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02/10/1999 Agreement - - - - - - - - - - .... - - .... - .... - .... MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Tenants Improvements for the National Weather Service Key West International Airport WPI No. 6826662 URS Greiner Contract No. C500003743.07 PROJECT MANUAL Prepared for THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. WilHELMINA HARVEY, DISTRICT 1 MS. SHIRLEY FREEMAN, DISTRICT 3 MR. GEORGE NEUGENT, DISTRICT 2 MR. NORA WilLIAMS, DISTRICT 4 MS. MARY K. REICH, DISTRICT 5 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URSGIeIIJer February 1999 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Tenants Improvements for the National Weather Service Key West International Airport WPI No. 6826662 URS Greiner Contract No. C500003743.07 PROJECT MANUAL Prepared for THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. WilHELMINA HARVEY, DISTRICT 1 MS. SHIRLEY FREEMAN, DISTRICT 3 MR. GEORGE NEUGENT, DISTRICT 2 MR. NORA WilLIAMS, DISTRICT 4 MS. MARY K. REICH, DISTRICT 5 3. 0 o :t"-" % . ;.on::! 0,""": f"I'l~'"' C") . r o C") . c - -:4: %~O -I , -<C'>:x: . :-t ;:po .." G") r- rf\ ~ .0 ." \D r= :z rr1 S; 0 , ""T1 o :;0 -0 :::0 :z rr1 z:"" C"') - <=> N :::0 Ca). 0 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URSGreiner February 1999 GENERAL SPECIFICATIONS 1. Bidding Documents Section 00031 Section 00100 Section 00110 Section 00163 Section 00230 Section 00300 Section 00350 2. Contract Documents Section 00500 Section 00501 3. Conditions Section 00750 Section 00800 Section 00970 Section 00980 TABLE OF CONTENTS Notice of Calling for Informal Bids Instruction to Bidders Proposal Form Pre-Bid Substitutions Site Survey Scope of Work Milestone Schedule/Liquidated Damages Fixed Price Contract Between Owner and Contractor Public Construction Bond General Conditions Supplementary General Conditions Project Safety and Health Plan Contractor Quality Control Plan 4. General Requirements Section 01027 Section 01200 Section 01301 Section 01310 Section 01370 Section 01385 Section 01395 Section 01410 Section 01510 Section 01520 Section 01550 Section 01560 Section 01590 Section 01595 Section 01600 Section 01630 Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Document Clarification Requests Testing Laboratory Services Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions TABLE OF CONTENTS 00001 - 1 Section 01650 Section 01670 Section 01700 Section 01710 Section 01720 Section 01730 Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data ****** END OF SECTION 00001 ****** TABLE OF CONTENTS 00001 - 2 SECTION 00031 NOTICE OF CALLING FOR INFORMAL BIDS This Project is an emergency project, therefore informal bids have been requested in lieu of the advertisement for bids to expedite the completion of the project. Bids will be received by URS Greiner, Inc. until 4:00 P.M. local time, Monday, February 8, 1999 for the furnishing of all labor and materials and performing all work for constructing the following contract. TENANTS IMPROVEMENTS FOR THE NATIONAL WEATHER SERVICE Key West International Airport All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 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 287.017 of the Florida Statutes. All bidders submitting bids for construction, improvement, remodeling or repair of public buildings, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.131 F.S. unless exempt under Ch. 489.103 F.S. All bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope marked on the outside, "Sealed Bid for TENANTS IMPROVEMENTS FOR THE NATIONAL WEATHER SERVICE at Key West International Airport." All bids must remain valid for a period of ninety (90) days. Plans and Specifications and/or further information may be obtained by contacting URS Greiner, Inc. at 5805 NW 11th Street, Suite 340; Miami, Florida 33126, (305) 262-7466. Drawings and specifications can be obtained for the nonrefundable deposit sum of $50.00 per set, payable to URS Greiner, Inc. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to award a contract in the best interest of the County. Dated at Key West, Florida, this day of .19 99 John Carter Director, Office of Management & Budget, for Monroe County, Florida NOTICE OF CALLING FOR INFORMAL BIDS 00031 - 1 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 Bidding Documents include the Notice of Calling for Informal Bids, 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 The 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 An 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 An 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 A Bidder is a person or entity who submits a Bid. 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of the Work. INSTRUCTIONS TO BIDDERS 00100 - 1 1.10 An 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 payments to the vendor via presentation of invoices in his monthly payment application. Allowance includes labor, materials, installation. permits, etc. 1.11 The term "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 The term "perform" means to comply fully with the specified or implied requirements. 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 Informal Bids for the stipulated deposit sum. Deposits should be made payable to URS Greiner, Inc. 2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids where applicable. Neither the Owner nor the Construction Manager, nor the Architect/Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 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. ARTICLE 4 INSTRUCTIONS TO BIDDERS 00100-2 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 four (4) calendar days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be accomplished by Addenda mailed or 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 Owner Options shall be bid. Failure to comply shall constitute a non-responsive bid. 5.2 ADDENDA INSTRUCTIONS TO BIDDERS 00100 - 3 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 three (3) 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 (91st) 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 INSTRUCTIONS TO BIDDERS 00100 - 4 of all such permits, impact fees, inspections and surveys. The Contractor shall be reauired to secure all such permits. impact fees. inspections and surveys reauired for the execution of this Contract, except as noted elsewhere herein (refer to subparagraph 4.7.1 on Page 00800-3 of the Contract Supplementary General Conditions). 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 Informal 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 and one (1) copy 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 comer, place the Bidder's name and address. 2. In the center of the envelope, put the following: URS Greiner, Inc. 5805 NW 11th Street, Suite 340 Miami, Florida 33126 3. In the lower left hand comer, put the following: Bid for: Tenants Improvements for the National Weather Service at the Key West International Airport To be opened: February 8. 1999 (Date) 4:00 PM (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. INSTRUCTIONS TO BIDDERS 00100 - 5 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. 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 URS Greiner, Inc. 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 URS Greiner, Inc. 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. INSTRUCTIONS TO BIDDERS 00100 - 6 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 URS Greiner, Inc. 6.1.2 Any Bid not received by URS Greiner, Inc. on or before the deadline for receipt of bids designated in the Notice of Calling for Informal Bids will be returned unopened. 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 nonconforming, nonresponsive 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 ~he 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. INSTRUCTIONS TO BIDDERS 00100 - 7 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 thirty (30) days after the date of receipt 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 INSTRUCTIONS TO BIDDERS 00100 - 8 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 OF SECTION 00100*** INSTRUCTIONS TO BIDDERS 00100 - 9 SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein. Item Description Pages 1. Proposal Form 2-3 2. Bid Bond and Affidavit 4-5 3. Non-Collusion Affidavit 6 4. Lobbying and Conflict of Interest Clause 7 5. Drug-Free Workplace Form 8 6. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed City of Key West Occupational License to Be Submitted with Bid Attachment "A" Schedule of Values 9-10 BID PROPOSAL 00110 - 1 SC-J~.1. BID PROPOSAL BID TO: BID FROM: URS GREINER, INC. 5805 NW 11 STREET, SUITE 340 MIAMI, FLORIDA 33126 K 0 \J~ GNST~l1--N I ~6o S.U). 4-8 ~ ':>1- {\/I...A. ~ ~ l.~::rL- :, :, I .r .r ....... t~C ... . , The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Tenants Improvements for the National Weather Service at the Kev West International Airport. y 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 ce.rtifies 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 ari,sing 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. The Contractor shall complete the Schedule of Values included as Attachment "A". The schedule shall be added and the final total base bid amount will be: $ O.NE Nv;..dlurl AM:;! 5/x7; -n,/~e.- 7h()l).}A;.Ic/ dtJJ/",;> and (Total Base Bid-Words) ~ I h?:>, 000. oD The Schedule of Values shall be used for evaluation purposes only. 0- cents. , I acknowledge receipt of Addenda No.(s) ~E>>J~ I have included pages 2 through 10 of the Bid Proposal which entails the Proposal Form ~ ! the required Bid Bond v: the proposed Affidavit~he Non-Collusion Affidavit ~ the Lobbying and Conflict of Interest Clause V, 'the Drug-Free Workplace Form ~ and the \ Schedule of Values Attachment "A" ~. In addition, I have included a certified copy of Contractor's License and a City of Key West Occupational License. Dlf""I nr>I"\1"V'''''^' (Check mark items above. as a reminder that they are included.) Mailing Address: ~ 0 U ~ ~ ~ ~~ ~ , 'dw c . ( ~B 0 S.uj. 4-8 l::L '5.+. ~~ ~ ~~\ ~~-- l ( ?;, Dory io to..,\ - c; ~ I I :~~~ \.. L f .' Phone Number: Date: ~ '5[ ~ '1 Signed: E ~ L.,-C jv". ~ ILNF-T (Name) ~~t oc3-Ji (Title) Witness: ~q (Seal) A-c.A:: ~ ~ e-. (lo D "",-..' S ~ t- tJ \ C--t Q ~ t' Q 'i:IU-r- , , ;iL~ ~ Pin DDnpn~"" """.41"\ '\ THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we IH~,I' Insen .ull n.me- .nd addrfll Of 11'1..1 tide of ContraClor) as Principal, hereinafter called the Principal, and IH~.e ""~" full ..."'~ and add.no o. I~I.I 1111~ of Sur~lyl a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto CHere '"O~" full ..."'~ and add.~" o. I~I.I IIII~ 01 O_~rI as Obligee, hereinafter .called the Obligee, in the sum of Dollars ($ l, 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 (Here ,nlet( full nlme. .ddl'tls and dncflphon of prolecU NOW. THE R EF 0 R E, il the Oblisee shall .ccept the bid of the Princi~1 and the Principal shall enter into a Conlracl with the Oblisee in accordance with the terms of such bid, and Sive such bond or bonds as may be specified in the biddins or Contract Documents wilh soad and sufficient surety for the failhlul performance of such Contract and for the !)rompt payment 01 labor and material fumished in the plO$eculion thereol, or In the ~nt of the failure 01 the Princi~1 10 enler such Contract and Sive such bond or bonds, if the Principal shall pay to the Oblisft the differenl:e not to exceed the penalty hereof between the amount specified in said bid and such larser amount for which the ObliS6 may ii' sood failh contract with another pany to perform the Work covered by said bid, then this oblisation sMII be null and void. otherwite to remain in full force and effect. Signed and sealed this day of 19 ( Princ/mll (Sea/) (Wilness) I (Tille) (Surety) (Seal) (Willless) I (Tille) AlA DOCUMENT ,Ul. . 810 101010 . AlA 8. FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS. 173S N.Y. AVE.. N.W., WASHINCTON, D. C. 2OlI06 BID PROPOSAL 00110 - 4 PROPqSAL AFFIDAVIT The following affidavit shall. be executed in order that your Proposal may be considered: STATE OF COUNTY OF +Co l--\~ b~ ~:. ... ':' , of lawful age, being first duly sworn, deposes and says: That he executed the accompanying Proposal on behalf of the Contractor named herein, and that he had lawful authority so to do, and said Contractor has not directly or indirectly, entered into any agreement, expressed or implied, with any , Contractor or Contractors, having for its object the controlling of the price or amount of such < . Proposal or any Proposals, the limiting of the Proposal of Contractors, the parceling or '. farming out to any Contractor or Contractors, to other persons of any part of the Contract or any of the subject matter of the Proposals, or of the profits thereof, and that he has not and will not divulge the sealed Proposal to any person whomsoever, except those having a partnership or other financial interest with him in said Proposal or Proposals, until after the sealed Proposal or Proposals are opened. Signed By: g~~~ It--i Subscribed and sworn to before me this & day of ~(I....u.~-, 19 ~ 7 My Commission Expires: By: f-h Ii;' I h QJ()~) Notary PUblic (Signature) ~: '. 'to END OF PROPOSAL AFFIDAVIT U MARILYN Ram NOl'AItYPUBLIC SfATEOF FLORIDA CDlOA&ION NO. cx:68'1326 . OCT. 1 1 !\."\ ;--(, :\~ ~~ BID PROPOSAl ""~~" r: NON-COLLUSION AFFIDAVIT I, f W \A u .~v\ , G Jl-(,.!i.J l:-l- of the city ll'J lJv; "\~ Fe ?ccording to law on my oath, and under penalty of perjury, epose and say thdt: 1. I am P ,l.J@~ \ 'lJe-u '" of the firm of (Lo U E~_ Ce-D S l)u..LL-n ~ I 12.vJe . the bidder making the Proposal for the project described in the notice for calling for bids for: 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 Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~~C4ly~_ -t (Signature of Bidder) ~rB{'1<7 (Date) COUNTY OF: t= L{)'{\..A" M ~ STATE OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, .~ vi D ~\ . G /L-..:.;,J L~ \f who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this '8 day of ~"I'U..A.. ~ . 19"1C, . . \ ~ l It!! d'J1GI1.{21 J NOTAR'f PUBLIC My commission expires: NOI'AKYPUBUC Sl'ATBCIl A.ORIDA CONMaION NO. cx::8326 BID PROPOSAL 1'\1'\111'\ ~ LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE reo \) EL_ LoV:::, '5>1'fvLL~1) ~ (Company) .' '\) .c.:\-J.' r,-. l ~"\J \" . 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". g~~~L-f (Signature) 2_ l 6 [c,. <1 Date: :', " STATE OF: .-- ra)"fc,( ~___ COUNTY OF: 0YJ-~ Subscribed and sworn tOI(~:>r affir91ed) ~efore me on by E->u-(' LA 1) '-'\., ~ t'L.t..2;.\J (1;. {- or has produced p~ f'It iA-~ ILu~N\j identification) , \ \, j /ftu fI'J kr~ NOtAR PUBLIC . ~ ,',', My commission expires: fFlOALNOfARY NOfARY PUBLIC S1'ATBOF R.ORIDA COMNl9llON NO. c::a8'1326 ,..:.~ , . ., f'!'.t DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance w.ith Florida Statute 287.087 hereby certifies that: o u K CC~ ST' ^-,LU:..1l /rvJ ~C. (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. 'fl" , .' 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 guilt or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of 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 prograr:n 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. ~~~~~f Bidder's Signature 'L1<9/'11 Date ,~ , BID PROPOSAL 0011 0 - 8 ATTACHMENT "A" SCHEDULE OF VALUES Cost 01000 - Basic Requirements $ ~J 000.00 Demolition and Off-Site Disposal ... .' 02000 - Site Work ... $ '2 , 000 ' 00 .' 4 - 4" Condo From existing manhole 03000 - Concrete $ 3,000.00 04000 - Masonry $ /1000.00 06000 - Carpentry $ ~,OOO. 00 Rough and Finish Incl\.lding Cabinetry ,~. 08000 - Doors, Frames, and Hardware $ /OJ $00.00 New exterior and interior doors and Relocation of existing 09000 - Finishes Acoustical Ceiling SYytem $ ~J 2"':70.00 Gypsum Board Systems $ -2'2., 'ibO. 00 Wall Finish and Painting $ 7.,100.00 Floor Tile $ '2 SOD. DO Carpet $ ?Q'30.00 Base $ 7bO.00 Exterior Stucco and Paint $ 1,000. DO 10000 - Specialties Toilet Accessories $ ? 00,00 Raised Computer Floor $ '2 B, 700. 00 Lockers $ /J <So 0 a . 00 Fire E~tinguisher and CabiElef $ 300.00 15000 - Mechanical Rework Existing AlC System $ "2, 200.00 Install PAC Unit at Equipment Room $ '300.00 , Rework Existing Sprinklers $ 3,700.00 \ 'U . Plumbing and Fixtures $ 10,000.00 ,~ ! '1 ~ 1.) r~ BID PROPOSAL nn11n _() 16000 - Electrical Rework and Expand Distribution of Existing Service Subtotal Overhead and Profit ,.,...' \ .. ... '.~ Total Base Bid ;' * :rN ducA.('d I~ OV'(l. bAS~ bid '50 ~IIQoD. 00 A lIoN~N<"'E. 1=O(t. it S " cl e.t.it;f.\ L t:1f?j7 fiANce.>. ,qd.J A ItclrJjAt~ E.xleK-/011- Coil,~, 5hvfRI<- ~L./,200.00 b $ 28,000.00 $ I 3 CJ I I..f 00. 00 $ J-?./ 600.00 $ lro 3,000. 