS:
A.
The intent of these specifications is to describe the materials and methods of
construction required for the performance of the work. In general, it is intended
that the drawings shall delineate the detailed extent of the work. Drawings,
specifications, and contract documents are complimentary, and what is required
by one shall be as binding as if required by all.
1.4 PROTECTION:
A. The Contractor shall use every available precaution to provide for the safety of
property owner, visitors to the site, and all connected with the work under the
Contract.
B. All existing facilities both above and below ground shall be protected and
maintained free of damage. Existing facilities shall remain operating during the
period of construction unless otherwise permitted. All access roadways must
remain open to traffic unless otherwise permitted.
C. Barricades shall be erected to fence off all construction areas from operations
personnel.
D. Safety Requirements
1. All application, material handling, and associated equipment shall
conform to and be operated in conformance with OSHA safety
requirements.
2. Comply with federal, state and local and owner fire and safety
requirements.
10/22/02 3:34 PM
SUMMARY OF THE WORK
01010-1
MARATHON COURTHOUSE ROOF
3. Advise owner whenever work is expected to be hazardous to owner
employees and/or operations.
4. Maintain a crewman as a floor area guard whenever roof decking is being
repaired or replaced.
5. Maintain proper fire extinguisher within easy access whenever power
tools, roofing kettles, and torches are being used.
1.5 HOUSEKEEPING:
A. Keep materials neat and orderly.
B. Remove scrap, waste and debris from project area.
C. Maintenance of clean conditions while work is in progress and cleanup when
work is completed shall be in strict accordance with the "General Conditions" of
this contract.
D. Fire protection during construction.
E. Housekeeping required on a daily basis.
END OF SECTION 01010
10/22/02 3:34 PM
SUMMARY OF THE WORK
01010-2
MARATHON COURTHOUSE ROOF
SECTION 01015
CONTRACTOR'S USE OF PREMISES
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included:
1. This Section applies to situations in which the Contractor or his
representatives including, but not necessarily limited to, suppliers,
subcontractors, employees, and field engineers, enter upon Owner's
property.
B. Related work:
1. Documents affecting work of this Section include, but are not limited to,
General Conditions, Supplementary Conditions, and Sections in Division
1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
B. Require all personnel who will enter upon the Owner's property certify their
awareness of and familiarity with requirements of this Section.
1.3 SUBMITTALS
A. Maintain an accurate record of names and identification of all persons entering
upon Owner's property in connection with Work of this Contract, including times
of entering and times of leaving, and submit a copy of the record to Owner daily.
1.4 TRANSPORTATION FACILITIES
A. Provide adequate protection for curbs and sidewalks over which trucks and
equipment pass to reach job site.
B. Contractor's vehicles:
1. Require Contractor's vehicles, vehicles belonging to employees of
Contractor, and all other vehicles entering upon Owner's property in
performance of Work of Contract, to use only the Access Route approved
in advance by Owner.
2. Do not permit such vehicles to park on any street or other area of Owner's
property except in the area approved by Owner as "Contractor's Parking
Area."
10/22/02 3:34 PM
CONTRACTOR'S USE OF PREMISES
01015-1
MARATHON COURTHOUSE ROOF
1.5 SECURITY
A. Restrict access of all persons entering upon the Owner's property in connection
with work to the Access Route and to actual site of the work.
END OF SECTION 01015
10/22/02 3:34 PM
CONTRACTOR'S USE OF PREM ISES
01015-2
MARATHON COURTHOUSE ROOF
SECTION 01027
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for
Payment.
2. FORMAT
The Application and Certificate for Payment including the Continuation Sheet, along with
the Partial Release of Lien Form, is the required format for submitting invoices. A copy
of these forms is included in this section. The Owner reserves the right to modify the
format to better suit his internal accounting system.
3. SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be processed until the Contractor's
construction schedule, the schedule of values, and the initial submittal schedule
have been received, reviewed and approved by the Owner's Representative.
B. Submit an updated Construction Schedule, Submittal Schedule and a Partial
Release of Lien with each Application for Payment.
C. Payment Period: Submit once per month. Payment will be made by the Owner
within twenty (20) days after Monroe County Construction Manager receives
approved Application for Payment. The twenty (20) day payment period will not
begin until Monroe County Construction Manager receives Application for
Payment from Architect.
D. Monroe County makes every effort to meet the payment schedule. It is
requested that the contractor not make any calls to any County office inquiring
about payment until the twenty (20) day period has lapsed.
4. MONTHLY PAY REQUEST PROCEDURE
A. The County Finance Department processes payments on Wednesday; therefore,
it is necessary that correct Pay Request Documents, signed by the Architect,
signed and notarized by the Contractor, be received by the Construction
Manager no later than Wednesday for you to receive payment by the second
Friday following submittal.
B. Architect to review as-builts as to current additions, corrections, etc., prior to
monthly approval to ensure as-builts are current.
10/22/023:34 PM
APPLICATION FOR PAYMENT
01027-1
MARATHON COURTHOUSE ROOF
5. FINAL PAY PROCEDURE
A. To help expedite your final payment, it is necessary for the Construction Manager
to have a complete package of documents 20 days in advance of requested pay
date.
B. A minimum of ten (10) working days is required from receipt of correct
documents (signed by the Architect) for Construction Manager to obtain
necessary signatures and submit project for Final Pay. You need to have all
required forms and releases turned into Architect on the job, with copies
submitted to Construction Manager. The following documents (samples
attached) are needed to receive Final Pay on a project:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
CM Document
CM Document
CM Document
AlA Document G-704
AlA Document G0706
AlA Document G-706A
AlA Document G-707
CM Document
Application and Certificate for Payment (2 originals)
Continuation Sheet
Change Orders
Certificate of Substantial Completion
Contractor's Affidavit of Debts and Claims
Contractor's Affidavit of Release of Liens
Consent or Surety to Final Pay
Final Release of Lien
Also, all warranties and guarantees required by Contract. "As-Built" drawings
from job, including red-lined site plan. Notarized original separate Final Release
of Liens from all subcontractors and/or material and equipment suppliers,
certification that all utility bills (i.e., electric, local water) have been paid, and a
complete list of subcontractors with addresses and phone numbers.
C. It is your responsibility to ensure the completeness of the final Pay
Package. Incompleteness will result in delay of final Pay. final Pay
Requests will not be processed until all the required documents are
received by Monroe County Construction Manager. final Pay Request
must be submitted no later than 30 days after final project completion and
acceptance.
6. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit
data justifying dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal. Indicate
Application number and date, and line item by number and description.
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-2
MARATHON COURTHOUSE ROOF
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10/22/023:34 PM
APPLICATION FOR PAYMENT
01027-4
MARATHON COURTHOUSE ROOF
MONROE COUNTY
ENGINEERING/ CONSTRUCTION MANAGEMENT
Contract Change Order
PROJECT TITLE:
CHANGE ORDER NO:
Total Previous Change Orders
Current Change Order
% of Original Contract Amount
% of Contract after Prior C/O's
Original Contract Amount
Revised Contract Amount
Change in contract time
Revised date of
Substantial Completion
Detailed description of change order and justification:
ARCHITECT:
Date
CONTRACTOR:
Date
CONSTRUCTION MANAGER:
Stephanie L. Coffer Date
COUNTY ENGINEER:
David S. Koppel, P.E. Date
DIRECTOR OF PUBLIC WORKS:
C. Dent Pierce Date
COUNTY ADMINISTRATOR:
James L. Roberts Date
10/22/023:34 PM
APPLICATION FOR PAYMENT
01027-5
MARATHON COURTHOUSE ROOF
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CERTIFICATE OF
SUBSTANTIAL COMPLETION
CONSTRUCTION MANAGER - ADVISER EDITION
AlA DOCUMENTG7041CMa - ELECTRONIC FORMAT
OWNER
CONSTRUCTION MANAGER
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT:
(Na1M and addTlSJ)
PROJECT NOS:
CONTRACT FOR:
CONTRACT DATE:
TO CONTRACTOR:
(Na_ and address)
TO OWNER:
(Na1M and addrrss)
DATE OF ISSUANCE:
PROfECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Construction Manager's and Architect's best knowledge,
information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the
Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established
as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
CONSTRUCTION MANAGER
DATE
BY
ARCHITECT
BY
DATE
The Contractor will complete or correct the Work on the list of items attached hereto within days from the above date of Substantial
Completion.
BY
DATE
CONTRACTOR
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time)
on (date).
BY
DATE
OWNER
lhe responSibilitIes ot the owner and the contractor tor secunty. mamtenance,lleat, ut1l1tIes, damage to the Worl< and msurance shall
be as follows:
(Not~-Own"'s md Contnctor's legal md insur.tl1Ctl counsel should determine 8/xhelliewinsunnce requirements md coVMl8e.)
o 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT G7041CMa
_ CERTIFICATION OF SUBSTANTIAL COMPLETION - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIAiD. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with
permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User
Document: g704cma,aia -- 21412002. AlA License Number 1123291, which expires on 113112003.
Electronic Format G704/CMa - 1992
1
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-6
MARATHON COURTHOUSE ROOF
CONTRACTOR1S AFFIDAVIT OF
PAYMENT OF DEBTS AND CLAIMS
AIA DOCUMENTG.?06 - ElECmONIC FORMAT
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
o
o
o
o
D
llil') UUC-UM.JfJVl itA') IMJ"UK1AJV7 .Ll:CiAL C-OlV.>Jf</UlfNU:3; C-OlVSUL1All0lV Wnli AJV A770KlVL;Y I,) .JfJVC-OUKAWfU Wnli K.lf.>J'L;LJ 10 IT,)
COMPlETION OR MOlJIFICATION. AUTHENTICATION OF THIS ElECTRONICAlLY [)llAfTElJ AlA JJOCUMENT MAY BE MADE BY USING AlA
DOCUMENT DJ{J1
TO OWNER:
(Name and addrm)
ARCHITECT'S PROJECT NO.:
PROJECT:
(Name arut address)
CONTRACT FOR:
CONTRACT DATED:
STArE OF:
COUNTY OF:
The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been
satisfied for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above
for which the Owner or Owner's properly might in any way be held responsible or encumbered.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATIACHED HERETO:
CONTRACTOR:
(NVMInd~)
1. Consent of Surety to Final Payment. Whenever Surety is
involved, Consent of Surely is required. AlA Document
G707, Consent of Surety, m~ used for th~urpose.
Indicate attachment: U yes U no
The foUowing supportiDK documents mould be attacIJed
ne"to if ~uirerl hy the Owner.
1. Contractor's Release or Waiver of Liens, conditional
upon receipt of final payment.
BY:
(S{fnlllun: ofllu/l1oriz<<1 "prm!Du/i>t:)
(PJin/<<1_1lIKI /ilk)
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment suppliers, to
the extent required by the Owner, accompanied by a list
thereof.
Subscribed and sworn to before me on this date:
3. Contractor's Affidavit of Release of Liens (AlA
Document G706A).
Notary Public:
My Commission Expires:
C 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006.5292. AlA DOCUMENT G706 .
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS - 1994 EDITION - AIA~ . WARNING: Unlicensed photocopying violates U.S.
copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g706mast.aia .. 2/4/2002.
AlA License Number 1123291, which expires on 113112003.
Electronic Format G706-1994
1
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-7
MARATHON COURTHOUSE ROOF
CONTRACTOR'S AFFIDAVIT OF
RELEASE OF LIENS
AM DOCUMENTG70G4 - ELECTRONIC FORMAT
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
o
o
o
o
o
THIS l.XX;UMJ:;Nl t1A:i IMl'UKIANI LLUAL UJNSJ:;l,lut.NLt:l; LUNSULIAIIUN WIU1 AN ^llUKNJ:;Y IS J:;NLUUKAuJ:;1J WIIH KtSl'J:;l;1 IU liS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS El.EcrRONlCALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
DOCUMENT D"",
TO OWNER:
(NarM and tuUm!)
