05/21/2008 AgreementDANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE. July 31, 2008
TO: Deb Barsell, Director
Community Services
ATTN. Ali Trivette
Administrative Assistant
FROM. • Pamela G. Hane c
Deputy Clerk
At the May 21, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution a Standard Form of Agreement between Owner and
Contractor - Monroe County and The Aledan Group, Inc. for Rehabilitation of Bayshore Manor
in the total amount of $202,459.20 (Base Bid - $144,589.20; Alternate #1 - $20,420; Alternate #2
- $24,000; Alternate #3 - $5,950; Alternate #4 - $7,500).
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact me.
cc: County Attorney
Finance
File ✓
BAYSHORE MANOR
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the 21 st day of May in the year of 2008.
BETWEEN the Owner: Monroe County Board of County Commissioners
1100 Simonton Street
Wnx, West, Florida 33040
and the Contractor:
For the following Project:
Facilities Maintenance is:
The Aledan Group, Inc.
13015 SW 89th Place, Suite 165
Miami, FL 33176
Rehabilitation of Bayshore Manor,
5200 College Road, Key West, Florida
The Director of Facilities Maintenance
Monroe County Facilities Maintenance
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
The Consultant is: Meridian Community Services Group, Inc.
1111 121h Street, Unit 102
Key West, FL. 33040
The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Bid Documents, Contractors response, Work Write -Up,
and Addenda issued prior to execution of this Agreement, Alternates as accepted by Owner,
other documents listed in this Agreement and Modifications issued after execution of this
Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications,
appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
Scope of Work as identified in the Work Write -Up.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2
is measured, and shall be the date of this Agreement, as first written above, unless a different
date is stated below or provision is made for the date to be fixed in a notice to proceed issued
by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner
the Contractor shall notify the Owner, through the Director of Facilities Maintenance, in writing
not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
150 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Base Price of One hundred forty four thousand, five hundred eighty nine
and 20/100 Dollars ($144,589.20), subject to additions and deductions as provided in the
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Contract Documents. The base price plus the alternates listed below constitute the Contract
Sum.
4.2 The Contract Sum is also based upon the following alternates, if any, which are
described in the Contract Documents and are hereby accepted by the Owner:
Alternate #1 $20,420.00
Alternate #2 $24,000.00
Alternate #3 $ 5,950.00
Alternate #4 $ 7,500.00
The Total Contract Sum is $202,459.20 (Two hundred two thousand, four hundred
fifty-nine and 20/100 dollars).
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Facilities Maintenance, and upon Project Applications and Certificates for Payment issued by
the Director of Facilities Maintenance and Consultant, the Owner shall make progress payments
on account of the Contract Sum to the contractor as provided below and elsewhere in the
Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 Payment shall be made according to the Local Government Prompt Payment Act, Sec.
218.70 et seq. Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Facilities
Maintenance or Consultant may require. This schedule, unless objected to by the Director of
Facilities Maintenance or Consultant, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten percent (10%) Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Director of
Facilities Maintenance. When both additions and credits covering related Work or substitutions
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BAYSHORE MANOR
are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Facilities Maintenance has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Director of
Facilities Maintenance recommends and the Consultant determines for incomplete Work and
unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Project Certificate for Payment has been
issued by the Director of Facilities Maintenance and Consultant: such final payment shall be
made by the Owner not more than 20 days after the issuance of the final Project Approval for
Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
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
v14014000 AbKttMtN 1 13E 1 WEEN OWNER AND CONTRACTOR 00500-4
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property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.3 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this agreement for public records purposes during the term of
the agreement and for FIVE years following the termination of this agreement. If an
auditor employed by the County or Clerk determines that monies paid to the
Contractor pursuant to this agreement were spent for purposes not authorized by
this agreement, the Contractor shall repay the monies together with interest
calculated pursuant to sec. 55.03, FS, running from the date the monies were paid
to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
Governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree
that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. The parties waive their rights to trial by jury.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County
and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, as an award against the
non -prevailing party, and shall include attorney's fees, court costs, in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
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f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This agreement is not subject to arbitration.
Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective
the date of the court order. County or Contractor agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provision in the Federal or State statutes which may apply to the parties to, or the
subject matter of, this Agreement.
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k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each
is to perform and receive benefits as recited in this Agreement.
Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect tc
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fees, commission, percentage, gift, or
consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with
this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County/Owner in this Agreement and the
acquisition of any commercial insurance coverage, self insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by
4/28/2008 AGREEMENT BETWEEN OWNER AOATOR 00500-7
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any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by
Florida constitution, state statute, and case law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by singing any such counterpart.
v) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation
of any provisions of this Agreement.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
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9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are attached as Exhibit 1.
9.1.4 The Specifications are those contained in the Project Specifications dated November
2007.
9.1.5 The Work Write Up and project specifications issued by the Consultant for the
rehabilitation of the Bayshore Manor Assisted Living Facility Project
9.1.6 The Addenda, if any, are as follows:
Number One Date March 20, 2008 Pages 1
Number Two Date March 20, 2008 Pages 1
9.1.7 The Alternates, if any, are as follows:
ALTERNATE NO. 1: Replace 40 interior doors with new pre -hung doors, including new
hardware.
ADD Twenty thousand four hundred twenty and no/hundred dollars $20 420 00
Words Numbers
ADD ALTERNATE NO. 2: Paint exterior of building and trim.
ADD Twenty four thousand and no/hundred dollars $24 000 00
Words Numbers
ADD ALTERNATE NO. 3: Replace fourteen (14) existing porch fans with new exterior rated
porch fans.
ADD Five thousand nine hundred fifty and no/hundred dollars $ 5,950.00
Words Numbers
ADD ALTERNATE NO. 4: Prep and repaint exterior walkway concrete (approx. 2250 sq. ft.).
ADD Seven thousand five hundred and no/hundred dollars 7,500.00
Words Numbers
9.1.8 Other documents, if any, forming part of the Contract Documents are as follows:
CDBG Supplemental Conditions — See Attached Exhibit 1
Davis Bacon Requirements and Wage Decision — See Attached Exhibit 2
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Project Specifications - See Attached Exhibit 3
Limited Asbestos Survey - See Attached Exhibit 4 Report from Pb03
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to Facilities
Maintenance for use in the administration of the Contract, and the remainder to the Owner.
- BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, Clerk OF MONROE COU TY, FLORIDA
By: By
Deputy C erk Mayor/Chairm n
Date MAY 2 12008
Print Name: Pedro Jose Martinez
Title: General Contractor
Date: O-t -'lam - o�
z N
O C7 0
m
CONTRACTOR
,.
Print name: Alexander Varela
Title: President, The Aledan Group
Date:
Execution by the Contractor must be by a person with authority to bind the entity.
END OF SECTION 00500
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CYNTHIA L.-HALL
ASSIS ANACOUNTY ATTORNEY
Date -3 -08
4/28/2008 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-10
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Section 00760
General Conditions of the Contract for Construction
Where Facilities Maintenance is Not a Constructor
Table of Articles
1. General Provisions 8,
2. Owner g.
3. Contractor 10
4. Administration of the Contract 11.
5. Subcontractors 12.
6. Construction by Owner or By Other 13.
Contractors
7. Changes in the Work 14.
Time
Payments and Completion
Protection of Persons and
Property
Insurance and Bonds
Uncovering and Correction of Work
Miscellaneous Provisions
Termination or Suspension of the
Contract
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ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Specifications, addenda issued prior to execution of the Contract, Owners bid
documents, Contractor's payment and performance bond, other documents listed in the
Agreement and Modifications issued after execution of the Contract, and the Contractor's bid
and supporting documentation. A Modification is (1) a written amendment to the Contract signed
by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order
for a minor change in the Work issued by the Owner.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Consultant and Contractor, (2) Between Facilities Maintenance and Contractor, (3) between
the Consultant and Facilities Maintenance, (4) between the Owner and a Subcontractor (5)
between any persons or entities other than the Owner and Contractor. The Owner shall,
however, be entitled to enforce the obligations under the Contract intended to facilitate
performance of the duties of Facilities Maintenance.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Facilities Maintenance.
1.1.5 The Drawings: Not Applicable.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume which contains the bidding
requirements, sample forms, Conditions of the Contract and Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
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BAYSHORE MANOR
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Consultant's Specifications and Other Documents
1.3.1 The Specifications and other documents prepared by the Consultant are instruments of
the Consultant's service through which the Work to be executed by the Contractor is described.
The Contractor may retain one contract record set. Neither the Contractor nor any
Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a
copyright in the Specifications and other documents prepared by the Consultant. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to Facilities
Maintenance, on request, upon completion of the Work. The Specifications and other
documents prepared by the Consultant, and copies thereof furnished to the Contractor, are for
use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub -subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Specifications and other
documents prepared by the Consultant appropriate to and for use in the execution of their Work
under the Contract Documents. All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Specifications and other documents prepared by the
Consultant. Submittal or distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as publication in derogation of
copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
2 original copies, free of charge, of Specifications reasonably necessary for the execution of the
Work. Additional copies may be obtained from Facilities Maintenance at a fee of $5.00 per
page.
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
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ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through Facilities Maintenance, shall secure and pay for the building
permit.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through Facilities
Maintenance.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
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deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Facilities
Maintenance's and their respective consultants' additional services and expenses made
necessary by such default, neglect or failure. If payments then or thereafter due the Contractor
are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In
the event of safety issues determined to be of a serious nature, as determined by Facilities
Maintenance, notice will be given, and contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Facilities Maintenance, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Facilities Maintenance errors, inconsistencies or omissions discovered. The
Contractor shall not be liable to the Owner or Facilities Maintenance for damage resulting from
errors, inconsistencies or omissions in the Contract Documents unless the Contractor
recognized such error, inconsistency or omission and knowingly failed to report it to Facilities
Maintenance. If the Contractor performs any construction activity knowing it involves a
recognized error, inconsistency or omission in the Contract Documents without such notice to
Facilities Maintenance and Consultant the Contractor shall assume appropriate responsibility for
such performance and shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Facilities Maintenance at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Facilities Maintenance as provided
in Subparagraph 4.6.3.
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3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Facilities Maintenance in their
administration of the Contract, or by test, inspections or approvals required or performed by
persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by
Facilities Maintenance, the Contractor will remove and/or replace the employee at the request of
Facilities Maintenance. Employees dismissed from the project will be transported from the job
site at the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Facilities Maintenance, 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.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Facilities Maintenance and Consultant that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
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not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Facilities Maintenance or Consultant,
the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and Day for all Permits impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received. The Owner will not assess any County building permit or County impact fees.
The Contractor will be responsible for any other building permit costs or impact fees required for
this project. The Contractor shall secure and pay for all building and specialty permits including
plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Facilities Maintenance, Consultant and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Facilities Maintenance,
Consultant and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Facilities Maintenance and shall not be changed except
with the consent of Facilities Maintenance, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Consultant's information and Facilities Maintenance's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised as appropriate intervals as required by the conditions
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of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) 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
Facilities Maintenance's approval.
3.10.2 The Contractor shall cooperate with Facilities Maintenance in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Owner will conduct a weekly scheduling meeting which the Contractor shall attend.
At this meeting, the parties can discuss jointly such matters as progress, scheduling, and
problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Facilities Maintenance and Consultant and shall be delivered to Facilities
Maintenance for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by the Owner is
subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Facilities Maintenance, in
accordance with the schedule and sequence approved by Facilities Maintenance, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with Facilities Maintenance in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
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been approved by Facilities Maintenance. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Facilities Maintenance's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Facilities
Maintenance in writing of such deviation at the time of submittal and Facilities Maintenance has
given written approval to the specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar
submittals by Facilities Maintenance's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Facilities Maintenance on previous submittals.
3.12.10 Informational submittals upon which Facilities Maintenance are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 when professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Facilities Maintenance shall be entitled to
rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through Facilities Maintenance
for approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Facilities Maintenance before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Facilities Maintenance, Owner and such other contractors: such consent shall not
be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of the Owner shall also be required.
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The Contractor shall not unreasonably withhold from Facilities Maintenance or any separate
contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block -out, cutout opening, or other hole in any fire -related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Facilities Maintenance.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Facilities
Maintenance may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Facilities Maintenance and Consultant access
to the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Facilities Maintenance and
Consultant harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Consultant.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 Not Applicable
4.2 Facilities Maintenance
4.2.1 Facilities Maintenance is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Facilities
Maintenance" means Facilities Maintenance of Monroe County or Facilities Maintenance's
authorized representative.
4.3 Not Used
4.4 Administration of the Contract
4.4.1 Facilities Maintenance and Consultant will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Facilities Maintenance and
Consultant will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.4.2 Facilities Maintenance and Consultant will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.4.3 Facilities Maintenance will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Facilities Maintenance and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Facilities Maintenance and the Owner until subsequently revised.
4.4.4 Not Used
4.4.5 The Consultant will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Consultant will not be
required to make exhaustive or continuous onsite inspections to check quality or quantity of the
Work. On the basis of on -site observations as a consultant, the Consultant will keep the Owner
informed of progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the work.
4.4.6 Facilities Maintenance, except to the extent required by Consultant will not have control
over or charge of and will not be responsible for construction means, method, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither
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will be responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Facilities Maintenance nor the Consultant will have control over
or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work.
4.4.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Facilities Maintenance, and shall
contemporaneously provide the same communications to the Consultant. Communications by
and with the consultant shall be through the Owner. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Facilities Maintenance and shall be contemporaneously
provided to the Consultant.
4.4.8 The Consultant will review and certify all Applications for Payment by the Contractor,
including final payment. The Owner will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application for Payment.
After reviewing and certifying the amounts due the Contractors, the Owner will submit the
Project Application for Payment, along with the applicable Contractors' Applications for
Payment, to the Consultant.
4.4.9 Based on the Consultant's observations and evaluations of Contractors' Applications for
Payment, and the certifications of Facilities Maintenance, the Consultant will review and
approve the amounts due the Contractors on the Application for Payment.
4.4.10 The Owner will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
4.4.11 The Owner will receive from the Contractor and review and approve all Shop Drawings,
Product Data and Samples, coordinate them with information received from other Contractors,
and transmit to Facilities Maintenance those recommended for approval. The Owners's actions
will be taken with such reasonable promptness as to cause no delay in the Work of the
Contractor or in the activities of other Contractors or the Owner.
4.4.12 Facilities Maintenance will prepare Change Orders and Construction Change Directives.
4.4.13 Following consultation with Facilities Maintenance, the Consultant will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.4.14 Not Used.
4.4.15 The Contractor will assist the Owner in conducting inspections to determine the dates of
Substantial completion and final completion, and will receive and forward to the Consultant
written warranties and related documents required by the Contract and assembled by the
Contractor. The Contractor will forward to Facilities Maintenance a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.5 Claims and Disputes
4.5.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
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the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.5.2 Decision of Consultant. The Contractor, Facilities Maintenance and Consultant shall
try to resolve the claim or dispute with meet and confer sessions to be commenced within 15
days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16`h Judicial Circuit, Monroe County, Florida.
4.5.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.5.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.5.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
2 failure of the Work to comply with the requirements of the Contract Documents; or
3 terms of special warranties required by the Contract Documents.
4.5.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Owner will promptly investigate such conditions, and the parties will follow the
procedure in paragraph 4.5.2.
4.5.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work.
4.6.8 Claims for Additional Time.
4.6.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given before proceeding to execute the work as set forth in
paragraph 4.5.3.
4.6.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
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4.6.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.6.7 or 4.6.8.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub -subcontractor is a person or entity who has a director indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub -
subcontractor or an authorized representative of the Sub -subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Facilities Maintenance for review by the Owner, Facilities Maintenance the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Facilities Maintenance will promptly
reply to the Contractor in writing stating whether or not the Owner, Facilities Maintenance or
Consultant, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Facilities Maintenance to reply promptly shall constitute notice of no
reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Facilities Maintenance or Consultant has made reasonable and timely objection. The
Contractor shall not be required to contract with anyone to whom the Owner, Facilities
Maintenance, or Consultant has made reasonable objection.
5.2.3 If the Owner or Facilities Maintenance refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Facilities Maintenance or Consultant makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
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terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner,
Facilities Maintenance and Consultant. Each subcontract agreement shall preserve and protect
the rights of the Owner, Facilities Maintenance and Consultant under the Contract Documents
with respect to the Work to be performed by the Subcontractor so that subcontracting thereof
will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall
make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub -subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, which include persons or entities under separate contracts. The
Owner further reserves the right to award other contracts in connection with other portions of the
Project or other construction or operations on the site under Conditions of the Contract identical
or substantially similar to these including those portions related to insurance and waiver or
subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Facilities
Maintenance, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Facilities Maintenance shall be held harmless of
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Facilities Maintenance and other
Contractors reasonable opportunity for introduction and storage of their materials and
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equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Facilities Maintenance
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's own forces or other Contractors' completed or partially
completed or partial completed construction is fit and proper to receive the Contractor's Work,
except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the contractor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Facilities Maintenance 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 Facilities Maintenance within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall
be the basis for an extension of time he shall have no claim against the Owner or
Facilities Maintenance for an increase in the Contract price, nor a claim against the
Owner or Facilities Maintenance for a payment or allowance of any kind for damage, loss
or expense resulting from delays; nor shall the Contractor have any claim for damage,
loss or expense resulting from interruptions to, or suspension of, his work to enable
other contractors to perform their work. The only remedy available to the Contractor
shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Facilities Maintenance determines to
be just.
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ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Facilities
Maintenance, Consultant and Contractor; a Construction Change Directive require agreement
by the Owner, Facilities Maintenance and Consultant and may or may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Consultant alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Facilities Maintenance and signed
by the Owner, Facilities Maintenance, Consultant and Contractor, stating their agreement upon
all of the following:
1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Facilities Maintenance 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 Facilities Maintenance. The daily
force account forms shall identify Contractor and /or Subcontractor personnel by name, total
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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 Facilities Maintenance'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 Facilities Maintenance with all supporting documentation required by
Facilities Maintenance for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, including sales tax
and cost of delivery; cost of labor, including social security, old age and unemployment
insurance, and fringe benefits required by agreement or custom; works' or workmen's
compensation insurance; and the rental value of equipment and machinery. Markups for
overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination
of cost, payments on account shall be made as determined by Facilities Maintenance. 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
Facilities Maintenance. When both additions and credits covering related Work or substitutions
are involved in any one change, the allowance for overhead and profit shall be figured on the
basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the credit shall be the net cost. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all
general home/field office expenses. The actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform
the Work, the maximum mark-up for managing the Work will be five percent (5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of 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.
7.2.5 The Contractor shall furnish to the Owner through Facilities Maintenance, 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 Facilities Maintenance such as
certified quotations or invoices shall be provided by the Contractor to Facilities Maintenance at
no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Facilities Maintenance, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Facilities
Maintenance written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Facilities Maintenance for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
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material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or
claim item.
7.4 Authority
7.4.1 The Consultant will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Facilities Maintenance and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Owner in accordance with
Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Facilities Maintenance shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Consultant.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
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8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Facilities Maintenance, or the Consultant, 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, Facilities Maintenance, or by any other cause which Facilities Maintenance
determines may justify the delay, then the Contract Time shall be extended by no cost Change
Order for such reasonable time as Facilities Maintenance may determine, in accordance with
subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Facilities Maintenance not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Consultant,
through Facilities Maintenance, a schedule of values allocated to various portions of the Work,
prepared in such form and supported by such data to substantiate its accuracy as Facilities
Maintenance and Consultant may require. This schedule, unless objected to by Facilities
Maintenance or Consultant, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.3 Applications for Payment
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9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Consultant an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the Contractor's right to payment as the Owner, Facilities
Maintenance or Consultant may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub -subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 The Consultant will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the Consultant's receipt of the Project Application for Payment, Facilities
Maintenance and Consultant will either approve the Application for Payment, with a copy to the
Contractor, for such amount as Facilities Maintenance and Consultant determine is properly
due, or notify the Contractor in writing of Facilities Maintenance's and Consultant's reasons for
withholding approval in whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
separately by Facilities Maintenance and Consultant to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of Facilities
Maintenance's and Consultant's knowledge, information and belief, quality of the Work is in
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accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Facilities Maintenance or Consultant. The issuance of a separate Approval for Payment will
further constitute a representation that the Contractor is entitled to payment in the amount
approved. However, the issuance of a separate Approval for Payment will not be a
representation that Facilities Maintenance or Consultant has (1) made exhaustive or continuous
on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 Facilities Maintenance/ Consultant may decline to approve an Application for Payment if,
in his opinion, the application is not adequately supported. If the Contractor and Facilities
Maintenance cannot agree on a revised amount, Facilities Maintenance shall process the
Application for the amount it deems appropriate. Facilities Maintenance may also decline to
approve any Application for Payment because of subsequently discovered evidence or
subsequent inspections. It may nullify, in whole or part, any approval previously made to such
extent as may be necessary in its 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 Facilities Maintenance, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Facilities Maintenance.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Facilities Maintenance and Consultant have issued an Approval for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify Facilities Maintenance and Consultant. From the total of the
amount determined to be payable on a progress payment, ten percent (10%) of such total
amount will be deducted and retained by the Owner until the final payment is made. The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
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been determined by Facilities Maintenance to be a part of the final quantity for the item of Work
in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub -subcontractors in similar manner.
9.6.3 Facilities Maintenance will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Facilities Maintenance and Consultant on account of
portions of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Facilities Maintenance nor Consultant shall have an obligation to pay
or to see to the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Facilities Maintenance to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. 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.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Facilities
Maintenance shall jointly prepare and submit to the Consultant a comprehensive list of items to
be completed or corrected. The Contractor shall proceed promptly to complete and correct
items on the list. Failure to include an item on such list does not alter the responsibility of the
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Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Consultant, assisted by Facilities Maintenance, will make an inspection to determine
whether the Work or designated portion thereof is substantially complete. If the inspection
discloses any item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate
of Substantial Completion, complete or correct such item upon notification by the Consultant.
