Project Manual
MONROE COUNTY
PROJECT MANUAL
C-905 STRIPING
I(EY Li\.RGO
Monroe COUl1.ty,
Florida
BOARD C)F CC)LJt\~TY CC)tv1MISSIC)NERS
Wilhelrrlina G. Harvey, Distr-ict 1
Mayor Prc)- Tem ~Jack London, District 2
tvlayor [)r-. Shirle)/ FreenlOtl, District 3
Keith L. DougJoss, District 4
Mary r<ay Reic:h, District 5
C()LJNTY ADMlt~ISTRATOR
.Janles L. Roberts
CLER~( OF THE CIRCtJIT COURT
C-anny L. K<:)lhGge
DiRECTOR OF PUBLIC \^lORKS
Dent Pierce
COU~\JT'( ENGIt\!EER
David S. f<oppel, P.E.
October '1996
Prepared By:
tv10NROE COU~~T\( PUBLiC WORKS
ENGtNEERlt\lG DEPARTMENT
SECTION 00001
TABLE OF CONTENTS
C-905 STRIPING
Key Largo
Monroe County, Florida
1. BIDDING DOCUMENTS
Section 00030 Notice of Calling for Bids (pp. 1-2)
Section 00100 Instructions to Bidders (pp. 1-10)
Section 00110 Bid Proposal (pp. 1-8)
Section 00163 Pre-Bid Substitutions (pp. 1-6)
Section 00300 Scope of Work (p 1)
Section 00350 Milestone Schedule (p. 1)
2. CONTRACT DOCUMENTS
Section 00500 OWNER/CONTRACTOR Form of Agreement (pp. 1-8)
3. CONDITIONS OF THE CONTRACT
Section 00750 General Conditions (pp. 0-31)
Section 00800 Supplementary Conditions (p. 1)
Section 00900 Supplementary Insurance Documents (pp. 1-11)
Section 01000 Special Conditions (pp. 1-3)
4. GENERAL REQUIREMENTS
Section 01025 Measurement and Payment (pp. 1-3)
Section 01027 Application for Payment (pp. 1-7)
Section 01301 Submittals (pp. 1-6)
Section 01595 Construction Cleaning (pp. 1-2)
Section 01630 Post-Bid Substitutions (pp. 1-5)
5. TECHNICAL SPECIFICATIONS
Section 02580 Traffic Markings (pp. 1-2)
6. DRAWINGS
Page 1 of 1 Striping Plan at intersection of C-905 and U.S. 1
9/19/96
TABLE OF CONTENTS
00001-1
SECTION 00030
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on -October 29,
1996, at 10:00 A.M., at the Purchasing Office, a Committee consisting of the
Director of O.M.B., the County Administrator, the County Attorney, and the
Division Director of Public Works, or their designees, will open sealed bids for
the following:
C-90S STRIPING
Key Largo
Monroe County, Florida
All bids must be received by the Purchasing Office, 5100 College Road,
Public Service Building, Cross Wing #002, Stock Island, Key West, Florida
33040 on or before 10:00 A.M. on October 29, 1996.
All bids, including the recommendation of the County Administrator and the
requesting Department Head, will be presented to the Board of County
Commissioners of Monroe County, Florida, for final awarding or otherwise.
The Board will automatically reject the bid of any person or affiliate who
appears on the convicted vendor list prepared by the Department of
General Services, State of Florida, under Section 287. 133(3)(d), F.S. (1989).
All bidders must submit two (2) signed originals and one (1) complete copy
of each bid in a sealed envelope marked on the outside, "Sealed Bid for C-
905 Striping". All bids must remain valid for a period of ninety (90) days.
The Board reserves the right to reject any and all bids, to waive informalities
in any <Jr all bids, and to readvertise for bids.
The Board also reserves the right to separately accept or reject any item or
items of bid and to award and/or negotiate a contract in the best interest of
the County.
Specifications can be examine9 and obtained at the office of the Monroe
County Purchasing Department, Public Service Building, Stock Island, Florida
9/30/96
NOTICE OF CALLING FOR BIDS
00030 - 1
33040, (305) 292-4464, in accordance with the Instructions to Bidders.