ARCHITECT'S PROJECT NO.:
PROJECT:
(Na/IU and address)
CONTRACT FOR:
CONTRACT DATED:
STATE OF:
COUNTY OF:
The undersigned hereby certifies thallo lhe besl of the undersigned's knowledge. informalion and belief. excepl as listed below. the
Releases or Waivers of Lien attached hereto include the Contractor. all Subconlractors, all suppliers of malerials and equipmenl, and all
performers of Work, labor or services who have or may have liens or encumbrances or the righllo assert liens or encumbrances against
any property of the Owner arising in any manner oul of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED HERETO:
CONTRACTOR:
(JV6RJUntlltltmss)
1. Conlractor's Release or Waiver of Liens, conditional
upon receipl of final payment
BY:
(Si.fI16/UJ'J! oflutIJorized "pres~nuti~)
2. Separate Releases or Waivers of Liens from
Subcontractors and malerial and equipmenl suppliers. lo
the extenl required by the Owner, accompanied by a list
thereof.
(Printed /WJ1~ md tit/~)
Subscribed and sworn lo before me on this dale:
Notary Public:
My Commission Expires:
o 1994 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006-5292. AlA DOCUMENT G706A -
CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS. 1994 EDITION . AIA~ - WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. User Document: g706amst.aia -- 2/412002. AlA license
Number 1123291, which expires on 1/31/2003.
Electronic Format G706A. 1994
1
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-8
MARATHON COURTHOUSE ROOF
CONSENT OF SURETY
TO FINAL PAYMENT
AM DOCUMENTG707 - ElEC1RONIC FORMAT
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
D
D
D
D
D
Tltl') uuc.UMIfIV7 itA') IMJ'UK7A/V7 LJ;WfJ. C-ON5/iC/UJ;fVUfS; c-ON,)UL7AllUN Willi AN A770KN/;Y I,) J::/Vc-OUKAUUJ Willi K/;SP/;L7 70 113
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALlY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
lXXUMENT D4oJ.
TO OWNER:
(Na",. aM addr,ss)
ARCHTECT'S PROJECT NO.:
PROJECT:
(Na_ aM addr,ss)
CONTRACT FOR:
CONTRACT DATED:
In accordance With the provlSlons ot the Contract between the Owner and the Contractor as mdicated above, the
(Ins.rl na"" aM addrlJs of Surely)
, SURElY,
on bond of
(Inserl na"" aM addrUJ of Conlrtl&lor)
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of
any of its obligations to
(Ins," _ aM add",. of Own,,)
, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date;
(IlISIrI in wriling IIac "",nlh follawod by Ih, _Tic dale aM )'I4r.)
(Surely)
Attest:
(Signalun of lIJIlhorind repr_nlaliw)
(Seal):
(Prinled _ aM lill,)
o 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT G707 -
CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AlAe - WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. User Document: g707mast.aia - 2/412002. AlA License
Number 1123291, which expires on 113112003.
Electronic Format G707 - 1994
1
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-9
MARATHON COURTHOUSE ROOF
Instructions for AlA Document G707
Consent of Surety to Final Payment - 1994 Edition
Final printing requires 1 Document Unit
A. General Information
1. Purpose
This document is intended for use as a companion to AlA Document G70B, Contractor's Affadavit of Payment
of Debts and Claims, on construction projects where the Contractor is required to furnish a bond. By obtaining
the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve
the Surety of any of its obligations, the Owner may preserve its rights under the bond.
2. Related Documents
This document may be used with most of the AlA's Owner-Contractor agreements and general conditions,
such as A201 and its related family of documents. As noted above, this is a companion document to AlA
Document G706.
3. Use of Current Documents
Prior to using any AlA document, the user should consult the AlA, an AlA component chapter or a current AlA
Documents List to determine the current edition of each document.
4. Reproductions
This document is a copyrighted work and may not be reproduced or excerpted from in substantial part without
the express written permission of the AlA. This document in its completed form (non-draft) is intended to be
used as a consumble-that is, the original document is intended to be consumed in the course of being used.
There is no implied permission to reproduce this document nor does membership in The American Institute of
Architects confer any further rights to reproduce it in whole or in part. A limited license is hereby granted to
subscribers of the AlA Contract Documents: Electronic Format for Windows'" to reproduce the completed
document, with or without signatures, but only for use in connection with a particular Project. Further
reproductions are prohibited without application by a specific user to and after receipt of written permission
from the AlA.
To ensure accuracy and uniformity of language, purchasers should use only an original AlA document
generated by the AlA Contract Documents: Electric Format for Windows '" software. Documents reproduced in
this program may be accompanied by AlA Document 0401, Certification of Documenfs Authenticity. In
addition, all documents in the program contain the license number under which the document was reproduced.
B. Changes from the Previous Edition
Changes in the location of various items of information were made, without revision to the substance of the
document.
C. Completing the G707 Form
GENERAL: The bond form is the usual source of required information such as the contract date and the
names and addresses of the Surety, Owner, Contractor and Project.
ARCHITECT'S PROJECT NO.: This information is typically supplied by the Architect and entered on the form
by the Contractor.
CONTRACT FOR: This refers to the scope of the contract, such as "General Construction" or "Mechanical
Work".
D. Execution of the Document
The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative.
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-10
MARATHON COURTHOUSE ROOF
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($
)
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien
rights, claims or demands of any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS
day of
,20
Witness
Name of Company
Witness
Signature, Title
Notary Public
My commission expires:
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-11
MARATHON COURTHOUSE ROOF
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.:
PERIOD ENDING DATE:
APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the
payment of the sum $ , to be paid to the undersigned, hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
amount of $ , as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the
undersigned for improvement to the subject property have been paid in full. Any and all
suppliers of labor, material or services for improvement to the subject property, who have not
been paid in full are listed below with the amount owing each, claimed by each and the reason
for non-payment: (If none, write "NONE")
CLAIMANT AMOUNT DUE
AMOUNT CLAIMED REASON FOR NONPAYMENT
THAT all taxes imposed by all government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS
day of
,20
Witness
Name of Company
Witness
Signature, Title
10/22/02 3:34 PM
APPLICATION FOR PAYMENT
01027-12
MARATHON COURTHOUSE ROOF
END OF SECTION 01027
10/22/02 3:34 PM
01027-13
APPLICATION FOR PAYMENT
MARATHON COURTHOUSE ROOF
SECTION 01040
PROJECT COORDINATION
PART I - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provIsions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and supervisory requirements necessary for
Project coordination including, but not necessarily limited to:
1. Coordination
2. Administrative and supervisory personnel
3. General installation provisions
4. Cleaning and protection
B. Field engineering is included in Section "Field Engineering".
C. Progress meetings, coordination meetings and pre-installation conferences are
included in Section "Project Meetings".
D. Requirements for the Contractor's Construction Schedule are included in Section
"Submittals" .
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation,
connection, and operation.
1. Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
10/22/02 3:34 PM
PROJECT COORDINATION
01040-1
MARATHON COURTHOUSE ROOF
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules
2. Installation and removal of temporary facilities
3. Delivery and processing of submittals
4. Progress meetings
5. Project Close-out activities
D. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and
materials.
1. Salvage materials and equipment involved in performance of, but not
actually incorporated in, the Work. Refer to other sections for disposition
of salvaged materials that are designated as Owner's property.
1.4 SUBMITTALS
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off-site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1. Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section "Submittals".
4. Refer to Division-15 Section "Basic Mechanical Requirements", and
Division-16 Section "Basic Electrical Requirements" for specific
coordination Drawing requirements for mechanical and electrical
installations.
B. Staff Names: Within 15 days of Notice to Proceed, submit a list of the
Contractor's principal staff assignments, including the Superintendent and other
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1. Post copies of the list in the Project meeting room, the temporary field
office, and each temporary telephone.
PART 2 - PRODUCTS (Not Applicable)
10/22/023:34 PM PROJECT COORDINATION
01040-2
MARATHON COURTHOUSE ROOF
PART 3 - EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
A. Inspection of Conditions: Require the Installer of each major component to
inspect both the substrate and conditions under which Work is to be performed.
Do not proceed until unsatisfactory conditions have been corrected in an
acceptable manner.
B. Manufacturer's Instructions: Comply with manufacturer's installation instructions
and recommendations, to the extent that those instructions and
recommendations are more explicit or stringent than requirements contained in
Contract Documents.
C. Inspect materials or equipment immediately upon delivery and again prior to
installation. Reject damaged and defective items.
D. Provide attachment and connection devices and methods necessary for security
Work. Secure Work true to line and level. Allow for expansion and building
movement.
E. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in
exposed Work to obtain the best visual effect. Refer questionable choices to the
Architect for final decision.
F. Recheck measurements and dimensions, before starting each installation.
G. Install each component during weather conditions and Project status that will
ensure the best possible results. Isolate each part of the completed construction
from incompatible material as necessary to prevent deterioration.
H. Coordinate temporary enclosures with required inspections and tests, to
minimize the necessity of uncovering completed construction for that purpose.
I. Mounting Heights: Where mounting heights are not indicated, install individual
components at standard mounting heights recognized within the industry for the
particular application indicated. Refer questionable mounting height decisions to
the Architect for final decision.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction, completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
1. Excessive static or dynamic loading
2. Excessive internal or external pressures
10/22/02 3:34 PM
PROJECT COORDINATION
01040-3
MARATHON COURTHOUSE ROOF
3. Excessively high or low temperatures
4. Thermal shock
5. Excessively high or low humidity
6. Air contamination or pollution
7. Water
8. Solvents
9. Chemicals
10. Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soiling, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
23. Contract between incompatible materials
24. Destructive testing
25. Misalignment
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30. Vandalism.
END OF SECTION 01040
10/22/02 3:34 PM
PROJECT COORDINATION
01 040-4
MARATHON COURTHOUSE ROOF
SECTION 01045
CUTTING AND PATCHING
PART 1 - GENERAL
1.1. RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for cutting and
patching.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section: "Coordination" for procedures for coordination cutting
and patching with other construction activities.
2. Division 2 Section: "Selective Demolition" for demolition of selected
portions of the building for alterations.
3. Refer to other Sections for specific requirements and limitations
applicable to cutting and patching individual parts of the Work.
a. Requirements of this Section apply to mechanical and electrical
installations. Refer to Division 15 Sections for other requirements
and limitations applicable to cutting and patching mechanical and
electrical installations.
4. Describe anticipated results in terms of changes to existing construction.
Include changes to structural elements and operating components as well
as changes in the building's appearance and other significant visual
elements.
5. List products to be used and firms or entities that will perform Work.
6. Indicate dates when cutting and patching will performed.
7. Utilities: List utilities that cutting and patching procedures will distribute or
affect. List utilities that will be relocated and those that will be temporarily
out-of-service. Indicate how long service will be disrupted.
8. Where cutting and patching involves adding reinforcement to structural
elements, submit details and engineering calculations showing integration
of reinforcement with the original structure.
10/22/023:34 PM
CUTTING AND PATCHING
01045-1
MARATHON COURTHOUSE ROOF
9. Approval by the Architect to proceed with cutting and patching does not
waive the Architect's right to later require complete removal and
replacement of unsatisfactory work.
1.4 QUALITY ASSURANCE
A. Requirements for Structural Work: Do not cut and patch structural elements in a
manner that would change their load-carrying capacity or load-deflection ratio.
1. Obtain approval of the cutting and patching proposal before cutting and
patching the following structural elements:
a. Foundation construction.
b. Bearing and retaining walls.
c. Structural concrete.
d. Structural steel.
e. Lintels
f. Timber and primary wood framing.
g. Structural decking.
h. Stair systems
i. Miscellaneous structural metals.