The Contractor shall then submit a request for another inspection by the Consultant, assisted by
Facilities Maintenance, to determine Substantial Completion. When the Work or designated
portion thereof is substantially complete, the Consultant will prepare a Certificate of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
which the Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to the
Owner and Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Facilities Maintenance and Consultant, the
Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9.9 Final Payment
9.9.1 Upon completion of the Work, the Contractor shall forward to Facilities Maintenance a
written notice that the Work is ready for final inspection and acceptance and shall also forward
to Facilities Maintenance a final Contractor's Application for Payment. Upon receipt, Facilities
Maintenance will forward the notice and Application to the Consultant who will promptly make
such inspection. When the Consultant, based on the recommendation of Facilities
Maintenance, finds the Work acceptable under the Contract Documents and the Contract fully
performed, Facilities Maintenance and Consultant will promptly issue a final Approval for
Payment stating that to the best of their knowledge, information and belief, and on the basis of
their observations and inspections, the Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in said final Approval is due and payable. Facilities Maintenance's and
Consultant's final Approval for Payment will constitute a further representation that conditions
listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.9.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Consultant through Facilities Maintenance (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final payment is made, is
currently in effect and will not be canceled or allowed to expire until at least 30 days' prior
written notice has been given to the Owner, (3) a written statement that the Contractor knows of
no substantial reason that the insurance will not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the
Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases
and waivers of liens, claims, security interests or encumbrances arising out of the Contract.
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9.9.3 Not Used.
9.9.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.10 Payment of Subcontractors
9.10.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Consultant, Facilities Maintenance 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
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who maybe affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
Personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Proposal Form which are made part of this
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Agreement. The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre -staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Facilities Maintenance, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Not applicable.
11.3 Public Construction Bond
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11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner as a guarantee for the faithful performance of the Contract (including
guarantee and maintenance provisions) and the payment of all obligations arising thereunder.
The Public Construction Bond shall be in an amount at least equal to the contract price. This
contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated
herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Facilities Maintenance's or Consultant's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either Facilities Maintenance or Consultant, be uncovered for their observation and
be replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Facilities Maintenance or Consultant
has not specifically requested to observe prior to its being covered, Facilities Maintenance or
Consultant may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs unless the condition was caused
by the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Facilities Maintenance or
Consultant or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for Facilities Maintenance's and
Consultant's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from
Facilities Maintenance, the Owner may remove it and store the salvable materials or equipment
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at the Contractor's expense. If the Contractor does not pay costs of such removal and storage
within ten days after written notice, the Owner may upon ten additional days' written notice sell
such materials and equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor,
including compensation for Facilities Maintenance's services and expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Contractor should have borne,
the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Facilities Maintenance (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 without the written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Facilities Maintenance.
13.3 Written Notice
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13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor: The Aledan Group, Inc.
Alexander Varela, President
13015 SW 89 h Place. Suite 165
Miami, FL 33176
For Owner: Director of Facilities Maintenance
1100 Simonton St., Room 2-216
Key West, Florida 33040
13.4 Rights and Remedies
Roman Gestesi. County Administrator
1100 Simonton St.
Key West Florida 33040
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Facilities Maintenance, Consultant or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Facilities
Maintenance and Consultant timely notice of when and where tests and inspections are to be
made so Facilities Maintenance may observe such procedures. The Owner shall bear costs of
test, inspections or approvals which do not become requirements until after bids are received or
negotiations concluded.
13.5.2 If Facilities Maintenance, Consultant, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, Facilities Maintenance will, upon written authorization
from the Owner, instruct the Contractor to make arrangements for such additional testing,
inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely
notice to Facilities Maintenance and Consultant of when and where tests and inspections are to
be made so Facilities Maintenance and Consultant may observe such procedures. The Owner
shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
4/L23/LUV23 General Conditions of the Contract for Construction 00750-29
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including those of repeated procedures and compensation for Facilities Maintenance's services
and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Facilities.
13.5.5 If Facilities Maintenance or Consultant is to observe tests, inspections or approvals
required by the Contract Documents, Facilities Maintenance or Consultant will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Facilities
Maintenance may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
3 finish the Work by whatever reasonable method the Owner may deem expedient
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.1.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for Facilities Maintenance's services and expenses made necessary thereby,
such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Contractor shall pay the difference to the Owner. The amounts to be paid to the Contractor or
Owner, as the case may be, shall, upon application be certified by the Owner after consultation
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with Facilities Maintenance, and this obligation for payment shall survive termination of the
Contract.
14.2 Suspension or Ternination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
4/Li5/"LUUti General Conditions of the Contract for Construction 00750-31
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SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
1.1 REGULATIONS AND POLICIES
A. Every Contractor and Subcontractor employed on the Project shall comply with
all applicable local, State, and Federal safety and health regulations and with
Monroe County safety and health policies as described herein.
1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS
A. It is recognized that it is good business and evidence of competent leadership to
prevent the occurrence of incidents that lead to occupational injuries or illnesses.
Safety and health requirements on this project include, but are not limited to, the
following:
1. In general, this accident prevention policy is based on a sincere desire to
eliminate personal injuries, occupational illnesses, and equipment and
property damage; and to protect the general public exposed to or
associated with the work.
2. The importance of the safety of all workers on the project shall be
recognized and accident prevention shall be an integral part of all
operations.
3. Each Contractor and Subcontractor shall conduct work in a safe and
practical manner in conformance with the OSHA Safety and Health
Regulations and the latest edition of the Manual of Accident Prevention,
Associated General Contractors of America.
4. Each Contractor and Subcontractor shall observe all applicable Federal,
State, local and project laws and regulations pertaining to safety and
health, pollution control, water supply, fire protection, sanitation facilities,
waste disposal and other related items.
5. The Mandatory Safety and Health Rules shall be posted in a conspicuous
location along with the OSHA and Emergency Phone Number posters.
6. A record of all occupational injuries and illnesses shall be maintained.
Medical and lost time cases shall be properly recorded on the OSHA log,
and reported to Monroe County. A copy of the insurance report for
workmen compensation cases shall be provided to Monroe County.
Each Contractor and Subcontractor shall provide or arrange for adequate
first aid facilities, emergency transportation and persons qualified in first
aid.
8. Each Contractor and Subcontractor shall cooperate fully with all other
contractors in their respective safety and health programs.
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9. Good housekeeping shall be observed at all times. Waste, debris, and
garbage shall be removed daily or placed in appropriate waste
containers. All materials, tools, and equipment shall be stored in a safe
and orderly fashion. Each contractor shall donate 10% of their staff to a
crew that will convene every Friday at 1:00 pm for a joint site clean-up
effort not to exceed a duration of three hours.
In summary, there will be a three-part clean-up plan. The first part
consists of the contractor cleaning up on a daily basis, his workstations,
and his trade work. The second part consists of the general clean-up, the
concerted effort by all trade contractors working on the project. A
minimum of one (1) crew is to be utilized by each contractor, or 10%,
whichever is more. The third part consists of the Owner cleaning up for a
particular trade contractor should adequate notice not compel him to
clean up his work. In this case, the appropriate contractors will be
backcharged.
10. This project shall be a Hard Hat job and all supervisors, employees and
visitors shall be required to wear a suitable hard hat while on the project
site.
11. Other appropriate personal protective equipment shall be provided and
worn as required including but not limited to long pants, shirts with
sleeves and appropriate leather work boots.
12. Temporary construction aids such as ladders, scaffolds, stairs, railings,
etc., shall be provided to facilitate access or working conditions in a
manner that shall conform to the safety standards specified by Federal,
State, Local or manufacturer's recommendations or stipulations.
13. Each Contractor and Subcontractor shall be expected to indoctrinate his
employees as to the safety and health requirements of this project and to
enforce adherence to safe work procedures.
14. If Monroe County notifies any Contractor of any noncompliance with the
provisions of this program, the Contractor shall make all reasonable
efforts to immediately correct the unsafe conditions or acts. Satisfactory
corrective action shall be taken within the specified time. If the Contractor
or Subcontractor refuses to correct unsafe or unhealthy conditions or
acts, Monroe County shall take one or more of the following steps:
a. Cease the operation or a portion thereof
b. Stop payment for the work being performed.
C. Correct the situation using other forces and back charge the
Contractor expenses incurred.
d. Increase withholding in proportional increments for that given pay
period.
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15. All Contractor's Superintendents shall be required to attend and
participate in all general project safety meetings. These meetings will be
included in the weekly coordination meetings as previously specified or
on an as needed basis.
16. All Contractors shall conduct Weekly Tool Box Safety Training Meetings,
and shall document the minutes. These forms are to be transmitted to
Monroe County on a weekly basis. All employees working at the project
site shall be required to attend and participate in the meetings.
17. Shortly after the award of the contract and prior to the beginning of work,
an Activity Hazard Analysis (phase plan) shall be prepared by the
contractor and submitted to Monroe County for approval. The analysis
will address the hazards for each activity to be performed in that phase
and will present the procedures and safeguards necessary to eliminate
the hazards or reduce the risk to an acceptable level. A phase is defined
as an operation involving a type of work presenting hazards not
experienced in previous operations or where a new subcontractor or work
crew is to perform work. The analysis will be discussed by the contractor
and Monroe County on -site representatives at the Preparatory Inspection
Meeting. Work will not proceed on that phase until the Activity Hazard
Analysis (phase plan) has been accepted by Monroe County.
18. No personal radios or stereos will be allowed on the job -site
1.3 FIRE PROTECTION
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the
Contractor to insure that general fire protection facilities are adequate for his
work and to provide additional fire protection facilities and devices, including fire
extinguishers as required by their scope of work.
1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
A. It shall be the Contractor's sole and exclusive responsibility (a) to provide
personnel capable of working adjacent to energized electrical lines or other
utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to
conduct all of his work in accordance with the safety rules and regulations
prescribed by the National Electric Code, National Electric Safety Code, H30,
and Safety Rules for Installation and Maintenance of Electrical Supply and
Communication Lines Hand Book 81, Occupational Safety and Health Act of
1970, as well as other safety codes in effect at the site of construction and as
specified elsewhere herein, or as are generally applicable to the type of work
being performed; and (d) to continuously supervise and inspect the work being
performed to assure that the requirements of (a), (b), and (c) above are complied
with, and nothing in these Contract Documents shall be held to mean that any
such responsibility is the obligation of the Owner or Facilities Maintenance.
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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 or Facilities
Maintenance.
END OF SECTION 00970
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SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.1 FACILITIES MAINTENANCE'S DUTIES AND RESPONSIBILITIES
A. The Facilities Maintenance's Representative 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 Owner. Any submittal that is
at variance to the contract requirements must be identified as such and
transmitted to Facilities Maintenance for submittal and approval by the Owner.
No work requiring submittal of a shop drawing, product data or sample shall
commence until the submittal has been reviewed and approved by Owner.
D. The Contractor will bear the responsibility of scheduling all required testing and
inspections by the designated material -testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities. Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this inspection will be filled out
on the appropriate form and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance with the respective
submittals, quality standards, contract drawings and specifications shall be
brought to the attention of Monroe County representative on site and then will be
identified and segregated from accepted items. Items thus identified will not be
incorporated into the work until corrective action acceptable to Facilities
Maintenance is completed. Items determined unsalvageable will be removed
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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
Facilities Maintenance utilizes a multi -point inspection plan for each separate
feature of work to be performed under this Contract, i.e., work described by each
division of the technical provision section of the contract specifications. This plan
consists of the following:
Preparatory Inspection —Prior to commencing the work, the Contractor's
Quality Control Representative will meet with Facilities Maintenance 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: Facilities Maintenance 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 Facilities Maintenance representative if he so desires to attend
and check the following items at a minimum for conformance:
(a) Workmanship to established quality standards.
(b) Configuration to contract drawings and specifications.
(c) Construction methods, equipment and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: Facilities Maintenance 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.
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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 Facilities Maintenance
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 1.4.6 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
Facilities Maintenance 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: Facilities Maintenance will record the minutes to this inspection meeting.
6. Pre -Final Inspection —Upon substantial completion of the project work
Facilities Maintenance shall coordinate and conduct a universal
inspection of all areas and elements of the work. The Consultant 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 Consultant. 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 Facilities Maintenance
Superintendent will coordinate and witness all such tests. Notification should be
given at least ten (10) days in advance of the scheduled tests.
4/26/2UU8 CONTRACTOR QUALITY CONTROL PLAN 00980-3
BAYSHORE MANOR
1.4
C. FINAL INSPECTION
Facilities Maintenance will coordinate and attend all final inspections of the work.
Prior to requesting a final inspection, all tests for the equipment and systems
must be completed.
See Section 01700 for contract closeout.
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.
0
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.
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 Facilities Maintenance.
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 Facilities Maintenance.
4/28/2008 CONTRACTOR QUALITY CONTROL PLAN 00980-4
BAYSHORE MANOR
1.5 AUDITS
A. Facilities Maintenance 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
4/28/2W6 CONTRACTOR QUALITY CONTROL PLAN 00980-5
BAYSHORE MANOR
SECTION 00990
SPECIAL CONDITIONS
Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
2. Contractor shall take all means necessary to contain dust and debris as an
integral part of the work.
3. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
4. Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
5. Contractor shall make such field visits or investigations as are necessary to
prepare an accurate and complete bid. Claims for extra work or expense after bid
closing which are due to reasonably foreseeable circumstances shall be denied
and shall remain the sole risk and expense of the Contractor. Field measured
dimensions shall be obtained by the Contractor prior to placing orders for
fabrications or prefabricated materials. Adjustments, delays, re -fabrications, or
replacement materials due to inaccurate information are the sole responsibility of
the Contractor.
END OF SECTION 00990
4/28/2008 SPECIAL CONDITIONS 01010-1
BAYSHORE MANOR
SECTION 01015
CONTRACTOR'S USE OF PREMISES
PART 1 —GENERAL
1.1 DESCRIPTION
A. Work included:
This Section applies to situations in which the Contractor or his
representatives including, but not necessarily limited to, suppliers,
subcontractors, employees, and field engineers, enter upon Owner's
property.
B. Related work:
Documents affecting work of this Section include, but are not limited to,
General Conditions, Supplementary Conditions, and Sections in Division
1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Promptly upon award of the Contract, notify all pertinent personnel regarding,
requirements of this Section.
B. Require all personnel who will enter upon the Owner's property certify their
awareness of and familiarity with requirements of this Section.
1.3 SUBMITTALS
A. Maintain an accurate record of names and identification of all persons entering
upon Owner's property in connection with Work of this Contract, including times
of entering and times of leaving, and submit a copy of the record to Owner daily.
1.4 TRANSPORTATION FACILITIES
A. Provide adequate protection for curbs and sidewalks over which trucks and
equipment pass to reach job site.
B. Contractor's vehicles:
Require Contractor's vehicles, vehicles belonging to employees of
Contractor, and all other vehicles entering upon Owner's property in
performance of Work of Contract, to use only the Access Route approved
in advance by Owner.
2. Do not permit such vehicles to park on any street or other area of Owner's
property except in the area approved by Owner as "Contractor's Parking
Area."
4/28/2008 CONTRACTOR'S USE OF PREMISES 01020-1
BAYSHORE MANOR
1.5 SECURITY
A. Restrict access of all persons entering upon the Owner's property in connection
with work to the Access Route and to actual site of the work.
END OF SECTION 01015
4/28/2008 CONTRACTOR'S USE OF PREMISES 01020-2
BAYSHORE MANOR
SECTION 01027
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for
Payment.
2. FORMAT
The Application for Payment including the Continuation Sheet, is the required format for
submitting invoices. A copy of these forms is included in this section. The Owner
reserves the right to modify the format to better suit his internal accounting system.
3. SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be Processed until the Contractor's
Construction Schedule, Schedule of Values, and the initial Submittal
Schedule have been received, reviewed and approved by Facilities
Maintenance.
B. Submit an updated Construction Schedule and Submittal Schedule with each
Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment
Act, Sec. 218.70 et seq. Florida Statutes.
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 twentieth (201h) day after submission of the pay request.
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 Consultant,
signed and notarized by the Contractor, be received by Facilities Maintenance no
later than Wednesday for you to receive payment by the second Friday following
submittal.
B. Owner to review as-builts as to current additions, corrections, etc., prior to
monthly approval to ensure as-builts are current.
5. FINAL PAY PROCEDURE
A. To help expedite your final payment, it is necessary for Facilities Maintenance to
have a correct and complete package of documents 20 days in advance of
requested pay date.
4/Zb/2uud APPLICATION FOR PAYMENT 01027-1
BAYSHORE MANOR
B. A minimum of ten (10) working days is required from receipt of correct
documents (signed by the Consultant) for Facilities Maintenance to obtain
necessary signatures and submit project for Final Pay. You need to have all
required forms and releases turned into Consultant on the job, with copies
submitted to Facilities Maintenance. The following documents (samples
attached) are needed to receive Final Pay on a project:
(1) CM Document Application and Certificate for Payment (2 originals)
(2) CM Document Continuation Sheet
(3) CM Document Change Orders
(4) AIA Document G-704 Certificate of Substantial Completion
(5) AIA Document G0706 Contractor's Affidavit of Debts and Claims
(6) AIA Document G-706A Contractor's Affidavit of Release of Liens
(7) AIA Document G-707 Consent or Surety to Final Pay
(8) Monroe County form Final Release of Lien
Also, all warranties and guarantees required by Contract. "As -Built" drawings
from job, including red -lined site plan, certification that all utility bills (i.e., electric,
local water) have been paid, and a complete list of subcontractors with
addresses and phone numbers.
C. It is your responsibility to ensure the completeness of the Final Pay
Package. Incompleteness will result in delay of Final Pay. Final Pay
Requests will not be processed until all the required documents are
received by Monroe County Facilities Maintenance. Final Pay Request
must be submitted no later than 30 days after final project completion and
acceptance.
6. SUBSTANTIATING DATA
/A
E-1
When the Owner's Representative requires substantiating information, submit
data justifying dollar amounts in question.
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.
4/28/2008 APPLICATION FOR PAYMENT 01027-2
BAYSHORE MANOR
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BAYSHORE MANOR
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4/28/2008
APPLICATION FOR PAYMENT 01027-4
BAYSHORE MANOR
MONROE COUNTY
ENGINEERING/FACILITIES MAINTENANCE
Contract Change Order
PROJECT TITLE:
CHANGE ORDER NO:
Total Previous Change Orders
Current Change Order
% of Original Contract Amount
% of Contract after Prior C/O's
Original Contract Amount
Revised Contract Amount
Change in contract time
Revised date of
Substantial Completion
Detailed description of change order and justification:
CONSULTANT:
CONTRACTOR:
FACILITIES MAINTENANCE:
COUNTY ENGINEER:
COUNTY ADMINISTRATOR:
Meridian Community Services Group, Inc. Date
Date
Larry Chalmers Date
David S. Koppel, P.E. Date
Roman
Date
'"ZOIZUUtf APPLICATION FOR PAYMENT 01027-5
BAYSHORE MANOR
CERTIFICATE OF
SUBSTANTIAL COMPLETION
CONSTRUCTION MANAGER - ADVISER EDITION
AIA D0C 5WLVTC7oa/CMa-ELEMON/CFORMAT
OWNER
❑
CONSTRUCTION MANAGER
ARCHITECT
CONTRACTOR
O
FIELD
1]
OTHER
I-1
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT IMAY BE MADE BY USING AIA
DD[l IMrNT Dbs.
PROJECT:
PROJECT NOS:
(Nan and addres)
CONTRACTFOR:
CONTRACT DATE:
TO OWNER:
TO CONTRACTOR:
(Naar and address)
(Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Construction Manager's and Architect's best knowledge,
information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the
Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established
as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
CONSTRUCTION MANAGER
ARCHITECT
DATE
DATE
The Contractor will complete or correct the Work on the list of items attached hereto within days from the above date of Substantial
Completion.
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time)
on (date).
OWNER
DATE
e resVm es o e Owner e Contractor or security, maintenance, , u es, damage o e or an msurance shall
be as follows:
/Nom-On ifAdConuurarSAyllzsdiasruammunrd hauddd=h,,Asdmvkwinsura jrwds tsAdmwrAgal
- CERTIFICATION OF SUBSTANTIAL COMPLETION - CONSTRUCTION MANAGER -ADVISER EDITION - 1992 EDITION - AIA® - WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. User
Document: g709cma.aia -- 214r2002. AIA License Number 1123291, which expires on 1/3V2003.
Electronic Format G704/CMa-1992
4/28/2008 APPLICATION FOR PAYMENT 01027-6
BAYSHORE MANOR
CONTRACTOR'S AFFIDAVIT OF
OWNER
p
PAYMENT OF DEBTS AND CLAIMS
ARCHITECT
AM DOCUMEAT006- EZECTRO)VJCPoRMAT
CONTRACTOR
SURETY
OTHER
O
CYIMPLE770N O!P MOtJ/T7G1T/ON, A(r77/FNT/CAT/O/✓ OT T9/S BLECTRgMGUlY DA4RW AM DOCUMENT AfAY BE MADE BY UVNG AU
TO OWNER:
ARCHITECT'S PROJECT NO.:
(Name and address)
PROJECT:
CONTRACT FOR:
(Name and address)
CONTRACT DATED:
COUNTY OF
The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been
satisfied for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above
for which the Owner or Owner's property might in any way be held responsible or encumbered.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR
(Nineandaddiexs)
I. Consent of Surety to Final Payment. Whenever Surety is
involved, Consent of Surety is required. AIA Document
G7o7, Consent of Surety, ma be used for this "Pose.
Indicate attachment: yes no BY:
The /bOoltskV su documents shoum he attached sgnarmr as /rpenneuee
haetoilrtyuimd yb the0wwr.-
1. Contractors Release or Waiver of Liens, conditional
upon receipt of final payment.
Mrs/ name b )
2. Separate Releases or Waivers of Liens from Subscribed and sworn to before me on this date:
Subcontractors and material and equipment suppliers, to
the extent required by the Owner, accompanied by a fist
thereof
3. Contractor's Affidavit of Release of Liens (AIA
Document G7o6A), Notary Public:
My Commission Expires:
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS - 1994 EDITION -AIA® - WARNING: Unlicensed photocopying violates U.S.
copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AIA and can be
reproduced In accordance with your license without violation until the date of expiration as noted below. User Document: g706mast.ala -- 2/4/2002.
AIA License Number 1123291, which expires on V3V2003.
Electronic Format =&1994
APPLICATION FOR PAYMENT 01027-7
BAYSHORE MANOR
CONTRACTOR'S AFFIDAVIT OF
OWNER
RELEASE OF LIENS
ARCHITECT
p
AM D0CUMENTG1-o&4-&EaROMC!ORAfAT
CONTRACTOR
SURETY
OTHER
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCt iMFNT Da
TO OWNER: ARCHITECT'S PROJECT NO.:
(Name and addrne)
PROJECT: CONTRACT FOR:
(Name and addr )
CONTRACT DATED:
STATE OP
COUNTY OF:
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the
Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and allperformers of Work, labor or services who have or may have hens or encumbrances or the right to assert liens or encumbrances against
any property of the Owner arising in any manner out of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED HERETO:
Contractor's Release or Waiver of Liens, conditional
upon receipt of final payment-
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment suppliers, to
the extent required by the Owner, accompanied by a list
thereof.