00 , 'i , BID PROPOSAl 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 four (4) 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. PRE-BID SUBSTITUTIONS 00163 - 1 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 judgement 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. PRE-BID SUBSTITUTIONS 00163 - 2 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. 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. PRE-BID SUBSTITUTIONS 00163 - 3 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: Signature Title Firm Address City / State / Zip Code 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: Approved Apvd as noted Not Apvd Rec'd too late Insufficient data received By Date PRE-BID SUBSTITUTIONS 00163-4 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.) PRE-BID SUBSTITUTIONS 00163 - 5 SECTION 00230 SITE SURVEY A. The Plat of Survey and other survey data, are available in the Office of the Construction Manager for review, and are for the general information of the bidder. The data contained was prepared by the Owner for the Architect's use for the design of the project, and neither the Owner nor the Architect, nor the Construction Manager make any representation, guarantee of warranty as to the accuracy or completeness of data indicated. expressed or implied. B. Bidders shall visit the site, make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor the Architect, nor the Construction Manager will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful bidder based upon the survey information provided. SITE SURVEY 00230-1 SECTION 00300 SCOPE OF WORK AND SEQUENCE OF CONSTRUCTION 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 strinaent 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 Drawinas, (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. SCOPE OF WORK AND SEQUENCE OF CONSTRUCTION 00300-1 SECTION 00350 MILESTONE SCHEDULElLIQUIDA 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. Bid Documents Available ...................... ...... .............. ..... ...... ....... February 1, 1999 2. Bid Due Date ............................................................................. February 8, 1999 3. Award Date (Anticipated) ........ ................. ......... ....... ......... ....... February 10, 1999 4. Preconstruction Meeting (Anticipated) ...................................... February 23, 1999 5. Notice to Proceed & Start Construction (Anticipated) ............... February 24, 1999 6. Final Completion ............................................................................. April 15, 1999 UQUIDA TED 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. If the work is not completed within forty-five (45) calendar days of Notice-to-Proceed (construction), the Contractor will be assessed liquidated damages of $1,000 for each calendar day the work overruns the allotted contract time. 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 MILESTONE SCHEDULE 00350 - 1 SECTION 00500 FiXeD PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is made by and between Monroe County, 5100 qpllege Road, Stock Island, Key West, FJorida 33040 (hereinafter referred to as "owner") and Il.,~o J i.: '.- ,.,c,,: ...,. "'. "~ ~.I.{., f I u0 J ,:..f (,.. . (hereinafter referred to as "contractor") for construction of Tenants Improvements for the National Weather Service at the Kev West International Airport. the specifications and architectural and engineering drawings for which are attached and incorporated into this contract as Exhibit A (hereinafter referred to as the "Project"), the owner and the contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. It shall be effective on the date this agreement is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all change orders, any addenda and field orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this contract. 1.3 Entire Agreement 1.3.1 This contract, together with the contractor's public construction bond for the Project, constitute the entire and exclusive agreement between the owner and the contractor with reference to the Project. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the owner and contractor. 1.4 No Privity with Others 1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the owner and any person or entity other than the contractor. 1.5 Intent and Interpretation 1.5.1 The intent of this contract is to require complete, correct and timely execution of the work. Any work that may be required, implied or inferred by the contract documents, or anyone or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract price. 1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by anyone contract document shall be considered as required by the county commissioners. FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 1 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein, second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The specification herein of any act, failure, refusal, omiSSion, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the owner or the architect of the contract documents, shop drawings or product data shall not relieve the contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the contractor's compliance with this contract. The owner has requested the architect to only prepare documents for the project, including the drawings and specifications for the project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction and that the contractor has not, does not, and will not rely upon any representation or warranties by the owner concerning such contract documents as no such representation or warranties have been or are hereby made. 1.5.8 As between numbers and scaled measurements on the drawings and in the design, the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the contract document into divisions, sections, paragraphs, articles (or other categories), nor the organization or arrangement of the design, shall control the contractor in dividing the work or in establishing the extent or scope of the work to be performed by subcontractors. 1.6 Ownership of Contract Documents 1.6.1 The contract documents, and each of them, shall remain the property of the owner. The contractor shall have the right to keep one record set of the contract documents upon completion of the project; provided, however, that in no event shall contractor use, or permit to be used, any or all of such contract documents on other projects without the owner's prior written authorization. FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 2 ARTICLE II THE WORK 2.1 The contractor shall perform all of the work required, implied or reasonably inferable from, this contract. 2.2 The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this contract, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales and use taxes; royalties and product license fees; permits and licenses required of the contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the contractor is generally described as follows: The proposed work consists of providing tenant improvements within existing building, finished shell area of 2945 s.f. work. Work shall include reworking and expanding existing lighting, air conditioning, and electrical to tenant requirements; construction of new partitions to subdivide the lease area; installation of a raised computer floor in equipment and open office areas; addition and relocation of exterior doors; construction of two new handicapped toilets and a kitchen area. All work to be performed in accordance with the project documents and applicable code requirements. ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1 The contractor shall commence the work onlv after he has obtained all the necessary permits and a Notice to Proceed for construction has been issued and shall achieve substantial completion of the work no later than 50 calendar davs after the Notice to Proceed (construction) has been issued 3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in Section 00350-1 "Liquidated Damages" of the Specifications per day for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for substantial completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that substantial completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving substantial completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 3 3.2 Substantial Completion 3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose. The date of substantial completion is the date set forth by the Construction Manager on the substantial completion form. 3.3 Time is of the Essence 3.3.1 All limitation of time set forth in the contract documents are of the essence of this contract. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for all of the work required herein, the fixed sum of $ I':. ()"t. .' . The sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except by change order as provided in this contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to the owner and to the architect a schedule of values allocating the contract price to the various portions of the work. The contractor's schedule of values shall be prepared in such form, with such detail, and supported by such data as the architect or owner may require to substantiate its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any element thereof. The violation of this provision by the contractor shall constitute a material breach of this contract. The schedule of values shall be used only as a basis for the contractor's applications for payment and shall only constitute such basis after it has been acknowledged in writing by the architect and the owner. 5.2 Payment Procedure 5.2.1 The owner shall pay the contract price to the contractor as provided below. 5.2.2 Progress Payments-Based upon the contractor's applications for payment submitted to the architect and upon certificates for payment subsequently issued to the owner by the architect, the owner shall make progress payments to the contractor on account of the contract price. 5.2.3 On or before the first day of each month after commencement of the work, the contractor shall submit an application for payment for the period ending the last day of the month to the architect in such form and manner, and with such supporting data and content, as the owner or the architect may require. Therein, the contractor may request payment for ninety percent (90%) of that portion of the contract price properly allocable to contract requirements properly provided, labor, materials and equipment properly incorporated in the work plus ninety percent (90%) of that portion of the contract price properly allocable to materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by the owner) for subsequent incorporation in the work, less the total amount of previous payments FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 4 received from the owner. Payment for stored materials and equipment shall be conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to such materials and equipment and shall include proof of required insurance. Such application for payment shall be signed by the contractor and shall constitute the contractor's representation that the work has progressed to the level for which payment is requested in accordance with the schedule of values, that the work has been properly installed or performed in full accordance with this contract, and that the contractor knows of no reason why payment should not be made as requested. Thereafter, the architect will review the application for payment and may also review the work at the project site or elsewhere to determine whether the quantity and quality of the work is as represented in the application for payment and is as required by this contract. The architect shall determine and certify to the owner the amount properly owing to the contractor. The owner shall make partial payments on account of the contract price to the contractor within twenty (20) days following the receipt by Monroe County Construction Manager, of each application for payment, from the Architect. The amount of each partial payment shall be the amount certified for payment by the architect less such amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have the right to withhold as authorized by this contract. The architect's certification of the contractor's application for payment shall not preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3 hereinbelow. 5.2.4 The contractor warrants that all payments to subcontractors have been made as certified on the application for payment and 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 payments have been received from the owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the contractor or any other person or entity whatsoever. 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the contractor on account of such subcontractor's work, the amount to which such subcontractor is entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor may only seek payment from the contractor's public construction bond surety. In no event is the owner obligated to pay any subcontractor an amount owed to it by the contractor. Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor and its subcontractors. 5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be interpreted to constitute an acceptance of any work not in strict accordance with this contract. 5.3 Withheld Payment 5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: . (a) defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; (b) (c) fashion; claims of third parties against the owner or the owner's property; failure by the contractor to pay subcontractors or others in a prompt and proper FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 5 (d) evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; (e) evidence that the work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the work in accordance with the contract; (g) damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall promptly comply with such demand. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty (20) days after the date established herein for payment to the contractor by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any amount then due and payable to the contractor, then the contractor may after seven (7) additional days' written notice to the owner and the architect, and without prejudice to any other available rights or remedies it may have, stop the work until payment of those amounts due from the owner have been received. 5.5 Substantial Completion 5.5.1 When the contractor believes that the work is substantially complete, the contractor shall submit written notice that the project is ready for substantial completion inspection. The architect, on the basis of contractor's notice, shall determine that the work is in fact substantially complete, and report findings to the Construction Manager. The Construction Manager will inspect the work and will be the final judge as to whether substantial completion has been achieved. The Architect will prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the contractor for project security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time within which the contractor shall complete the items listed therein. The certificate of substantial completion shall be submitted to the contractor for written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work and execution by both the owner and the contractor of the certificate of substantial completion, the owner shall pay the contractor an amount sufficient to increase total payments to the contractor to one hundred percent (100%) of the contract price less five percent (5%) retention and less three hundred percent (300%) of the reasonable cost as determined by the owner and the architect for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling all unsettled claims. The certificate of substantial completion shall not be signed by the Construction Manager unless accompanied by a signed certificate of occupancy from all governing authorities. 5.6 Completion and Final Payment 5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make final inspection of the work and, if work is complete in full accordance with this contract and this contract has been fully performed, the architect will promptly issue a final certificate for payment certifying to the owner that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 6 required by the contract shall commence on the date of final completion of the work. If the architect is unable to issue its final certificate for payment and is required to repeat its final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the owner from the contractor's final payment. 5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the architect in its certificate of substantial completion, the contractor shall pay the owner the sum of $1.000.00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving final completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the work for which the owner, or the owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the architect or the owner; and the consent of surety to final payment. The affidavits, releases and waivers required from subcontractors and materialmen are for the administrative convenience of the owner only. They do not create an obligation on the part of the owner to assure that any subcontractor or materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the contractor's public construction bond surety. 