B. Operational Limitations: Do not cut and patch operating elements or related
components in a manner that would result in reducing their capacity to perform
as intended. Do not cut and patch operating elements or related components in
a manner that would result in increased maintenance or decreased operational
life or safety.
1. Obtain approval of the cutting and patching proposal before cutting and
patching the following operating elements or safety related systems.
a. Fire protection systems.
b. Control systems.
c. Communication systems.
d. Electrical wiring systems.
C. Visual Requirements: Do not cut and patch construction exposed on the
exterior or in occupied spaces in a manner that would, in the Architect's opinion,
reduce the building's aesthetic qualities. Do not cut and patch construction in a
manner that would result in visual evidence of cutting and patching. Remove and
replace construction cut and patched in a visually unsatisfactory manner.
1. If possible retain the original Installer or fabricator to cut and patch the
exposed Work listed below. If it is impossible to engage the original
Installer or fabricator, engage another recognized experienced and
specialized firm.
a. Stonework and stone masonry.
b. Ornamental metal.
1.5 WARRANTY
10/22/02 3:34 PM
CUTTING AND PATCHING
01045-2
MARATHON COURTHOUSE ROOF
A. Existing Warranties: Replace, patch, and repair material and surfaces cut or
damaged by methods and with materials in such a manner as not to void any
warranties required or existing.
PART 2 - PRODUCTS
2.1 MATERIALS, GENERAL
PART 3 - EXECUTION
3.1 INSPECTION
A. Examine surfaces to be cut and patched and conditions under which cutting and
patching is to be performed before cutting. If unsafe or unsatisfactory conditions
are encountered, take corrective action before proceeding.
1. Before proceeding, meet at the Project Site with parties involved in cutting
and patching, including mechanical and electrical trades. Review areas
of potential interference and conflict. Coordinate procedures and resolve
potential conflicts before proceeding.
3.2 PREPARATION
A. Temporary Support: Provide temporary support of work to be cut.
B. Protection: Protect existing construction during cutting and patching to prevent
damage. Provide protection from adverse weather conditions for portions of the
Project that might be exposed during cutting and patching operations.
C. Avoid interference with use of adjoining areas or interruption of free passage to
adjoining areas.
D. Avoid cutting existing pipe, conduit, or ductwork serving the building but
scheduled to be removed or relocated until provisions have been made to bypass
them.
3.3 PERFORMANCE
A. General: Employ skilled workmen to perform cutting and patching. Proceed with
cutting and patching at the earliest feasible time and complete without delay.
1. Cut existing construction to provide for installation of other components or
performance of other construction activities and the subsequent fitting
and patching required to restore surfaces to their original condition.
10/22/02 3:34 PM
CUTTING AND PATCHING
01045-3
MARATHON COURTHOUSE ROOF
B. Cutting: Cut existing construction methods least likely to damage elements
retained or adjoining construction. Where possible, review proposed procedures
with the original Installer; comply with the original Installer's recommendations.
1. In general, where cutting, use hand or small power tools designed for
sawing or grinding, not hammering and chopping. Cut holes and slots as
small as possible, neatly to size required, and with minimum disturbance
of adjacent surfaces. Temporarily cover openings when not in use.
2. To avoid marring existing finished surfaces, cut or drill from the exposed
or finished side into concealed surfaces.
3. Cut through concrete and masonry using a cutting machine, such as a
Carborundum saw or a diamond-core drill.
4. Comply with requirements of applicable Division 2 Sections where cutting
and patching requires excavating and backfilling.
5. Where services are required to be removed, relocated, or abandoned, by-
pass utility services, such as pipe or conduit, before cutting. Cut-off pipe
or conduit in walls or partitions to be removed. Cap, valve, or plug and
seal the remaining portion of pipe or conduit to prevent entrance of
moisture or other foreign matter after by-passing and cutting.
C. Patching: Patch with durable seams that are as invisible as possible. Comply
with specified tolerances.
1. Where feasible, inspect and test patched areas to demonstrate integrity of
the installation.
2. Restore exposed finishes of patched areas and extend finish restoration
into retained adjoining construction in a manner that will eliminate
evidence of patching and refinishing.
3. Where removing walls or partitions extends one finished area into area,
patch and repair floor.
3.4 CLEANING
A. Clean areas and spaces where cutting and patching are performed. Completely
remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping,
conduit, and similar features before applying paint or other finishing materials.
Restore damaged piping covering to its original condition.
END OF SECTION 01045
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CUTTING AND PATCHING
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MARATHON COURTHOUSE ROOF
SECTION 01050
FIELD ENGINEERING
PART1-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provIsions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements for
field-engineering services including, but not limited to, the following:
1. Land survey work.
2. Civil-engineering services.
3. Damage surveys.
4. Geotechnical monitoring.
B. Related Sections: The following Sections contain requirements that related to
this Section:
1. Division 1 Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner-accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Final Property Survey: Submit 10 copies of the final property survey.
C. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land-surveying services.
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B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to layout the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroy Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning sitework, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
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MARATHON COURTHOUSE ROOF
2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1. Record deviations from required lines and levels, and advise the Architect
when deviations that exceed indicated or recognized tolerances are
detected. On Project Record Drawings, record deviations that are
accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field-engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and sitework.
C. Site Improvements: Locate and layout site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and layout batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines
and levels required for mechanical electrical work.
E. Existing Utilities: Furnish information necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
F. Final Property Survey: Prepare a final property survey showing significant
features (real property) for the Project. Include on the survey a certification,
signed by the surveyor, that principal metes, bounds, lines, and levels of the
Project are accurately positioned as shown on the survey.
1. Recording: At Substantial Completion, have a final property survey
recorded by or with local governing authorities as the official " property
survey".
END OF SECTION 01050
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FIELD ENGINEERING
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MARATHON COURTHOUSE ROOF
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1. SUMMARY
A. Section includes:
1. Project meetings
2. CONSTRUCTION MANAGER'S RESPONSIBILITY
A. Construction Manager shall schedule and administer pre-construction meeting,
periodic progress meetings, and specially called meetings throughout progress of
the Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting 24 hours in advance of meeting date, or
provide as much advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
c. To the Architect.
B. Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The Architect and the Owner's Representative may attend meetings to ascertain
that the Work is expedited consistent with the Contract Documents and
construction schedules.
3. PRE-CONSTRUCTION MEETING
A. Location: A central site designated by the Construction Manager.
B. Attendance:
1. Monroe County Construction Manager or his designee.
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2. The Architect and his professional consultants (as required).
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
6. Others as appropriate.
C. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
c. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first-aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
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4. WEEKLY PROGRESS MEETINGS
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a weekly scheduling meeting.
B. Location of the meetings: A central site designated by the Construction Manager,
typically it will be at the project site.
C. Attendance:
1. The Architect and his professional consultants as needed.
2. Contractors as appropriate to the agenda.
3. Suppliers as appropriate to the agenda.
4. Others.
D. Suggested Agenda:
1. Distribute meeting minutes.
2. Approval of the minutes.
3. Review of Work progress since previous meeting.
4. Field observations, problems, conflicts, Requests for Information (RFI).
5. Problems which impede Construction Schedule.
6. Review of off-site fabrication, delivery schedules.
7. Corrective measures and procedures to regain projected schedule.
8. Revisions to Construction Schedule.
9. Progress, schedule, during succeeding Work period.
10. Coordination of schedules.
11. Review submittal schedules.
12. Maintenance of quality standards.
13. Pending changes, substitutions and Change Order Requests (COR).
14. Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
15. Other business.
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E. Revisions to minutes:
1. Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
END OF SECTION 01200
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PROJECT MEETINGS
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SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Submit to the Architect, shop drawings, product data, certifications and
samples required by the technical sections.
2. Prepare and submit a separate schedule listing dates for submission and
dates for review.
B. Related Sections:
1. Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample requirements.
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within ten (10) days of award of the Contract, and
prior to proceeding with the site work, a preliminary "Submittal Schedule" to the
Architect for review, modification and response. No payment applications will be
processed prior to finalizing the submittal schedule. The "Submittal Schedule"
shall contain the following information for all required submittals:
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (Le., sample, test data, shop drawing,
etc.).
B. The Contractor shall also supply the following dates in order to meet the project
schedule.
1. Date submittal is scheduled to be submitted to the Architect.
2. Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled' delivery to job-site of material or
equipment or the submittal item.
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4. Add any remarks or unique items that the Construction Manager or
Architect/Engineer should be aware of.
C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by
Architect/Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within the
process.
1.3 SHOP DRAWINGS
A. Provide shop drawings as complete legible submittals (no partial sets) on original
drawings or information prepared solely by the fabricator or supplier. Deviation
from complete submittals will only be allowed by pre-arranged method.
B. Do not reproduce the Contract Drawings for shop drawing submittals.
C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the
Contract Drawings.
D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps
of the Architect and the Contractor.
E. Each print shall carry the following information:
1. Project name and contract number.
2. Date.
3. Names of:
a. The Architect
b. The Construction Manager
c. The Contractor
d. Supplier
e. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Contractor to verify that product meets or exceeds applicable standards
listed in document.
9. Identification of deviations from Contract Documents.
10. Reference to construction drawings by drawing number and/or detain
number.
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F. The contractor shall submit seven (7) sets to the Architect. The Architect will
check the submission and forward two (2) sets to the Construction Manager and
the balance of sets to the Contractor. After corrections are made, the requested
number of sets of shop drawings issued "For Construction Use" will be
distributed to the Architect, the Construction Manager and other trade contractors
by the Contractor prior to the start of the Work.
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to the Architect. Submit seven (7) copies of
product data to the Architect.
B. Modify product data sheets to delete information which is not applicable to the
Project. Provide additional information if necessary to supplement standard
information.
C. The contractor shall submit seven (7) sets to the Architect. The Architect will
check and return two (2) copies to the Construction Manager and the balance to
the Contractor after review.
1.5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and to
establish standards by which completed work may be judged.
B. Construct mock-ups as required by the technical sections, at the Project Site in a
location designated by the Construction Manager. Construct mock-ups, including
adjacent work required, to demonstrate the final appearance of the Work.
C. The contractor shall submit (3) samples to the Architect, and (1) will be returned
to the contractor after review/return from the Architect/Engineer and Construction
Manager.
1.6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationary. Certifications shall be identified to this Project,
dated and bear Contractor's signature in the same format used for the
Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material and the
intended installation methods, where applicable, are in compliance with the
Contract Documents. Attach manufacturer's affidavits where applicable.
C. The Contractor shall submit one (1) original and copies to the Architect. The
Architect will return two (2) sets to the Construction Manager and the balance to
the Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
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SUBMITTALS
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MARATHON COURTHOUSE ROOF
A. Before making submittals to the Architect/Engineer, review each submittal, make
changes or notations as necessary to conform to the Contract Documents,
identify such review with review stamp and forward reviewed submittal with
comments to the Construction Manager for review. Return submittals not
meeting Contract requirements to subcontractors and do not forward such
submittals to the Construction Manager.
B. Submit catalog sheets, product data, shop drawings and where specified, submit
calculations, material samples, color chips or charts, test data, warranties and
guarantees all at the same time for each submittal item.
C. Verify field measurements and product catalog numbers or similar data.
D. Clearly identify on the submittal and transmittal to the Construction Manager in
writing of deviations in submittals from the requirements of the Contract
Documents.
E. After the Construction Manager's and the Architect's review, distribute copies
with one copy to be maintained at the Project Site for reference use and other
copies distributed to suppliers and fabricators.
F. Do not begin the Work which requires submittals until return of submittals with
the Construction Manager's and the Architect's stamp and initials indicating
review.