CONTRACTOR:
(A3masadaA6W)
BY:
(Alsaaou am rcpTrmtarAe
Pant name o'
Subscribed and swum to before me on this date:
Notary Public:
My Commission Expires:
CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS ARCHITECTS,1994 EDITION - AIAO - WARNING: Unlicensed photocopying violates V.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced In
accordance with your license without violation until the date of expiration as noted below. user Document: g706amst.ala -- 2/4120D2. AIA License
Number 1123291. which expires on VW2003.
Electronic Format G706A -1994
1
.'�vrcvuo APPLICATION FOR PAYMENT 01027-8
BAYSHORE MANOR
CONSENT OF SURETY
TO FINAL PAYMENT
ALA D O CUMEAT CJo7 - EL EG7RON/C PoRAL 1 T
OWNER
ARCHITECT
CONTRACTOR
O
SURETY
OTHER
0
CUA&VT AfAY M HAX BY USAVC AIA
TO OWNER: ARCHTECT'S PROJECT NO.:
(Name and aare")
PROJECT: CONTRACT FOR:
(Name and addmr)
CONTRACT DATED:
n accordance a provsnons o e ontrad tween a er a e omractor as m scat above, e
(Insert earn and addnra of Sunry)
on bond of
Oman new and addrm ofConuaaw)
,SURETY,
hereby approves of the final payment to the Contractor, and agrees that final CONTRACTOR,
any of its obligations to payment to the Contractor shag not relieve the Surety of
(Invert name and addren of Owner)
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:
(Invert in w ifIRS tht rmnth follmW by the m wk date and year.)
Attest:
(Seal)..
ammsn our npnxninhv
(hinted name We)
OWNER,
CONSENT OF SURETY TO FINAL PAYMENT • 1994 EDITION - ALAS �... "* wn�nmsn tsn, U.t. 2V00a•5I92. AIA 6000MERTTi78T
WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. User Document: 8707mast.ala — 214/2002. AIA License
Number 1123291, which expires on V3V2003.
Electronic format G707 - 1994
4/28/2008 APPLICATION FOR PAYMENT
01027-9
BAYSHORE MANOR
Instructions for AIA Document G707
Consent of Surety to Final Payment - 1994 Edition
Final printing requires 1 Document Unit
A. General Information
1. Purpose
This document is intended for use as a companion to AIA Document G706, Contractor's Affadavit of Payment
of Debts and Claims, on construction projects where the Contractor is required to furnish a bond. By obtaining
the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve
the Surety of any of its obligations, the Owner may preserve its rights under the bond.
2. Related Documents
This document may be used with most of the AIA's Owner -Contractor agreements and general conditions,
such as A201 and its related family of documents. As noted above, this is a companion document to AIA
Document G706.
3. Use of Current Documents
Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA
Documents List to determine the current edition of each document.
4. Reproductions
This document is a copyrighted work and may not be reproduced or excerpted from in substantial part without
the express written permission of the AIA. This document in its completed form (non -draft) is intended to be
used as a consumble-that is, the original document is intended to be consumed in the course of being used.
There is no implied permission to reproduce this document nor does membership in The American Institute of
Architects confer any further rights to reproduce it in whole or in part. A limited license is hereby granted to
subscribers of the AIA Contract Documents: Electronic Format for Windows"' to reproduce the completed
document, with or without signatures, but only for use in connection with a particular Project. Further
reproductions are prohibited without application by a specific user to and after receipt of written permission
from the AIA.
To ensure accuracy and uniformity of language, purchasers should use only an original AIA document
generated by the AIA Contract Documents: Electric Format for Windows software. Documents reproduced in
this program may be accompanied by AIA Document D401, Certification of Document's Authenticity. In
addition, all documents in the program contain the license number under which the document was reproduced.
B. Changes from the Previous Edition
Changes in the location of various items of information were made, without revision to the substance of the
document.
C. Completing the G707 Form
GENERAL: The bond form is the usual source of required information such as the contract date and the
names and addresses of the Surety, Owner, Contractor and Project.
ARCHITECT'S PROJECT NO.: This information is typically supplied by the Architect and entered on the form
by the Contractor.
CONTRACT FOR: This refers to the scope of the contract, such as "General Construction" or "Mechanical
Work".
D. Execution of the Document
The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative
141Z0/ZUUts APPLICATION FOR PAYMENT 01027-10
BAYSHORE MANOR
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS,
for and consideration of the sum
paid
by Monroe County, Florida receipt of which is hereby acknowledged, doles) hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien
rights, claims or demands of any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS day of
Witness
Witness
Notary Public
My commission expires:
Name of Company
Signature, Title
,20
4/28/2008 APPLICATION FOR PAYMENT 01027-11
BAYSHORE MANOR
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the
payment of the sum $ , to be paid to the undersigned, hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
amount of $ , as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the
undersigned for improvement to the subject property have been paid in full. Any and all
suppliers of labor, material or services for improvement to the subject property, who have not
been paid in full are listed below with the amount owing each, claimed by each and the reason
for non-payment: (If none, write "NONE")
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT
THAT all taxes imposed by all government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT the undersigned further certifies that if there is a Guarantee,
Agreement in connection with the labor and material furnished by
PARTIAL RELEASE shall not release the undersigned from an
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS day of
Witness
Witness
y
Warranty or Maintenance
it, that this payment and
obligations under such
Name of Company
Signature, Title
,20
4/28/2008 APPLICATION FOR PAYMENT 01027-12
SECTION 01030
ALTERNATES
PART 1 —GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for Alternates.
B. Definition: An alternate is an amount proposed by Bidders and stated on the Bid Form
for certain construction activities defined in the Bidding Requirements that may be added
to or deducted from Base Bid amount if the Owner decides to accept a corresponding
change in either the installation methods described in Contract Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary
to ensure that Work affected by each accepted Alternate is complete and fully integrated
into the project.
D. Notification: Immediately following the award of the Contract, prepare and distribute to
each party involved, notification of the status of each Alternate. Indicate whether
Alternates have been accepted, rejected or deferred for consideration at a later date.
Include a complete description of negotiated modifications to Alternates.
Include as part of each Alternate, miscellaneous devices, accessory objects and
similar items incidental to or required for a complete installation whether or not
mentioned as part of the Alternate.
END OF SECTION 01030
AL I ERNATES 01030-1
BAYSHORE MANOR
SECTION 01040
PROJECT COORDINATION
PART I — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and supervisory requirements of the
contractor necessary for Project coordination including, but not necessarily
limited to:
1. Coordination
2. Administrative and supervisory personnel
3. General installation provisions
4. Cleaning and protection
B. Field engineering is included in Section "Field Engineering".
C. Progress meetings, coordination meetings and pre -installation conferences are
included in Section "Project Meetings'.
D. Requirements for the Contractor's Construction Schedule are included in Section
"Submittals".
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation,
connection, and operation.
1. Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
4/Z8/Z008 PROJECT COORDINATION 01040-1
BAYSHORE MANOR
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules
2. Installation and removal of temporary facilities
3. Delivery and processing of submittals
4. Progress meetings
5. Project Close-out activities
D. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and
materials.
1. Salvage materials and equipment involved in performance of, but not
actually incorporated in, the Work. Refer to other sections for disposition
of salvaged materials that are designated as Owner's property.
1.4 SUBMITTALS
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off -site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1. Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section "Submittals".
4. Refer to Division-15 Section "Basic Mechanical Requirements", and
Division-16 Section "Basic Electrical Requirements" for specific
coordination Drawing requirements for mechanical and electrical
installations.
B. Staff Names: Within 15 days of Notice to Proceed, submit a list of the
Contractor's principal staff assignments, including the Superintendent and other
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1. Post copies of the list in the Project meeting room, the temporary field
office, and each temporary telephone.
PART 2 — PRODUCTS (Not Applicable)
4/28/2008 PROJECT COORDINATION 01040-2
BAYSHORE MANOR
PART 3 — EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
A. Inspection of Conditions: Require the Installer of each major component to
inspect both the substrate and conditions under which Work is to be performed.
Do not proceed until unsatisfactory conditions have been corrected in an
acceptable manner.
B. Manufacturer's Instructions: Comply with manufacturer's installation instructions
and recommendations, to the extent that those instructions and
recommendations are more explicit or stringent than requirements contained in
Contract Documents.
C. Inspect materials or equipment immediately upon delivery and again prior to
installation. Reject damaged and defective items.
D. Provide attachment and connection devices and methods necessary for security
Work. Secure Work true to line and level. Allow for expansion and building
movement.
E. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in
exposed Work to obtain the best visual effect. Refer questionable choices to the
Owner for final decision.
F. Recheck measurements and dimensions, before starting each installation.
G. Install each component during weather conditions and Project status that will
ensure the best possible results. Isolate each part of the completed construction
from incompatible material as necessary to prevent deterioration.
H. Coordinate temporary enclosures with required inspections and tests, to
minimize the necessity of uncovering completed construction for that purpose.
I. Mounting Heights: Where mounting heights are not indicated, install individual
components at standard mounting heights recognized within the industry for the
particular application indicated. Refer questionable mounting height decisions to
the Owner for final decision.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction, completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
1. Excessive static or dynamic loading
2. Excessive internal or external pressures
3. Excessively high or low temperatures
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4. Thermal shock
5. Excessively high or low humidity
6. Air contamination or pollution
7. Water
8. Solvents
9. Chemicals
10. Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soiling, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
23. Contract between incompatible materials
24. Destructive testing
25. Misalignment
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30. Vandalism.
END OF SECTION 01040
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SECTION 01045
CUTTING AND PATCHING
PART 1-GENERAL
1.1. RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements of the
Contractor for cutting and patching.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section: "Coordination" for procedures for coordination cutting
and patching with other construction activities.
2. Division 2 Section: "Selective Demolition" for demolition of selected
portions of the building for alterations.
3. Refer to other Sections for specific requirements and limitations
applicable to cutting and patching individual parts of the Work.
Requirements of this Section apply to mechanical and electrical
installations. Refer to Division 15 Sections for other requirements
and limitations applicable to cutting and patching mechanical and
electrical installations.
4. Describe anticipated results in terms of changes to existing construction.
Include changes to structural elements and operating components as well
as changes in the building's appearance and other significant visual
elements.
5. List products to be used and firms or entities that will perform Work.
6. Indicate dates when cutting and patching will performed.
7. Utilities: List utilities that cutting and patching procedures will distribute or
affect. List utilities that will be relocated and those that will be temporarily
out -of -service. Indicate how long service will be disrupted.
8. Where cutting and patching involves adding reinforcement to structural
elements, submit details and engineering calculations showing integration
of reinforcement with the original structure.
9. Approval by the Owner to proceed with cutting and patching does not
waive the Owner's right to later require complete removal and
replacement of unsatisfactory work.
1.3 NOT USED
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1.4 QUALITY ASSURANCE
A. Requirements for Structural Work: Do not cut and patch structural elements in a
manner that would change their load -carrying capacity or load -deflection ratio.
Obtain approval of the cutting and patching proposal before cutting and
patching the following structural elements:
a. Foundation construction.
b. Bearing and retaining walls.
C. Structural concrete.
d. Structural steel.
e. Lintels
f. Timber and primary wood framing.
g. Structural decking.
h. Stair systems
i. Miscellaneous structural metals.
B. Operational Limitations: Do not cut and patch operating elements or related
components in a manner that would result in reducing their capacity to perform
as intended. Do not cut and patch operating elements or related components in
a manner that would result in increased maintenance or decreased operational
life or safety.
Obtain approval of the cutting and patching proposal before cutting and
patching the following operating elements or safety related systems.
a. Fire protection systems.
b. Control systems.
C. Communication systems.
d. Electrical wiring systems.
C. Visual Requirements: Do not cut and patch construction exposed on the
exterior or in occupied spaces in a manner that would, in the Owner's opinion,
reduce the building's aesthetic qualities. Do not cut and patch construction in a
manner that would result in visual evidence of cutting and patching. Remove and
replace construction cut and patched in a visually unsatisfactory manner.
If possible retain the original Installer or fabricator to cut and patch the
exposed Work listed below. If it is impossible to engage the original
Installer or fabricator, engage another recognized experienced and
specialized firm.
a. Stonework and stone masonry.
b. Ornamental metal.
1.5 WARRANTY
A. Existing Warranties: Replace, patch, and repair material and surfaces cut or
damaged by methods and with materials in such a manner as not to void any
warranties required or existing.
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PART 2-PRODUCTS
2.1 MATERIALS, GENERAL
PART 3 - EXECUTION
3.1 INSPECTION
A. Examine surfaces to be cut and patched and conditions under which cutting and
patching is to be performed before cutting. If unsafe or unsatisfactory conditions
are encountered, take corrective action before proceeding.
1. Before proceeding, meet at the Project Site with parties involved in cutting
and patching, including mechanical and electrical trades. Review areas
of potential interference and conflict. Coordinate procedures and resolve
potential conflicts before proceeding.
3.2 PREPARATION
A. Temporary Support: Provide temporary support of work to be cut.
B. Protection: Protect existing construction during cutting and patching to prevent
damage. Provide protection from adverse weather conditions for portions of the
Project that might be exposed during cutting and patching operations.
C. Avoid interference with use of adjoining areas or interruption of free passage to
adjoining areas.
D. Avoid cutting existing pipe, conduit, or ductwork serving the building but
scheduled to be removed or relocated until provisions have been made to bypass
them.
3.3 PERFORMANCE
A. General: Employ skilled workmen to perform cutting and patching. Proceed with
cutting and patching at the earliest feasible time and complete without delay.
1. Cut existing construction to provide for installation of other components or
performance of other construction activities and the subsequent fitting
and patching required to restore surfaces to their original condition.
B. Cutting: Cut existing construction methods least likely to damage elements
retained or adjoining construction. Where possible, review proposed procedures
with the original Installer; comply with the original Installer's recommendations.
In general, where cutting, use hand or small power tools designed for
sawing or grinding, not hammering and chopping. Cut holes and slots as
UU I I ING AND PATCHING 01045-3
BAYSHORE MANOR
small as possible, neatly to size required, and with minimum disturbance
of adjacent surfaces. Temporarily cover openings when not in use.
2. To avoid marring existing finished surfaces, cut or drill from the exposed
or finished side into concealed surfaces.
3. Cut through concrete and masonry using a cutting machine, such as a
Carborundum saw or a diamond -core drill.
4. Comply with requirements of applicable Division 2 Sections where cutting
and patching requires excavating and backfilling.
5. Where services are required to be removed, relocated, or abandoned, by-
pass utility services, such as pipe or conduit, before cutting. Cut-off pipe
or conduit in walls or partitions to be removed. Cap, valve, or plug and
seal the remaining portion of pipe or conduit to prevent entrance of
moisture or other foreign matter after by-passing and cutting.
C. Patching: Patch with durable seams that are as invisible as possible. Comply
with specified tolerances.
1. Where feasible, inspect and test patched areas to demonstrate integrity of
the installation.
2. Restore exposed finishes of patched areas and extend finish restoration
into retained adjoining construction in a manner that will eliminate
evidence of patching and refinishing.
3. Where removing walls or partitions extends one finished area into area,
patch and repair floor.
3.4 CLEANING
A. Clean areas and spaces where cutting and patching are performed. Completely
remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping,
conduit, and similar features before applying paint or other finishing materials.
Restore damaged piping covering to its original condition.
END OF SECTION 01045
tiicoicvvo CUTTING AND PATCHING 01045-4
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SECTION 01050
FIELD ENGINEERING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements of
the Contractor for field -engineering services including, but not limited to, the
following:
1. Land survey work.
2. Civil -engineering services.
3. Damage surveys.
4. Geotechnical monitoring.
B. Related Sections: The following Sections contain requirements that related to
this Section:
1. Division 1 Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout' for submitting final property survey
with Project Record Documents and recording of Owner -accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Final Property Survey: Submit 10 copies of the final property survey.
C. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout'
Sections.
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land -surveying services.
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B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to lay out the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroy Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning sitework, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water -service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
4/'LYS/1UU8 FIELD ENGINEERING 01050-2
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2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1. Record deviations from required lines and levels, and advise the Owner
when deviations that exceed indicated or recognized tolerances are
detected. On Project Record Drawings, record deviations that are
accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field -engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and sitework.
C. Site Improvements: Locate and lay out site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and lay out batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines
and levels required for mechanical electrical work.
E. Existing Utilities: Furnish information necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
F. Final Property Survey: Prepare a final property survey showing significant
features (real property) for the Project. Include on the survey a certification,
signed by the surveyor, that principal metes, bounds, lines, and levels of the
Project are accurately positioned as shown on the survey.
1. Recording: At Substantial Completion, have a final property survey
recorded by or with local governing authorities as the official " property
survey".
END OF SECTION 01050
4/28/2008 FIELD ENGINEERING 01050-3
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SECTION 01200
PROJECT MEETINGS
PART 1-GENERAL
1. SUMMARY
A. Section includes:
1. Project meetings
2. OWNER'S RESPONSIBILITY
A. The Owner shall schedule and administer pre -construction meeting, periodic
progress meetings, and specially called meetings throughout progress of the
Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting 24 hours in advance of meeting date, or
provide as much advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
C. To Facilities Maintenance.
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 Consultant and the Owner's Representative shall attend meetings to
ascertain that the Work is expedited consistent with the Contract Documents and
construction schedules.
3. PRE -CONSTRUCTION MEETING
A. Location: A central site designated by Owner.
B. Attendance
1. Monroe County Facilities Maintenance or his designee.
2. The Consultant or his designated representative.
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
6. Others as appropriate.
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C. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
C. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first -aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
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 Facilities Maintenance,
typically it will be at the project site.
C. Attendance:
1. The Consultant or his designated representative.
2. Contractors as appropriate to the agenda.
3. Suppliers as appropriate to the agenda.
4. Owner's representative.
4. Others.
D. Suggested Agenda:
1. Distribute meeting minutes.
2. Approval of the minutes.
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3.
4.
5.
6.
7.
8.
15.
Review of Work progress since previous meeting.
Field observations, problems, conflicts, Requests for Information (RFI).
Problems which impede Construction Schedule.
Review of off -site fabrication, delivery schedules.
Corrective measures and procedures to regain projected schedule.
Revisions to Construction Schedule.
Progress, schedule, during succeeding Work period.
Coordination of schedules.
Review submittal schedules.
Maintenance of quality standards.
Pending changes, substitutions and Change Order Requests (COR).
Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
Other business.
E. Revisions to minutes:
Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
END OF SECTION 01200
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SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. The Contractor shall submit to the Owner, shop drawings, product data,
certifications and samples required by the technical sections.
2. The Contractor shall 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
Owner for review, modification and response. No payment applications will be
processed prior to finalizing the submittal schedule. The "Submittal
Schedule" shall contain the following information for all required submittals:
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., 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 Owner.
2. Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled delivery to job -site of material or
equipment or the submittal item.
4. Add any remarks or unique items that Facilities Maintenance should be
aware of.
C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by
Owner (in calendar days).
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D. The submittal master record will then be used to track submittals within the
process.
1.3 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to the Owner. Submit seven (7) copies of
product data to the Owner.
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 Owner. The Owner will check
and return two (2) copies to Facilities Maintenance and the balance to the
Contractor after review.
1.4 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 Facilities Maintenance. Construct mock-ups, including
adjacent work required, to demonstrate the final appearance of the Work.
C. The contractor shall submit (3) samples to the Owner, and (1) will be returned to
the contractor after review/return from the Owner and Facilities Maintenance.
1.5 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationary. Certifications shall be identified to this Project,
dated and bear Contractor's signature in the same format used for the
Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material and the
intended installation methods, where applicable, are in compliance with the
Contract Documents. Attach manufacturer's affidavits where applicable.
C. The Contractor shall submit one (1) original and (6) copies to the Owner. The
Owner will return two (2) sets to Facilities Maintenance and the balance to the
Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to the Owner, 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
Facilities Maintenance for review. Return submittals not meeting Contract
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requirements to subcontractors and do not forward such submittals to Facilities
Maintenance.
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 Facilities Maintenance in
writing of deviations in submittals from the requirements of the Contract
Documents.
E. After Facilities Maintenance's and the Owner'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
Facilities Maintenance's and the Owner's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by Facilities Maintenance's or the Owner's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by Facilities Maintenance's or the Owners
review of submittals unless the Owner gives written acceptance of specific
deviations.
1.8 THE OWNER'S RESPONSIBILITIES
A. The Owner will review submittals with reasonable promptness, checking only for
conformance with the design compliance of the Project and compliance with
information given in the Contract Documents.
B. The Owner will make changes or notations directly on the submittal, identify such
review with his review stamp, obtain and record the Owner file copy and return
the submittal to the Contractor, with copies to Facilities Maintenance.
C. The Owner will return to the Contractor, without review, all submittals not bearing
the Contractor's review stamp or not showing it has been reviewed by the
Contractor.
END OF SECTION 01301
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SECTION 01310
PROGRESS SCHEDULES
PART 1-GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor submission of Progress schedules
2. Contractor submission of Revisions to schedules
B. Related sections:
1. Scope of work.
C. Description:
1. Progress Schedules: promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to Facilities
Maintenance for approval, construction progress schedules for the work,
with sub -schedules of related activities which are essential to its progress.
Also incorporate manpower loading related to each activity on the
construction schedule.
2. Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
1.2 FORMAT
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Consultant and Facilities Maintenance.
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub -schedules to define critical portions of the entire schedule.
D. Submit separate schedule of submittal dates for shop drawings, product data,
and samples, including the Owner furnished products and products identified
under allowances and dates reviewed submittals will be required from the Owner.
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.
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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 Owner will review schedules and return approved copy.
2. Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon the Consultant nor Facilities Maintenance to notify the
Contractor when to begin, to cease, or to resume work nor to give early notice of
faulty or defective work, nor in any way to superintend so as to relieve the
Contractor of responsibility or of any consequence of neglect or carelessness.
END OF SECTION 01310
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SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Contractor submission of Schedule of Values.
1. The Schedule of Values allocated to the various portions of the Work
shall be submitted to Facilities Maintenance and the Consultant within
three (3) days after Notice to Proceed.
2. Upon request of Facilities Maintenance or the Consultant, 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 AIA G703 Form; the Contractor's standard forms and
automated printout will be considered by Facilities Maintenance upon the
Contractor's request. Identify schedule with:
1. Title of Project and location.
2. The Consultant and Facilities Maintenance.
3. Name and Address of the Contractor.
4. Contract designation.
5. Date of submission.
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. Clean-up.
4. Submittals.
5. Safety.
For each major line item list sub -values of major products or operations under the
item.