5.6.3 The owner shall make final payment of all sums due the contractor per Section 01027 of the Technical Specifications Project Manual. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 7 ARTICLE VI THE OWNER 6.1 Information and Services Required from Owner 6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the project. Such written and tangible material is furnished to the contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the project site. 6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The owner shall furnish the contractor, free of charge, 6 copies of the contract documents for execution of the work. The contractor will be charged, and shall pay the owner, $ 100.00 per additional set of contract documents which it may require. 6.2 Right to Stop Work 6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this contract, the owner may order the contractor to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the owner orders that work be resumed, in such event, the contractor shall immediately obey such order. 6.3 Owner's Right to Perform Work 6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor fails within three (3) days of such stoppage to provide adequate assurance to the owner that the cause of such stoppage will be eliminated or corrected, then the owner may, without prejudice to any other rights or remedies the owner may have against the contractor, proceed to carry out the subject work. In such a situation, an appropriate change order shall be issued deducting from the contract price the cost of correcting the subject deficiencies, plus compensation for the architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the contractor shall pay the difference to the owner. ARTICLE VII THE CONTRACTOR 7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7. The contractor shall perform no part of the work at any time without adequate contract documents or, as appropriate, approved shop drawings, product data or samples for such portion of the work. If the contractor performs any of the work knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the architect, the contractor shall bear responsibility for such performance and shall bear the cost of correction. FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 8 7.2 The contractor shall perform the work strictly in accordance with this contract. 7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort and attention. The contractor shall be responsible to the owner for any and all acts or omissions of the contractor, its employees and others engaged in the work on behalf of the contractor. 7.4 Warranty 7.4.1 The contractor warrants to the owner that all labor fumished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. 7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses necessary and ordinary for the work. The contractor shall secure and pay for all permits, govemmental 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 permit or County impact fees for the building permit issued by the County Building Department. The contractor is responsible for permit and impact fees issued by City Building Departments and any jurisdiction other than the County of Monroe. The contractor shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work. 7.6 Supervision 7.6.1 The contractor shall employ and maintain at the project site only competent supervisory personnel. Absent written instruction from the contractor to the contrary, the superintendent shall be deemed the contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the owner or the architect. 7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows: Na"le ,. .. ~'~', ' . . tJ-rF ' k~ l. t,,'p....';, .,J.t I~ ..,.'tr.,,~ . r . . '~~"("\ ., .i" 'AJft ,'!'.,f<>- r Fun~tion f, >t.i (f...f ",'"4 ,...j~; 1 1", f~<-. ;~, t>.:J i'i" . /.-i.od...;c;;......r .\.( "",.j ;""v {' - So long as the individuals named above remain actively employed or retained by the contractor, they shall perform the functions indicated next to their names unless the owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the contractor shall be bound by the provisions of this subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner and the architect for their information, the contractor's schedule for completing the work. The contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire project. Each such revision shall be furnished to the owner and the architect. Failure by the contractor to strictly comply with the provisions of this FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 9 paragraph 7.7 shall constitute a material breach of this contract. 7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and the architect, one record copy of this contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the contractor shall maintain at the site for the owner and the architect the approved shop drawings, product data, samples, other similar required submittals and an office for their use. Upon final completion of the work, all of these record documents shall be delivered to the owner. 7.9 Shop Drawings, Product Data and Samples 7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not constitute contract documents. Their purpose is merely to demonstrate the manner in which the contractor intends to implement the work in conformance with information received from the contract documents. 7.9.2 The contractor shall not perform any portion of the work requiring submittal and review of shop drawings, product data or samples unless and until such submittal shall have been approved by the architect. Approval by the architect, however, shall not be evidence that work installed pursuant thereto conforms with the requirements of this contract. 7.10 Cleaning the Site and the Project 7.10.1 The contractor shall keep the site reasonably clean during performance of the work. Upon final completion of the work, the contractor shall clean the site and the project and remove all waste, together with all of the contractor's property therefrom. 7.11 Access to Work 7.11.1 The owner and the architect shall have access to the work at all times from commencement of the work through final completion. The contractor shall take whatever steps necessary to provide access when requested. 7.12 Indemnification and Hold Harmless 7.12.1 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. 7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 10 7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the owner 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. 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. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 The Architect 8.1.1 The architect for this project is URS Greiner. Inc. In the event the owner should find it necessary or convenient to replace the architect, the owner shall retain a replacement architect and the status of the replacement architect shall be that of the former architect. 8.2 Architect's Administration 8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those duties and discharge those responsibilities allocated to the architect as set forth in this contract. The architect shall be the owner's representative from the effective date of this contract until final payment has been made.. 8.2.2 The owner and the contractor shall communicate with each other in the first instance with consultation from the architect. 8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the contractor. 8.2.4 The architect will review the contractor's applications for payment and will certify to the owner for payment to the contractor, those amounts then due the contractor as provided in this contract. 8.2.5 The architect shall have authority to reject work which is defective or does not conform to the requirements of this contract. If the architect deems it necessary or advisable, the architect shall have authority to require additional inspection or testing of the work for compliance with contract requirements. 8.2.6 The architect will review and approve, or take other appropriate action as necessary, concerning the contractor's submittals including shop drawings, product data and samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the contract documents. 8.2.7 The architect will prepare change orders and may authorize minor changes in the work by field order upon approval of the owner, as provided elsewhere herein, as long as there is no change in contract price. 8.2.8 The architect shall, upon written request from the contractor, and in line with article 5, FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 11 conduct inspections to determine the date of substantial completion and the date of final completion, will receive and forward to the owner for the owner's review and records, written warranties and related documents required by this contract and will issue a final certificate for payment upon compliance with the requirements of this contract. 8.3 Claims by the Contractor 8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the architect. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. 8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently proceed with performance of this contract and the owner shall continue to make payments to the contractor in accordance with this contract. The resolution of any claim under this paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the contractor. 8.3.3 Claims for Additional Costs-If the contractor wishes to make a claim for an increase in the contract price, as a condition precedent to any liability of the owner therefor, the contractor shall give the architect written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the contractor before proceeding to execute any additional or changed work. The failure by the contractor to give such notice and to give such notice prior to executing the work shall constitute a waiver of any claim for additional compensation. 8.3.3.1 In connection with any claim by the contractor against the owner for compensation in excess of the contract price, any liability of the owner for the contractor's costs shall be strictly limited to direct costs incurred by the contractor and shall in no event include indirect costs or consequential damages to the contractor. The owner shall not be liable to the contractor for claims of third parties, including subcontractors, unless and until liability of the contractor has been established therefor in a court of competent jurisdiction. 8.3.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the owner or someone acting on the owner's behalf, or by changes ordered in the work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then the date for achieving substantial completion of the work shall be extended upon the written notice and claim of the contractor to the owner and the architect, for such reasonable time as the architect may determine. Any notice and claim for an extension of time by the contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the contractor's basis for requiring additional time in which to complete the project. In the event the delay to the contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the contractor fails to make such claim as required in this subparagraph, any claim for an extension of time shall be waived. In no event is the contractor entitled to additional compensation for any delay described in this paragraph 8.3.4 or other paragraphs. 8.4 Field Orders 8.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or in contract time and not inconsistent with the intent of the contract. Such changes shall be effected by field order and shall be binding upon the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 12 contractor. The contractor shall carry out such field orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a portion of the work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the contract, the contractor shall fumish the owner in writing, the names of persons or entities proposed by the contractor to act as a subcontractor on the project. The owner shall promptly reply to the contractor, in writing, stating any objections the owner may have to such proposed subcontractor. The contractor shall not enter into a subcontract with a proposed subcontractor with reference to whom the owner has made timely objection. The contractor shall not be required to subcontract with any party to whom the contractor has objection. 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which correspond to those rights afforded to the owner against the contractor herein, including those rights afforded to the owner by subparagraph 12.2.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Changes Permitted 10.1.1 Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this contract, by change order or by field order. 10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the contractor shall proceed promptly with such changes. 10.2 Change Order Defined 10.2.1 Change order shall mean a written order to the contractor executed by the owner and the architect, issued after execution of this contract, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. 10.3 Changes in the Contract Price 10.3.1 Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order; or (b) if no mutual agreement occurs between the owner and the contractor, then, as provided in subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined by the architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 13 decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5%. 10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so changed in a proposed change order that application of such unit prices to the quantiti~s of wor~ proposed will cause substantial inequity to the owner or to the contractor, the applicable UnIt prices shall be equitably adjusted. 10.4 Minor Changes 10.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or an extension of the contract time and not inconsistent with the intent of this contract. Such minor changes shall be made by written field order, and shall be binding upon the owner and the contractor. The contractor shall promptly carry out such written field orders. 10.5 Effect of Executed Change Order 10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this contract as thus amended, the contract price and the contract time. The contractor, by executing the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 10.6 Notice to Surety; Consent 10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's surety with reference to all change orders if such notice, consent or approval is required by the contractor's surety or by law. The contractor's execution of the change order shall constitute the contractor's warranty to the owner that the surety has been notified of, and consents to, such change order and the surety shall be conclusively deemed to have been notified of such change order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of this contract, it shall, if required by the architect or the owner, be uncovered for the architect's inspection and shall be properly replaced at the contractor's expense without change in the contract time. 11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1 above, it shall, if required by the architect or owner, be uncovered for the architect's inspection. If such work conforms strictly with this contract, costs of uncovering and property replacement shall by change order be charged to the owner. If such work does not strictly conform with this contract, the contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as defective or failing to conform to this contract. The contractor shall pay all costs and expenses associated with correcting such rejected work, including any additional testing and inspections, and reimbursement to the owner for the architect's services and expenses made necessary thereby. FIXED PRICE CONTRACT BElWEEN OWNER AND CONTRACTOR 00500 - 14 11.2.2 If within one (1) year after final completion of the work any of the work is found to be defective or not in accordance with this contract, the contractor shall correct it promptly upon receipt of written notice from the owner. This obligation shall survive final payment by the owner and termination of this contract. With respect to work first performed and completed after substantial completion, this one-year obligation to specifically correct defective and nonconforming work shall be extended by the period of time which elapses between substantial completion and completion of the subject work. 11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with respect to other obligations which the contractor has either under this contract or under the laws of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2 relates only to the duty of the contractor to specifically correct the work. 11.3 Owner May Accept Defective or Nonconforming Work 11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so. In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming work and (b) the difference between the fair market value of the project as constructed and the fair market value of the project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for its acceptance of defective or nonconforming work, the contractor shall, upon written demand from the owner, pay the owner such remaining compensation for accepting defective or nonconforming work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Govemment, through no fault of the contractor or any person or entity working directly or indirectly for the contractor, the contractor may, upon ten (10) days' written notice to the owner and the architect, terminate performance under this contract and recover from the owner payment for the actual reasonable expenditures of the contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the work, less any salvage value of any such items. 