G. The Contractor's responsibility for errors and omiSSions in submittals is not
relieved by the Construction Manager's or the Architect's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by the Construction Manager's or the
Architect's review of submittals unless the Architect gives written acceptance of
specific deviations.
1.8 THE ARCHITECT'S RESPONSIBILITIES
A. The Architect will review submittals with reasonable promptness, checking only
for conformance with the design compliance of the Project and compliance with
information given in the Contract Documents.
B. The Architect will make changes or notations directly on the submittal, identify
such review with his review stamp, obtain and record the Architect file copy and
return the submittal to the Contractor, with copies to the Construction Manager.
C. The Architect/Engineer will return to the Contractor, without review, all submittals
not bearing the Contractor's review stamp or not showing it has been reviewed
by the Contractor.
END OF SECTION 01301
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SUBMITTALS
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MARATHON COURTHOUSE ROOF
SECTION 01310
PROGRESS SCHEDULES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Progress schedules
2. Revisions to schedules
B. Related sections:
1. Scope of work.
C. Description:
1. Progress Schedules: promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to the Construction
Manager for approval, construction progress schedules for the work, with
sub-schedules of related activities which are essential to its progress.
Also incorporate manpower loading related to each activity on the
construction schedule.
2. Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
1.2 FORMAT
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Construction Manager.
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub-schedules to define critical portions of the entire schedule.
D. Submit separate schedule of submittal dates for shop drawings, product data,
and samples, including the Owner furnished products and products identified
under allowances and dates reviewed submittals will be required from the
Architect. Reference Section 01301 - Submittals.
1.4 REVISIONS TO SCHEDULES
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MARATHON COURTHOUSE ROOF
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
B. Identify activities modified since previous submittal, major changes in scope, and
other identifiable changes.
1. Major changes in scope.
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.5 SUBMITTALS
A. Submit initial schedules within seven (7) days after receipt of the Contract Notice
to Proceed.
1. The Construction Manager will review schedules and return approved
copy.
2. Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon the Construction Manager to notify the Contractor when
to begin, to cease, or to resume work nor to give early notice of faulty or
defective work, nor in any way to superintend so as to relieve the Contractor of
responsibility or of any consequence of neglect or carelessness.
END OF SECTION 01310
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MARATHON COURTHOUSE ROOF
SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. The Schedule of Values allocated to the various portions of the Work
shall be submitted to the Construction Manager within three (3) days after
Notice to Proceed.
2. Upon request of the Construction Manager, revise and/or support the
values with data which will substantiate their correctness.
3. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AlA G703 Form; the Contractor's standard forms and
automated printout will be considered by the Construction Manager upon the
Contractor's request. Identify schedule with:
1. Title of Project and location.
2. The Architect and Construction Manager.
3. Name and Address of the Contractor.
4. Contract designation.
5. Date of submission.
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
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MARATHON COURTHOUSE ROOF
3. Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub-values of major products or operations under the
item.
F. For the various portions of the Work:
1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. For items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
c. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub-schedule for each separate stage of work specified in
Section 00300.
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Construction Manager, revise and resubmit schedule (and
Schedule of Material Values) as required.
B. Resubmit revised schedule in same manner.
END OF SECTION 01370
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SCHEDULE OF VALUES
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MARATHON COURTHOUSE ROOF
SECTION 01385
DAILY CONSTRUCTION REPORTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by the General Contractor.
2. Scheduled submission times for Daily Construction Reports.
1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
A. Daily Construction Reports shall be submitted by the General Contractor
performing work on the project. We have provided a form for your use at the end
of this section. If you chose to use your own form, all the information asked for on
the Daily Construction Report form included in this section, must be included on
your form. Items to be addressed on the Report are:
1 . Title of Project
2. Name of Contractor
3. Date and day of Report information. For example, you performed work
on Thursday, April 18, 1991, so you would therefore use "Thursday,
4/18/91." This holds true even if you did not complete filling out the
Report until Friday, 4/19/91.
4. Contract designation.
5. Note any major Shipments received on that particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades. For example, if you
were the mechanical contractor, you would also list how many insulators,
pipe fitters, etc., that you were also managing, even if they were
subcontractors. In addition, list the names of the subcontractors that
were on-site that day.
8. Note any deficiencies in your work, and corrective actions taken to
resolve the deficiencies.
9. Note any safety violations discovered, whether or not caused by your
forces.
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10. Provide a full description of work performed that day, by all
subcontractors, and or employees, currently working on the project.
Furthermore, be sure to include any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized representative of the contractor,
and should the signature not be legible, print the name of the signer next
to the signature.
1.3 SCHEDULE OF SUBMITTING DAILY REPORTS
A. Daily Reports are to be submitted at the Weekly Project Meetings. Contractors
are to submit the original of their report, and should keep a copy for their records.
The Construction Manager's photocopying facilities are not to be used in the
reproduction for submission of the reports.
B. Should contractor fail to comply with these instructions, the contractor's payment
application for the following month will be held in abeyance until such time the
contractor properly submits the delinquent reports.
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DAILY CONSTRUCTION REPORTS
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DAILY CONSTRUCTION REPORT
PROJECT:
REPORT NO:
CONTRACTOR:
DATE TIME
EST. % OF COMPLETION
WORK IN PROGRESS
WEATHER TEMP.RANGE
CONFORMANCE WITH SCHEDULE (+,-)
PRESENT AT SITE
OBSERVATIONS
ITEMS TO SATISFY
INFORMATION OR ACTION REQUIRED
ATTACHMENTS
REPORT BY:
END OF SECTION 01385
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DAILY CONSTRUCTION REPORTS
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SECTION 01395
REQUEST FOR INFORMA liON (RFI)
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Notification of Architect and Construction Manager in the event errors,
field conflicts, and omissions are found in the Contract Documents, or
clarifications are necessary.
2. Utilization of (RFI) form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
3. General Conditions Article 12.3
1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of the Architect and the Construction Manager
immediately. If clarifications are necessary, the request is to be conveyed to the
Architect with a copy to the Construction Manager. The Architect will respond to
the Contractor with a copy to the Construction Manager. The RFI is a tool
established to provide expedient clarifications of contract drawings, specifications
or field conflicts. It is not meant to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work. Reference General
Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions),
when formal correspondence is required for formal notification of time
extensions, and for cost change notifications.
C. The responses provided on the RFI form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraph 12.4 of the Contract General Conditions. Should the Contractor
consider the RFI response requires extra work, notification in accordance with
Paragraph 12.3.1 of the Supplementary General Conditions is required.
1.3 UTILIZATION OF RFI FORM
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A. The RFI form to be utilized is included at the end of this section, if you wish to
use a form of your own, it must contain the same information requested on our
form.
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REQUEST FOR INFORMATION
01395-2
MARATHON COURTHOUSE ROOF
FROM
CONTRACTOR
ADDRESS
PHONE FAX CELL
TO
ARCHITECT
ADDRESS
PHONE FAX CELL
DESCRIPTION
CONTRACTOR RECOMMENDATION
COST IMPACT
NAME
DATE
RESPONSE
NAME
DATE
10/22/02 3:34 PM
END OF SECTION 01395
REQUEST FOR INFORMATION
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SECTION 01400
QUALITY CONTROL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services.
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Architect.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products.
1. Specific quality control requirements for individual construction activities
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Architect, Owner, or authorities having jurisdiction are not limited by
provisions of this Section.
E. Related Sections: The following Sections contain require that related to this
Section:
1. Division 1 Section "Cutting and Patching" specifies requirements for
repair and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
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1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of
another identified entity, Contractor shall provide inspections, tests, and other
quality-control services specified elsewhere in the Contract and required by
authorities having jurisdiction. Costs for these services are included in the
Contract Sum.
1. Where individual Sections specifically indicate that certain inspections,
tests, and other quality-control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing
agency to perform quality-control services. Costs for these services are
included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of he Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re-testing: The Contractor is responsible for re-testing where results of
inspections, tests, or other quality-control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
1. The cost of re-testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provided reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections
and tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
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7. Provide security and protection of samples and test equipment at the
Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify the Architect and the Contractor promptly of
irregularities or deficiencies observed in the Work during performance of
its services.
2. The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion
of the Work.
3. The agency shall not perform any duties of the Contractor.
1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,
test, or similar service to the Architect. If the Contractor is responsible for the
service, submit a certified written report, in duplicate, of each inspection, test, or
similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing
authority, when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
L Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
I. Name and signature of laboratory inspector.
m. Recommendation on re-testing.
1.5 QUALITY ASSURANCE
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A. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre-qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
1. Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar
services, repair damaged construction and restore substrates and finishes.
Comply with Contract Document requirements for Division 1 Section "Cutting and
Patching" .
B. Protect construction exposed by or for quality-control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment
of responsibility for inspection, testing, or similar services.
END OF SECTION 01400
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SECTION 01410
TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Selection and payment
2. The Contractor submittals
3. Testing laboratory responsibilities
4. Testing laboratory reports
5. Limits on testing laboratory authority
6. The Contractor responsibilities
7. Schedule of inspections and tests
B. Section Includes:
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Section 01800 - SOIL BORING DATA
4. Individual Specification Sections: inspections and tests required, and
standards for testing.
1.2 SELECTION AND PAYMENT
A. The Contractor will employ and pay for services of an independent testing
laboratory to perform specified inspection and testing indicated in technical
Specification Sections.
B. Employment of testing laboratory shall in no way relieve the Contractor of
obligation to perform the Work in accordance with requirements of the Contract
Documents.
1.3 QUALITY ASSURANCE
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A. Testing laboratory: authorized to operate in the State of Florida.
B. Testing laboratory staff: maintain a full time registered Engineer on staff to
review services.
C. Testing Equipment: calibrated at reasonable intervals with devices of an
accuracy traceable to either National Bureau of Standards (NBS) standards or
accepted values of natural physical constants.
D. Meet "Recommended Requirements for Independent Laboratory Qualification,"
published by American Council of Independent Laboratories.
1.4 TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with the Architect,
Construction Manager and the Contractor in performance of services.
C. Perform specified inspection, sampling, and testing of products in accordance
with specified standards.
D. Ascertain compliance of materials and mixes with requirements of the Contract
Documents.
E. Promptly notify the Construction Manager and the Contractor of observed
irregularities or non-conformance of the Work or products.
F. Perform additional inspections and tests required by the Architect/Engineer and
Construction Manager.
1.5 TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to the Construction Manager, Architect and Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
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8. Date of test
9. Results of test
10. Conformance with the Contract Documents
C. When requested by the Construction Manager or Architect/Engineer, provide
interpretation of test results.
1.6 LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
D. The testing laboratory has no authority to stop the Work.
1.7 THE CONTRACTOR RESPONSIBILITIES
A. Deliver to the testing laboratory at designated location, adequate samples of
materials proposed to be used which require testing, along with proposed mix
designs.
B. Cooperate with testing laboratory personnel, and provide access to the Work and
to the manufacturer's facilities.
C. Provide incidental labor and facilities to provide access to the Work to be tested,
to obtain and handle samples at the Site or at source of products to be tested, to
facilitate tests and inspections, storage and curing of test samples.
D. Notify the Construction Manager and the testing laboratory 24 hours prior to
expected time for operations requiring inspection and testing services.
E. Employ services of a separate qualified testing laboratory and pay for additional
samples and tests which are beyond the specified requirements.
1.8 RETEST RESPONSIBILITY
A. Where the results of required inspections, tests, or similar services prove
unsatisfactory and do not indicate compliance with the requirements of the
Contract Documents, the cost for any re-tests shall be the responsibility of the
Contractor.
END OF SECTION 01410
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SECTION 01421
REFERENCE STANDARDS AND DEFINITIONS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specifications Sections, apply to
this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the conditions of this
Contract.