F. For the various portions of the Work:
4/28/2008 SCHEDULE OF VALUES 01370-1
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1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. For items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
C. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub -schedule for each separate stage of work specified in
Section 00300.
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Facilities Maintenance and Consultant, revise and resubmit
schedule (Schedule of Values) as required.
B. Resubmit revised schedule in same manner.
END OF SECTION 01370
4/28/2008 SCHEDULE OF VALUES 01370-2
SECTION 01395
REQUEST FOR INFORMATION (RFI)
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Notification of Consultant and Facilities Maintenance in the event errors,
field conflicts, and omissions are found in the Contract Documents, or
clarifications are necessary.
2. Utilization of (RFI) form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
3. General Conditions Article 12.3
1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of the Consultant and Facilities Maintenance
immediately. If clarifications are necessary, the request is to be conveyed to
Facilities Maintenance. The Consultant will respond to the Contractor with a copy
to Facilities Maintenance. The RFI is a tool established to provide expedient
clarifications of contract drawings, specifications or field conflicts. It is not meant
to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work. Reference General
Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions),
when formal correspondence is required for formal notification of time
extensions, and for cost change notifications.
C. The responses provided on the RFI form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraph 12.4 of the Contract General Conditions. Should the Contractor
consider the RFI response requires extra work, notification in accordance with
Paragraph 12.3.1 of the Supplementary General Conditions is required.
1.3 UTILIZATION OF RFI FORM
A. The RFI form to be utilized is included at the end of this section, if you wish to
use a form of your own, it must contain the same information requested on our
form.
4/28/2008 REQUEST FOR INFORMATION 01395-1
REQUEST FOR INFORMATION (RFI)
DATE
RFI
PROJECT
FROM
CONTRACTOR
ADDRESS
PHONE FAX CELL
TO
ARCHITECT
ADDRESS
PHONE FAX CELL
DESCRIPTION
CONTRACTOR RECOMMENDATION
COSTIMPACT
NAME DATE
END OF SECTION 01395
4/28/2008 REQUEST FOR INFORMATION 01395-2
BAYSHORE MANOR
SECTION 01400
QUALITY CONTROL
PART1-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services.
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Owner.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products.
1. Specific quality control requirements for individual construction activities
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The following Sections contain require that related to this
Section:
Division 1 Section "Cutting and Patching" specifies requirements for
repair and restoration of construction disturbed by inspection and testing
activities.
Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
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1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of
another identified entity, Contractor shall provide inspections, tests, and other
quality -control services specified elsewhere in the Contract and required by
authorities having jurisdiction. Costs for these services are included in the
Contract Sum.
Where individual Sections specifically indicate that certain inspections,
tests, and other quality -control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing
agency to perform quality -control services. Costs for these services are
included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of he Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re -testing: The Contractor is responsible for re -testing where results of
inspections, tests, or other quality -control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
The cost of re -testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provided reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections
and tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Consultant and the Contractor in
4/28/2008 QUALITY CONTROL 01400-2
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performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify the Consultant and the Contractor promptly of
irregularities or deficiencies observed in the Work during performance of
its services.
2. The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion
of the Work.
3. The agency shall not perform any duties of the Contractor.
1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,
test, or similar service to the Consultant. If the Contractor is responsible for the
service, submit a certified written report, in duplicate, of each inspection, test, or
similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing
authority, when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
C. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
i. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
I. Name and signature of laboratory inspector.
M. Recommendation on re -testing.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre -qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar
services, repair damaged construction and restore substrates and finishes.
Comply with Contract Document requirements for Division 1 Section "Cutting and
Patching".
B. Protect construction exposed by or for quality -control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment
of responsibility for inspection, testing, or similar services.
END OF SECTION 01400
4/28/2008 QUALITY CONTROL 01400-4
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SECTION 01410
TESTING LABORATORY SERVICES
PART 1-GENERAL
1.1 SUMMARY
A. Section Includes:
1. Selection and payment
2. The Contractor submittals
3. Testing laboratory responsibilities
4. Testing laboratory reports
5. Limits on testing laboratory authority
6. The Contractor responsibilities
7. Schedule of inspections and tests
B. Section Includes:
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Section 01800 - SOIL BORING DATA
4. Individual Specification Sections: inspections and tests required, and
standards for testing.
1.2 SELECTION AND PAYMENT
A. The Contractor will employ and pay for services of an independent testing
laboratory to perform specified inspection and testing indicated in technical
Specification Sections.
B. Employment of testing laboratory shall in no way relieve the Contractor of
obligation to perform the Work in accordance with requirements of the Contract
Documents.
1.3 QUALITY ASSURANCE
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.
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1.4
1.5
1.6
1.7
TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with the Facilities
Maintenance 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 acilities Development and the Contractor of observed
irregularities or non-conformance of the Work or products.
F. Perform additional inspections and tests required by Facilities Maintenance.
TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to Facilities Maintenance and Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of test
10. Conformance with the Contract Documents
C. When requested by Facilities Maintenance, provide interpretation of test results.
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.
THE CONTRACTOR RESPONSIBILITIES
.icoicuua TESTING LABORATORY SERVICES 01410-2
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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 Facilities Maintenance and the testing laboratory 24 hours prior to
expected time for operations requiring inspection and testing services.
E. Employ services of a separate qualified testing laboratory and pay for additional
samples and tests which are beyond the specified requirements.
1.8 RETEST RESPONSIBILITY
A. Where the results of required inspections, tests, or similar services prove
unsatisfactory and do not indicate compliance with the requirements of the
Contract Documents, the cost for any re -tests shall be the responsibility of the
Contractor.
END OF SECTION 01410
4/28/2008 TESTING LABORATORY SERVICES 01410-3
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SECTION 01421
REFERENCE STANDARDS AND DEFINITIONS
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. General provisions of Contract, including General and Supplementary Conditions
and other Division 1 Specifications Sections, apply to this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the conditions of this
Contract.
B. Indicated: The term "indicated" refers to graphic representations, notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
terms such as "shown", "noted", "scheduled", and "specified" are used, it is to
help the reader locate the reference; no limitation on location is intended.
C. Directed: Terms such as "directed", "requested", "authorized", "selected",
approved", "required", and "permitted" mean "directed by the Owner", "requested
by the Owner", and similar phrases.
D. Approve: The term "approved", where used in conjunction with the Owner's
action on the Contractor's submittals, applications, and requests, is limited to the
Owner's duties and responsibilities as stated in the Conditions of the Contract.
E. Regulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations."
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended use."
I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
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1. The term "experienced", when used with the term "Installer", means
having a minimum of five previous projects similar in size and scope to
this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and may or may not be identical with the description of the land on
which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTERFORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intendedmeaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
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a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
B. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with two or more standards is
specified, and the standards may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different,
but apparently equal, and uncertainties to the Owner for a decision before
proceeding.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to the Owner for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries.
F. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. The following abbreviations and
acronyms, as referenced in the Contract Documents, mean the associated
names. Names and addresses are subject to change and are believed, but are
not assured, to be accurate and up-to-date as of the date of the Contract
Documents.
Aluminum Association
Associated Air Balance Council
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AAMA
American Architectural Manufacturers
AAN
American Association of Nurseymen
(See ANLA)
AASHTO
American Association of State Highway and Transportation Officials
ACI
American Concrete Institute
ACPA
America Concrete Pipe Association
AHA
American Hardboard Association
Al
Asphalt Institute
AIA
The American Institute of Architects
AISC
American Institute of Steel Construction
AITC
American Institute of Timber Construction
ALA
American Laminators Association
ALSC
American Lumber Standards Committee
AMCA
Air Movement and Control Association International, Inc.
ANLA
American Nursery and Landscape Association
ANSI
American National Standards Institute
APA
APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA
Architectural Precast Association
ARMA
Asphalt Roofing Manufacturers Association
ASA
Acoustical Society of America
ASC
Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
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AWI Architectural Woodworklnstitute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
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RFCI
Resilient Floor Covering Institute
SDI
Steel Door Institute
SGCC
Safety Glazing Certification Council
SIGMA
Sealed Insulating Glass Manufacturing Association
SMACNA
Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPIB
Southern Pine Inspection Bureau
SPRI
SPRI (Formerly: Single Ply Roofing Institute)
SWRI
Sealant, Waterproofing and Restoration Institute
TCA
Tile Council of America
UL
Underwriters Laboratories, Inc.
WCLIB
West Coast Lumber Inspection
WIC
Woodwork Institute of California
WWPA
Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government standards -or
specification -producing agencies are often abbreviated. The following abbreviations and
acronyms referenced in the Contract Documents indicate names of standards -or
specification -producing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to be accurate and up-to-
date as of the date of the Contract Documents.
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
END OF SECTION 01421
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SECTION 01500
TEMPORARY FACILITIES
PART 1-GENERAL
1.1 DESCRIPTION
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as heat, water, electricity, and telephone.
2. Field office for the Contractor's personnel.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public safety.
6. Project sign.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. Permanent installation and hookup of the various utility lines described in
other Sections.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 — PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1. Provide mobile home on site for afield office adequate in size and
accommodation for Contractor's offices, supply, and storage.
2. Within the Contractor's facilities, provide space adequate for holding
project meetings.
B. Sanitary facilities:
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
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2.2 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins
canopies, warning signs, steps, platforms, bridges, and other temporary
construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations.
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence of design
and type needed to prevent entry onto the Work by the public.
2.4 PROJECT SIGNS
A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood.
Securely fasten the sign to the building or posts set in the ground as approved by
Facilities Maintenance. A design provided by, or approved by the Consultant will
include, but not necessarily be limited to: the project name; the Owner's name;
major tenants names; the Contractor's name, address, and telephone number,
and the Consultant's name, address, and telephone number.
PART 3 — EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
B. Remove such temporary facilities, to include existing mobile home, and controls
as rapidly as progress of the Work will permit, or as directed by the Owner.
END OF SECTION 01500
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SECTION 01510
TEMPORARY UTILITIES
PART 1-GENERAL
1.1 SUMMARY
A. Section includes:
1. Temporary utilities required for construction.
PART 2-PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials shall be new, adequate in capacity for the required usage, not create
unsafe conditions, not violate requirements of applicable codes and standards,
and comply with NEC Art. 305 - Temporary Wiring.
2.2 TEMPORARY ELECTRICITY
A. The Contractor shall furnish, install and maintain, temporary electric power
service for construction needs throughout the construction period and shall
remove such service on completion of the work.
1. Power centers for miscellaneous tools and equipment used in the Work
will be provided by the Contractor as follows:
a. Distribution boxes with minimum of four (4) double -duplex 15
Amp, 120-Volt grounded outlets, with GFCI Protection for
personnel.
b. Located so that power is available at any point of use with not
more than 100 ft. power cords.
C. Circuit -breaker protection for each outlet.
2. The Contractor shall furnish, install, and maintain all equipment and
wiring required to distribute the power, up to and including the power
services.
3. The Contractor shall pay all costs of installation, maintenance, and
removal of temporary services.
4. Materials shall be new, and must be adequate in capacity for required
usage,, and must not violate the requirements of applicable codes and
standards. Materials used for temporary service shall not be reused in
the permanent system.
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.
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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 Facilities
Maintenance.
7. Feeders and Branch Circuits shall be protected from physical damage.
2.3 TEMPORARY TELEPHONE SERVICE
A. The Contractor shall be responsible for arranging with the local telephone service
company to provide telephone service at the construction site. The Contractor
shall pay all costs for installation, maintenance, removal and service charges for
such service.
2.4 TEMPORARY LIGHTING
A. The Contractor shall furnish, install and maintain temporary lighting for
construction needs throughout the construction period and shall remove such
temporary lighting on completion of the Work.
1. Temporary artificial lighting shall be provided in enclosed Work areas and
all other work areas when natural lighting does not meet minimum
requirements. Temporary artificial lighting in Work areas shall produce
uniform illumination of 20-foot candles.
2.5 TEMPORARY WATER
A. The Contractor will arrange and pay utility service company, to provide water for
construction purposes. In addition, the Contractor is responsible for providing
potable drinking water for his personnel and subcontractors, as well as suitable
containers, ice and salt tablets in sufficient quantity to meet the needs of his labor
force. All charges, costs, fees and deposits required by the Utility Company for
the permanent or temporary water meter, tap and piping material and installation
shall be the responsibility of the Contractor and included in the base bid price.
2.6 TEMPORARY HEATING, COOLING AND VENTILATING
A. The Contractor shall be responsible for providing, and operating and maintaining
temporary heating, cooling and ventilating, as required, to maintain adequate
environmental conditions to facilitate the progress of his Work; to meet minimum
condition for the installation of materials; and to protect materials and finishes
from damage due to temperature or humidity. The Contractor, subject to the
approval and direction of Facilities Maintenance, 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.
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4. Pay all costs of providing, operating, maintaining, and removing such
temporary heating, cooling, and ventilating equipment as may be
required.
The foregoing obligations of the Contractor are in addition to his obligations
under Article 10 of the General Conditions.
2.7 TEMPORARY SANITARY FACILITIES
A. The Contractor will provide sanitary facilities in compliance with laws and
regulations.
B. The Contractor will service, clean and maintain facilities and enclosures.
2.8 TEMPORARY FIRE PROTECTION
The Contractor shall furnish, install and maintain temporary fire protection
equipment, materials, supplies and service within the buildings throughout the
construction period in accordance with the requirements of all applicable codes
and standards. Each floor shall have a temporary fire protection system.
2.9 REMOVAL
A. Completely remove temporary materials and equipment when their use is no
longer required.
B. Clean and repair damage caused by temporary installations or use of temporary
facilities.
C. Restore permanent facilities used for temporary services to specified condition.
1. Prior to final painting, the Contractor shall remove temporary lamps and
install new lamps.
2. Prior to final inspection, the Contractor shall replace filters and worn or
consumed parts of mechanical equipment.
END OF SECTION 01510
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SECTION 01520
CONSTRUCTION AIDS
PART 1-GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State and local codes and regulations.
PART 2-PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
1. The Contractor shall comply with all Federal, State and local codes, laws
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or Facilities
Maintenance 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 Facilities Maintenance has
approved and authorized such use. The Contractor shall clean up and
shall repair any damage caused by the installation or by the use of such
temporary construction aids. The Contractor shall restore any permanent
facilities used for temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
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2.3 TEMPORARY ENCLOSURES
A. The Contractor shall be 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 Facilities
Maintenance.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
3. Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for insuring that his work,
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shall
provide, maintain and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
END OF SECTION 01520
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SECTION 01550
ACCESS ROADS AND PARKING AREAS
A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back -fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
END OF SECTION 01550
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SECTION 01560
TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SUMMARY OF WORK BY THE CONTRACTOR
A. Section Includes:
1. Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. Contractor shall grade site to drain.
B. Protect site from puddling or running water. Provide water barriers to protect site
from soil erosion. Maintain excavations free of water. Provide, operate, and
maintain pumping equipment.
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations.
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere.
1.4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts
and fills, from borrow and waste disposal areas. Prevent erosion and
sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to prevent water
flow.
D. Construct fill and waste areas by selective placement to avoid erosive surface
silts or clays.
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E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly
apply corrective measures.
1.5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge of noxious, toxic substances, and pollutants
produced by construction operations.
END OF SECTION 01560
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SECTION 01590
FIELD OFFICES AND SHEDS
A. The Contractor furnish, install, maintain a temporary field office for his use, the
use of his employees, and the use of Facilities Maintenance during the
construction period. The location of the Field Office shal be determined by
Facilities Maintenance.
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 Facilities Maintenance. The type, size and location of field offices and sheds
is subject to approval by Facilities Maintenance.
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 Facilities
Maintenance, at no additional cost to the Owner or Facilities Maintenance.
The Contractor shall remove his field office and sheds on completion of the Work
or when directed by Facilities Maintenance. The Contractor shall remove all
debris and rubbish and shall place the area in a clean and orderly condition.
END OF SECTION 01590
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SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY CONTRACTOR
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.
PART2-PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on -site containers for the collection of waste materials, debris, and
rubbish.
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C. Dispose of waste materials, debris and rubbish off site at a state permitted
disposal site.
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by Facilities Maintenance. 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
Facilities Maintenance.
END OF SECTION 01595
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SECTION 01600
MATERIAL AND EQUIPMENT
PART 1-GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Products
2. Transportation and handling
3. Storage and protection
4. Security
1.2 PRODUCTS
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Does not include machinery and equipment
used for preparation, fabrication, conveying and erection of the Work. Products
may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
1.3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings.
B. Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
1.4 STORAGE AND PROTECTION
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
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site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date. The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
END OF SECTION 01600
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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, from the successful
Bidder, will be considered only in the case of:
1. Product unavailability.
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1)
Product description.
2)
Reference standards.
3)
Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
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.
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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 Facilities Maintenance 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 Owner.
Owner will determine acceptability of proposed substitutions.
G. No verbal or written approvals other than by Change Order will be valid.
1.3 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution the Contractor represents that:
1. The proposed product has been investigated and it has been determined
that it is equivalent to or superior in all respects to the product specified.
2. The same warranties or bonds will be provided for the substitute product
as for the product specified.
3. Coordination and installation of the accepted substitution into the Work
will be accomplished and changes as may be required for the Work to be
complete will be accomplished.
4. Claims for additional costs caused by substitution which may
subsequently become apparent will be waived by the Contractor.
5. Complete cost data is attached and includes related costs under the
Contract, but not:
a. Costs under separate contracts.
b. Architect's costs for redesign or revision of Contract Documents.
1.4 POST -BID SUBSTITUTION FORM
A. The form is attached to this section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
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TO: Project Owner
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
Proposed Substitution:
PARAGRAPH SPECIFIED ITEM
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
Firm
Address
Telephone
ritle
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 Consultant:
Recommended
Not Recommended
Recommended as noted
Insufficient data received
0
Date:
Received too late
For use by the Owner:
Approved
im
Date:
Not Approved
Approved as noted
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Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E.
Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant
variations:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
END OF DOCUMENT 01630
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SECTION 01640
PRODUCT HANDLING
PART I --GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections
in Division of these Technical Special Provisions.
2. Additional procedures also may be prescribed in other Sections of these
Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as
are required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Owner, determine and comply with
manufacturers' recommendations on product handling, storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with
labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact until
time of use.
2. Promptly remove damaged material and unsuitable items from the job
site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. Facilities Maintenance may reject as non -complying such material and products
that do not bear identification satisfactory to Facilities Maintenance as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are handled.
B. Provide protection for finished floor surfaces in traffic area prior to allowing
equipment or materials to be moved over such surfaces.
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C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted
by the Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of
the Owner and at no additional cost to the Owner.
B. Additional time required to secure replacements and to make repairs will not be
considered by the Owner to justify and extension in Contract Time of Completion.
END OF SECTION 01640
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SECTION 01650
STARTING OF SYSTEMS
1.1 SUMMARY: THE CONTRACTOR SHALL BE RESPONSIBLE FOR:
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 Consultant and Facilities Maintenance seven (7) days prior to start-up
of each item.
C. Verify that each piece of equipment or system has been checked for proper
lubrication, drive rotation, belt tension, control sequence, or other conditions
which may cause damage.
D. Verify that tests, meter readings, and specified electrical characteristics agree
with those required by the equipment or system manufacturer.
E. Verify wiring and support components for equipment are complete and tested.
F. Execute start-up under supervision of responsible manufacturer's representative
in accordance with manufacturer's instructions.
G. Execute start-up under supervision of the responsible Contractor's personnel in
accordance with manufacturer's instructions.
H. When specified in individual Specification Sections, require manufacturer to
provide authorized representative to be present at the Site to inspect, check and
approve equipment or system installation prior to start-up, and to supervise
placing equipment or system in operation.
I. Submit a certified written report to Facilities Maintenance that equipment or
system has been properly installed and is functioning correctly.
END OF SECTION 01650
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SECTION 01670
SYSTEMS DEMONSTRATIONS
PART 1 - GENERAL
1.1 SUMMARY: THE CONTRACTOR SHALL BE RESPONSIBLE FOR:
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 Facilities Maintenance seven (7) days in advance of time established for
Owner training.
B. Two weeks prior to date of final inspection, instruct the Owner's designated
personnel in operation, adjustment, and maintenance of products, equipment,
and systems, at agreed upon times. Demonstrate start-up, operation, control,
adjustment, maintenance, servicing, trouble -shooting and shutdown of each item
of equipment at agreed -upon times, at designated location.
C. The Owner, at it's option, may require videotape of any training session,
equipment start-up or other instructional requirement.
D. For equipment requiring seasonal operation, perform instructions for other
seasons within six (6) months.
E. Use operation and maintenance manuals as basis for instruction. Review
contents of manual with personnel in detail to explain all aspects of operation and
maintenance.
F. Prepare and insert additional data in Operation and Maintenance Manual when
need for such data becomes apparent during instruction.
1.4 SUBMITTALS
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A. Submit preliminary schedule for the Owner's approval, listing times and date for
demonstration of each item of equipment and each system, two (2) weeks prior
to proposed dates.
B. Provide operating and maintenance manuals to owner four (4) weeks prior to
demonstrations.
C. Submit reports within one week after completion of demonstrations, that
demonstrations and instructions have been satisfactorily completed. Give time
and date of each demonstration, and hours devoted to demonstration, with a list
of persons present.
PART 2 - EXECUTION
3.1 PREPARATION
A. Verify equipment has been inspected and put into operation; testing, adjusting,
and balancing has been performed; and equipment and systems are fully
operational.
B. Have copies of completed operation and maintenance manuals at hand for use in
demonstrations and instructions.
3.2 TIME ALLOCATED FOR INSTRUCTIONS
A. The amount of time required for instruction on each item of equipment and
system is specified in individual Sections.
END OF SECTION 01670
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SECTION 01700
CONTRACT CLOSEOUT
PART 1 —GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have
successfully produced, in this order, these three terminal activities:
1. Substantial Completion
2. Final Completion
3. Final Payment
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Submit to the Consultant and Facilities Maintenance 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:
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.
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3. The Owner will re -observe the Work.
D. When the Owner concurs that the Work is substantially complete, the following
will occur:
1. The Owner will prepare a Certificate of Substantial Completion on AIA
Form G704, accompanied by the Punch List of items to be completed or
corrected, as verified and amended by the Owner and Facilities
Maintenance. Contract responsibilities are not altered by inclusion or
omission of required Work from the punch list.
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the certificate.
E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities pertaining to
substantial completion, complete Work on punch list items and submit written
request to the Owner for final inspection within thirty (30) calendar days of date of
substantial completion.
B. When the Work is complete, the Contractor shall submit written certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract Documents.