12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the contractor for a period of fifteen (15) days after receiving written notice from the contractor of its intent to terminate hereunder, the contractor may terminate performance under this contract by written notice to the architect and the owner. In such event, the contractor shall be entitled to recover from the owner as though the owner had terminated the contractor's performance under this contract for convenience pursuant to subparagraph 12.2.1 hereunder. 12.2 Termination by the Owner 12.2.1 For Convenience: 12.2.1.1 The owner may for any reason whatsoever terminate performance under this contract by the contractor for convenience. The owner shall give written notice of such termination to the contractor specifying when termination becomes effective. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 15 Physical Conditions: 4.02.01 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by COUNTY ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.02.06, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.02.02 Existing structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.03) which are at or contiguous to the site that have been utilized by COUNTY ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.02.06, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.02.03 Report of Differing Conditions: If CONTRACTOR believes that: 4.02.03.01 any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.02.01 and 4.02.02 is inaccurate, or 4.02.03.02 any physical condition uncovered or revealed at the site differs materially from that indicated, rejected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and COUNTY ENGINEER in writing about the inaccuracy or difference. 4.02.04 COUNTY ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of such findings and conclusions. 4.02.05 Possible Document Change: If COUNTY ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order may be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.02.06 Possible Time Adjustments: In each such case, an extension or shortening of the Contract Time will be allowable to the extent that it is attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the length thereof, a claim may be made therefore as provided in Articles 11 and 12. Physical Conditions-Underground Facilities: 4.03.01 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or COUNTY ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.03.01.01 OWNER and COUNTY ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.03.01.02 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.21 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 1/27/99 GENERAL CONDITIONS 00750-6 4.03.02 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of and before performing any Work (except in an emergency as permitted by paragraph 6.23), the Contractor shall identify the owner of such Underground Facility of the Work. The Contractor shall give written notice of the Work to that owner and to the COUNTY ENGINEER. COUNTY ENGINEER shall determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended as determined. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.21. CONTRACTOR shall be allowed an Increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. Reference Points: 4.04 OWNER shall provide engineering surveys to establish reference points for construction which in COUNTY ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocate without the prior written approval of OWNER. CONTRACTOR shall report to COUNTY ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, & shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds: 5.01 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.02 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01 , CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: 5.03 CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 1/27/99 GENERAL CONDITIONS 00750-7 5.03.01 Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.03.02 Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.03.03 Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.03.04 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by any other person for any other reason; 5.03.05 Claims for damages, other than to the Work itself. because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.03.06 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.03.07 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.03 shall include the specific coverage and be written for not less than the limits of liability and coverage provided in the Supplementary Insurance Documents, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and COUNTY ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.04 The comprehensive general liability insurance required by paragraph 5.01 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.05 OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Acceptance of Insurance: 5.06 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.03 and 5.04 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.07. If CONTRACTOR has any objections to the coverage afforded by the other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.03 and 5.04 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CONTRACTOR in accordance with paragraph 2.07. OWNER and CONTRACTOR shall each provide to the other such additional information in respect to insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection 1/27/99 GENERAL CONDITIONS 00750-8 within the time provided shall constitute acceptance of such complying with the Contract Documents. insurance purchased by the other as Partial Utilization - Property Insurance: 5.07 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 14.08.03; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendent: 6.01 CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method, technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.02 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and COUNTY ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.03 CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours. and CONTRACTOR not permit overtime work or the performance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to COUNTY ENGINEER. 6.04 Unless otherwise specified in the General Requirements. CONTRACTOR shall furnish and assume full responsibility for all materials. equipment. labor. transportation. construction equipment and machinery, tools, appliances, fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing, start-up and completion of the Work. 6.05 All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Documents. If required by COUNTY ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed. connected. erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to COUNTY ENGINEER. or any of COUNTY ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. 6.06 Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The Contractor acknowledges that it is functioning as an independent Contractor in performing under 1/27/99 GENERAL CONDITIONS 00750-9 the terms of this Contract and it is not action as an employee of the County. The Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et. seq., and regulations relating thereto. Failure to comply with the above provisions for this contract shall be considered a material breach and shall be grounds for immediate termination of the Contract. Adjusting Progress Schedule: 6.07 CONTRACTOR shall submit to COUNTY ENGINEER for acceptance (to the extent indicated in paragraph 2.09) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items after Award: 6.08.01 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by COUNTY ENGINEER if sufficient information is submitted by CONTRACTOR to allow COUNTY ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by COUNTY ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by COUNTY ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make written application to COUNTY ENGINEER for acceptance thereof. certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by COUNTY ENGINEER in evaluating the proposed substitute. COUNTY ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.08.02 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to COUNTY ENGINEER, if CONTRACTOR submits sufficient information to allow COUNTY ENGINEER to determine the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by COUNTY ENGINEER will be similar to that provided in paragraph 6.08.01 as applied by COUNTY ENGINEER and as may be supplemented in the General Requirements. 6.08.03 COUNTY ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. COUNTY ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without COUNTY ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. COUNTY ENGINEER will record time required by COUNTY ENGINEER and COUNTY ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not COUNTY ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of COUNTY ENGINEER and COUNTY ENGINEER's consultants for evaluating each proposed substitute. 1/27/99 GENERAL CONDITIONS 00750-10 Concerning Subcontractors. Suppliers and Others: 6.09.01 CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or COUNTY ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.09.02 If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and COUNTY ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or COUNTY ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an ap- propriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or COUNTY ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or COUNTY ENGINEER to reject defective Work. 6.10 CONTRACTOR shall be fully responsible to OWNER and COUNTY ENGINEER for all acts and omissions of the Subcontractors. Supplier and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or COUNTY ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or COUNTY ENGINEER to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.11 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating Work to be performed by any specific trade. 6.12 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and COUNTY ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.03 and 5.04. Patent Fees and Royalties: 6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or COUNTY ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and COUNTY ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 1/27/99 GENERAL CONDITIONS 00750-11 6.14 Unless otherwise provided in the Supplementary Conditions, OWNER shall obtain and pay for all construction permits and licenses. CONTRACTOR shall assist OWNER, when necessary, in obtaining such ' permits and licenses. OWNER shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owner for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.15.01 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor COUNTY ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.15.02 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give COUNTY ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.04. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to COUNTY ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.16 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.17 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or COUNTY ENGINEER on account of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and COUNTY ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequently out of any action, legal or equitable, brought by any such other party against OWNER or COUNTY ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.18 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.19 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 1/27/99 GENERAL CONDITIONS 00750-12 6.20 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written . interpretations and clarifications (issued pursuant to paragraph 9.04) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to COUNTY ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to COUNTY ENGINEER for OWNER. Safety and Protection: 6.21 CONTRACTOR shall be responsible for initiating, maintaining supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage, injury or loss to: 6.21.01 all employees on the Work and other persons and organizations who may be affected thereby; 6.21.02 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.21.03 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.21.02 or 6.21.03 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or COUNTY ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and COUNTY ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.22 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.23 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from COUNTY ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If COUNTY ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.24 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to COUNTY ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.09), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless 1/27/99 GENERAL CONDITIONS 00750-13 otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as COUNTY ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable COUNTY ENGINEER to review the information as required. 6.25 CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.01 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.02 At the time of each submission, CONTRACTOR shall give COUNTY ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to COUNTY ENGINEER for review and approval of each such variation. 6.26 COUNTY ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but COUNTY ENGINEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by COUNTY ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by COUNTY ENGINEER on previous submittals. 6.27 COUNTY ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.02 and COUNTY ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by COUNTY ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.01. 6.28 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to COUNTY ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.05 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 1/27/99 GENERAL CONDITIONS 00750-14 6.30 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and COUNTY ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct. indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31 In any and all claims against OWNER or COUNTY ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of COUNTY ENGINEER, COUNTY ENGINEER's consultants, agents or employees arising out of the negligent preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7 - OTHER WORK Related Work at Site: 7.01 OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefore which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. 7.02 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of COUNTY ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.03 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to COUNTY ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work. Coordination: 1/27/99 GENERAL CONDITIONS 00750-15 7.04 If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor COUNTY ENGINEER shall have any authority or responsi- bility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 OWNER shall issue all communications to CONTRACTOR through COUNTY ENGINEER. 8.02 In case of termination of the employment of COUNTY ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former COUNTY ENGINEER. 8.03 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.03 and 14.04. 8.04 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.04. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by COUNTY ENGINEER in preparing the Drawings and Specifications. 