B. Indicated: The term "indicated" refers to graphic representations, notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
terms such as "shown", "noted", "scheduled", and "specified" are used, it is to
help the reader locate the reference; no limitation on location is intended.
C. Directed: Terms such as "directed", "requested", "authorized", "selected",
"approved", "required", and "permitted" mean "directed by the Architect",
"requested by the Architect", and similar phrases.
D. Approve: The term "approved", where used in conjunction with the Architect's
action on the Contractor's submittals, applications, and requests, is limited to the
Architect's duties and responsibilities as stated in the Conditions of the Contract.
E. Regulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations."
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended use."
I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
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1. The term "experienced", when used with the term "Installer", means
having a minimum of five previous projects similar in size and scope to
this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and mayor may not be identical with the description of the land on
which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTERFORMA T numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended meaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
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a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
B. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with two or more standards is
specified, and the standards may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different,
but apparently equal, and uncertainties to the Architect for a decision before
proceeding.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to the Architect for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries.
F. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. The following abbreviations and
acronyms, as referenced in the Contract Documents, mean the associated
names. Names and addresses are subject to change and are believed, but are
not assured, to be accurate and up-to-date as of the date of the Contract
Documents.
AA Aluminum Association
AABC Associated Air Balance Council
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AAMA American Architectural Manufacturers
AAN American Association of Nurseymen
(See ANLA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
AI Asphalt Institute
AlA The American Institute of Architects
AISC American Institute of Steel Construction
AITC American Institute of Timber Construction
ALA American Laminators Association
ALSC American Lumber Standards Committee
AMCA Air Movement and Control Association International, Inc.
ANLA American Nursery and Landscape Association
ANSI American National Standards Institute
APA APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA Architectural Precast Association
ARMA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
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AWl Architectural Woodworklnstitute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
ErMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
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RFCI
Resilient Floor Covering Institute
SDI
Steel Door Institute
SGCC
Safety Glazing Certification Council
SIGMA
Sealed Insulating Glass Manufacturing Association
SMACNA
Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPIB
Southern Pine Inspection Bureau
SPRI
SPRI (Formerly: Single Ply Roofing Institute)
SWRI
Sealant, Waterproofing and Restoration Institute
TCA
Tile Council of America
UL
Underwriters Laboratories, Inc.
WCLlB
West Coast Lumber Inspection
WIC
Woodwork Institute of California
WWPA
Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government standards-or
specification-producing agencies are often abbreviated. The following abbreviations and
acronyms referenced in the Contract Documents indicate names of standards-or
specification-producing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to be accurate and up-to-
date as of the date of the Contract Documents.
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
END OF SECTION 01421
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REFERENCE STANDARDS AND DEFINITIONS
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SECTION 01500
TEMPORARY FACILITIES
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as heat, water, electricity, and telephone.
2. Field office for the Contractor's personnel.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public safety.
6. Project sign.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. Permanent installation and hookup of the various utility lines described in
other Sections.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1. Provide a field office adequate in size and accommodation for
Contractor's offices, supply, and storage.
2. Within the Contractor's facilities, provide space adequate for holding
project meetings.
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B. Sanitary facilities:
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
2.2 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary
construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations.
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence of design
and type needed to prevent entry onto the Work by the public.
2.4 PROJECT SIGNS
A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood.
Securely fasten the sign to the building or posts set in the ground as approved by
the Construction Manager. A design provided by, or approved by the Architect
will include, but not necessarily be limited to: the project name; the Owner's
name; major tenants names; the Contractor's name, address, and telephone
number, and the Architect's name, address, and telephone number.
PART 3 - EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
B. Remove such temporary facilities, and controls as rapidly as progress of the
Work will permit, or as directed by the Owner.
END OF SECTION 01500
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SECTION 01510
TEMPORARY UTILITIES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Temporary utilities required for construction.
PART 2 - PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials shall be new, adequate in capacity for the required usage, not create
unsafe conditions, not violate requirements of applicable codes and standards,
and comply with NEC Art. 305 - Temporary Wiring.
2.2 TEMPORARY ELECTRICITY
A. The Contractor shall furnish, install and maintain, temporary electric power
service for construction needs throughout the construction period and shall
remove such service on completion of the work.
1. Power centers for miscellaneous tools and equipment used in the Work
will be provided by the Contractor as follows:
a. Distribution boxes with minimum of four (4) double-duplex 15
Amp, 120-Volt grounded outlets, with GFCI Protection for
personnel.
b. Located so that power is available at any point of use with not
more than 100 ft. power cords.
c. Circuit-breaker protection for each outlet.
2. The Contractor shall furnish, install, and maintain all equipment and
wiring required to distribute the power, up to and including the power
services.
3. The Contractor shall pay all costs of installation, maintenance, and
removal of temporary services.
4. Materials shall be new, and must be adequate in capacity for required
usage, and must not violate the requirements of applicable codes and
standards. Materials used for temporary service shall not be reused in
the permanent system.
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5. The Contractor shall comply with all applicable requirements specified in
National Electric Code Art. 305 when installing the temporary electric
power service, shall maintain the system to provide continuous service
and shall modify and extend the service as the progress of the Work
requires.
6. The Contractor shall completely remove all temporary materials and
equipment at Project Completion. Underground lines may be
disconnected and abandoned in place with approval of the Construction
Manager.
7. Feeders and Branch Circuits shall be protected from physical damage.
2.3 TEMPORARY TELEPHONE SERVICE
A. The Contractor shall be responsible for arranging with the local telephone service
company to provide telephone service at the construction site. The Contractor
shall pay all costs for installation, maintenance, removal and service charges for
such service.
2.4 TEMPORARY LIGHTING
A. The Contractor shall furnish, install and maintain temporary lighting for
construction needs throughout the construction period and shall remove such
temporary lighting on completion of the Work.
1. Temporary artificial lighting shall be provided in enclosed Work areas and
all other work areas when natural lighting does not meet minimum
requirements. Temporary artificial lighting in Work areas shall produce
uniform illumination of 20-foot candles.
2.5 TEMPORARY WATER
A. The Contractor will arrange and pay utility service company, to provide water for
construction purposes. In addition, the Contractor is responsible for providing
potable drinking water for his personnel and subcontractors, as well as suitable
containers, ice and salt tablets in sufficient quantity to meet the needs of his labor
force. All charges, costs, fees and deposits required by the Utility Company for
the permanent or temporary water meter, tap and piping material and installation
shall be the responsibility of the Contractor and included in the base bid price.
2.6 TEMPORARY HEATING, COOLING AND VENTILATING
A. The Contractor shall be responsible for providing, and operating and maintaining
temporary heating, cooling and ventilating, as required, to maintain adequate
environmental conditions to facilitate the progress of his Work; to meet minimum
condition for the installation of materials; and to protect materials and finishes
from damage due to temperature or humidity. The Contractor, subject to the
approval and direction of the Construction Manager, shall:
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1. Provide adequate forced ventilation of enclosed areas for curing of
installed materials, to disperse humidity, and to prevent hazardous
accumulations of dust, fumes, vapors, or gases.
2. If portable heaters are required, utilize only UL approved units complete
with controls.
3. Insure that all safety devices specified for operation of equipment are
functioning properly.
4. Pay all costs of providing, operating, maintaining, and removing such
temporary heating, cooling, and ventilating equipment as may be
required.
The foregoing obligations of the Contractor are in addition to his obligations
under Article 10 of the General Conditions.
2.7 TEMPORARY SANITARY FACILITIES
A. The Contractor will provide sanitary facilities in compliance with laws and
regulations.
B. The Contractor will service, clean and maintain facilities and enclosures.
2.8 TEMPORARY FIRE PROTECTION
The Contractor shall furnish, install and maintain temporary fire protection
equipment, materials, supplies and service within the buildings throughout the
construction period in accordance with the requirements of all applicable codes
and standards. Each floor shall have a temporary fire protection system.
2.9 REMOVAL
A. Completely remove temporary materials and equipment when their use is no
longer required.
B. Clean and repair damage caused by temporary installations or use of temporary
facilities.
C. Restore permanent facilities used for temporary services to specified condition.
1. Prior to final painting, the Contractor shall remove temporary lamps and
install new lamps.
2. Prior to final inspection, the Contractor shall replace filters and worn or
consumed parts of mechanical equipment.
END OF SECTION 01510
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SECTION 01520
CONSTRUCTION AIDS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State and local codes and regulations.
PART 2 - PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
1. The Contractor shall comply with all Federal, State and local codes, laws
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or Construction
Manager or other separate contractors employed at the site.
3. The Contractor shall completely remove temporary scaffolds, access,
platforms, and other such materials, facilities, and equipment, at the
completion of the Work or when construction needs can be met by the
use of the permanent construction, provided the Construction Manager
has approved and authorized such use. The Contractor shall clean up
and shall repair any damage caused by the installation or by the use of
such temporary construction aids. The Contractor shall restore any
permanent facilities used for temporary purposes to their specified
condition.
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CONSTRUCTION AIDS
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MARATHON COURTHOUSE ROOF
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
2.3 TEMPORARY ENCLOSURES
A. The Contractor responsible for installing the permanent closure in an opening in
an exterior wall shall be responsible for installing, maintaining, and removing, as
the Work progresses, a temporary weather-tight enclosure for that opening as
necessary to provide acceptable working conditions, to provide weather
protection for interior materials, to allow for effective temporary heating and/or
cooling, and to prevent entry of unauthorized persons.
1. The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by the
Construction Manager.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
3. Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for insuring that his work,
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shall
provide, maintain and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
END OF SECTION 01520
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CONSTRUCTION AIDS
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MARATHON COURTHOUSE ROOF
SECTION 01550
ACCESS ROADS AND PARKING AREAS
A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back-fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
END OF SECTION 01550
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ACCESS ROADS AND PARKING AREAS
01550-1
MARATHON COURTHOUSE ROOF
SECTION 01560
TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. Contractor shall grade site to drain.
B. Protect site from puddling or running water. Provide water barriers to protect site
from soil erosion. Maintain excavations free of water. Provide, operate, and
maintain pumping equipment.
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations.
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere.
1.4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts
and fills, from borrow and waste disposal areas. Prevent erosion and
sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to prevent water
flow.
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MARATHON COURTHOUSE ROOF
D. Construct fill and waste areas by selective placement to avoid erosive surface
silts or clays.
E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly
apply corrective measures.
1.5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge of noxious, toxic substances, and pollutants
produced by construction operations.
END OF SECTION 01560
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TEMPORARY CONTROLS
01560-2
MARATHON COURTHOUSE ROOF
SECTION 01590
FIELD OFFICES AND SHEDS
A. The Contractor shall provide and maintain a temporary field office, at a location
designated by the Construction Manager, for his use, the use of his employees,
and the use of the Construction Manager during the construction period.
B. The Contractor shall furnish, install, and maintain temporary storage and work
sheds to adequately protect his work, materials, equipment, supplies, tools,
machinery, and construction equipment from damage and theft.
C. The Contractor shall arrange his field office and sheds so as not to interfere with
the construction. The locations of field offices and sheds shall be coordinated
with the Construction Manager. The type, size and location of field offices and
sheds is subject to approval by the Construction Manager.
D. The Contractor shall arrange and pay for temporary electricity and telephone
service for his field office and sheds, if he should require such services.
E. The Contractor shall relocate his field office and sheds as directed by the
Construction Manager, at no additional cost to the Owner or Construction
Manager.
F. The Contractor shall his field office and sheds on completion of the Work or when
directed by the Construction Manager. The Contractor shall remove all debris
and rubbish and shall place the area in a clean and orderly condition.