3. Work has been completed in accordance with the Contract Documents.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status of
completion with reasonable promptness after receipt of such certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner that the
Work is complete.
3. The Owner will re -inspect the Work.
E. When the Work is acceptable under the Contract Documents as determined by
the Owner, the Owner will request the Contractor to make close-out submittals.
Warranties & Guarantees for everything will begin at Substantial Completion.
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:� ■ri: 1/�►�C
1.4
1.5
out
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).
FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Allowances
C. Deductions for uncorrected Work
d. Deductions for Liquidated Damages
e. Deductions for Re -inspection Payments
f. Other Adjustments
C. The Owner will prepare a final Change Order, reflecting adjustments to the
Contract Sum which were not previously made by Change Orders.
FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in accordance with
procedures and requirements stated in the Conditions of the Contract.
END OF SECTION 01700
4/28/2008 CONTRACT CLOSEOUT 01700-3
BAYSHORE MANOR
SECTION 01710
FINAL CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor's cleaning at completion of Work
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti -pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2-PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and
other foreign materials from sight -exposed interior and exterior surfaces.
C. Wash and shine glazing and mirrors.
D. Polish glossy surfaces to a clear shine.
4/28/2008 FINAL CLEANING 01710-1
BAYSHORE MANOR
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.
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
4/18/2008 FINAL CLEANING 01710-2
BAYSHORE MANOR
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Contractor shall:
1
1.2 GENERAL
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
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 Facilities Maintenance and the
Owner.
E. Failure to maintain documents up-to-date will be cause for withholding payments.
F. Obtain from Facilities Maintenance (at no charge) two sets of the Contract
Documents for Project Record Documents including:
1. Specifications with all addenda.
2. Two complete sets of black -line prints of all Drawings.
1.3 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
4/28/2008 PROJECT RECORD DOCUMENTS 01720-1
BAYSHORE MANOR
D. Contract Drawings:
1. Required information may, as an option, be entered on a "working set"
and then at completion of Project transfer the information to final
submitted "Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to survey
data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface improvements.
C. Location of internal utilities and appurtenances concealed in
construction referenced to visible and accessible features of
structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
C. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items are in
most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1" on the centerline of items shown
schematically.
b. Identify each item, for example, "cast iron drain" "galvanized
water".
C. Identify location of each item, for example, "under slab", "in ceiling
plenum", "exposed".
3. Facilities Maintenance 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
Facilities Maintenance in writing.
4/Zd/Zuud PROJECT RECORD DOCUMENTS 01720-2
BAYSHORE MANOR
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to Facilities
Maintenance prior to request for final payment.
B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date
2. Project title and Consultant'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
4/28/2008 PROJECT RECORD DOCUMENTS 01720-3
BAYSHORE MANOR
SECTION 01730
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND
MAINTENANCE DATA:
A. Section includes:
1. Format and content of manuals
2. Schedule of submittals
B. Related sections:
1. SECTION 01301 - SUBMITTALS
2. SECTION 01700 - CONTRACT CLOSEOUT
3. Individual Specifications Sections: specific requirements for operation
and maintenance data.
1.2 QUALITY ASSURANCE
A. Prepare instructions and data by personnel experienced in maintenance and
operation of described products.
1.3 FORMAT
A. Prepare data in the form of an instructional manual
B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback,
cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are
used, correlate data into related consistent groupings.
C. Cover: identify each binder with typed or printed title OPERATION AND
MAINTENANCE INSTRUCTIONS; list title of the Project and separate building;
identify subject matter of contents.
D. Arrange content by systems under Section numbers and sequence of Table of
Contents of these Specifications.
E. Provide tabbed fly leaf for each separate product and system, with typed
description of product and major component parts of equipment.
F. Text: manufacturer's printed data, or typewritten data on 20 pound paper.
G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold
larger drawings to size of text pages.
4/26/2008 OPERATION AND MAINTENANCE DATA 01730-1
BAYSHORE MANOR
1.4 CONTENTS, EACH VOLUME
A. Table of Contents: provide title of the Project; names, addresses, and telephone
numbers of Facilities Maintenance, consultants, and the Contractor with name of
responsible parties; schedule of products and systems, indexed to content of the
volume.
B. For each product or system: list names, addresses and telephone numbers of
subcontractors and suppliers, including local source of supplies and replacement
parts.
C. Product data: mark each sheet to clearly identify specific products and
component parts, and data applicable to installation. Delete inapplicable
information.
D. Drawings: supplement product data to illustrate relations of component parts of
equipment and systems, to indicate control and flow diagrams. Do not use the
Project Record Documents as maintenance drawings.
E. Type text: as required to supplement product data. Provide logical sequence of
instructions for each procedure, incorporating manufacturer's instructions.
F. Warranties and bonds: bind in copy of each.
1.5 MANUAL FOR MATERIALS AND FINISHES
A. Building products, applied materials, and finishes: include product data, with
catalog number, size, composition, and color and texture designations. Provide
information for re -ordering custom manufactured products.
B. Instructions for care and maintenance; include manufacturer's recommendations
for cleaning agents and methods, precautions against detrimental agents and
methods, and recommended schedule for cleaning and maintenance.
C. Moisture protection and weather exposed products: include product data listing
applicable reference standards, chemical composition, and details of installation.
Provide recommendations for inspections, maintenance, and repair.
D. Additional requirements; as specified in individual product specification Sections.
1.6 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Each item of equipment and each system: include description of unit or system,
and component parts. Identify function, normal operating characteristics, and
limiting conditions. Include performance curves, with engineering data and tests,
and complete nomenclature and commercial number of replaceable parts.
B. Panel -board circuit directories: provide electrical service characteristics, controls
and communications.
C. Include color coded wiring diagrams as installed.
4/28/2008 OPERATION AND MAINTENANCE DATA 01730-2
BAYSHORE MANOR
D. Operating procedures: include start-up, break-in, and routine normal operating
instructions and sequences. Include regulation, control, stopping, shut -down,
and emergency instructions. Include summer, winter, and special operating
instructions.
E. Maintenance requirements: include routine procedures and guide for trouble-
shooting; disassembly, repair, and re -assembly instructions; and alignment,
adjusting, balancing, and checking instructions.
F. Provide servicing and lubrication schedule, and list of lubricants required.
G. Include manufacturer's printed operation and maintenance instructions.
H. Include sequence of operation by controls manufacturer.
I. Provide original manufacturer's parts list, illustrations, assembly drawings, and
diagrams required for maintenance.
J. Provide control diagrams by controls manufacturer as installed.
K. Provide the Contractor's coordination drawings, with color coded piping diagrams
as installed.
L. Provide charts of valve tag numbers, with location and function of each valve,
keyed to flow and control diagrams.
M. Provide list of original manufacturer's spare parts, current prices, and
recommended quantities to be maintained in storage.
N. Include test and balancing reports.
O. Additional requirements: as specified in individual product specification Sections.
P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and
space for insertion of data.
1.7 SUBMITTALS
A. Submit two copies of operation and maintenance data for review by Facilities
Maintenance prior to Final Inspection. One copy will be returned with comments.
B. Submit the required number of copies per each Specification Section or two (2)
copies each if not specified of approved data in final form within ten (10) days
after Final Inspection.
C. For equipment or component parts of equipment put in service during
construction and operated by the Owner, submit operation and maintenance data
within ten days after acceptance.
D. Submit two copies of approved revised volumes of data in final form within ten
(10) days after final inspection.
4/zo/zuud OPERATION AND MAINTENANCE DATA 01730-3
BAYSHORE MANOR
END OF SECTION 01730
4/28/2008 OPERATION AND MAINTENANCE DATA 01730-4
BAYSHORE MANOR
SECTION 01740
WARRANTIES
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for the
Contractor for warranties required by the Contract Documents, including
manufacturers standard warranties on products and special warranties.
Refer to the General Conditions for terms of the Contractor's period for
correction of the Work.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Submittals" specifies procedures for submitting
warranties.
2. Division 1 Section "Contract Closeout" specifies contract closeout
procedures.
3. Division 2 through 16 Sections for specific requirements for warranties on
products and installations specified to be warranted.
4. Certifications and other commitments and agreements for continuing
services to Owner are specified elsewhere in the Contract Documents.
C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on
product warranties do not relieve the Contractor or the warranty on the Work that
incorporates the products. Manufacturer's disclaimers and limitations on product
warranties do not relieve suppliers, manufacturers, and subcontractors required
to countersign special warranties with the Contractor.
D. Separate Prime Contracts: Each prime contractor is responsible for warranties
related to its own contract.
1.3 DEFINITIONS
A. Standard products warranties are preprinted written warranties published by
individual manufacturer's for particular products and are specifically endorsed by
the manufacturer to the Owner.
4/Z0/Zuu25 WARRANTIES 01740 - 1
BAYSHORE MANOR
B. Special warranties are written warranties required by or incorporated in the
Contract Documents, either to extend limits provided by standard warranties or to
provide greater rights for the Owner.
1.4 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting failed or damaged warranted
construction, remove and replace construction that has been damaged as a
result of such failure or must be removed and replaced to provide access for
correction of warranted construction.
B. Reinstatement of Warranty: When Work covered by a warranty has failed and
been corrected by replacement or rebuilding, reinstate the warranty by written
endorsement. The reinstated warranty shall be equal to the original warranty
with an equitable adjustment for depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty has
failed, replace or rebuild the Work to an acceptable condition complying with
requirements of the Contract Documents. The Contractor is responsible for the
cost of replacing or rebuilding defective Work regardless of whether the Owner
has benefited from use of the Work through a portion of its anticipated useful
service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in addition to
implied warranties and shall not limit the duties, obligations, rights, and remedies
otherwise available under the law. Expressed warranty periods shall not be
interpreted as limitations on the time in which the Owner can enforce such other
duties, obligations, rights or remedies.
E. Where the Contract Documents require a special warranty, or similar
commitment on the Work or part of the Work, the Owner reserves the right to
refuse to accept the Work, until the Contractor presents evidence that entities
required to countersign such commitments are willing to do so.
1.5 SUBMITTALS
A. Submit written warranties to the Owner prior to the date certified for Substantial
Completion. If the Owner's Certificate of Substantial Completion designates a
commencement date for warranties other than the date of Substantial
Completion for the Work, or a designated portion of the Work, submit written
warranties upon request of the Owner.
B. When the Contract Documents require the Contractor, or the Contractor and a
subcontractor, supplies manufacturer to execute a special warranty, prepare a
written document that contains appropriate terms and identification, ready for
execution by the required parties. Submit a draft to the Owner, through the
Consultant, for approval prior to final execution.
Refer to Divisions 2 through 16 Sections for specific content requirements
and particular requirements for submitting special warranties.
4/28/2008 WARRANTIES 01740 - 2
BAYSHORE MANOR
C. Form of Submittal: At Final Completion compile 2 copies of each required
warranty properly executed by the Contractor, or by the Contractor,
subcontractor, supplier, or manufacturer. Organize the warranty documents into
an orderly sequence based on the table of contents of the Project Manual.
D. Bind warranties and bonds in heavy-duty, commercial -quality, durable 3-ring,
vinyl -covered loose-leaf binders, thickness as necessary to accommodate
contents, and sized to receive 8'/z x 11" (115-by-280-mm) paper.
1. Provide heavy paper dividers with celluloid covered tabs for each
separate warranty. Mark the tab to identify the product or installation.
Provide a typed description of the product or installation, including the
name of the product, and the name, address, and telephone number of
the Installer.
2. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES", Project title or name, and name of the Contractor.
3. When warranted construction requires operation and maintenance
manuals, provide additional copies of each required warranty, as
necessary, for inclusion in each required manual.
END OF SECTION 01740
4/Zb/LUud WARRANTIES 01740 - 3
Exhibit 1
a'� I
CDBG SUPPLEMENTAL CONDITIONS
(Construction Contracts)
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to
modify the general conditions and other specifications. In case of disagreement with any other section of this
contract, the Supplemental Conditions shall govern unless noted otherwise in that section.
Termination (Cause and Convenience)
Access to Records
Retention of Records
Remedies
Environmental Compliance (Clean Air Act and Clean Water Act)
Energy Efficiency
Special Equal Opportunity Provisions
8. Conflict of Interest
9. Utilization of Minority and Women's Businesses
10. Federal Labor Standards Provisions (Davis -Bacon, Copeland, and Contract Work Hours Act)
11. Guidance to Contractor for Compliance with Labor Standards Provisions
1. Termination (Cause and/or Convenience)
(a) This contract may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this contract through no fault of
the terminating party, provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
(b) This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in l(a) above.
(c) If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work,
and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any
additional costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already
been included in an invoice.
Exhibit 1
For any termination, the equitable adjustment shall provide for payment to the contractor for
services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in
addition to termination settlement costs reasonably incurred by the contractor relating to
commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice
of intent to terminate.
(d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications,
summaries and other such information, as may have been accumulated by the contractor in
performing this contract, whether completed or in process.
(e) Upon termination, the local government may take over the work and may award another party a
contract to complete the work described in this contract.
(f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed
to have been for the convenience of the local government. In such event, adjustment of the contract
price shall be made as provided in paragraph (c) above.
2. Access to Records
The local government, the Florida Department of Community Affairs, the U.S. Department of
Housing and Urban Development, the Comptroller General of the United States, and any of their
duly authorized representatives, shall have access to any books, documents, papers, and records of
the contractor which are directly pertinent to this contract for the purpose of making audit,
examination, excerpts, and transcriptions.
3. Retention of Records
The contractor shall retain all records relating to this contract for five years after the local
government makes final payment and all other pending matters are closed.
4. Remedies
Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in
question between the local government and the contractor, arising out of or relating to this contract,
or the breach of it, will be decided by mediation, if the parties mutually agree, or in a Florida court
of competent jurisdiction.
5. Environmental Compliance
If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders,
or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection
Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts
over $100,000.
Exhibit 1
6. Energy Efficiency
The contractor shall comply with any mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
7. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related subcontracts $10,000 and
under.)
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action
to ensure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered
without regard to race, color, religion, sex or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 (contracts/subcontracts above $10,000)
(1) Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment
advertising; layoff or termination, rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available
to employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
Exhibit 1
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration without regard to race,
color, religion, sex, or national origin.
( c) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice to be provided by the
Contract Compliance Officer advising the said labor union or workers representatives of the
Contractor's commitment under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and others.
(f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled, be
declared ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph
(a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing such provisions, including
sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Department, the Contractor may request the United States to enter into such litigation to protect the
interest of the United States.
(2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000.)
(a) The Offerer's or Bidder's attention is called to the Equal Opportunity Clause and the Standard
Federal Equal Employment Opportunity Construction Contract Specifications set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor's aggregate workforce in each trade on all construction work in the covered area,
are as follows:
Female participation: 6.9% (statewide)
Minority participation (See Appendix at CDBG-25 for goals for each county)
Exhibit 1
These goals are applicable to all Contractor's construction work (whether or not it is federally -
assisted) performed in the covered area. If the Contractor performs construction work in a
geographic area located outside of the covered area, it shall apply the goals established for such
geographic area where the work is actually performed. With regard to this second area, the
Contractor also is subject to the goals for both its Federally involved and non -Federally involved
construction.
The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals
established or the geographic area where the contract resulting from his solicitation is to be
performed. The hours of minority and female employment or training must be substantially
uniform throughout the length of the contract and in each trade the Contractor shall make a good
faith effort to employ minorities and women evenly on each of its projects. The transfer of minority
or female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order,
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the
total work hours performed.
( c) The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this
solicitation. The notification shall list the name, address, and telephone number of the
subcontractor; employer identification number; estimated dollar amount of the subcontract;
estimated starting and completion dates of the subcontract; and the geographical area in which the
contract is to be performed.
(d) As used in this Notice, and in the contract resulting from the solicitation, the covered area is
the county in which the contract work is being undertaken.
(3) Standard Federal Equal Employment Opportunity Construction Contract Specifications
(Executive Order 11246).
(a) As used in these specifications:
Covered area means the geographical area described in the solicitation from which this
contract resulted;
Director means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
Employer identification number means the Federal Social Security number used on the
Employer's quarterly Federal Tax Return, U. S. Treasury Department Form 941.
4. Minority includes:
(I) Black (all persons having origins in any of the Black African racial groups not of
Exhibit 1
Hispanic origin);
(II) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American
or other Spanish Culture or origin, regardless of race);
(III) Asian and Pacific Islander (all persons having origins in any of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
(2) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000
the provisions of these specifications and the Notice which contains the applicable goals for
minority and female participation and which is set forth in the solicitations from which this contract
resulted.
(3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U. S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall be
in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other Contractors toward a goal in an approved Plan does not execute
any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan
goals and timetables.
(4) The Contractor shall implement the specific affirmative action standards provided in
paragraphs (7) 1. through 16. of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment and
training of minority and female utilization the Contractor should reasonablely be able to achieve in
each construction trade in which it has employees in the covered area. Covered construction
contractors performing contracts in geographical areas where they do not have a Federal or
Federally -assisted construction contract shall apply the minority and female goals established for
the geographic area where the contract is being performed. Goals are published periodically in the
Federal Register in notice form and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers. The
Contractor is expected to make substantially uniform progress in meeting its goals in each craft
during the period specified.
(5) Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.
Exhibit I
(6) In order for the nonworking training hours of apprentices and trainees to be counted in meeting
goals, such apprentices and trainees must be employed by the Contractor during the training period,
and the Contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U. S. Department of Labor.
(7) The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensively as the following:
1. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are assigned
to work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on -site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention to
minority or female individuals working at such sites in such facilities.
2. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organization's responses.
3. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off -the -street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with respect
to each such individual. If such individual was sent to the union hiring hall for referral and
was not referred back to the Contractor by the union, or if referred, not employed by the
Contractor, this shall be documented in the file with the reason therefore, along with
whatever additional actions the Contractor may have taken.
4. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor has
other information that the union referral process has impeded the Contractor's efforts to
meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training programs for the
areas which expressly include minorities and women, including upgrading apprenticeship,
trainee and other programs relevant to the Contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The Contractor shall
provide notice of these programs to the sources compiled under 7b above.
6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report, etc.; by specific
Exhibit l
review of the policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work is performed.
7. Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific review
of these items with on -site supervisory personnel such as Superintendents, General
Foremen, etc., prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
8. Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor's EEO policy with other Contractors
and Subcontractors with whom the Contractor does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source, the Contractor shall send written notification to
organizations such as the above, describing the openings, screening procedures, and tests
to be used in the selection process.
10. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment to
minority and female youth both on the site and in other areas of a Contractor's work force.
11. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR 60-3.
12. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's
obligations under these specifications are being carried out.
14. Ensure that all facilities and company activities are nonsegregated except that separate or
single -user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
15. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
Exhibit 1
solicitations to minority and female contractor associations and other business
associations.
16. Conduct a review, at least annually, of all supervisors adherence to and performance under
the Contractor's EEO policies and affirmative action obligations.
(8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one
or more of their affirmative action obligations ((7) 1. through 16.). The efforts of a contractor
association, joint contractor -union, contractor -community, or other similar group of which the
Contractor is a member and participant, may be asserted as fulfilling any one or more of its
obligations under ((7) 1. through 16.) of these Specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation shall not be a defense for the Contractor's noncompliance.
(9) A single goal for minorities and separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non -
minority. Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the Contractor has
achieved its goals for women generally, the Contractor may be in violation of the Executive Order if
a specific minority group of women is under utilized).
(10) The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
(11) The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
(12) The Contractor shall carry out sections and penalties for violation of these specifications and of
the Equal Opportunity Clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance Programs. Any
Contractor who fails to carry out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.
(13) The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its effort to ensure equal employment
opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR 60-4.8.
Exhibit 1
(14) The contractor shall designate a responsible official to monitor all employment related activity
to ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government and to keep records. Records shall at least
include for each employee, the name, address, telephone numbers, construction trade, union
affiliation, if any, employee identification number where assigned, social security number, race,
sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and location at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to the
degree that existing records satisfy this requirement, contractors shall not be required to maintain
separate records.
(15) Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance and upon the application of requirements for the
hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).
C. Certification of Nonsegregated Facilities (over $10,000)
By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she
does not maintain or provide for his/her employees any segregated facility at any of his/her
establishments, and that he/she does not permit employees to perform their services at any location,
under his/her control, where segregated facilities are maintained. He/She certifies further that
he/she will not maintain or provide for employees any segregated facilities at any of his/her
establishments, and he/she will not permit employees to perform their services at any location under
his/her control where segregated facilities are maintained. The bidder, offeror, applicant or
subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause
of this contract. As used in this certification, the term segregated facilities means any waiting
rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas,
transportation and housing facilities provided for employees which are in fact segregated on the
basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has
obtained identical certifications from proposed subcontractors prior to the award of subcontractors
have submitted identical certifications for specific time periods).
D. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
E. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national original, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with funds made available under this title.
F. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities
Exhibit 1
(1) The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U. S. C. 1701. Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given lower income residents of the
project area and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the project.
(2) The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in
24 CFR 134, and all applicable rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with these requirements.
(3) The Contractor will send to each labor organization or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, if any, a notice advising
said labor organization or workers' representative of his commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment or training.
(4) The Contractor will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor
is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR
Part 135. The Contractor will not subcontract with any subcontractor where it has notice of
knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will
not let any subcontract unless the subcontractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the
contract, shall be a condition of the Federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, it's successors and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors or subcontractors, it's
successors and assigns to those sanctions specified by the grant or loan agreement or contract
through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part
135.
G. Section 503 Handicapped (Contracts $2,500 or Over)
(1) The Contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all employment practices such as the
following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
Exhibit 1
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary
of Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
(5) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding, that the contractor is bound by the
terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action
to employ and advance in employment physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every subcontract or purchase order
of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant
to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase order as
the Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
H. Aee Discrimination Act of 1975
No person in the United States shall, on the basis of age be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, any program, or activity receiving
Federal Financial assistance.
8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL
JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER
PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the
governing body, and no other public official of the locality who exercises any function or
responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work
to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the
language set forth in this paragraph prohibiting conflict of interest.
9. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE)
Exhibit 1
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized
when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the
contractor shall document efforts to utilize M/WBE firms, including identifying what firms were
solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE
firms can be obtained from:
* State of Florida Office of Supplier Diversity at 850-487-0915
(online directory at: http://199.250.30.122/dirhome.htm)
* State of Florida Department of Transportation Equal Opportunity Office at 850-414-4747
(website: http://www.state.fl.us/equalopportunity office) for road construction projects
* Minority Business Development Center in most major cities
* Local government M/WBE programs in many large counties and cities
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG
program.