8.05 OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set for the in paragraphs 5.05 through 5.07. 8.06 OWNER is obligated to execute Change Orders as indicated in paragraph 10.04. 8.07 OWNER's responsibility in respect to certain inspections, tests and approvals is set forth in paragraph 13.09. 8.08 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.01. Paragraph 15.02 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9 - COUNTY ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.01 COUNTY ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of COUNTY ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and COUNTY ENGINEER. Visits to Site: 9.02 COUNTY ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general. if the Work is proceeding in accordance with the Contract Documents. COUNTY ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. Project Representation: 1/27/99 GENERAL CONDITIONS 00750-16 9.03 If OWNER and COUNTY ENGINEER agree, COUNTY ENGINEER will furnish a Resident Project Representative to assist COUNTY ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not the COUNTY ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.04 COUNTY ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as COUNTY ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. Authorized Variations in Work: 9.05 COUNTY ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefore as provided in Article 11 or 12. Rejecting Defective Work: 9.06 COUNTY ENGINEER will have authority to disapprove or reject Work which COUNTY ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.09, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.07 In connection with COUNTY ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.24 through 6.28 inclusive. 9.08 In connection with COUNTY ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.09 In connection with COUNTY ENGINEER's responsibilities in respect of Applications for Payment, etc.. see Article 14. Determinations for Unit Prices: 9.10 COUNTY ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. COUNTY ENGINEER will review with CONTRACTOR, COUNTY ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). COUNTY ENGINEER's written decisions will be submitted to OWNER. OWNER's decision will be final and binding upon CONTRACTOR. Decisions on Disputes: 9.11 COUNTY ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to COUNTY ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which COUNTY ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter 1/27/99 GENERAL CONDITIONS 00750-17 will be delivered by the claimant to COUNTY ENGINEER and the other party to the Agreement promptly but in no event later than thirty days after the occurrence of the event giving rise thereto, and . written supporting data will be submitted to COUNTY ENGINEER and the other party within sixty days after such occurrence unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. The OWNER's decision will be final and binding upon CONTRACTOR. Limitations on COUNTY ENGINEER's Responsibilities: 9.12 Neither COUNTY ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by COUNTY ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of COUNTY ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.13 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction, review or judgment of COUNTY ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to COUNTY ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. 9.14 COUNTY ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and COUNTY ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.15 COUNTY ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 - CHANGES IN THE WORK 10.01 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.02 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefore as provided in Article 11 or Article 12. 10.03 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.04 and 3.05, except in the case of an emergency as provided in paragraph 6.23 and except in the case of uncovering Work as provided in paragraph 13.09. 10.04 OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering: 10.04.01 changes in the Work which are ordered by OWNER pursuant to paragraph 10.01, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties: 1 0.04.02changes in the Contract Price or Contact Time which are agreed to by the parties; and 1/27/99 GENERAL CONDITIONS 00750-18 1 0.04.03changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by OWNER pursuant to paragraph 9.11. 10.05 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any of Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount each applicable Bond will be adjusted accordingly. ARTICLE 11 . CHANGE OF CONTRACT PRICE 11.01 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.02 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and abating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by OWNER. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.02. 11.03 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.03.01 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.08.01. through 11.08.03, inclusive). 11.03.02By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.06.02.01). 11.03.030n the basis of the Cost of the Work (determined as provided in paragraphs 11.04 and 11.05) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.06 and 11.07). Cost of the Work: 11.04 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.05: 11.04.01 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.04.02Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof. and Suppliers' field service required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 1/27/99 GENERAL CONDITIONS 00750-19 which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11 .04.03 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of COUNTY ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofor as applicable. 11.04.04Costs of special consultants (including but not limited to engineers, architects. testing labs. surveyors. attorneys and accountants) employed for services specifically related to the Work. 11 .04.05Supplemental costs including the following: 11 .04.05.01 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.04.05.02 Cost. including transportation and maintenance. of all materials. supplies, equipment. machinery. appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11 .04.05.03 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of COUNTY ENGINEER, and the costs of transportation, loading, unloading, installation. dis- mantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary of the Work. 11.04.05.04 Sales, consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11 .04.05.05 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.04.05.06 Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If. however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11 .06.02. 11 .04.05.07 The cost of utilities, fuel and sanitary facilities at the site. 11.04.05.08 Minor expenses such as telegrams. long distance telephone calls, telephone service at the site. expressage and similar petty cash items in connection with the Work. 11 .04.05.09 Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with Article 5. 11 .05 The term Cost of the Work shall not include any of the following: 1/27/99 GENERAL CONDITIONS 00750-20 11.05.01 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.04.01 or specifically covered by paragraph 11.04-all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.05.02Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.05.03Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for any delinquent payments. 11.05.04Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.04.05.09 above). 11.05.05Costs due to the negligence of CONTRACTOR, and Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11 .05.060ther overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 .04. CONTRACTOR's Fee: 11 .06 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.06.01 a mutually acceptable fixed fee; or if none can be agreed upon, 11.06.02a fee based on the following percentages of the various portions of the Cost of the Work: 11.06.02.01 for costs incurred under paragraphs 11.04.01 & 11.04.02, the CONTRACTOR's Fee shall be 15%; 11 .06.02.02 for cost incurred under paragraph 11 .04.03, the CONTRACTOR's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent (15%); 11 .06.02.03 no fee shall be payable on the basis of costs itemized under paragraphs 11 .04.04, 11 .04.05 and 11.05; 11 .06.02.04 the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease. 11.06.02.05 when both additions and credits are involved in anyone change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.06.02.01 through 11.06.02.04, inclusive. 11 .07 Whenever the cost of any Work is to be determined pursuant to paragraph 11.04 or 11 .05, CONTRACTOR will submit in form acceptable to COUNTY ENGINEER an itemized cost breakdown together with supporting data. Unit Price Work: 11 .08.01 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1 /27/99 GENERAL CONDITIONS 00750-21 established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classification of Unit Price Work performed by CONTRACTOR will be made by COUNTY ENGINEER in accordance with Paragraph 9.10. 11.08.02Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.08.03Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 . ARTICLE 12 - CHANGE OF CONTRACT TIME 12.01 The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be bases on written notice delivered by the party making the claim to the other party and to COUNTY ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by OWNER in accordance with paragraph 9.11. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.01. 12.02 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefore as provided in paragraph 12.01. Such delays shall include, omissions or acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. In the case of the delay caused by one or more of the events described in this paragraph, an extension of time is the only remedy and, in such a case, the Contractor will not be entitled to an increase in the contract price. 12.03 All time limits stated in the Contract Documents are the essence of the Agreement. ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION: REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.01 CONTRACTOR warrants and guarantees to OWNER and COUNTY ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.02 COUNTY ENGINEER & his representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting & testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 1/27/99 GENERAL CONDITIONS 00750-22 13.03 CONTRACTOR shall give COUNTY ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.04 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore. pay all costs in connection therewith and furnish COUNTY ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or COUNTY ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporo- tion in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.05 All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by COUNTY ENGINEER if so specified). 13.06 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of COUNTY ENGINEER. it must, if requested by COUNTY ENGINEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given COUNTY ENGINEER timely notice of CONTRACTOR's intention to cover the same and COUNTY ENGINEER has not acted with reasonable promptness in response to such notice. 13.07 Neither observations by COUNTY ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.08 If any Work is covered contrary to the written request of COUNTY ENGINEER, it must. if requested by COUNTY ENGINEER, be uncovered for COUNTY ENGINEER's observation and replaced at CONTRACTOR's expense. 13.09 If COUNTY ENGINEER considers it necessary or advisable that covered Work be observed by COUNTY ENGINEER or inspected or tested by other. CONTRACTOR, at COUNTY ENGINEER's request, shall uncover, expose or otherwise make available for observation. inspection or testing as COUNTY ENGINEER may require, that portion of the Work in question. furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall bear all direct. indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof. may make a claim therefore as provided in Article 11. If. however. such Work is not found to be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both, directly attributable to such uncovering. exposure. observation, inspection, testing and reconstruction; and. if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. Owner May Stop the Work: 13.10 If the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stop Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 1 /27/99 GENERAL CONDITIONS 00750-23 13.11 If required by COUNTY ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if Work has been rejected by COUNTY ENGINEER, remove it from the site and replace it with non-defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period: 13.12 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Law or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item may start from an earlier date it must be noted in the Specifications or by Written Amendment. Nothing in this paragraph shall be read as constituting a limitation on any action contrary to that provided in Sec. 95.11 (3)(c) , Fla. Statutes. Acceptance of Defective Work: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to COUNTY ENGINEER's recommendation of final payment, also COUNTY ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by COUNTY ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to COUNTY ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefore as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written notice of COUNTY ENGINEER to proceed to correct defective Work or to remove and replace rejected Work as required by COUNTY ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials & equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights & remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by OWNER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. Such direct, indirect & consequential costs will include but not be limited to fees and charges of engineer, architects, attorneys and other professionals, all court costs and all costs of repair & replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time 1/27/99 GENERAL CONDITIONS 00750-24 12.2.1.2 The contractor shall incur no further obligations in connection with the work and the contractor shall stop work when such termination becomes effective. The contractor shall also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The owner may direct the contractor to assign the contractor's rights, title and interest under terminated orders or subcontracts to the owner or its designee. 12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the contractor has. 12.2.1.4 (a) The contractor shall submit termination claim to the owner and the architect speCifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the architect. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the owner shall pay the contractor, an amount derived in accordance with subparagraph (c) below. (b) The owner and the contractor may agree to the compensation, if any, due to the contractor hereunder. (c) Absent agreement to the amount due to the contractor, the owner shall pay the contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the contractor would have not profited or would have sustained a loss if the entire contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (Hi) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed the total contract price as properly adjusted, shall be reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause: 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this contract, then the owner may by written notice to the contractor, without prejudice to any other right or remedy, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 16 machinery thereon owned by the contractor and may finish the work by whatever methods it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. 12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work, including compensation for the architect's additional services and expenses made necessary thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive the termination of the contract. 12.2.2.3 In the event the employment of the contractor is terminated by the owner for cause pursuant to subparagraph 12.2.2 and it is SUbsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached and incorporated into this contract. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law 14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 14.2 Successors and Assigns 14.2.1 The owner and contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The contractor shall not assign this contract without written consent of the owner. 14,3 Surety Bonds 14.3.1 The contractor shall furnish the public construction bond in the amount and form set forth in Section 255.05, Florida Statutes. 