END OF SECTION 01590
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FIELD OFFICES AND SHEDS
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MARATHON COURTHOUSE ROOF
SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Cleaning during progress of work.
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on-site containers for the collection of waste materials, debris, and
rubbish.
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MARATHON COURTHOUSE ROOF
C. Dispose of waste materials, debris and rubbish off site at a state permitted
disposal site.
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by the Construction Manager. Contractor each
day shall collect and deposit in the containers, all rubbish, waste materials,
debris, and other trash from his operations, including any trash generated by his
employees during lunch periods or coffee breaks. Shipping dunnage is also to
be removed by the contractor. Paper, boxes and bulk packaging shall be folded
or cut into reasonable sizes and shapes as appropriate and confined to prevent
loss of trash due to wind relocation. Full trash containers shall be disposed and
replaced as necessary to maintain above requirements and/or as directed by
Construction Manager.
END OF SECTION 01595
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CONSTRUCTION CLEANING
01595-2
MARATHON COURTHOUSE ROOF
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Products
2. Transportation and handling
3. Storage and protection
4. Security
1.2 PRODUCTS
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Does not include machinery and equipment
used for preparation, fabrication, conveying and erection of the Work. Products
may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
1.3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings.
B. Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
1.4 STORAGE AND PROTECTION
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MATERIAL AND EQUIPMENT
01600-1
MARATHON COURTHOUSE ROOF
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date. The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
END OF SECTION 01600
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MATERIAL AND EQUIPMENT
01600-2
MARATHON COURTHOUSE ROOF
SECTION 01630
POST-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Post-bid substitutions
1.2 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
B. After the end of the bidding period, substitution requests will be considered only
in the case of:
1. Product unavailability.
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
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POST-BID SUBSTITUTIONS
01630-1
MARATHON COURTHOUSE ROOF
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product
specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of
replacement materials.
D. Substitutions will not be considered for acceptance when:
1. A substitution is indicated or implied on shop drawings or product data
submittals without a formal request from Bidder.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of Architect the substitution request does not include
adequate information necessary for a complete evaluation.
4. Requested directly by a subcontractor or supplier.
E. Do not order or install substitute products without written acceptance of
Architect/Engineer.
F. Architect will determine acceptability of proposed substitutions.
G. No verbal or written approvals other than by Change Order will be valid.
1.3 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution the Contractor represents that:
1. The proposed product has been investigated and it has been determined
that it is equivalent to or superior in all respects to the product specified.
2. The same warranties or bonds will be provided for the substitute product
as for the product specified.
3. Coordination and installation of the accepted substitution into the Work
will be accomplished and changes as may be required for the Work to be
complete will be accomplished.
4. Claims for additional costs caused by substitution which may
subsequently become apparent will be waived by the Contractor.
5. Complete cost data is attached and includes related costs under the
Contract, but not:
a. Costs under separate contracts.
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POST-BID SUBSTITUTIONS
01630-2
MARATHON COURTHOUSE ROOF
b. Architect's costs for redesign or revision of Contract Documents.
1.4 POST-BID SUBSTITUTION FORM
A. The form is attached to this section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
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POST-BID SUBSTITUTIONS
01630-3
MARATHON COURTHOUSE ROOF
TO: Project Architect
We hereby submit for your consideration the following product instead of the specified item for
the above project:
DRAWING NO:
DRAWING NAME:
SPEC. SEC.
SPEC. NAME
PARAGRAPH
SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and
performance to that which is specified. Clearly mark manufacturer's literature to indicate
equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance
and assumes liability for equal performance, equal design and compatibility with adjacent
materials.
Submitted By:
Signature
Title
Firm
Address
Telephone
Date
Signature shall be by person having authority to legally bind his firm to the above terms. Failure
to provide legally binding signature will result in retraction of approval.
For use by the Architect:
Recommended
Recommended as noted
For use by the Owner:
Approved
Not Recommended
Received too late
Not Approved
Insufficient data received
Approved as noted
By:
By:
Date:
Date:
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POST-BID SUBSTITUTIONS
01630-4
MARATHON COURTHOUSE ROOF
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes
No
If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes
No
If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same
Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant
variations:
H.
This substitution will amount to a credit or extra cost to the Owner of:
dollars ($
).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
END OF DOCUMENT 01630
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POST-BID SUBSTITUTIONS
01630-5
MARATHON COURTHOUSE ROOF
SECTION 01640
PRODUCT HANDLING
PART I--GENERAL
1.1 DESCRIPTION
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections
in Division of these Technical Special Provisions.
2. Additional procedures also may be prescribed in other Sections of these
Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as
are required to assure full protection of work and materials.
1.3 MANUFACTURERS'RECOMMENDATIONS
A. Except as otherwise approved by the Architect, determine and comply with
manufacturers' recommendations on product handling, storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with
labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact until
time of use.
2. Promptly remove damaged material and unsuitable items from the job
site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. The Architect may reject as non-complying such material and products that do
not bear identification satisfactory to the Architect as to manufacturer, grade,
quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are handled.
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PRODUCT HANDLING
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MARATHON COURTHOUSE ROOF
B. Provide protection for finished floor surfaces in traffic area prior to allowing
equipment or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted
by the Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of
the Architect and at no additional cost to the Owner.
B. Additional time required to secure replacements and to make repairs will not be
considered by the Architect to justify and extension in Contract Time of
Completion.
END OF SECTION 01640
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PRODUCT HANDLING
01640-2
MARATHON COURTHOUSE ROOF
SECTION 01650
STARTING OF SYSTEMS
1.1 SUMMARY
A. Section includes:
1. Starting systems
2. Demonstration and instructions
3. Testing, adjusting, and balancing
B. Related sections:
1. SECTION 01700 - CONTRACT CLOSEOUT
1.2 STARTING SYSTEMS
A. Coordinate schedule for start-up of various equipment and systems.
B. Notify the Construction Manager seven (7) days prior to start-up of each item.
C. Verify that each piece of equipment or system has been checked for proper
lubrication, drive rotation, belt tension, control sequence, or other conditions
which may cause damage.
D. Verify that tests, meter readings, and specified electrical characteristics agree
with those required by the equipment or system manufacturer.
E. Verify wiring and support components for equipment are complete and tested.
F. Execute start-up under supervision of responsible manufacturer's representative
in accordance with manufacturer's instructions.
G. Execute start-up under supervision of the responsible Contractor's personnel in
accordance with manufacturer's instructions.
H. When specified in individual Specification Sections, require manufacturer to
provide authorized representative to be present at the Site to inspect, check and
approve equipment or system installation prior to start-up, and to supervise
placing equipment or system in operation.
I. Submit a certified written report to the Construction Manager that equipment or
system has been properly installed and is functioning correctly.
END OF SECTION 01650
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STARTING OF SYSTEMS
01650-1
MARATHON COURTHOUSE ROOF
SECTION 01670
SYSTEMS DEMONSTRATIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Procedures for demonstration of equipment operation and instruction of
the Owner's personnel.
1.2 QUALITY ASSURANCE
A. When specified in individual Sections, provide manufacturer's authorized
representative to demonstrate operation of equipment and systems, instruct the
Owner's personnel and provide written report that demonstrations and
instructions have been completed.
B. The Owner will provide list of personnel to receive instructions, and will
coordinate their attendance at agreed-upon times.
1.3 INSTRUCTION OF THE OWNER PERSONNEL
A. Notify Construction Manager seven (7) days in advance of time established for
Owner training.
B. Two weeks prior to date of final inspection, instruct the Owner's designated
personnel in operation, adjustment, and maintenance of products, equipment,
and systems, at agreed upon times. Demonstrate start-up, operation, control,
adjustment, maintenance, servicing, trouble-shooting and shutdown of each item
of equipment at agreed-upon times, at designated location.
C. The Owner, at it's option, may require videotape of any training session,
equipment start-up or other instructional requirement.
D. For equipment requiring seasonal operation, perform instructions for other
seasons within six (6) months.
E. Use operation and maintenance manuals as basis for instruction. Review
contents of manual with personnel in detail to explain all aspects of operation and
maintenance.
F. Prepare and insert additional data in Operation and Maintenance Manual when
need for such data becomes apparent during instruction.
1.4 SUBMITTALS
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SYSTEMS DEMONSTRATIONS
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MARATHON COURTHOUSE ROOF
A. Submit preliminary schedule for the Owner's approval, listing times and date for
demonstration of each item of equipment and each system, two (2) weeks prior
to proposed dates.
B. Provide operating and maintenance manuals to owner four (4) weeks prior to
demonstrations.
C. Submit reports within one week after completion of demonstrations, that
demonstrations and instructions have been satisfactorily completed. Give time
and date of each demonstration, and hours devoted to demonstration, with a list
of persons present.
PART 2 - EXECUTION
3.1 PREPARATION
A. Verify equipment has been inspected and put into operation; testing, adjusting,
and balancing has been performed; and equipment and systems are fully
operational.
B. Have copies of completed operation and maintenance manuals at hand for use in
demonstrations and instructions.
3.2 TIME ALLOCATED FOR INSTRUCTIONS
A. The amount of time required for instruction on each item of equipment and
system is specified in individual Sections.
END OF SECTION 01670
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SYSTEMS DEMONSTRATIONS
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MARATHON COURTHOUSE ROOF
SECTION 01700
CONTRACT CLOSEOUT
PART 1 - GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have
successfully produced, in this order, these three terminal activities:
1. Substantial Completion
2. Final Completion
3. Final Payment
1.2 SUBSTANTIAL COMPLETION
A. Submit to the Architect/Construction Manager when work is substantially
complete:
1. A written notice that the Work, or designated portion thereof, is
substantially complete.
2. Request Substantial Completion Observation at a mutually agreeable
date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing
authorities:
a. Certificate of Occupancy
b. Certificates of Inspection:
1 ) Elevators
2) Mechanical systems
3) Electrical systems
4) Kitchen equipment
5) Fire protection system
6) Security system
7) Utilities
8) F.K.A.A.
B. Within a reasonable time after receipt of such notice, the Owner and the
Contractor will make an observation to determine the status of completion.
C. Should the Owner determine that the work is not substantially complete, the
following will occur:
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CONTRACT CLOSEOUT
01700-1
MARATHON COURTHOUSE ROOF
1. The Owner will promptly notify the Contractor in writing, giving the
reasons.
2. The Contractor shall remedy the deficiencies in the Work, and send a
second written notice of substantial completion to the Owner.
3. The Owner will re-observe the Work.
D. When the Owner concurs that the Work is substantially complete, the following
will occur:
1. The Architect will prepare a Certificate of Substantial Completion on AlA
Form G704, accompanied by the Punch List of items to be completed or
corrected, as verified and amended by the Architect and Construction
Manager. Contract responsibilities are not altered by inclusion or
omission of required Work from the punch list.
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the certificate.
E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities pertaining to
substantial completion, complete Work on punch list items and submit written
request to the Owner for final inspection within thirty (30) calendar days of date of
substantial completion.
B. When the Work is complete, the Contractor shall submit written certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract Documents.
3. Work has been completed in accordance with the Contract Documents.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status of
completion with reasonable promptness after receipt of such certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the
incomplete or defective work.
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CONTRACT CLOSEOUT
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MARATHON COURTHOUSE ROOF
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner that the
Work is complete.
3. The Owner will re-inspect the Work.
E. When the Work is acceptable under the Contract Documents as determined by
the Owner, the Owner will request the Contractor to make close-out submittals.
Warranties & Guarantees for everything will begin at Substantial Completion.
1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
A. Project Record Documents (As Built Documents) one hard copy and one
electronic copy on compact disc.