10. FEDERAL LABOR STANDARDS PROVISIONS
(Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
A.L(I) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to exist between the contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe
benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein; provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH-1321)) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
Exhibit I
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and wage rate and fringe benefits;
therefore, only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division,
employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD
or its designee within the 30-day period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB control number 1215-0140.)
( c) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
the additional time is necessary. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
Exhibit 1
contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and Budget under OMB Control Number 1215-
0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other federal contract with the same prime contractor, or any
other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, HUD, or its designee may, after written notice to the contractor,
sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act
contracts.
3.( i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described
in Section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and
1215-0017).
(ii)(a) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or
owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under 29 CFR
Exhibit I
Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347
is available for this purpose and may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control Number 1215-0149).
(b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either directly
or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
( c) The weekly submission of a properly executed certification set forth on the reverse
side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of
Compliance required by paragraph A. 3(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of
this section available for inspection, copying, or transcription by authorized representatives of HUD
or its designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request to make such records available may be grounds for debarment
action pursuant to 29 CFR Part 5.12.
4.( i) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U. S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
Exhibit 1
individually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program, shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with the determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U. S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program the contract will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
Exhibit 1
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR Parts 5.5(a)(1) through (10) and such other clauses as HUD or its designee
may by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contract shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR
Part 5.5.
7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor as
provided in 29 CFR Part 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein
incorporated by referenced in this contract.
9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in
29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or
the employees or their representatives.
10.( i) Certification of Eligibility. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the
Davis -Bacon Act or 29 CFR Parts 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of
a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part 5.12(a)(1)
or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S.
C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing
Administration transactions, provides in part Whoever, for the purpose of...influencing in any way
the action of such Administration ... makes, utters or publishes any statement, knowing the same to
be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both.
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom
the wage, salary, or other labor standards provisions of this contract are applicable shall be
Exhibit I
discharged or in any other manner discriminated against by the contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act , which is held by the same prime contractor such sums as may be determined
to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined
under construction safety and health standards promulgated by the Secretary of Labor by regulation.
Exhibit I
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant
to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83
State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such
provisions will be binding on each subcontractor. The contractor shall take such action with respect
to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
11. Guidance to Contractor for Compliance with Labor Standards Provisions
a) Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on
the site, must submit either two separate payrolls (one for each wage decision) or one payroll which
identifies each worker twice and the hours worked under each wage decision. One single payroll,
reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the
wage decisions for each identical job classification. However, where a job classification is not
listed in a wage decision and is needed for that portion of the work, the classification must be added
to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate
for that same classification in another wage decision. After the additional classification is
approved, the contractor may pay the higher of the two rates and submit one payroll, if desired.
b) Complying with Minimum Hourly Amounts
1) The minimum hourly amount due to a worker in each classification is the total of the
amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision.
2) The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and
Fringe Benefits columns.
3) A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third
party.
4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore,
for workers with overtime, an additional payment may be required to meet the minimum
hourly wages since generally fringe benefits have no value for any time worked over 40 hours
weekly. (If a worker is paid more than the minimum rates required by the wage decision, this
should not be a problem. As long as the total wages received by a worker for straight time
equals the hours worked times the minimum hourly rate in the wage decision, the requirement
of the Davis -Bacon and Related Acts has been satisfied.)
Exhibit I
c) Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual
hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and
Related Acts only establishes minimum rates and does not address overtime; the Contract Work
Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation,
not the minimum rates established by the Davis -Bacon and Related Acts.)
d) Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions
in writing. The authorization must identify the purpose of each deduction and the amount, which
may be a specific dollar amount or a percentage. A copy of the authorization must be submitted
with the first payroll containing the deduction. If deducted amounts increase, another authorization
must be submitted. If deducted amounts decrease, no revision to the original authorization is
needed. Court -ordered deductions, such as child support, may be identified by the responsible
payroll person in a separate document. This document should identify the worker, the amount
deducted and the purpose. A copy of the court order should be submitted.
e) Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner's representative in
writing and identify the job classification(s) required. In some instances, the State agency may
allow the use of a similar classification in the wage decision.
Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be
lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory
of the laborer classification) and truck drivers are not considered a trade for this purpose. If the
classification involves a power equipment operator, the minimum cannot be lower than the lowest
rate for any power equipment operator in the wage decision. The owner will provide forms to
document agreement on the minimum rate by the affected workers and contractor.
The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The
contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL
require a higher rate, the contractor must make wage restitution to the affected worker(s) for all
hours worked under the proposed rate.
f) Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising workers
are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will not include
such supervisory classifications and their wages are not subject to any minimums under the Davis -
Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards
Act. However, foremen and other supervisory personnel who spend less than 80% of their time
engaged in supervisory activities are considered workers/mechanics for the time spent engaged in
manual labor and must be paid at least the minimum in the wage decision for the appropriate
classification(s) based on the work performed.
g) Sole Proprietorships / Independent Contractors / Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the
requirement to comply with the labor standards provisions of this contract. The applicability of the
labor standards provisions is based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards
provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs
all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including
minimum wages and overtime. His status as owner is irrelevant for labor standards purposes.
If a worker meets the IRS standards for being an independent contractor, and is employed as such,
this means that the worker must submit a separate payroll as a subcontractor rather than be included
on some other payroll. The worker is still subject to the labor standards provisions in this contract,
including minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions
in this contract, including minimum wages and overtime. The leasing firm must submit payrolls
and these payrolls must reflect information required to determine compliance with the labor
standards provisions of this contract, including a classification for each worker based on the nature
of the work performed, number of regular hours worked, and number of overtime hours worked.
h) Apprentices / Helpers
A worker may be classified as an apprentice only if participating in a federal or state program.
Documentation of participation must be submitted. Generally, the apprentice program specifies
that the apprentice will be compensated at a percentage of journeyman rate. For Davis -Bacon Act
purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the
classification in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker must be
classified according to duties performed. This procedure may require classification in the trade
depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor
may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in
most large cities regarding the appropriate classification.
Presently, no worker may be classified as a helper. As with apprentices not participating in a
formal apprentice program, the worker must be classified according to duties performed and tools
used.
Appendix
Minority Participation Goals
These are the goals, by county, for meeting the minority participation portion of Section 7-B (2)(b)
of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals for
subcontracting to minority and women firms. Solicitation of minority and women firms as
subcontractors is a separate federal requirement which the contractor must document compliance
with.
Tampa -St. Petersburg Area Percentage
Hillsborough, Pinellas, Pasco 17.9
Charlotte, Citrus, Collier, Desoto 17.1 (all seven)
Hardee, Hernando, Highlands
Lee 15.3
Manatee 15.9
Polk
18.0
Sarasota
10.5
Tallahassee Area
Leon, Wakulla
24.3
Calhoun, Franklin, Gadsden, Jackson
29.5 (all eight)
Jefferson, Liberty, Madison, Taylor
Pensacola - Panama City Area
Bay
14.1
Escambia, Santa Rosa
18.3
Gulf, Holmes, Okaloosa
15.4 (all five)
Walton, Washington
Jacksonville Area
Alachua
20.6
Baker, Clay, Duval, Nassau, St. Johns
21.8
Bradford, Columbia, Dixie, Gilchrist
22.2 (all 11)
Hamilton, Lafayette, Levy, Marion,
Putnam, Suwannee, Union
Orlando - Daytona Beach Area
Volusia
15.7
Brevard
10.7
Orange, Osceola, Seminole
15.5
Flagler, Lake, Sumter
14.9
Miami - Fort Lauderdale Area
Dade
39.5
Broward
15.5
Palm Beach
22.4
Glades, Hendry, Indian River
30.4 (all seven)
Martin, Monroe, Okeechobee
St. Lucie
(Last document revision: March 2007)
33
MONROE COUNTY
Davis Bacon Information
2007 Disaster Recovery Category
Community Development
Block Grant
Contract Number 07DB-3V-11-54-02-Z03
Labor, Wage and Other Administrative Requirements
February, 2008
Key West, Florida
For more information contact...
Leslie Robinson, Project Manager
Meridian Community Services Group, Inc.
1111 12th St., Unit #102
Key West, FL 33040
(305)294-1000
34
Overview of Contractor Requirements
A) Davis Bacon and Other Wage/Labor Requirements
• Payrolls — Forms provided — Required with Pay Request
• Interview — Random — Meridian Representative
• Subcontractor — Same Applies as Above
B) Final Completion
• Final Completion days after Notice to Proceed
C) E.E.0 Goals
• Must Show Evidence of Solicitation of Minority/Women Owned Subcontractors (possible forms
of evidence listed below)
- EEO Policies
- Subcontractor list with WBE/MBE firms listed
- Ad soliciting WBE/MBE firms
- Letter explaining WBE/MBE policies or procedures
- Similar documentation with administrative approval
D) Pay Estimates/Requests
• Review by Owner/Engineer & Administrator before Approval
• Payrolls Required before Approval
E) Change Orders
• Signed by Engineer, Owner, Contractor
F) Final Inspection Before Closeout Required
• Final Payment and Release of Retainage After Final Inspection
G) Disclosure of Subcontractors Required
• List Showing Services Provided, Contact Name, Address, Phone, Fax, and contract amount for
each
• Provide Copy to Administrator as Soon as Possible
Table of Contents
Subcontracting Requirements 3
Labor Standards Overview 5
Common Questions Regarding Davis Bacon 9
Notice to Employees
14
Wage Decision (Davis Bacon Requirement) 16
Form Required to Add an Additional Classification
to the Wage Decision 20
Authorization to Make Deductions (form) 22
Certificate from Contractor Appointing Officer
or Employee to Supervise Payment of
Employees (form) 25
Sample Payroll Form 27
Exhibit 2
Subcontracting
Requirements
Specific Requirements for Subcontractors Exhibit 2
(A) The Owner is responsible for ensuring that the contractor(s) cause(s) appropriate provisions to be inserted in all
subcontracts to bind subcontractors to all CDBG contract requirements.
(B) Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to
those set forth in this section.
(C) Work performed by any contractor listed as debarred, ineligible, suspended or indebted to the United States from
contractual dealings with Federal government departments will be ineligible for reimbursement wholly or partially
from CDBG.
(D) All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of
Executive Order 11246 (see page 38).
(E) All subcontracts must contain a nondiscrimination clause.
(F) Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts.
(G) Each subcontractor must submit weekly payroll records and a weekly statement of compliance. These documents
should be submitted to the prime contractor. The subcontractor can satisfy this requirement by submitting a
properly executed Department of Labor Form WH-347.
(I) Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of
local labor to the maximum extent possible.
Exhibit 2
A. OVERVIEW
Exhibit 2
The Davis -Bacon Act (DBA) applies to all construction contracts over $2,000, unless the programs
authorizing legislation contains exceptions.
a. The DBA requires that all workers or mechanics working on covered projects be paid
minimum hourly wages and fringe benefits according to the wage decision(s) applicable to
that contract.
b. Work done by a local government's own employees (force account) is not subject to DBA.
c. If any portion of a contract requires DBA, then all work performed under that contract is
subject to DBA.
d. In the CDBG program, only rehabilitation of residential property containing
less than 8 units is exempt from DBA.
2. Additionally, contractors must comply with the Contract Work Hours and Safety Standards Act
(CWHSSA) and the Copeland (Anti -Kickback).
a. The CWHSSA requires that, for any project in which the prime contract exceeds $100,000,
workers be paid one and one-half times their normal hourly rate for any hours worked in
excess of 40 hours weekly, based on a workweek of seven consecutive days.
b. The Copeland Act prohibits any person from inducing a worker, on a federally funded
project, to give up any part of the compensation to which the worker is entitled.
B. WAGE DECISIONS
1.Under DBA, construction work is categorized as Residential, Building, Heavy, Water and Sewer, or
Highway work. Each construction contract to which DBA applies must contain the wage
decision for the appropriate category (or categories) based on the work required by the contract.
2.A separate wage decision for a category is not required if the value of work (as bid) in that category
does not exceed 20% of the total "as bid" construction cost. (Note that the actual bid cost, not
the estimated cost, determines whether a separate wage decision is used.)
3.If more than one wage decision is used, the payrolls must reflect which wage decision is applicable
unless all workers are paid at least the highest hourly rate possible under either wage decision.
C. LOCAL GOVERNMENT MONITORING DURING CONSTRUCTION
I. During project construction, the local government or its representative will monitor compliance with
the DBA, CWHSSA, and Copeland Act by reviewing payrolls of the contractor and all
subcontractors.
2. The DBA applies to laborers and mechanics working on any project when the prime contract exceeds
$2,000.
a. The DBA does not apply to supervisory staff, provided at least 80% of their time during the
work week is spent performing supervisory tasks. Otherwise, they are subject to the DBA
during that workweek.
b. "Self-employed owners" are not exempt from the DBA and must submit a payroll report
reflecting the hours worked on the project, the type of work being performed, and that they
are the owner. Hourly rates do not need to be reported if this information is not known, but Exhibit
the amount of the subcontract should be indicated.
C. "Supply" contracts are also not subject to the DBA. (A supply contract furnishes only
equipment, materials or supplies which involves no or only "incidental" construction at the
project site. Construction is "incidental" if it does not exceed 13% of the contract or
subcontract price and there is documentation to support this.
3.During project construction, the local government or its representative will also conduct interviews
with the contractor's and subcontractors' workers to verify the accuracy of the payrolls.
a. Interviews must cover a representative sample (between 15% and 20%) of each
classification used by the contractor/subcontractor.
b. On -site interviews will be conducted whenever possible, but mail interviews maybe
conducted if on -site interviews cannot be performed.
c. Any discrepancies between the interviews and payrolls must be resolved in a timely manner
which, to the extent possible, shields the identity of the worker(s) involved.
4.If a contractor/subcontractor is required to pay a cumulative total of more than $100 in back wages
during the contract period, the local government is required to submit an enforcement report to
DCA.
a. Any corrective actions by a contractor must be documented in the project files. For back
wages over $10, there must be a copy of the front of the wage restitution check and a signed
acknowledgment from the worker that the check was received, including the amount
received.
b. If there are overtime violations, the local government must assess liquidated damages of $10
per day per worker who should have received overtime but did not.
D. DCA MONITORING
1.The DCA will typically monitor when construction is between 60-80% complete.
2. During monitoring, special attention is given to the following areas:
a. payrolls, particularly from subcontractors, are being submitted and reviewed in a timely
manner;
b. all classifications are included in the wage decision or have been conformed/added with
DCA/DOL approval;
c. any helper/trainee/apprentice classifications are in accordance with regulations for these
titles;
d. signed authorizations are on file for any worker with "other" deductions;
e. interviews have been conducted with workers of the prime contractor and any
subcontractors;
f. if more than one decision was used, the payrolls distinguish which wage decision is being
used for each worker; and
g. the wage decision is posted in a conspicuous location at the project site.
E. TYPICAL LABOR STANDARDS MONITORING PROBLEMS Exhibit 2
L Inappropriate use of "apprentice", "trainee", and "helper" classifications.
2.Use of a classification which is not in the wage decision or is vague ("operator").
3.Failure to obtain subcontractor payrolls.
4.Lack of signed authorizations for workers with "other" deductions.
5. Lack of interviews, including not covering enough classifications or not interviewing subcontractors.
6. "Salaried" workers covered by DBA not treated as an hourly worker for regular and overtime
purposes.
7.Using one wage decision when two are required based on value of work in each category.
8.If two wage decisions are used, and workers are not paid the higher hourly rate possible for that
classification, payrolls fail to reflect which wage decision(s) is applicable to which worker.
Exhibit 2
Common Questions Regarding Davis Bacon
Common Questions Regardina Davis Bacon Exhibit 2
The wage determination applicable to my project does not contain a class of workers which is needed to
complete construction. Can a worker classification and wage rate be added to an existing wage
determination? After contract award, a contractor shall submit to the owner, the addition of any
needed classification of laborers or mechanics not listed in the wage determination, together with
the proposed wage rates and fringe benefits conformable to the wage determination. Such an
action requires the concurrence of the employees or their representative and the owner, and the
Wage and Hour Division of the U.S. Department of Labor (USDOL) must approve of the action.
The owner shall require that any class of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract be classified in conformance with the wage determination. The owner
will approve the classification and the proposed wage rate and fringe benefits only when the following criteria have
been met:
- The work to be performed by the classification requested is not performed by any classification
in the wage determination; and
- The classification is utilized in the area by the construction industry; and
- The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
- There is evidence of agreement on the classification and proposed wage rate among the parties
involved; and
- The request does not involve wage rates for apprentices or trainees.
If the officer believes that these criteria are not met, the classification or wage rate may not be approved but shall be
referred to the Wage and Hour Division for resolution of dispute.
All conformance notices submitted to USDOL will be responded to in writing within 30 days of receipt. These
responses either approve or deny the request or inform the submitting agency that additional time will be required.
Failure to receive a response does not constitute approval. If a response is not received, the Wage and Hour
Division must be contacted directly. Every conformance request is analyzed to verify that the criteria for approval
are complied with.
How do workers on a construction site know that a project is covered by the Davis -Bacon Act? How do they
know the prevailing wage to which they are entitled? The wage determination (including any additional
classifications and wage rates conformed) and a Davis -Bacon poster (WH-1321) must be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen. The WH-1321 poster may be obtained at no charge from offices of the Wage and Hour Division.
Once construction has begun, are the workers' wage rates ajje�ted when the wage determinationfor the area in
which the project is located is changed? As a general rule, the wage determination incorporated into a bid
solicitation and related contract award establishes the minimum wage rates and fringe benefits which must be paid
for the entire term of the contract.
Is it possible jor more than one wage schedule to apply to contract specifications? Construction projects are
generally classified as either Building, Heavy, Highway or Residential for purposes of issuing wage determinations.
Wage schedules for one or more of these construction categories may have application to construction items
contained in a proposed construction project. Guidelines for the selection of proper wage schedules are set forth in
All Agency Memoranda Nos. 130 (March 17, 1978) and 131 (July 14, 1978). Any questions regarding the
application of these guidelines to a particular project, or any disputes regarding the application of the wage
schedules issued for the various construction categories are to be referred to the Wage and Hour Division, together
with relevant information, including a complete description of the project and area practice.
Exhibit 2
As the owner, what is my obligation when the wage determinations applicable to a construction fro,/. contain
multiple wage schedules? It is the responsibility of the owner to advise contractors which schedule shall be
applied to the various construction items in the bid specifications. Because of the complexities in the application of
multiple schedules (see Question 4 above), the owner should consult with the Wage and Hour Division to resolve
any questions.
Can apprentices, trainees, and/or helpers work on project covered by the Davis -Bacon or related Acts and what
wage rates must they be paid? A person employed and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or a person in the
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been properly certified to be eligible for probationary
employment as an apprentice may work on such projects.
Trainees employed must be persons registered in construction occupation under a program which has been
approved in advance by the U.S. Department of Labor, Employment and Training Administration, as meeting its
standards for on-the-job training programs and which have been so certified by that Administration. Note that
kcomormance) is neither necessary nor appropriate. On projects funded by the Federal Aid Highway Act,
apprentices and trainees certified by the Secretary of Transportation are not covered by Davis -Bacon labor
standards.
The proper wage rates to be paid to apprentices and trainees are those specified by the particular programs in which
they are enrolled, expressed as a percentage of the journeyman rate on the wage determination. In the event
employees reported as apprentices or trainees on a covered project have not been properly registered within the
meaning of the Regulations and the contract stipulations, or are utilized at the job site in excess of the ratio to
journeymen permitted under the approved program, they must be paid the applicable wage rates for laborers and
mechanics employed on the project performing the kind or classification of work they actually performed,
regardless of work classifications which may be listed on the submitted payrolls and regardless of their level of
skill.
Under existing regulations, helper classifications are not listed in wage determinations or approved as an additional
classification unless certain criteria are present: 1) the use of helpers is an established prevailing practice; 2) the
duties of the helper are clearly defined and distinct from the duties of the journeyman classification; 3) their duties
are distinct from the duties of the laborers, and 4) the "helper" is not synonymous with "trainee" in an informal
training program. Helpers can only be employed on a Davis -Bacon project at wage rates less than those specified
for a given craft classification if the applicable wage determination lists a prevailing wage for a particular helper
classification or if the particular helper classification has been approved as an additional classification. In the event
employees, improperly classified as helpers regardless of their level of skill, are employed on a covered project,
they must be paid the applicable wage rates for laborers and mechanics employed on the project performing the
kind or classification of work they actually performed.
What wage rates must be paid to supervisory employees (foreman, general foremen, superintendents, etc.)
employed on a covered project? The wage rates for bona fide supervisory employees are not regulated under the
Davis -Bacon and related Acts since their duties are primarily administrative or executive in nature rather than those
of laborers or mechanics. However, such employees who devote more than 20 percent of their time during a
workweek to mechanic or laborer duties are laborers and mechanics for the time so spent, and must be paid the
appropriate wage rates specified in the wage determination. Employees who are bona fide executive,
administrative, or professional employees as defined under the Fair Labor Standards Act at 29 CFR Part 541 are not
covered by the Davis -Bacon Act.
Exhibit 2
What records shall contractors and subcontractors submit to the owner? Each contractor and subcontractor
performing construction work on the project shall submit copies of their payroll records for employees working on
the project as soon as practicable after each payroll. It is the responsibility of the prime contractor to include a copy
of the Davis -Bacon wage determination in each construction subcontract and to ensure that subcontractors submit
payroll records.
What is the responsibility of the owner for monitoring contractor and subcontractor compliance with
Davis -Bacon requirements? The owner shall ensure that the wage determination is posted at the job site and that
payroll records are submitted on a timely basis.
Payroll records should be reviewed to verify that the minimum wage rates for each classification are being paid.
Random private interviews of a few employees of the prime contractor and each on -site subcontractor should be
conducted monthly to determine type of work performed, classification, and hourly rate. Answers should be
verified for agreement with payroll records. If payroll records or interviews indicate that minimum rates possibly
are not being paid or that employee classification may be inappropriate based on work performed, the owner should
contact the nearest Wage and Hour Division office for possible further investigation by that office.
Please clarify the "in whole or in part' application of the Davis -Bacon Act regulations to construction contracts.
The Davis -Bacon Act will apply to a contract if two conditions are met. First, the contract amount must exceed
$2000. This amount is for the total contract, not just that portion involving federal funds. Second, the contract
work must be subject to the Davis -Bacon Act by the authorizing legislation of the federal programs involved. If a
construction contract involves more than one federal program, the applicability of the Davis -Bacon Act under each
federal program must be reviewed. If the Davis -Bacon Act is applicable under one program, then the entire
contract must comply with the Act's requirements even if that program's portion of the total contract cost is very
small. Also, please note that the Davis -Bacon Act regulations use only the term "contract." Confusion arises from
the use of "contract" and "project" interchangeably. The Davis -Bacon Act applies to contracts. A project may
have more than one contract. It is possible that the Davis -Bacon Act will apply to one contract but not another,
based on the two-part test described above.