14.4 Ethics Clause 14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the owner 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. 14.5 Public Entity Crime Statement 14.5.1 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 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 17 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14.6 Assignment of the Architect's Duties 14.6.1 The duties of the architect under this contract may be assigned by the owner, at his discretion, to a construction manager selected by the owner. 14.7 Trench Safety 14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the Trench Safety Act (Sees. 553.60-553.64, Fla. Stat.). 14.8 Contingency 14.8.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Effective Date IS Jract will take effect on the date of the signature of the last party to sign. " -..... ~.riNESS WHEREOF, each par:ty has caused his Agreement to be executed by its ~~d representative this /0 ~Jt day of :....A... I 19~' ~L/ , BOARD OF COUNTY COMMISSIONERS :~/KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA ~ By: .Jl. ";',,.L f!. ~~ By \.U ~ -, .....~ -__1\::. __~ Deputy Clerk Mayor/Chairman Date ~ - , 0 .. .. , (SEAL) Attest: CONTRACTOR By: Title: ~Me~ tJ. "i=JV1Jb ~ t. a. ~-'c' t ~'i: By: Title: j~~b~J-f f AM "'4' 0 1l1., ~ tl.~ (fo r FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 18 EXHIBIT A CONTRACT DOCUMENTS Document 1. Bid Documents Date February 1999 February 1999 February 1999 February 1999 February 1999 2. Contract Documents 3. Conditions 4. General Requirements 5. Technical Specification and drawings FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 19 EXHIBIT B INSURANCE REQUIREMENTS FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 20 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Construction 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 hislher own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractors 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 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 prove 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 the 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 ofthe actual insurance policy. Administration Instruction #4709.2 1996 Edition The County, at is 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, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 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. 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. Administration Instruction #4709.2 1996 Edition 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 Workers' Compensation Employers Liability X Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$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 INSCKLST 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehicles Required Limits: VL1 VL2 x VL3 VL4 BRI x MVC PROI PR02 PR03 POLl POL2 POL3 EDI ED2 $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/$I,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,OOO Agg. Pollution Liability $ 500,000 per Occurrence/$ 1 ,000,000 Agg. $1,000,000 per Occurrence/$2,OOO,000 Agg. $5,000,000 per Occurrence/$I 0,000,000 Agg. Employee Dishonesty $ 10,000 $100,000 INSCKLST 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: . Premises Operations . Blanket Contractual · Expanded Definition of Property Damage · Products and Completed Operations · Personal Injury Required Limits: GL1 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 x $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 Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST 1996 Edition GKl Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MEDl 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 VLPl 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 HKLl Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIRl Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$I ,000,000 Agg. E03 $1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST 1996 Edition INSURANCE AGENTS 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 BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST 1996 Edition 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 the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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. Administrative Instruction #4709.2 WC2 WRK_COMP.DOC 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: $300,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709.2 VL2 VEH-L1AB.DOC 1996 Edition 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. Administrative Instruction #4709.2 BR1 BLD_RISK.DOC 1996 Edition 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 Operation . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 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. Administrative Instruction #4709.2 GL2 GEN_L1AB.DOC COLLINSWORTII, ALTER, NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WlTII FWRIDA STAruTES 255.05 (1) (a) Bond No 23 SB 101182707 Contractor Name ROVEL CONSTRUCTION, INe. 7380 S.W. 48 ST., MIAMI, FL 33155 305/661-9211 Contractor Address Contractor Phone No. Surety Company AMERICA TRAVELERS CASUALTY & SURETY COMPANY OF Surety Address 33614 7870 WOODLAND CENTER BLVD., TAMPA, FL Surety Phone No. (813) 890-4400 MONROE COUNTY BOARD OF COUNTY Owner Name COMMISSIONERS Owner Address FL 33040 5100 COLLEGE ROAD, STOCK ISLAND, KEY WEST, Owner Phone Number 305/292-4528 Obligee Name (If contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No..( If Applicable) WPI NO. 6826662 Project Name TENANT IMPROVEMENTS FOR THE NATIONAL WEATHER SERVICE, KEY WEST INTERNATIONAL AIRPORT Project Location KEY WEST, FLORIDA Legal Description and Street Address ** *PLEASE SEE ATTACHED LEGAL DESCRIPTION*** Description of Work TENANT IMPROVEMENTS FRONT PAGE An nfh..... hnnd ft......) ..... d......I11M UlIh.Pnn...nf fn 'hi. ....,.. ..........1.... 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"-__C.. tJ =~ 2...)t.I_ >"'=:'l:I::=>-C:~- - ~:::'J>>"'=:::l:::::- ~>~~:::€:Ii"'~ -=> c: -.0_ Q> -- =E: -;r) ::s- c- =0 o<":l =c- i~ ~c tq too >z '%~ 0_ - ~t1:I e- Zto O~ ~~ > ~c P'I:I~ ~;:I: ~~ ~~ r:- to ~ -i ~ .. 0 0 % t= tI) " n 0 ~ tIS - ." 8 ~ - c 0 % % -3 >>< .. '!S ~ ~ .. ~ c - -- t:I:l - 'Z 0 e ::= ea .., ~ .., r. c - ~ :..: SECTION 00501 PUBLIC CONSTRUCTION BOND Bond No. 23SB101182707 BY THIS BOND. We Rovel Construction, rnc. , as Pnncioal and Travelers Casualty and Surety Company of , a.corporation, as Surety are bound . Ame~1ca . to Monroe County, Flor1da , nerem called Owner. in the sum of $ 163,000.00 fer ~ymer.t 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 , 19___ between Principal and Owner for construction of TENANT IMPROVEMENTS AT KEY WEST**~ the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and ***INTERNATIONAL AIRPORT FOR THE NATIONAL WEATHER SERVICE, MONROE COUNTY, FLORIDA 2. Promptly makes payment to aU daimants. as defined in Section 255.05(1), Rorida Statutes, supplying Principal with labor, materialS, or supplies, used directly or indirectly by Principal in the proseaJtion of the work provided for in the contract and; 3. Pays Owner aU losses, damages. including damages for delay. expenses, costs. and attorney's fees, induding 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 forca. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the d1anges does not affect Surety's obligation under this bond. DATED ON ( ATtORNEY.IN-FACT) Charles J. Nielson . BY Travelers Casualty and Surety Company of America (NAME OF SURE1Y') PUBLIC CONSTRUCTION BOND 00501-1 TRAVELERS CASUALTY AI'ffi SURETY COMPANY OF AMERICA TRAVELERS CASUALTY Al'ID SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Dlinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATIORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY'AND SURETY COMPA.J."lY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford. County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ll..LINOIS, a corporation duly organized under the laws of the State of lllinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: D. Michael Stevens, Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Warren M. Alter, Brett M. Rosenhaus, Melinda Rosenhaus, Kevin Wojtowicz or Donald A. Lambert, Jr. * * of Miami Lakes, FL, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute ,and acknowledge, at any place within the United States. or, if the following line be filled in, within the area there designated the following instrument(s): by hislher sole signature and act. any and all bonds, recognizances, contracts of indemnity, and other writings obligatoI)' in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice Ptesident, any Scnicr Vice Ptesident, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant SecretaIy may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may presaibe to sign with the Company's name and seal with the Company's seal bonds, recogTIi7Jmt"i'!!l. contracts ofiDdemnity, and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman. any Executive Vice President, any Seuior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Seaetary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recogramnce. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President; any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Seaetary or Assistant Sc:aetary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power presaibed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President; any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secrelaly, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such po\\'a' of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be .alid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ~_.l-' SECTION 00750 GENERAL CONDITIONS Article Number 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Title Page DEFINITIONS. . . . . . .. ................................. PRELIMINARY MATTERS. . . . . . . . . .. .......... .......... 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE. . . . . . . . . . . .. ................................. 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 BONDS AND INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CONTRACTOR'S RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . 9 OTHER WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 OWNER'S RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 COUNTY ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . 16 CHANGES IN THE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 CHANGE OF CONTRACT PRICE. . . . . . . . . . . . . . . . . . . . . . . . . 19 CHANGE OF CONTRACT TIME. . . . . . . . . . . . . . . . . . . . . . . . . . 22 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION; REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. . . . . . . . . . . . . . . . . . . . . 23 PAYMENTS TO CONTRACTOR AND COMPLETION. . . . . . . . . . . 25 SUSPENSION OF WORK AND TERMINATION. . . . . . . . . . . . . . . . 29 DISPUTE RESOLUTION. . . . . . . . . . . . . . . . .. ................ 30 MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . .. ............... 30 1/27/99 GENERAL CONDITIONS 00750-0 SECTION 00750 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by COUNTY ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. ARCHITECT/ENGINEER - The person, firm or corporation named as such in the Agreement. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, performance and payment bonds and other instruments of security. Change Order - a document recommended by COUNTY ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Agreement. Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to paragraphs 3.04 and 3.05 on or after the Effective Date of the Agreement. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.08.01- 11.08.03 in the case of Unit Price Work). Contract Time - The number of days (computed as provided in paragraph 17.02) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to COUNTY ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.07 or 14.08). Drawings - The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. 1/27/99 GENERAL CONDITIONS 00750-1 Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the tWo . parties to sign and deliver. Field Order - A written order issued by COUNTY ENGINEER which orders minor changes in the Work in accordance with paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division 1 of the Specifications. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT/ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER - The public body or authority, corporation, association, firm or person with who CONTRACTOR has entered into the Agreement and for who the Work is to be provided. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorized representative of COUNTY ENGINEER who is assigned to the site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of COUNTY ENGINEER as evidenced by COUNTY ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.10. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions - The part of the Contract Documents which amends or supplements there General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tans, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum 1/27/99 GENERAL CONDITIONS 00750-2 products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work - Work to be paid for on the basis of unit prices. Work _ The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by COUNTY ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in p. 4.02 or 4.03 or to emergencies under paragraph 6.23. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any on the Contract Price or Contract Time as provided in p. 10.02. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non- technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS Delivery of Bonds: 2.01 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.01. Copies of Documents: 2.02 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.03 The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.05 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to COUNTY ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from COUNTY ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or COUNTY ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 1 /27/99 GENERAL CONDITIONS 00750-3 2.06 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to COUNTY ENGINEER for review: 2.06.01 an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.06.02 a preliminary schedule of Shop Drawing submissions; and 2.06.03 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.07 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to COUNTY ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.03 and 5.04, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraph 5.05. Preconstruction Conference: 2.08 Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.06, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payments, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.09 At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.06. The finalized progress schedule will be acceptable to COUNTY ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on COUNTY ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions will be acceptable to COUNTY ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to COUNTY ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.01 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Florida. 3.02 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred form the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or 1/27/99 GENERAL CONDITIONS 00750-4 not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or COUNTY ENGINEER, or any of their consultants, . agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to COUNTY ENGINEER, or any of COUNTY ENGINEER's consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Clarifications and interpretations of the Contract Documents shall be issued by COUNTY ENGINEER as provided in paragraph 9.04. 3.03 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to COUNTY ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from COUNTY ENGINEER; however, CONTRACTOR shall not be liable to OWNER or COUNTY ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.04 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.04.01 a formal Written Amendment. 3.04.02 a Change Order (pursuant to paragraph 10.04), or 3.04.03 a Work Directive Change (pursuant to paragraph 10.01 )"As indicated in paragraphs 11.02 and 12.01. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.05 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.05.01 Field Order (pursuant to paragraph 9.05), 3.05.02 COUNTY ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.05.03 COUNTY ENGINEER's written interpretation or clarification (pursuant to paragraph 9.04). Reuse of Documents: 3.06 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of COUNTY ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and COUNTY ENGINEER and specific written verification or adaptation by COUNTY ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.01 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 1/27/99 GENERAL CONDITIONS 00750-5 because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's. rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.01 The schedule of values established as provided in paragraph 2.06 will serve as the basis for progress payments & will be incorporated into a form of Application for Payment acceptable to the COUNTY ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.02 At least twenty days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to COUNTY ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.03 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of application for Progress Payment: 14.04 COUNTY ENGINEER will, within fifteen (15) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the COUNTY ADMINISTRATOR for processing, or return the Application to CONTRACTOR indicating in writing COUNTY ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Twenty (20) days after submission of the completed and approved Application for Payment. the amount recommended will (subject to the provisions of the last sentence of paragraph 14.05) be paid by OWNER to CONTRACTOR. 14.05 COUNTY ENGINEER may refuse to recommend the whole or any part of any payment if, in COUNTY ENGINEER's opinion, it would be incorrect to make such representations to OWNER. COUNTY ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in COUNTY ENGINEER's opinion to protect OWNER from loss because: 14.05.01 the Work is defective, or completed Work has bee damaged requiring correction or replacement, 14.05.02the Contract Price has been reduced by Written Amendment or Change Order, 14.05.030WNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.05.04of COUNTY ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.02.01 through 15.02.09 inclusive. OWNER may refuse to make payment of the full amount recommended by COUNTY ENGINEER because claims have been made against OWNER on 1/27/99 GENERAL CONDITIONS 00750-25 account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.06 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and COUNTY ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that COUNTY ENGINEER issue a certificate of Substantial Completion. If COUNTY ENGINEER does not consider the Work substantially complete, COUNTY ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If COUNTY ENGINEER considers the Work substantially complete, COUNTY ENGINEER will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Upon recommendation from COUNTY ENGINEER, OWNER makes the decision as to final payment. 14.07 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.08 Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Documents, or which OWNER, COUNTY ENGINEER and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.08.01 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete and request COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and COUNTY ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and COUNTY ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If COUNTY ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.06 and 14.07 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.08.020WNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to COUNTY ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and COUNTY ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and COUNTY ENGINEER that such part of the Work is not ready for separate operation by OWNER, COUNTY ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed COUNTY ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.08.03 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.07 in respect of property insurance. 1/27/99 GENERAL CONDITIONS 00750-26 Final Inspection: 14.09 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, COUNTY ENGINEER will make a final inspection with OWNER and CONTRACTOR & will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.10 After CONTRACTOR has completed all such corrections to the satisfaction of COUNTY ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.20) and other documents-all as required by the Contract Documents, and after COUNTY ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Bond could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety to final payment. The affidavits and the proof release of liens are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to see that any third parties are paid for their work or material. Such persons may seek payment from the Contractor's public construction bond surety only. Final Payment and Acceptance 14.11 If, on the basis of COUNTY ENGINEER's observation of the Work during construction and final inspection, and COUNTY ENGINEER's review of the final Application for Payment and accompanying documentation -all as required by the Contract Documents, COUNTY ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, COUNTY ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing COUNTY ENGINEER's recommendation of payment and present the Application to COUNTY ADMINISTRATOR for processing of payment. Otherwise, COUNTY ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Twenty (20) days after presentation to COUNTY ENGINEER of the Application and accompanying documentation, in appropriate form and substance, the amount recommended by COUNTY ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.12 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if COUNTY ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of COUNTY ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less that the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to COUNTY ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation 14.13 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by COUNTY ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to 1 /27/99 GENERAL CONDITIONS 00750-27 CONTRACTOR under the Contract Documents, or any use of occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by COUNTY ENGINEER pursuant to paragraph 14.11, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.14). Waiver of Claims 14.14 The making and acceptance of final payment will constitute: 14.14.01 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.09 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.14.02a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 15.01 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and COUNTY ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an extension of Contract Time, directly attributable to any suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12. OWNER May Terminate 15.02 Upon the occurrence of anyone or more of the following events: 15.02.01 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.02.02if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.02.03if CONTRACTOR makes a general assignment for the benefit of creditors; 15.02.04if a trustee, receiver, custodian, or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.02.05if CONTRACTOR admits in writing an inability to pay its debts generally as the become due; 15.02.06if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.09 as revised from time to time); 15.02.07if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 1/27/99 GENERAL CONDITIONS 00750-28 15.02.08if CONTRACTOR disregards the authority of COUNTY ENGINEER; or 15.02.09if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliance, construction equipment, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by COUNTY ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.03 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR the existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.04 Upon seven days' written notice to CONTRACTOR and COUNTY ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses incurred in ending the work, which will include, but not be limited to, direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court costs). CONTRACTOR May Stop Work or Terminate 15.05 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or COUNTY ENGINEER fails to act on any Application for Payment within twenty days after it is submitted, then CONTRACTOR may, upon seven days' written notice to OWNER and COUNTY ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the OWNER. ARTICLE 16 - DISPUTE RESOLUTION 16.01 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by a Court of Law in the County of Monroe in the State of Florida. All procedures shall be subject to all the standard practices of civil proceedings of the State of Florida. ARTICLE 17 - MISCELLANEOUS Giving Notice 17.01 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or 1/27/99 GENERAL CONDITIONS 00750-29 to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time 17.02.01 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.02.02A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day. General 17.03 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.03 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.04 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.01, 13.12, 13.14, 14.03, and 15.02 and all of the rights and remedies available to OWNER and COUNTY ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ........................................ END OF SECTION 00750 1/27/99 GENERAL CONDITIONS 00750-30 SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AlA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this Section shall govern. ARTICLE 1 1. Subparagraph 1.1.3-third line-after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1-delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "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." 4. Add new subparagraph 1.3.2 as follows: "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." ARTICLE 2 1. Subparagraph 2.2.1-after the word "representative", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4-first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7-delete in its entirety. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 4. Subparagraph 2.3.15-delete in its entirety. 5. Subparagraph 2.3.18-delete the word "reasonable" in the sixth (6th) line. After the word "promptness", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21-first line-delete the words "The Construction Manager will assist the Architect", and substitute, "The Architect will assist the Construction Manager." 7. Subparagraph 2.3.23-delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1-delete in its entirety. 2. Subparagraph 3.3.1-delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3". 3. Subparagraph 3.4.1-substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "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 given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Add new subparagraph 4.4.3 as follows: "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 jobsite at the Contractor's expense." 2. Add new subparagraph 4.4.4 as follows: "The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 3. Add new subparagraph 4.4.5 as follows: SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 "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." 4. Subparagraph 4.7.1-delete in its entirety and replace with: "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." 5. Subparagraph 4.8-delete in its entirety. 6. Subparagraph 4.9.1-add the following sentence: "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." 7. Subparagraph 4.10.1-add the following sentence: "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." 8. Add new subparagraph 4.10.2: "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." 9. Add new subparagraph 4.12.9: "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." 1 O. Subparagraph 4.14.1-add at line 3 after "properly": "He shall also provide protection of existing work as required." SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 11. Subparagraph 4.14.2-at end of paragraph, add: "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." 12. Add new subparagraph 4.14.3: "The Contractor shall arrange for any blockouts, cutouts, 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, any such block-out, cutout opening, or other hole in any fire-rated floor, ceiling, wall, security wall, or any other finished surface". 13. Subparagraph 4.15.1-at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 14. Add new subparagraph 4.16.2: "The Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Contractor, and may be considered grounds for replacement of site personnel." 15. Add new Subparagraph 4.16.3: "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: Mr. Stephen W. Piazza, NCARS, AlA Monroe County Construction Manager 5100 College Road Key West, Florida 33040 or hand delivered to the Construction Manager's office. 16. Subparagraph 4.18-delete in its entirety and insert "Indemnification and Hold Harmless" and the following: "The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Soard 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 Contractor or any of its subcontractors in any tier, occasioned by the negligence or other 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 5 1. Subparagraph 5.2.3-delete in its entirety and insert the following: "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." ARTICLE 6 1. Subparagraph 6.1.1-delete the last sentence. 2. Subparagraph 6.1.3-delete in its entirety, and insert the following: "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." 3. Subparagraph 6.2.5-sixth (6th) line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and"; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "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 with (72) hours after the delay has ceased to exist. 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. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 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 Manger 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 oftime." ARTICLE 7 1. Subparagraph 7.1.1-delete in its entirety and insert the following: "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." 2. Subparagraph 7.2.1-delete in its entirety and insert the following: "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." 3. Add new Subparagraph 7.2.2: "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." 4. Paragraph 7.5-delete in its entirety and insert: "The Owner shall require the Contractor to furnish a Public Construction Bond in accordance with paragraph 11.1.9." 5. Subparagraph 7.8.1-delete in its entirety. 6. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3- delete in their entirety. ARTICLE 8 1. Add new Subparagraph 8.1.6: "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." SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 2. Subparagraph 8.3.1-delete in its entirety and insert the following: "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 6.2.6." 3. Subparagraph 8.3.2-delete in its entirety and insert: "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 6.2.6; 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 6.2.6; otherwise, any claim for extension of time based upon that cause shall be waived." 4. Subparagraph 8.3.4-delete in its entirety and insert the following: "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." 5. Add new subparagraph 8.3.5: "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 1. Subparagraph 9.3.3-add at line 14 after the word "person": "All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor." 2. Subparagraph 9.5.1-add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. 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. 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. 3. Add new subparagraph 9.5.6: "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. " 4. Add new subparagraph 9.5.7: "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 his Subcontractor interest therein. The 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." 5. Subparagraph 9.6.1-c1elete in its entirety and insert the following: "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 Applications 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 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. 9.6.1.1 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. Further, no payments on the basis of work performed by a Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7-delete in its entirety. 7. Add paragraph 9.10: "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 9.10 in all its contracts with subcontractors and materialmen." ARTICLE 10 1. Paragraph 10.2.S-second line-delete "(other than damage or loss insured under Paragraph 11.3)". ARTICLE 11 1. Delete Article 11 in its entirety and insert Article 11; "Insurance and Bonds" and the following subparagraphs: Prior to commencement of work governed by this contract (including the pre-staging 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. 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. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 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. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: m Certificate of Insurance or m 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, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 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. The Monroe County Board of County Commissioners, it's employees and officials will be included as "Additional Insured" on all policies, except for Worker's 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 the Monroe County's Risk Manager. 11.1.8 Throughout the term of the contract, the Contractor shall purchase and maintain Builder's Risk Insurance on an 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. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 11.1.9 Public Construction Bond 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 1. Subparagraph 12.1.2-Add to end of paragraph, "The Architect will prepare each Change Order in the format of the AlA Document G701/CM." 2. Subparagraph 12.1.3-under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 3. Subparagraph 12.1.4-delete in its entirety and insert the following: "If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 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/or 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; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark-ups for overhead and profit will be in accordance with subparagraph 12.1.6. 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." 4. Add new subparagraph 12.1.6: "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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 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: 12.1.6.1 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%). 12.1.6.2 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 enter into the Work, the maximum mark up for managing this work will be five percent (5%). 12.1.6.3 If the Subcontractor 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. 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. 5. Add new subparagraph 12.1.7: "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 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." 6. Subparagraph 12.3.1-delete in its entirety and insert the following: "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. 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. 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." SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 7. Subparagraph 12.3.2-change the word 'agent' in the seventh (7th) line, to 'representative', and revise the remainder of the paragraph to read: "or (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such claim as provided in Subparagraph 12.3.1." 8. Add new subparagraph 12.3.3: "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 7.1.1. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 12.1.4 for any dispute or claim item." ARTICLE 14 1. Subparagraph 14.1.1-starting at the eighth (8th) line, delete the phrase, "..., or if the Work should be stopped for a period of thirty (30) days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7". 2. Subparagraph 14.1.1-add to the last sentence: "excluding home office overhead." 3. Subparagraph 14.2.1-change the words 'seven days' in the 13th and 18th line, to '72 hours'. ******END OF SECTION 00800****** SUPPLEMENTARY GENERAL CONDITIONS 00800 - 13 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. PROJECT SAFETY & HEALTH PLAN 00970 - 1 8. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 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. PROJECT SAFETY & HEALTH PLAN 00970 - 2 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. 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 on the forms provided. 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 PROJECT SAFETY & HEALTH PLAN 00970 - 3 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 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 PROJECT SAFETY & HEALTH PLAN 00970 - 4 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 CONTRACTOR QUALITY CONTROL PLAN 00980 - 1 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 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. CONTRACTOR QUALITY CONTROL PLAN 00980 - 2 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 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 1.4.8 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 ArchitecUEngineer CONTRACTOR QUALITY CONTROL PLAN 00980 - 3 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 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. DAILY 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. CONTRACTOR QUALITY CONTROL PLAN 00980 - 4 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 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 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5 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 is the required format for submitting invoices. A copy of these forms are 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 and submittal schedule 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. APPLICATION FOR PAYMENT 01027 - 1 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) CM DOCUMENT CM Document CM Document AlA Document G-704 AlA Document G0706 AlA Document G-706A Document G-707 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 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 (Le., 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. APPLICATION FOR PAYMENT 01027 - 2 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Project meetings 2. The 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. Furnish three copies of minutes 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. PROJECT MEETINGS 01200 - 1 3 PRE-CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. B. Attendance: 1. Monroe County Construction Manager or his designee. 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. PROJECT MEETINGS 01200 - 2 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. 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. 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. Review of Work progress since previous meeting. 2. Field observations, problems, conflicts. 3. Problems which impede Construction Schedule. 4. Review of off-site fabrication, delivery schedules. 5. Corrective measures and procedures to regain projected schedule. 6. Revisions to Construction Schedule. PROJECT MEETINGS 01200 - 3 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 9. Review submittal schedules. 10. Maintenance of quality standards. 11. Pending changes and substitutions. 12. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 13. Other business. 14. Distribute meeting minutes. ******************** END OF SECTION 01200 PROJECT MEETINGS 01200 - 4 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: 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. SUBMITTALS 01301 - 1 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the Construction Manager or ArchitecUEngineer should be aware of. C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by ArchitecUEngineer (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. SUBMITTALS 01301 - 2 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. 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. SUBMITTALS 01301 - 3 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 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. SUBMITTALS 01301 - 4 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 ArchitecUEngineer 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 SUBMITTALS 01301 - 5 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 sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules 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 PROGRESS SCHEDULES 01310 - 1 under allowances and dates reviewed submittals will be required from the Architect. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES 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. PROGRESS SCHEDULES 01310-2 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 PROGRESS SCHEDULES 01310-3 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 of Construction.. 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. SCHEDULE OF VALUES 01370 - 1 D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 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 subschedule 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 SCHEDULE OF VALUES 01370-2 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each 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 each and every Contractor performing work on the project. Forms to be used will be furnished by the Construction Manager at the preconstruction meeting. 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, pipefitters, 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. DAILY CONSTRUCTION REPORTS 01385 - 1 10. Provide a full description of work performed that day, and 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 designated location described in the pre-construction meeting. 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. Submit Daily Reports no later than 9:00am the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. 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. ********************** END OF SECTION 01385 DAILY CONSTRUCTION REPORTS 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (OCR) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary . 2. Utilization of DCR 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 DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the Construction Manager. The DCR 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 DCR 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 contractor should propose a solution, and enter on the form in sufficient detail necessary for the Architect/Engineer or Construction Manager to confirm the contractor's proposed solution. The Contractor should also include any proposed change in contract price with the solution he proposes. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. DOCUMENT CLARIFICATION REQUESTS 01395 - 1 E. The responses provided on the OCR 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 OCR response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF OCR FORM A. The Construction Manager will make available the OCR forms for the contractors use. ********************** END OF SECTION 01395 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. 2. 3. 4. 5. 6. 7. B. 1. 2. 3. 4. Selection and payment The Contractor submittals Testing laboratory responsibilities Testing laboratory reports Limits on testing laboratory authority The Contractor responsibilities Schedule of inspections and tests Section 00750 - GENERAL CONDITIONS Section 01700 - CONTRACT CLOSEOUT Section 01800 - SOIL BORING DATA Individual Specification Sections: inspections and tests required. and standards for testing. 1.2 SELECTION AND PAYMENT A. The Owner 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. 01410 - 1 TESTING LABORATORY SERVICES 1.3 QUALITY ASSURANCE 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 ArchitecUEngineer 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 TESTING LABORATORY SERVICES 01410 - 2 6. Location in the Project 7. Type of inspection or test 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 TESTING LABORATORY SERVICES 01410-3 Contract Documents, the cost for any retests shall be the responsibility of the Contractor. ******************** END OF SECTION 01410 TESTING LABORATORY SERVICES 01410-4 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 TEMPORARY UTILITIES 01510-1 standards. Materials used for temporary service shall not be reused in the permanent system. 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 The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate TEMPORARY UTILITIES 01510-2 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: 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. TEMPORARY UTILITIES 01510 - 3 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. ******************** END OF SECTION 01510 TEMPORARY UTILITIES 01510-4 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 CONSTRUCTION AIDS 01520 - 1 such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. 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 CONSTRUCTION AIDS 01520 - 2 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 backfill 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 ACCESS ROADS AND PARKING AREAS 01550 - 1 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. TEMPORARY CONTROLS 01560 - 1 C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. 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 TEMPORARY CONTROLS 01560-2 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office 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 completely remove 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 FIELD OFFICES AND SHEDS 01590 - 1 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. CONSTRUCTION CLEANING 01595 - 1 B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the 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 CONSTRUCTION CLEANING 01595 - 2 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. MATERIAL AND EQUIPMENT 01600 - 1 D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION 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 MATERIAL AND EQUIPMENT 01600 - 2 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. POST-BID SUBSTITUTIONS 01630 - 1 4. Effects of substitution on separate contracts. 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. POST-BID SUBSTITUTIONS 01630 - 2 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. 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. POST-BID SUBSTITUTIONS 01630 - 3 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: POST-BID SUBSTITUTIONS 01630 - 4 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 POST-BID SUBSTITUTIONS 01630 - 5 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 that equipment or system has been properly installed and is functioning correctly. ******************** END OF SECTION 01650 STARTING OF SYSTEMS 01650 - 1 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 videotape 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. SYSTEMS DEMONSTRATIONS 01670 - 1 1.4 SUBMITTALS 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 SYSTEMS DEMONSTRATIONS 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT 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: CONTRACT CLOSEOUT 01700 - 1 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 reobserve 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. CONTRACT CLOSEOUT 01700 - 2 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. 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 reinspect 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 closeout submittals. Warranties & Guarantees for everything will begin at final completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER A. Project Record Documents (As Built Documents) 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). G. Disadvantaged Business Enterprise Program (see attachment). 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. b. c. d. e. f. Previous Change Orders Allowances Deductions for uncorrected Work Deductions for Liquidated Damages Deductions for Reinspection Payments Other Adjustments CONTRACT CLOSEOUT 01700-3 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. 1.7 FINAL PAYMENT ******************** END OF SECTION 01700 CONTRACT CLOSEOUT 01700 - 4 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. FINAL CLEANING 01710 - 1 C. Wash and shine glazing and mirrors. 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 FINAL CLEANING 01710 - 2 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 blackline prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. PROJECT RECORD DOCUMENTS 01720 - 1 C. Do not permanently conceal any work until required information has been recorded. 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". PROJECT RECORD DOCUMENTS 01720 - 2 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 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 PROJECT RECORD DOCUMENTS 01720 - 3 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. OPERATION AND MAINTENANCE DATA 01730 - 1 G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 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 OPERATION AND MAINTENANCE DATA 01730 - 2 limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. 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 reassembly 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. OPERATION AND MAINTENANCE DATA 01730 - 3 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. D. Submit two copies of approved revised volumes of data in final form within ten (10) days after final inspection. ******************** END OF SECTION 01730 OPERATION AND MAINTENANCE DATA 01730 - 4