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
1.5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Allowances
c. Deductions for uncorrected Work
d. Deductions for Liquidated Damages
e. Deductions for Re-inspection Payments
f. Other Adjustments
C. The Owner will prepare a final Change Order, reflecting adjustments to the
Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in accordance with
procedures and requirements stated in the Conditions of the Contract.
END OF SECTION 01700
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CONTRACT CLOSEOUT
01700-3
MARATHON COURTHOUSE ROOF
SECTION 01710
FINAL CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Cleaning at completion of Work
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and
other foreign materials from sight-exposed interior and exterior surfaces.
C. Wash and shine glazing and mirrors.
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MARATHON COURTHOUSE ROOF
D. Polish glossy surfaces to a clear shine.
E. Dust cabinetwork and remove markings.
F. Vacuum all carpets.
G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds.
H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-
exposed interior surfaces, exterior surfaces and work areas, to verify that the
entire Work is clean.
I. Clean tunnels and closed off spaces of packing boxes, wood frame members
and other waste materials used in the Construction.
J. Internally clean the entire system of piping and equipment. Open dirt pockets
and strainers, completely blowing down as required and clean strainer screens of
accumulated debris.
K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter.
L. Remove temporary labels and stickers from fixtures and equipment. Do not
remove permanent name plates, equipment model numbers and ratings.
M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and
traps. Install or thoroughly clean filters or filter media, including:
1. The cleaning of permanent filters and the replacement of disposable
filters if units were operated during construction.
2. The cleaning of ducts, blowers, and coils if the units were operated during
construction.
N. Remove from the Site all items installed or used for temporary purposes during
construction.
O. Restore all adjoining areas to their original or specified condition.
END OF SECTION 01710
10/22/02 3:34 PM
FINAL CLEANING
01710-2
MARATHON COURTHOUSE ROOF
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Maintain at the job site one copy of:
a. Record Contract Drawings
b. Record Project Manual
c. Coordination drawings
d. Addenda
e. Reviewed shop drawings
f. Change Orders
g. Other modifications to the Contract
h. Field test records
1.2 GENERAL
A. Store documents in cabinets in temporary field office, apart from documents used
for construction.
B. Maintain documents in clean, dry, legible condition.
C. Do not use Project Record Documents for construction purposes.
D. Make documents available for inspection by the Construction Manager, the
Architect and the Owner.
E. Failure to maintain documents up-to-date will be cause for withholding payments.
F. Obtain from the Construction Manager (at no charge) two sets of the Contract
Documents for Project Record Documents including:
1. Specifications with all addenda.
2. Two complete sets of black-line prints of all Drawings.
1.3 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
10/22/02 3:34 PM
PROJECT RECORD DOCUMENTS
01720-1
MARATHON COURTHOUSE ROOF
D. Contract Drawings:
1. Required information may, as an option, be entered on a "working set"
and then at completion of Project transfer the information to final
submitted "Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to survey
data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface improvements.
c. Location of internal utilities and appurtenances concealed in
construction referenced to visible and accessible features of
structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
c. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items are in
most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1" on the centerline of items shown
schematically.
b. Identify each item, for example, "cast iron drain" "galvanized
water".
c. Identify location of each item, for example, "under slab", "in ceiling
plenum", "exposed".
3. The Construction Manager may waive requirements of schematic layout
conversion, when in his opinion, it serves no beneficial purpose. Do not,
however, rely on waivers being issued except specifically issued by the
Construction Manger in writing.
1.4 SUBMITTAL
10/22/02 3:34 PM
PROJECT RECORD DOCUMENTS
01720-2
MARATHON COURTHOUSE ROOF
A. At completion of Project, deliver Project Record Documents to the Construction
Manager prior to request for final payment.
B. Accompany submittal with transmittal letter, in duplicate, containing:
1 . Date
2. Project title and Architect's Project number
3. The Contractor's name and address
4. Title and number of each record document
5. Certification that each document as submitted is complete and accurate.
6. Signature of the Contractor, or his authorized representative.
END OF SECTION 01720
10/22/02 3:34 PM
PROJECT RECORD DOCUMENTS
01720-3
MARATHON COURTHOUSE ROOF
SECTION 01730
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Format and content of manuals
2. Schedule of submittals
B. Related sections:
1. SECTION 01301 - SUBMITTALS
2. SECTION 01700 - CONTRACT CLOSEOUT
3. Individual Specifications Sections: specific requirements for operation
and maintenance data.
1.2 QUALITY ASSURANCE
A. Prepare instructions and data by personnel experienced in maintenance and
operation of described products.
1.3 FORMAT
A. Prepare data in the form of an instructional manual.
B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback,
cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are
used, correlate data into related consistent groupings.
C. Cover: identify each binder with typed or printed title OPERATION AND
MAINTENANCE INSTRUCTIONS; list title of the Project and separate building;
identify subject matter of contents.
D. Arrange content by systems under Section numbers and sequence of Table of
Contents of these Specifications.
E. Provide tabbed fly leaf for each separate product and system, with typed
description of product and major component parts of equipment.
F. Text: manufacturer's printed data, or typewritten data on 20 pound paper.
G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold
larger drawings to size of text pages.
10/22/02 3:34 PM
OPERATION AND MAINTENANCE DATA
01730-1
MARATHON COURTHOUSE ROOF
1.4 CONTENTS, EACH VOLUME
A. Table of Contents: provide title of the Project; names, addresses, and telephone
numbers of the Construction Manager, the Architect, consultants, and the
Contractor with name of responsible parties; schedule of products and systems,
indexed to content of the volume.
B. For each product or system: list names, addresses and telephone numbers of
subcontractors and suppliers, including local source of supplies and replacement
parts.
C. Product data: mark each sheet to clearly identify specific products and
component parts, and data applicable to installation. Delete inapplicable
information.
D. Drawings: supplement product data to illustrate relations of component parts of
equipment and systems, to indicate control and flow diagrams. Do not use the
Project Record Documents as maintenance drawings.
E. Type text: as required to supplement product data. Provide logical sequence of
instructions for each procedure, incorporating manufacturer's instructions.
F. Warranties and bonds: bind in copy of each.
1.5 MANUAL FOR MATERIALS AND FINISHES
A. Building products, applied materials, and finishes: include product data, with
catalog number, size, composition, and color and texture designations. Provide
information for re-ordering custom manufactured products.
B. Instructions for care and maintenance; include manufacturer's recommendations
for cleaning agents and methods, precautions against detrimental agents and
methods, and recommended schedule for cleaning and maintenance.
C. Moisture protection and weather exposed products: include product data listing
applicable reference standards, chemical composition, and details of installation.
Provide recommendations for inspections, maintenance, and repair.
D. Additional requirements; as specified in individual product specification Sections.
1.6 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Each item of equipment and each system: include description of unit or system,
and component parts. Identify function, normal operating characteristics, and
limiting conditions. Include performance curves, with engineering data and tests,
and complete nomenclature and commercial number of replaceable parts.
B. Panel-board circuit directories: provide electrical service characteristics, controls
and communications.
C. Include color coded wiring diagrams as installed.
10/22/02 3:34 PM
OPERATION AND MAINTENANCE DATA
01730-2
MARATHON COURTHOUSE ROOF
D. Operating procedures: include start-up, break-in, and routine normal operating
instructions and sequences. Include regulation, control, stopping, shut-down,
and emergency instructions. Include summer, winter, and special operating
instructions.
E. Maintenance requirements: include routine procedures and guide for trouble-
shooting; disassembly, repair, and re-assembly instructions; and alignment,
adjusting, balancing, and checking instructions.
F. Provide servicing and lubrication schedule, and list of lubricants required.
G. Include manufacturer's printed operation and maintenance instructions.
H. Include sequence of operation by controls manufacturer.
I. Provide original manufacturer's parts list, illustrations, assembly drawings, and
diagrams required for maintenance.
J. Provide control diagrams by controls manufacturer as installed.
K. Provide the Contractor's coordination drawings, with color coded piping diagrams
as installed.
L. Provide charts of valve tag numbers, with location and function of each valve,
keyed to flow and control diagrams.
M. Provide list of original manufacturer's spare parts, current prices, and
recommended quantities to be maintained in storage.
N. Include test and balancing reports.
O. Additional requirements: as specified in individual product specification Sections.
P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and
space for insertion of data.
1.7 SUBMITTALS
A. Submit two copies of operation and maintenance data for review by the
Construction Manager and the Architect prior to Final Inspection. One copy will
be returned with comments.
B. Submit the required number of copies per each Specification Section or two (2)
copies each if not specified of approved data in final form within ten (10) days
after Final Inspection.
C. For equipment or component parts of equipment put in service during
construction and operated by the Owner, submit operation and maintenance data
within ten days after acceptance.
10/22/02 3:34 PM
OPERATION AND MAINTENANCE DATA
01730-3
MARATHON COURTHOUSE ROOF
D. Submit two copies of approved revised volumes of data in final form within ten
(10) days after final inspection.
END OF SECTION 01730
10/22/02 3:34 PM
OPERATION AND MAINTENANCE DATA
01730-4
MARATHON COURTHOUSE ROOF
SECTION 01740
WARRANTIES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for warranties
required by the Contract Documents, including manufacturers standard
warranties on products and special warranties.
1. Refer to the General Conditions for terms of the Contractor's period for
correction of the Work.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Submittals" specifies procedures for submitting
warranties.
2. Division 1 Section "Contract Closeout" specifies contract closeout
procedures.
3. Division 2 through 16 Sections for specific requirements for warranties on
products and installations specified to be warranted.
4. Certifications and other commitments and agreements for continuing
services to Owner are specified elsewhere in the Contract Documents.
C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on
product warranties do not relieve the Contractor or the warranty on the Work that
incorporates the products. Manufacturer's disclaimers and limitations on product
warranties do not relieve suppliers, manufacturers, and subcontractors required
to countersign special warranties with the Contractor.
D. Separate Prime Contracts: Each prime contractor is responsible for warranties
related to its own contract.
1.3 DEFINITIONS
10/22/02 3:34 PM
WARRANTIES
01740 - 1
MARATHON COURTHOUSE ROOF
A. Standard products warranties are preprinted written warranties published by
individual manufacturer's for particular products and are specifically endorsed by
the manufacturer to the Owner.
B. Special warranties are written warranties required by or incorporated in the
Contract Documents, either to extend limits provided by standard warranties or to
provide greater rights for the Owner.
1.4 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting failed or damaged warranted
construction, remove and replace construction that has been damaged as a
result of such failure or must be removed and replaced to provide access for
correction of warranted construction.
B. Reinstatement of Warranty: When Work covered by a warranty has failed and
been corrected by replacement or rebuilding, reinstate the warranty by written
endorsement. The reinstated warranty shall be equal to the original warranty
with an equitable adjustment for depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty has
failed, replace or rebuild the Work to an acceptable condition complying with
requirements of the Contract Documents. The Contractor is responsible for the
cost of replacing or rebuilding defective Work regardless of whether the Owner
has benefited from use of the Work through a portion of its anticipated useful
service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in addition to
implied warranties and shall not limit the duties, obligations, rights, and remedies
otherwise available under the law. Expressed warranty periods shall not be
interpreted as limitations on the time in which the Owner can enforce such other
duties, obligations, rights or remedies.
E. Where the Contract Documents require a special warranty, or similar
commitment on the Work or part of the Work, the Owner reserves the right to
refuse to accept the Work, until the Contractor presents evidence that entities
required to countersign such commitments are willing to do so.
1.5 SUBMITTALS
A. Submit written warranties to the Architect prior to the date certified for Substantial
Completion. If the Architect's Certificate of Substantial Completion designates a
commencement date for warranties other than the date of Substantial
Completion for the Work, or a designated portion of the Work, submit written
warranties upon request of the Architect.