In monitoring (or overtime, is the local government required to determine hours worked by an employee on
other projects? The local government cannot require the contractor to submit payroll information from other
projects. If the payroll being reviewed shows that an employee did not work more than 40 hours in the week,
overtime is not an issue.
Exhibit 2
OTHER IMPORTANT DAVIS BACON DETAILS
1. The DOL will not consider any "helper" classifications, apparently due to no funding for staff needed to do
this. A contractor should not even bother to submit a request for the "helper" classification. (If the worker
does not qualify for classification as "apprentice" or "trainee," the most likely option is to use the full
"trade" classification unless the contractor can show that another classification, such as "laborer," is more
appropriate. But a "laborer" should not be using specialized tools of a trade.)
2.For deductions requiring DOL approval, DOL typically responds in just a few days and approval is usually
given if 29 CFR 3 is met. Once a type of deduction is approved, the approval is good for one year for all
federally -funded projects by the contractor.
3.Payroll deductions, beyond those listed in the regulation (29 CFR 3) as "permissible with USDOL approval,"
may still be made without USDOL approval if the deductions do not reduce the worker's pay (including any
applicable fringe) below the minimum in the wage decision.
4.A worker's pay is considered to be in compliance with the wage decision if the total of hourly rate and any
fringe benefits received equals at least the total minimum amount in the wage decision, regardless of the
distribution between cash hourly rate and fringe benefits. (Example: If a wage decision requires $6 per hour
and no fringe benefits, employer is in compliance by paying $5 hourly in cash and $1 in fringe benefits.)
5. A contractor's workweek must be seven consecutive days. This is to preclude a contractor from changing his
work week in a way to avoid overtime.
6.Owners are not exempt from the Davis -Bacon Act if they work on the project site.
Exhibit 2
Notice to
Employees
The following "NOTICE TO ALL EMPLOYEES"
MUST be posted on the Job Site
Exhibit 2
(i) NOTICE
TO ALL
EMPLOYEES
Working on Federal or Federally
Financed Construction Proiects
MINIMUM You must be paid not less than the wage rate
WAGES in the schedule posted with this Notice for the
kind of work you perform.
APPRENTICES
PROPER
PAY
You must be paid not less than one and one-half times
a) OVER your basic rate of pay for all hours worked over 40 a
week. There are some exceptions.
TIME
Apprentice rates apply only to apprentices
properly registered under approved Federal or
State apprenticeship programs.
If you do not receive proper pay, contact the Contracting
Officer listed below:
Jay Moseley, Vice President
Meridian Community Services Group, Inc.
P.O. Box 357995
Gainesville, Florida 32635
(352)381-1975
wl%'. u mM r �UIV i MU i i nt Nl:AHI_S t OFFICE OF THE
WAGE AND HOUR DIVISION, U.S. DEPARTMENT OF
LABOR. THE WAGE AND HOUR DIVISION HAS OFFICES
IN SEVERAL HUNDRED COMMUNITIES THROUGHOUT THE
COUNTRY. THEY ARE LISTED IN THE U.S. GOVERNMENT
SECTION OF MOST TELEPHONE DIRECTORIES UNDER:
U.S. DEPARTMENT OF LABOR EMPLOYMENT
STANDARDS ADMINISTRATION.
v/
WH Publicedon 1321
Revised January 1998 U.S. Department Or LeUO!
Employment Standards Administration
Wage and Hour Division
WAIN yocument Retrieval
Page 1 of 3
From: Saved by Windows Internet Explorer 7
Sent: Monday, July 23, 2007 9:30 AM
Subject: WAIS Document Retrieval
GENERAL DECISION: FL20070051 02/09/2007 FL51
Date: February 9, 20D7
General Decision Number: FI.20070051 02/09/2007
Superseded General Decision Number: FL20030051
State: Florida
Construction Type: Residential
County: Monroe County in Florida.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 9 stories.)
Modification Number Publication Date
0 02/09/2007
SUFL1983-003 09/01/1983
Rates
Air Conditioning Mechanic ...... $ 7.75
Bricklayer .....................$ 8.50
Carpenter .....................:$ 8.41
CementMason ...................$ 9.00
Drywall Finisher ...............$ 7.96
Drywall Hanger .................$ 10.00
Electrician ....................$ 9.16
Laborers:
Marble Setter ...............$ 6.50
Mason Tender ................$ 5.50
Unskilled.. 5.15
Painter ........................$ 8.00
Plumber/Pipefitter.... e'........$ 8.37
Power equipment operators:
Backhoe.....................$ 7.00
Bulldozer ...................$ 6.00
Crane.......................$ 7.00
Grader ......................$ 7.00
Trencher ....................$ 6.00
Roofer ..... .................... $ 7.00
Fringes
Sle://C:1Documenf'/o2Oand%2OSettingsMZMesktopkAALar y\Wo2OLOA20K\AA%2OC... 1/22/2008
WAIN vocument Ketneval
Sheet metal worker ..... ........ $ 9.00
Tile Setter ....................$ 8.00
Truck Driver ....................$ 5.15
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
Process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
ir
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
rage Z oI 3
file://C:1Documents"/o20and%20Settings\XY,Z\Desktop\AALarry\Ta/o20L%20K\AA%20C... 1/22/2008
WAIS Document Retrieval
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue_
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
d.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 3 of 3
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Exhibit 2
Form Required to Add an
Additional Classification to the
Wage Decision
Exhibit 2
Grantee: City of Key West Date:
Contract No: 07DB-3 V-11-54-02-Z03
Construction Contract Execution Date:
Wage Decision:FL20070050 (Commercial)
Project Description:
Commercial — Bayshore Manor Assisted Living Facility Rehabilitation
Whereas, the City of Key West has been unable to obtain a specific wage rate from the Department of Labor
(DOL)/Department of Community Affairs (DCA), in the wage decision for this project for the classification of
Residential, and because it also appears that there are no readily available similar positions that could be reclassified
under the initial wage decision, and whereas 29 CFR Part 5.5 (a)(1)(ii) allows the rate for a classification under these
circumstances to be set by mutual agreement among the employee(s), the employer, and the jurisdiction, subject to
approval by HUD/DOL;
Therefore by mutual consent the parties and persons signed below agree to an hourly rate of $ and fringe
benefit rate of $ (may be included in hourly rate), for the above classification while acknowledging full
compliance with all other federal labor standards requirements.
Employee
Date
Local Government Official
Note: Use one form for each affected employee.
Employer (If Corporation, must be Officer)
Date
Date
Exhibit 2
Authorization to Make
Deductions (Form)
NOTE: The contractor is required to maintain a copy of this authorization form
for EVERY DEDUCTION other than those for Federal and State withholding
taxes and Federal social security taxes. The only exception is that of court
ordered deductions. In this case, a copy of the court order must be on file.
This form need only be completed once for all payroll periods. If, however, any new
deductions occur, a new form must be completed.
Exhibit 2
AUTHORIZATION TO MAKE OTHER DEDUCTIONS
employer,
hereby authorize my
to make deductions, not
otherwise listed as permissible deductions in 29 CFR, on wages earned while employed on the
following project:
PROJECT NUMBER: 07DB-3V-11-54-02-Z03
PROJECT NAME: Commercial — Bayshore Manor Improvements
PROJECT LOCATION: City of Key West
These deductions are voluntary and are authorized for the purpose of
Employee
Date
not to exceed ($
Witness
Date
amount
Exhibit 2
PERMISSIBLE PAYROLL DEDUCTIONS
The following payroll deductions may be made without requesting approval from the
State of Florida (employee authorization or other documentation may still be required,
however. Please consult with your program administrator on all payroll deductions.):
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal
or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of waged when such
prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to
have been made only when cash or its equivalent has been advances to the person employed in such
manner as to give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor
of the contractor, subcontractor, or any affiliated person, or when collusion of collaboration exists.
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the
employer or representatives of employees, or both, for the purpose of providing either from principal or
income, or both, medical or hospital care, pensions or annuities on retirement, death benefits,
compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the
forgoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit
of employees, their families and dependents: (1) The deduction is not otherwise prohibited by law; (2) it
is either: (I) voluntarily consented to by the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for the obtaining of or for the continuation of
employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or
subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of
commission, dividend, or otherwise; and (4) the deduction shall serve the convenience and interest of the
employee.
(e) Any deduction contributing toward the purchase of United States Savings bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shared in credit
unions organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to Community
Chests, United Givers Funds, and similar charitable organizations.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to governmental
or quasi -governmental agencies, such as the American Red Cross.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special
assessments: Provided, however, that a collective bargaining agreements between employee provided for
such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the `reasonable cost' of board, lodging, or other facilities meeting the
requirements of section 3 (M) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of Title
29, Code of Federal Regulations. When such a deduction is made, the additional records required under
Section 516.27 (a) of Title 29, Code of Federal Regulations, shall be kept.
Exhibit 2
Certificate from Contractor Appointing Officer
or Employee to Supervise Payment of
Employees (Form)
Exhibit 2
CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENTS OF EMPLOYEES
Project Name: Commercial — Bayshore Manor Improvements
Location: City of Key West
Date:
Project No.: 07DB-3 V-11-54-02-Z03
(I) (We) hereby certify that (I am) (we are) (the prime contractor) (the subcontractor) for
in connection with
the Rehabilitation of the Bayshore Manor Assisted Living Facilty.
the above -mentioned Project, and that (I) (we) have appointed
whose signature appears below, to supervise the payment of (my) (our) employees beginning
20 : That he/she is in a position to have full knowledge of
the facts set forth in the payroll documents and in the statement of compliance required by the so-called
Anti Kick -Back Statute which he is to execute with (my) (our) full authority and approval until such time as (1)
(we) submit to the a new certificate appointing
Meridian Community Services Group, Inc.
some other person for the purposes herein above stated.
(Identifying Signature of Appointee)
Attest (if required):
By:
(Signature)
(Title)
(Name of Firm or Corporation)
(Signature)
(Title)
NOTE: This certificate must be executed by an authorized officer of a corporation or by a member of a partnership,
and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new
certificate must accompany the first payroll for which the new appointee executes a statement of compliance
required by the Anti Kick -Back Statute.
Exhibit 2
Sample Payroll Form
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SPECIFICATIONS Exhibit 3
1.0 ROOFING REOUIREMENTS:
(A) Roofing inspections shall be the responsibility of the contractor, allowing a
minimum of 24 hours for coordination of inspections or as directed by the local
building official. Removal of existing roofing shall comply with the ACM report
and recommendations.
(B) Roofing and re -roofing shall not be done during inclement weather.
(C) Roofing and re -roofing shall include all underlayments, all metal flashing, and all
roof coverings as follows:
1. Re -roofing requires the re -nailing of the existing
sheathing to meet current building code requirement.
2. Metal flashing, valley flashing, chimney flashing,
wall flashing, counter flashing, cantstrips, chimney crickets and
flashing all protrusions through the roof such as pipes, vents and
stacks.
3. Roof covering materials shall be synthetic rubber
membrane for low slope areas and fiberglass shingles in pitched
areas.
4. Fiberglass shingles shall be no less than a Class "A" fire, and wind
rating of 130 MPH such as Owens-Corning Oalmidge Pro 40 or equivalent and
shall be provided with no less than a forty (40) year limited warranty, and shall be
attached per manufacturer's specifications.
5. Synthetic Rubber membrane shall be EPDM (Ethylene Propylene
Diene Monomer) single ply rubber membrane roofing or equivalent. Membrane
roofing to be installed per manufacturers instructions.
Roofing shall not be installed over existing (old) roofing or on roofs with damaged,
deteriorated or missing sheathing and/or framing, such as trusses or rafters.
Replace any deteriorated roof decking and support members discovered after
removal of roofing materials. Do not cover any replaced decking until unit
measurement can be verified by the owner.
1.1 GUTTERS AND DOWNSPOUTS
(A) The Formed Aluminum Gutter shall be as manufactured by Architectural
Products Company or equivalent. The Gutter shall be 5005-1134 alloy aluminum in
10'0" (305cm) lengths with 6" (15cm) concealed aluminum joint covers. All exposed
aluminum shall have a white finish.
The Formed Downspouts shall be as manufactured by Architectural Products
Exhibit 3
Company or equivalent. The downspouts shall be 5005-H34 alloy aluminum in
10'0" (305 cm) lengths. All exposed aluminum shall have a white finish.
Gutters and downspouts to be installed as per manufacturer's specifications.
Splash Blocks shall be precast concrete products and installed with proper slope
and distance from the building to drain water away from the foundation.
2.0 FLOOR TILE
(A) Preparation of the substrate will involve the removal of any existing adhesive,
grout or deleterious material that will affect the adherence of the new floor tile.
(B) The new tile shall be non -slip surface, size and color to be selected by the owner.
Grout shall be finished smooth and level with floor tile.
(C) Install American Olean Tile Company Ceramic Floor Tiles "Quarry Naturals" or
equivalent. Tiles shall be non slip floor tiles designed to meet ADA standards to
prevent slipping and falls from occurring. Tiles shall have a coefficient of friction
of at least 0.6 when wet.
3.0 TOILETS
(A) Toilets shall be white vitreous china by American Standard or equivalent.
Toilets for handicapped shall be no less than eighteen inches
(18") from finished floor to seat.
Toilets shall include back flow preventer water control with
volume regulator, flush valve and trip lever.
4.0 DOORS
(A) Interior doors to be replaced with new pre -hung doors including new
hardware. Doors to be similar style as existing units. Remove existing
door frames and jambs. Install doors as per manufacturer's specifications.
Repair any adjacent surfaces that received damage from removal of frames
and jambs. Repairs to be performed to match existing adjacent surfaces.
5.0 PAINTING
Compliance with the work write-up, manufacturer's specifications and
specifications herein as required. Paint shall be Porter Paint exterior grade latex
Exhibit 3
based paint or equivalent. Pressure treated wood trim shall be Porter Paint
exterior grade oil based paint or equivalent.
5.1 PREPARATION:
(A) Preparation shall include: cleaning, sanding, scraping, filling holes and
cracks, caulking, sealing, pressure treating, moisture proofing and protection of
surfaces and surrounding areas.
(B) Prepare surfaces prior to applying paint, stain, varnish, etc.
1. Foreign material (nails, hooks, fasteners, wall paper, etc.)
shall be removed unless properly installed and deemed necessary
by the owner.
2. Holes, cracks, and indentations shall be properly filled,
surfaces scraped, cleaned and sanded uniformly smooth.
3. Porous surfaces, chalky surfaces, old painted surfaces,
masonry, such as block, stucco, and concrete slabs, shall be
cleaned and sealed before painting.
4. Proper precautions shall be taken by the contractor and his
painters to protect all surrounding surfaces, flooring, and
landscaping from possible damage and paint splattering.
5.2 APPLICATION OF PAINT:
(A) Paint shall be applied to a mil thickness of no less than rive (5) mils per
coat.
(B) For two (2) or three (3) coat application, the fist coat shall be prime coat
or sealer coat, as applicable.
(C) A minimum of two (2) coats of paint shall be applied to new surfaces.
Additional coats may be required by the work write-up or to obtain full coverage.
(D) Exterior wood surfaces shall be covered with latex based paint unless
otherwise directed by the work write-up or specifications. All pressure treated
wood shall be painted with oil based paint.
5.3 SELECTION:
(A) Owner shall be provided an adequate color selection guide (brochure chart, etc.)
with a wide range of colors to choose from. Contractor shall assure that paint
selected is appropriate for surface (masonry, exterior wood, etc.).
(B) Owner's choice shall be documented in order to avoid disputes regarding color.
6.0 CEILING FANS Exhibit 3
(A) Install Hunter Exterior Fan model number 23696 or equivalent. Color to be
selected by Owner.
7.0
(A) Exterior porches shall be thoroughly cleaned and sealed with a bonding agent
associated with the proposed new surfacing material. Prior to applying the
bonding agent, all patching of damaged areas should be performed using epoxy
patching materials for proper bonding of new concrete areas with existing.
Exterior porch paint shall be DRYLOK® El 1-PART EPDXY FLOOR PAINT or
equivalent. Paint shall be applied as per manufacturer's instruction.
PSH 3II 4
ENVIRONAiENTAL TESTING & SVC. CO.
REPORT d MXW-I"-07
Clan(: Meridian
Community,19rvices Grua, Inc.
120E NW Ave.
G*wvile. FL 32W9
ATTN : Jay Moseley
Project; LIMITED ASBESTOS SURVEY for Ronovatlon—Bayshore Manor
5200 College Road
Key WesL FL
According to your inslrucAiona PM Environmental Testing E Service Co-, Inc. has completed a
LIMITED ASBESTOS SURVEY at the subject property (Project). ihs folowing pages or this report
contain the results of this Inspection. This ImAed asbeatos Mspe llon report preserds data that
describes the location of nsbosbs-rmtaining material (ACM) identified in the subject property. This
report is to be used as a program-plarxning toot for the proposed demolition, renovation, axuaucilon
andla mehnte dnoe activities scheduled at this facility. This survey was conducted on site by
EPAIAHERA trained professional'srspector(a).
This report is intended for the exclusive use of our clan. The lacings are relevant to the conditions
observed clunng Ero physical prose of performing the Inspection. These findir should not be
treated as absolute nor should they be rated upon b represent oondNbns at signllcanf y later dates.
PM Environmental Testing E. Service Co., Inc.
Dave Mederer
InspachorNamgament Planner
Asbestos License d ZA OW0205
Unolffdd w#houf seal
Peter Swarr, PE 044159FL
LAC #M
473 N, PINE hfEADOW DR. SUITE 109 DeHARY, FL 32713 38E.868.4545 Fax W.(158.4¢66
LOAITED ASBESTOS SURVEY for RoW a50n- eayshore Mans
5200 Co fte Road
Kay WaaL FL 10-"?
1.1 INTRODUCTION
PA*j was roofing mateririaalss found acted m the bufldi gMeridian to conduct a limited Asbestos known as 5200 College Road, Survey
K Y W�a suspect flooring and
The goal of the sampling and visual assessment is as follows:
1) Identify suspect asbestos -containing material for demolition, renovation, construction and/or
maintenance activities scheduled at this facility.
1.2 INSPECTION AND SAMPLING PROCEDURE
PiOa Inspection and sample collection procedures are based on the Environmental Protection
Agency (EPA) protocols.
An initial facility walk through is conducted to familiarize the inspector with the facility layout. The
facility is then divided Into functional spaces and suspect homogeneous materials are selected for
bulk sampling. Samples are collected and placed into separate, sealed plastic bags. Each sample is
individually numbered and sample information is entered onto a Field Data Sheet. Sample tools are
decontaminated after sample collection. The samples are delivered to an accredited laboratory for
analysis, accompanied by a completed Chain of Custody Form.
Suspect materials are divided Into three categories: surfacing materials (such as plaster and surface
coatings), thermal system insulation (TSQ (such as mudded TSI fittings, duct insulation, and pipe
insulation), and miscellaneous material (such as floor tile, drywall, and mastic). Asbestos -containing
materiels are classified accoMing to:
Friability ' Friable
. Non -friable
Friable materials are materials that, when dry, can be crushed, pulverized, or reduced to powder by
hand pressure. Prior to sampling, these materials are wetted with amended water to minimize
potential for incidental exposure or accidental fiber release. At the inspector's discretion, personal
protective equipment (PPE) is used as an added precaution.
Bulk samples are collected using EPA guidelines for the type of suspect material sampled. Where
practical, minimal damage will occur to facility structures or finishes. A particular suspect material
may be found In several different locations within a facility. The EPA does not require that these
materials be sampled in each location, provided the materials are of the same type, age, appearance,
have the same date of installation, and are sampled in accordance with EPA requirements to provide
statistically reliable date that can be extrapolated onto all remaining non -sampled areas.
Accredited inspectors determine the number of samples of each material to be collected, depending
on the materals category and the amount of material present.
IIO ENVIRONMENTAL TESTING A SM CO., INC. 3KWS.15/5
Pape 2
ASBESTOS LICENSE a M-00W205
UMrrED ASBESTOS SURVEY for Renovation - Baystm Mann
5200 college Reed
KeyweeLFL 104&W
1.3 METHODS OF LABORATORY ANALYSIS
Samples are analyzed in accordance with AHERA requirements using the following reference
methods:
• EPA Interim Method for the Detection of Asbestos in Bulk Insulation Samples (EPA 600/M4-
82020, December 1982).
• McCrone Research Institute's The Asbestos Particle Ages.
All bulk samples are analyzed using PLM visual area estimate (VAE). Friable materials containing
asbestos estimated at less than ten percent by PLM-VAE may be reanalyzed by PLM point counting.
Additional treatment and tests may be used as required to accurately define composition (i.e., ashing,
extractions, and TEM). All bulk sample laboratory reports are verified through an established quality
assurance (QA) procedure.
1.4 QUALITY CONTROL PROCEDURES
Laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP)
analyze all samples. These laboratories participate in the NVLAP, as well as the American Industrial
Hygiene Association (AIHA) Bulk Asbestos Sample Quality Assurance Program. PDA verifies all
sample data for accuracy by cross-referencing Field Data Sheets, Chain of Custody Forms, and field
notes.
1.5 DETERMINATION OF ACM CLASSIFICATION
The positive identification of asbestos in a material or product can only be made through laboratory
analysis. Visual inspection or common knowledge is not a positive test. The asbestos content of a
suspect material is determined by collecting a bulk sample and having it analyzed by PLM. The PLM
technique determines the specific type of asbestos present in the bulk sample and VAE provides an
estimate of the percentage of asbestos.
The EPA National Emission Standards for Hazardous Air Pollutants (NESHAP) - National Emission
Standard for Asbestos (40 CFR Part 61, subpart M) defines a non -friable asbestos -containing
material as any material with an asbestos content greater than one percent as determined by PLM
analysis. A friable material estimated to contain less then ten percent asbestos as determined by
PLM-VAE must be analyzed by PLM point counting and determined to contain less than one- percent
asbestos to order to be considered a non -regulated ACM.
A clarification memorandum issued by the EPA regarding the NESHAP regulation included the
following statement
~6 ENVrRON,VENTAL TESTM a SVC. CO., INC 39a6b8.I 5
Pap 3
ASBESTOS LICENSE a ZA-e000205
LIMITED ASBESTOS SURVEY for Renovadon — eeyshwe Maw
5100 COWW Road
Key west, FL 104-07
The parties legally responsible for a building (owner or operator) may take a conservative approach to
being regulated by the NESHAP. The responsible party - may choose to act as though the building
material is an asbestos -containing material (greater than 1%) at any level of asbestos content (even
less than 1% asbestos), Thus, B the analyst detects asbestos in the sample and estimates the
amount to be less than 10% by visual estimation, the parties legally responsible (owner or operator)
of the building may elect to assume the amount to be greater than 1% and treat the material as
regulated asbestos containing material or require verification of the amount by point counting.
1.6 INSPECTION LIMITS
The building was inspected for asbestos -containing materials while the building remained occupied.
All quantities of ACM are to be field verified. This Is a limited survey and no representations are
made as to the material quantities.
1.7 STATEMENT OF INACCESSIBILITY & ASSUMPTIONS
There are certain spaces within a building that cannot be accessed during the course of a normal
survey without demolition activities. Those areas would include, but are not limited to:
• The Roof (is assumed asbestos containing material) unless noted.
• All Roof mounted structures
• Material above hared ceilings and behind walls
• Tunnels, which are enclosed, very small or unsafe.
• Boiler Breeching and ducts that are enclosed with steel or other materials without
access doors or panels.
• Inaccessible interior boiler Insulation or gasket material,
• Floor file and other vinyl flooring are presumed nonfriable asbestos containing
material unless noted in this report.
• Materials located at a height not accessible by ladders or other means.
• Areas that cannot be accessed due to possible asbestos exposure issues to the
building occupants.
• Underground pipelines.
• Electrical system
• Areas that cannot be accessed due to security or key concerns.
Suspect materials not previously Identified In this report may be encountered during any renovation
and/or maintenance activities. These materials should be assumed asbestos containing material until
sample collection and subsequent analysis prove otherwise.
FAAENVN20NMENTAL TESTMO &SOC. CO., Wr— 388.868.1645
P•N• •
ASBESTOS LICENSE N ZA-6060205
LIMITED ASBESTOS SURVEY for Renovation— Bayst m Manor
5200 Colege Road
Key West, FL 10-e47
1.8 INSPECTION DATE AND INSPECTOR INFORMATION:
P*A employee Randy Flowers inspected the building on September 10, 2007.
2,0 FACILITY CONSTRUCTION INFORMATION:
Unknown construction history
2.1 FACILITY MAINTENANCE AND/OR RENOVATION HISTORY
Unknown
2.2 SUSPECT MATERIAL SUMMARY
• Roofing Materials
• 12 x 12 Beige, Blue Vinyl Flooring
• 12 x 12 Blue, White Vinyl Flooring
• 12 x 12 White, Grey Specks
• 12 x 12 Grey w/White Flecks
2.3 RESULTS
There was a total of twenty-three (23) bulk samples (excluding of all potential sub -samples) of
suspect materials collected and analyzed. Thirty-three (33) samples were analyzed by EPA 600/R-
03/ 16 Method. Based upon our visual observations, bulk sampling of suspect materials and
subsequent microscopic analysis, we have determined that Asbestos Containing Material (ACM) was
detected in the Rooting Material Samples:
BAY-RI-1 Mechanical Room Roof 4.0% Chrysolite Asbestos
BAY-R2-1 Main Roof 5.0% Chrysotile Asbestos
BAY-R3-01 Porch Roof 3.0% Chrysotile Asbestos
2.4 SUMMARY AND CONCLUSIONS
AbA was contracted by Meridian to conduct a limited Asbestos Survey of the suspect flooring and
roofing materials found in the building known as 5200 College Road, Key West, Florida.
Conclusion.•
• The Roofing Material from the Mechanical, Porch and Main Roof is a non -friable asbestos
containing material.
• The EPA NESHAP (40 CFR Part 61, Appendix A to Subpart M classifies the roofing materials
as Category 1, non -friable ACM. Removal is not required by NPSHAP provided the demolition
activities do not subject this material to cutting, sanding, grinding, abrading, or otherwise
rendering them friable during demolition.
FAO, ENVIRONMENTAL TESTING a SVC. CO., WC. 3a6.668AM5
Page 5
ASBESTOS LICENSE 0 24-060g205
UMI7ED ASBESTOS SURVEY For Rena to -Beydh Mann
52DO Cobpe Road
Key Weal. FL 1D-6-07
2.5 RECOMMENDATION
That this survey be used to identify asbestos containing material and components prior to any
planned demolition, renovation, and/or maintenance activities.
1. Suspect materials not previously identified in this report may be encountered during any
renovation and/or maintenance activities. These materials should be assumed asbestos
containing material until sample collection and subsequent analysis prove otherwise.
2. The EPA NESHAP (40 CFR Part 61, Appendix A to Subpart M) classifies the rooting materials
as Category 1, non -friable ACM. Removal is not required by NESHAP provided the demolition
activities do not subject this material to cutting, sanding, grinding, abrading, or otherwise
rendering them friable during renovation or demolition.
3. Demolition must be in compliance with 29 CFR 1926.1101-0SHAs Asbestos Standard.
Aq ENVIRONMENTAL TESTMG & SVC. CO.. INC. 3666681545
Pepe 6
ASBESTOS LICENSE # Z4-WW206
sent By: N; 1; Bap-21-07 12:18; Page 1
SCHNEIDER LABORATORIES
INCORPORATED
2512 W. Cory Shoal • RkrmmmL VkgON, • 23220,5117
804363477 - NO-785-LABS (5227) • (FAX) 8"961475
ENAWyerree fn Sereke end Todmolcgy
AINAIELLAP 10007, NVLAP 10116044 NYELAPANELAC 11413. CAEL P 20M NC 0s3, SC 01103
LABORATORY ANALYSIS REPORT
Asbestos ItlmNMcelkn by EPA MmMne 8 WMM2f020
ACCOUNT R 1491-07-1435
DATE COLLECTED: 911012007
CLIENT: PbOS ENV TESTING & SERVICES INC
DATE RECENEA: 911OM7
ADDRESS: 473 N PINE MEADOW DR
DATE ANALYZED: 9202007
DESARY, FL 32713
DATE REPORTED: 9212007
PROJECT NAME: MBFkN M
JOB LOCATION: Boyshma Homes
PROJECT NO.:
PO NO.:
BamplaType: SULK
Client 3u 0ampw
sample SempW MN4MpaftW
PLM Analyala Romoks
NO. L%WN) LayerNsme
Aabrtw POus Dow MslNlala
SAY,Rt-01 2947WM Mach ROOM Saw Comer
Layer 1: Rooiklg Mabrlal
4% CNRMTILE 98% RON FIBROUS MATERIAL
Black. Bllwnlnous
BAY-RI-02 29470877 Much Rown BE Corner
Layer 1 Roo1Ng MamW
_ Not snswadCho toposm" stop lnalnolk"".
BAY-RI-W 29470878 Mach ROOM Cenlx
Layer 1: Roofing Mookead
_ Notsnsge88wto poNare atopinsbuotloro
BAY-R2-01 29470879 Mein Roof N
Layer 1: Roo"
so CMN MT" 95% NON FISROU9 MATERIAL
Black, 8ilumlnous
TOW Number of Paget In Report: 0
Raauba (Male Duty b m nplae as recNvec by 0to laboratory. VlaOwww.alahkwam for oLffmo artmab om
8arrpMsanary+ hy*m EP.{7asfAhNop as rugYNbO»A orw NlWsYs(aaooPYhdpdh0mebk boamewms. Geeemslc
wedlo daan
Sent By: a;
1; Sep-21-07 12:18; Page 2
Account - Workorder 1491-07-UM (Contilmd)
Page 2 (Continued)
cwn
eu ample
ample
ae Pw aswe"caYrd
PLMAnayUa ResWh
NO,
LOBWID Layer'-
Ammw Fiber
a Oarr Merdeia
BAY42-02
20470680 Main Roof S
Layer l:
Rwkq
lea ans"M dr a pwMw atop igaucdow.
BAY-112-09
29470881 Mein ft&Cer r
Lager l:
Roofing
Nelanalp" dr to poeaive step Baawtleea.
BAY-11301
29470W Porch N
Layer 1:
Rooling
0%CNRYSOTILE
97% NON FIBROUS MAIMRM.
RhICk. BBUMkwue
Layer 2:
Soft hAWW
MMO Osbcba
100% NON RBROUS MATERIAL
Yoft. Soft
13AY-R3-02
2%70883 Porch S
Layer l:
Rooftng
Not nwytW do to posidw atop Nsouctim,
Lavor 2:
Soft Matadei
N"OebcNe
100% NONFIBRWSIMTERAL
While, Soft
BAY-RS-03
29470884 Porch Centr
Layer, 1:
Roving
Not anayaW do, to poaWva aloe kwarucaa w.
Layef2:
WMO"
None Oe%aee
1e0% NON FIBROUS MATERIAL
White, Soft
BAY-TI41
29470585 Food Sbraye N
Layr 1:
Vinyl Floor TBe
Nona De
100% NON FIBROUS MATERIAL
MitaGray. Organically Bound
TOW Nwnar of Pall" In Report a
p mtlNr WwAan nce. 9ravhneela
rein awahw e" a repoft"ur
MPM&ad ex0eprin ad "Ar fie
Sant By: 8: 1i
Sep-21-07 12:16; Page 3
Amount -WorkaNer 1491-07-1435 (C On em
Pegs 3 (Continued)
come
31.1 swa*
(Ample
sm"W Idenoacavw
KA Analysis Results
No,
Lwwro L"W', ns
Aebeeloe Fibm
cow obiwiale
LaVw2:
LAedc
NNN Weeded
t4B% NONFBROUSNATERML
Yellow, Soft
BAY TI-02
29470M Food Storage S
Layw 1:
Vinyl FburTie
Nom OName
100% NON FIBROUS MATERIAL
VftWO ay, Orp mCady Bound
Layer2:
Vmft
None oemcrs
100% NWFORq!$wTE1WL
YOwn Soil
BAY-TI-O3
29470887 Foos storage cwdw
Layer l:
Vinyl Floor Tile
Nam OeleLLee
rro% NWFROWWrATERIAL
MAO". Organically Bound
Layer2:
Mesdc
None OeN
100% NON FIBAMMATERIAL
Yeiow, Salt
BAY42-01
29470688 101chan N
Layer 1:
Vinyl Floor 1%
None Deloa4e
35% CULLULOW FIBER
Beige. Orp.Boundwbous
84% NW FOROUS MATERIAL
BAY-T2-02
29470M Kkat n S
Layer 1:
Vinyl Floor Tile
Nam DM dW
35% CELLULOW FlaER
Balm Org.BounclWi xcus
115% Nd1 FEROUS MAMA.
BAY-T2-03
29470M 10lolan Center
Layert
Vinyl Floor Tile
Nam oeReNe
eNL � Fvm
Sallie, Org.SoumbFbreus
60% NW FIBROUNI ATEPonL
BAY-T3-W
2947001 gnep Room N
Layer t:
Vinyl Floor T%
tbrN Oenaeu
t00% NON FlBROUSMATOW
Slus, Orpanbe%y Bound
TOY Nwnbw O Pepes in Raport 8
Results lYelB owy to awnpl a es mcoWW by the to wbry. VtrR wew,slobbaoom for ourrantoed Nceb".
Sarr4uAe enpzed/ryIM EA1 ieillMModan aryWloare erieRRrsdsOAt PYeNeNa^a This
MOximnoe.OoftlWla
IeARablrerMC0leenaylNNnIL'OwawldedSYea argeNtayodNtl eMMWF, TMs eNaled llYelaPelN19an4d
1%erpafff KRNaeiWnW b*iLmdlo bWN% Pwo0woovi 7NarywrtmwfmttN tspoobgQaxoWil My mMIM
eppoMdMe MN M+dmwf notice ueedto aMFn NVfAPoradNrnovteoNlcrantlononwk.
Bent By: a; 1; sap-21-07 12:17; Page 410
Account - WWko"W 1491.07-1435 (Continued) Page 4 (Continued)
cmm aU au,4"
somp0 Sampler d°ed1k;mfp1V PLM Ana" ReaaRa
No. L%WD Layer Name Aabealn Fibers oommmmaN
La1mr 2: VMyl Fbor 711e New OeNOW tee% NOR FIBROUSMATERNL
White, CrpanioNy Bound
No naeho found
8AY-T3-02 29470892 N "ON
Layer 1: Vkry1 Floor Tilo Nom DNeehO 100% NONFUNit=MATERIAL
Whits. OgWkWy Bound
Layer 2:
Maaac
Noes 010ecw0
IM NON FIBROUSMATFRNL
YaBowr Soft
---
No blue WMMI floor the RNNd.
BAY-T3-03
2947M South Hall
Layer 1:
Vinyl Floor Tile
New Oe%ded
100% NONFOROUSMATSUAL
Where, Orga** Bound
Layer2:
MaaRc
Nateneteds0
100% NON POROUS MATERIAL
Yellow, $OR
No blue vinyl tBe found
BAY-T3-04
20470SQ4 Dining Roan 3
LOW 1:
Vinyl Floor Tile
None DeNdrd
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SECTION 00501
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and a corporation, as Surety, are bound
to herein called Owner, in the sum of
$ for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated 20_, between
Principal and Owner for construction of I the
contract being made a part of this bond by reference, at the times and in the manner
prescribed in the contract; and
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract and;
3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and
attorney's fees, including appellate proceedings, that Owner sustains because of a
default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any action instituted by a claimant under this bond for payment must be in accordance
with the notice and time limitation provisions in Florida Statutes, Sec. 255.05 (2)
Any changes in or under the contract documents and compliance with any formalities connected
with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON
20_
BY
(NAME OF PRINCIPAL)
(AS ATTORNEY -IN -FACT)
(NAME OF SURETY)
May 07 2000 2-38PM HP LASERJET FAX
i
[' •ill �..
May 7, 2008
Leslie Robinson, Project Managam
Meridian Community Services Group
1111 th Street,
Suite #102
Key West, FL 33040
Re: Baysbore Manor Rehabilitation Project -Wage Decision # FL20070051
Dear Ms. Robinson,
Please be advised that as the succcessful bidder for the above -referenced contract I
am aware that the wage decision for this type of construction falls under the
Parameters of Residential, It is my understanding that General Decision Number
FL20070051 applies.
Sincerely,
Alexander Varela,
President
The Aledan Group, Inc.
1.239.200.0127
The Aledan Croup, Inc.,'' sales Center/Office130153W It9°i PFeca, A 4611 Lee Blvd
suite 165, Miami, FL 33176 Lehigh Acres, FL 33971
Alexander Varela 7(239) 200.0127
Pedro Martinez 1(305)300-9776
Facsimile (P Pax) 1(941) 994-Q20
Email lmilWcbxe: 1rift&dMhan+e4 corn
Address: ale
P.1
ACORD. CERTIFICATE OF LIABILITY INSURANCE °"OW23/2oo"''8
os/z3na
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BUILDING TRADES ASSOCIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1181 South Rogers Circle Ste 1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Boca Raton, FL 33487 1 ALTER THE COVERAGE AFFnRGFn RV THP DAI Irlec me.. .
INSURED
The Aledan Group, Inc.
INSURERS
INSURERS AFFORDING COVERAGE
NAUTILUS INSURANCE COMPANY
NAIC N
NSURERS:
9340 SW 146th Street
Miami, FL 33176
INSURER C.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
RSR
POLICYNUYBER
POLICYEFFECTIVE
POLICY EXPRATION
A
GENERAL
X
LUIBILITY
CIXMAERCULLGENERALLIABILITY
CWMSMADE ❑X OCCUR
DWners8Contfectors
NC767086
5/23/2008
5/23/2009
LIMBS
EACH OCCURRENCE
$ 1,000,000
P ISES IE
NEDE%PIM onePereon
f 50,000
s 1 000
PERSONAL&ADVINJURY
$1,000,OOQ
X
$2,500 DEDT. BI/PD
GENERALAGGREO.ATE
s 2000000
GENT.
AGGREGATE
POLICY
OMRAPPLIE3 PER:
RO- LOC
PIECT
PRODUCTS-COMP/OP AGO
f 1 OOO,OOO
JALLOWNEDAUTOS
AUTOMOBILE
LIABILITY
AUTO
EOULEDAUTOS
' G
i 1
COMBINED SINGLE LIMIT
(Ea annJtleM)
$
BPOIDILYINJURYE
pe.)DAUTOS-OWNEDAUT03
BODILY INJURY
(PereccMenC
f
PROPERTY DAMAGE
(PeracddeM)
E
6ARAOE MBILITY
ANY AUTO
AUTOONLY-EAACCIDENT
$
OTHER THAN EAACC
AUTO ONLY: AGG
S
$
OICE8SIUMBRELLA
LIABILITY
OCCUR CLAIMSMADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
f
AGGREGATE
E
f
E
f
WORKERSCOMPENSATIONAND
EMPLOYERS' LIABILITY
ANY PROPRIETORPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
Nyyeaa CseWbeurdar
8PECULL PROVISION8IelowL
OTHER
-
WCSTATU. OTH-
E.L.EACHACCIDENT
$
E.L. DISEASE -EA EMPLOYEE
f
E.L. DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLESI EXCLUSKRS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
GENERAL CONTRACTOR ' 10 days due to Non -Payment of Premium.
Project: 5200 College Road, Key West, FL 33040
rPRTIPIr ATC Mn1 nee
Monroe County Board of County Commission
ATTN: Risk Management
1100 Simonton Street, Room 268
Key West, FL 33040-
Is named as additional Insured
SHOULD ANY OF THE ABOVE DESCRIBED FoucY8
THE EXPIRATION
DAIS THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL 30• DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER m8 AGENTS OR
8 Co., Inc. -Ft. Lauderdale
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
QAllstate.
You re in Hood ham..
CERTIFICATE OF INSURANCE
0
ALLSTATE INSURANCE COMPANY
HOME OFFICE - NORTHBROOK, IL 60062
hereby certifies that the following insurance is in force:
POLICYHOLDER POLICY NUMBER
MP CONTRACTORS SVC LLC 048909331 BAP
131 NE 9TH AVE
CAPE CORAL, FL 33909-2516
The person or organization designated below is described in the policy as:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
1100 SIMONTON ST 268
KEY WEY. FL 33040-3110
Coverages designated are afforded as stated below:
ECTIVE DATE
CERTIFICATE
06/21/08
POLICY PERIOD
06/21/08 TO 06/21/09
AT 12:01 A.M. STANDARD TIME
LIENHOLDER (Loss Payable Clause)
ADDITIONAL INTERESTED PARTY
X ADDITIONAL INSURED
X CERTIFICATE HOLDER
Basis of Coverage:
LIMITS OF LIABILITY $ 500,000/$ 1,000,000 PER PERSON/PER ACCIDENT
$ 100,000 PROPERTY DAMAGE
ANY"AUTO"
OWNED "AUTOS" ONLY
X SPECIFICALLY DESCRIBED "AUTOS"
HIRED "AUTOS" ONLY
NONOWNED "AUTOS" ONLY
OWNED PRIVATE PASSENGER "AUTOS" ONLY
OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER
OWNED COMMERCIAL "AUTOS" ONLY
To the person or organization stated above:
This policy, as respects the interest of the loss payee, additional interested party, additional insured or certificate
holder named herein, may be cancelled by the Company during the policy period by giving such person or organ-
ization 10 days written notice at its last address known to the Company.
Proof of such mailing is deemed sufficient proof of such notice.
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by
the policy referred to above.
BU1985 10 03 (20- 1 -r ^a n
PAGE 1 OF 1
BU114R-3 Pt 1_e_j a-,71 (:� r P. �n
Allstate.
You re In Hood hands.
POLICY NUMBER 048909331 BAP
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
SCHEDULE
Name and Address of Person or Organization:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
1100 SIMONTON ST 268
KEY WEY, FL 33040-3110
A. The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of
an "insured" and only to the extent of that liability.
B. CANCELLATION
1. It we cancel the policy, we will mail or deliver notice to such person or organization in accordance with the
Common Policy Conditions.
2. If you cancel the policy, we will mail or deliver notice to such person or organization.
3. Cancellation ends this agreement.
SU1114(1-93)
BU114R-3
4
11:11 JUL 01, 2008
FP: STRCEY SWEENEY #13726 FRGE: 2/2
ACORD,.
CERTIFICATE OF LIABILITY
INSURANCE
07/a 12 081
MOD CER
Affiliated Agency Ops
16 South River Street
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Wilkes-Barre, PA 18702
Tel: (800) 673-2465 Fax: (570) 825-0611
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Employee Leasing Solutions, Inc.
INSURERA'. E@MGUARDinwwO,CwTEny
14702
INSURER B'.
Phone: (941) 746-6567
INSURER C.
1401 Manatee Ave W. Suite 600
Bradenton, FL 34205
INSURER D'
INSURER E
fNUT/][hYN1�
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
D-1
POMCYEFFECTNE
POLICY EXPIMTON
EACH OCCURRENCE
$
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
DAMA PREMISES o ED
a ccurence
$
CLAIMS MADE OCCUR
MED EXP An ono ,n
PERSONAL & ADV INJURY
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY JEFF LOC PRO
PRODUCTS
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ee.c dut)
$
BODILY INJURY
)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accidwi)cltlenl)
IS
(Por actl wtAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
HAN EA ACC
$
AUTO ON
AUTO ONLY: AGG
$
EXLESSNMSEELU
OCCUR ❑ LIABRITY
CLAIMS MADE
, /
Yr
EACH OCCURRENCE
$
AGGREGATE
$
8
E
DEDUCTIBLE
RETENTION $
EMVftTjnV1011AAD
TU
X TOM LIMB$ ER
E.L. EACH ACCIDENT
$1,000,D00
A
ANY Ppa pR ETp{�ppRTI�1p/FkECUTNE
OFEI CEWMEMBER EXCLUIIEO?
Ifyes de0 l0e undw
SPECIALPROVISIONSOMp.Y
EMWC904495
05/19/2008
01/01/2009
E. L. DISEASE EA EMPLOYEE
s+,00O.000
ELOISEASE POLICVLIMIT
$1.000,000
OTHER
Client ID: #2307262
Valid in the State of Florida
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROWSx1NS
COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF: EastGUARD Insurance Company
MP Contractors Service LLC carries an A.M. Best
Qualifiers Name: Michael Padron Rating of A- (Excellent)
and a financial size FIDBnohdaL�gei
Aprox active employee court: 3 � � . � Kin �� �T
Catcgory of VIII „"«e
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FI 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER YRLL ENDEAVOR TO MAIL 30 DAYS YIRNTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SMALL
IMPOSE NO OBLIGATION OR UABIURY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
DIUI:B:;IU i.
14 l-edctv, G Y ,o , _ne---.