B. When the Contract Documents require the Contractor, or the Contractor and a
subcontractor, supplies manufacturer to execute a special warranty, prepare a
written document that contains appropriate terms and identification, ready for
execution by the required parties. Submit a draft to the Owner, through the
Architect, for approval prior to final execution.
10/22/023:34 PM
WARRANTIES
01740 - 2
MARATHON COURTHOUSE ROOF
1. Refer to Divisions 2 through 16 Sections for specific content requirements
and particular requirements for submitting special warranties.
C. Form of Submittal: At Final Completion compile 2 copies of each required
warranty properly executed by the Contractor, or by the Contractor,
subcontractor, supplier, or manufacturer. Organize the warranty documents into
an orderly sequence based on the table of contents of the Project Manual.
D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring,
vinyl-covered loose-leaf binders, thickness as necessary to accommodate
contents, and sized to receive 8 ~ x 11" (115-by-280-mm) paper.
1. Provide heavy paper dividers with celluloid covered tabs for each
separate warranty. Mark the tab to identify the product or installation.
Provide a typed description of the product or installation, including the
name of the product, and the name, address, and telephone number of
the Installer.
2. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES", Project title or name, and name of the Contractor.
3. When warranted construction requires operation and maintenance
manuals, provide additional copies of each required warranty, as
necessary, for inclusion in each required manual.
PART 2--PRODUCTS (Not applicable)
PART 3--EXECUTION
END OF SECTION 01740
10/22/02 3:34 PM
WARRANTIES
01740 - 3
FLORIDA ROOFING, SHEET METAL & AIR CONDITIONING CONTRACTORS ASSOCIATION, INC.
SELF INSURERS FUND
P.O. BOX 4907. WINTER PARK, FL 32793. (407) 671-FRSA
1-800-767-3772. FAX (407) 671-2520
CERTIFICATE OF INSURANCE
ISSUED TO:
COPY PROVIDED TO:
Monroe County BOCC
Attn: Purchasing Dept.
1100 Simonton St., 216
Key West FL 33040
A. Herrmann Associates, Inc.
d/b/a Associates Roofing
2351 Thomas St.
Hollywood FL 33020-2038
ATTN:To whom it may concern
Date: 12/27/2002
This is to certify that A. Herrmann Associates, Inc. d/b/a Associates Roofing
2351 Thomas St.
Hollywood FL 33020-2038
being subject to the provisions of the Florida Workers' Compensation Act, has secured the payment of
compensation by insuring their risk with the FLORIDA ROOFING, SHEET METAL & AIR CONOITIONING
CONTRACTORS ASSOCIATION SELF INSURERS FUND.
870-001266
COVERAGE NUMBER:
EFFECTIVE OA TE:
01/01/2003
01/01/2004
LIMITS
Workers' Compensation Statutory - State of Florida
Employers' Liability
$100,000 - Each Accident
$100,000 - Disease, Each Employee
$500,000 - Oisease, Policy Limit
EXPIRATION DATE:
REMARKS: Non-cancelable without 30 days prior written notice.
Job ref: Marathon Courthouse, 3117 Overseas Hwy, Marathon
This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate
shall be constructed as extending coverage not afforded by the policy(ies) shown above or as affording
insurance to any insured not named above. This provides coverage for Florida policyholders and Florida
domicile employees only.
~~~
Brett Stiegel, Administra
FRSA-SIF
By:
By:
iJ~:. ~
Debbie Kemmere - SIF Accounts Representative
FRSA-SIF
.. ,................ .................... ,..""" .. ",,'.... ............ THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMAnON ..,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERnFlCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
"RODUCER
FRffi~~ n. FURMAN, INC.
FRANK H. FURMAN #A091425
P. O. bOX 1927
POMl:'.').') BEACH,
FL 33061
COMPANY
A
TRANSPORTATION INS CO
"'URED
ASS, _.TES ROOFING
A H.... lANN ASSOC INC DBA:
23 5 ~,. '~,' .OMAS STREET
HOLLJ:...JOD FL 33020
COMPANY
B
AMERICAN CAS CO OF READING PA
COMPANY
C
THIS IS TO CEP.;!FY THAT THE POliCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOT',ViTHSTANDING ANY REQUIREMENT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ArlO .~"''JDmONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LlR
TYPE OF 1....;;.< ...CE
POLICY NUMllER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMlDDlYY) DATE (MMIDD/YY)
lAIIlT$
GENERAL LWILITY 103 63 82 092
X COMMERCIAL Gc"NERAL LIABILITY
ClAIMS /,A.\DE 00 OCCUR
OWNER'S & ClMI !~CTOR'S PROT
5/01/02 5/01/03 GENERAL AGGREGATE s2, 000,000
PRODUCTS. COMPIOP AGG S 1 , 0 0 0 , 0 0 0
PERSONAL & ADV INJURY sl, 000, 000
EACH OCCURRENCE sl, 000, 000
FIRE DAMAGE (Any 0fW ft.-) S 5 0 , 0 0 0
MEDEXP(AnyOfW~) S 5,000
5/01/02 5/01/03 1,000,000
COMBINED SINGLE LIMIT S
AUTOMOBU W!.l.J1Y BUA10363 7913 0
X ANY AUTO
ALL OWNED Auros
SCHEDULED Aul0S
X HIRED AUTO"
X NON-OWNED A:J1"US
BODILY INJURY
(Per~)
s
GARAGE LWlLnV
~Y AUTO
BODILY INJURY
(Per 1CCIdenf)
s
PROPERTY DAMAGE S
1\\ il~__
YES
AUTO ONLY . EA ACCIDENT S
OlliER lliAN AUTO ONLY:
EXCESS LlABIUT'
X UMBREllA FORM
OlliER lliAN II.A8REUA FORM
WORKIRS COMrENSATION AND
EMPLOYERS' UABILITY
136382108
5/01/02
5/01/03
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
S
S
s2 , 000 , 000
s2, 000, 000
S
lliE P"OPRIETO,"
PAFmIJ;RSlEXECUTlVE
OFFICeRS ARE: ' . ,
OtHER
INCL
EXCL
S
EL EACH ACCIDENT S
EL DlSEASE.POLlCY LIMIT S
EL DISEASE.EA EMPLOYEE S
A INST.FLOATER
1036382092
5/01/02
5/01/03
ON SITE $150,000
IN TRANS $150,000
DE8CRPT1ON OF OPERAnONSlLOCAl1ON8NEHICLESI8PECIAL I1EMS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ARE INCLUDED AS ADDITIONAL INSD
AND LOSS PAYEE AS RESPECTS TO WORK PERFORMED BY THE INSURED REGARDING
MARATHON COURT HOUSE. ADDNL INSD STATUS SUBJECT TO WRITTEN CONTRACT
pgm~"':i~~",::,:::.:",::,::.::::::::.,~~::::rp~!q!i~!n9'!:::,~:~:::(::::::::::::::,:.~:n::::,)::::::?
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS-PURCHASING DEPT.
1100 SIMONTON ST 216
KEY WEST, FL 33040
SHOULD ANY OF tHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tHE
EXPlRAOON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL
~ DAYS WRITTEN NOTICE TO THE CERlW'ICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOncE SHALL IMPOSE NO OSUQATION OR LIABILITY
OF ANY KIND UPON tHE COMPANY, OR R ESENTA1IYES.
AUTHORIZED REPRESENTA11YE
:AiQjij!Ji;'i :-,ItS) ...
. . . . . . . . . . . - . . . . . . . . . . . . . . . . . .
.".................................
..................................
" ...............................
...............................,................................... ...................'.......................
..-................-................ ......................
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FRANK H. FURMAN
~
'.:ii)j~iji:qQ~'tijijlr:
.................'.....'....................-.....
:::::::::::;:::::::::;::::::;::::::::;;:;::::::::::::::::
::~:::~:~:~:::::::::~:~:~:::~;::::::?:;~:~~:~~::;~::::~:~:::::;:):~~~:~~;;~:;~~:i~~~:~
cbic
INSURANCE
LIMITED POWER OF ATTORNEY
Not Valid for Bonds
Executed On or After: JANUARY 31ST, 2004
Power of Attorney
Number: 671439
A valid original of this document must be printed on security paper with black, blue, and red ink, and must
bear the seal of Contractors Bonding and Insurance Company (the "Company"). Only an unaltered original
of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more
places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond
bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the
bond is executed on or before the date indicated above.
mow ,ALL lID . aT "$J!l~RlI~'
an4 ~:ppoiJ1t~e f.(l~lQW;l.~;
ANN .',~'its . true~~4itiil.
lIuthclrit:.Y,. b.er~ .,G~f.~J;:..~'
acknOwlectge uCl:.4eli.Y8Jl'~
@(l.:r:takings : of... su:r:.tl",$11~P i.
such p$rson shan" ~",t .....".,
that. aha],l OR1ig.t..th~C~~
~G"S of$10,.OOO,OiOO,.,l'ij'tP
have the It.uthod.-tYito .~..~.
c.ontra.ct isawardttd, aD.Y:~~cl"Qt:..
in exce.. of $10,.OOO,OoOr./~ .(~.,
documents requited by ,IlUOJ)J.i.~~~tffi~.:t.~.
appcd.~'rt:mant i.s mad.UJ1d.rth".lJ,t~oid.~Y.of
,
e.. conlstitute
aDd PlI!rLLIS
:Il' ."1'
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,. t~t Z10
. or WldU:taking
IN.In t1\etebf in
~-iJ1...:lacti shall
:Il'oj~Gt 1fh.~... if a
d wlth ~al sum
, . . _a:l~>41A:r:!
;by . the Ccmparalr. Th.i8
D1.~tor. 'o~ 1$.
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comp.aY'. - - --- - -... - -:-............ _:_-:~ - - ...._--~-.._;..~...-...--0~~~-..~:~~~ ~~f~~~::-~~~~_,t"~~""':"~"'~ ~.. """J-"- - - ----
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CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revoked, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
Bond Number HB4 7 7 2
Signed and sealed this 26TH day of DECEHBER 2002
~t: 7'->7- ~.f-rt M. Ogl', 50""""
CBIC · 1213 Valley Street. P.O. Box 9271 . Seattle, WA 98109-0271
(206) 622-7053 · (800) 765-CBIC (Toll Free) · (206) 382-9623 FAX
MARATHON COURTHOUSE ROOF
SECTION 00601
PUBLIC CONSTRUCTION BOND
NO: HB4772
ASSOCIATES ROO~ING
BYTHISBOND,WeA HERRMANN ASSOC INC. DBA , as Principal
and CONTRACTORS BONDING 1; INSURANCE CO. ,a corporation. as Surety, are bound
to HONROE COUNTY , herein caned Owner, in the sum of
$ 7 Q t:; n n n n for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BONO is that if Principal:
1.
Performs the contract dated ~ ,f! , 20 02., between
Principal and Owner for construction of MARATHON COUR'T'HOUSE , the
contract being made a part of this bond by reference. at the times and in the manner
prescribed in the contract; and
2.
Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, malerials. or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract and; .
3.
Pays Owner an losses, damages, including damages for delay. expenses, costs, and
attorney's fees, including appeHate proceedings. that Owner sustains because of a
default by Principal under the contract; and
4.
Performs the guarantee of all work and materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the contract documents and compliance with any formalities connected
with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON DECEMBER 26,
. 2dl2...
ASSOCIATES ROOFING
A HERRMANN ASSOC INC. DBA
(- ) (, (NAME OF PRINCIP~
BY 1'\-+ i ~v.,~?
FRANK H. FURMA~S!Rr:o~~ -1' A~'2SIDENT
AGENT
CONTRACTORS BONDING 1; INSURANCE COM~ANY
(NAME OF SUReTY)
10/22/023:32 PM
PUBLIC CONSTRUCTION BOND
00501-1