Questions are to be directed to Public Works Division, Engineering
Department, (305) 292-4426.
DATED at Key West, Florida, this _ day of
John Carter
Director of O.M.B., for
Monroe County,
,19_.
9/30/96
NOTICE OF CALLING FOR BIDS
00030 - 2
SECTION 00100
INSTRUCTIONS TO BIDDERS
To be considered, Bids must be made in accordance with these Instructions
to Bidders.
ARTICLE 1 - DEFINITIONS
1.1 Terms used in these Instructions to Bidders which are defined in the
General Conditions shall have the same meanings or definitions as
assigned to them in the General Conditions.
1.2 Bidding Documents include the Notice of Calling for Bids, Instructions
to Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work and
Milestone Schedule, Contractor's Qualification Statement, other
sample bidding and contract forms and the proposed Contract
Documents including any addenda issued prior to receipt of Bids. The
Contract Documents proposed for the Work consist of the Standard
Form of Agreement, General Conditions, Supplementary Conditions,
Supplementary Insurance Documents, Special Conditions, General
Requirements, Technical Specifications, Drawings, and other sample
. c:ontract forms.
1 .3 Addenda are written or graphic instruments issued by the Owner
through the County Engineer prior to the receipt of Bids which modify
or interpret the Bidding Documents by additions, deletions,
c:larifications, or corrections.
1 .4 A Bid is a complete and properly signed proposal to do the Work for
the sums stipulated therein, submitted in accordance with the Bidding
Documents.
1 .5 The Base Bid is the sum stated in the Bid for which the Bidder offers to
perform the Work described in the Bidding Documents as the base, to
which may be added or from which Work may be deleted for sums
stated in Alternate Bids.
1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be
added to or deducted from the amount of the Base Bid if the
corresponding change in the Work, as described in the Bidding
Documents, is accepted.
6/17/96
INSTRUCTIONS TO BIDDERS
00100-1
1.7 An Owner Option Bid (or Option) is an amount stated in the Bid, which
can be exercised by the Owner through the County Engineer, for the
corresponding change in the work as described in the Bidding
Documents. This Owner Option can be exercised at any time during
the contract duration.
1 .8 A Unit Price is an amount stated in the Bid as a price per unit of
measurement for materials or services as described in the Bidding
Documents or in the proposed Contract Documents. Unit prices shall
apply to add and deduct change orders and shall include all
overhead and profit.
1.9 ,A Bidder is a person or entity who submits a Bid.
1.10 ,A Sub-bidder is a person or entity who submits a bid to a Bidder for
materials or labor for a portion of the Work.
1 .11 The term 'provide' means 'furnish and install'. Wherever 'provide' or
'furnish and install' are used, this shall mean the complete purchase
and installation, per the specified or implied requirements.
1 · 12 The term 'perform' refers only to installation and requires full
, (:ompliance with the specified or implied requirements.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2. 1 Bidders may obtain complete sets of the Bidding Documents from the
issuing office designated in the Notice of Calling for Bids for the
stipulated deposit sum. Deposits should be made payable to Monroe
C:ounty, Florida. Bidders who return the Bidding Documents in good
c:ondition within (1 0) calendar days after award of the contract, will
t)e refunded the deposit sum. If pages are written on, drawings are
torn, or if the issuing office considers the Bidding Documents unusable,
then the deposit will be forfeited.
2.2 Bidders shall use complete sets of Bidding Documents in preparing
Bids. Neither the Owner, his agents, nor the County Engineer assume
any responsibility for errors or misinterpretations resulting from the use
c.f incomplete sets of Bidding Documents.
ARTICLE 3 - EXAMINATION OF BIDDING DOCUMENTS AND SITE
3.1 Before Submitting a Bid:
6/17/96
INSTRUCTIONS TO BIDDERS
00100-2
A. Each Bidder shall thoroughly examine all the Bidding
Documents.
B. Each Bidder shall visit the site to familiarize himself with local
conditions that may in any manner affect the cost, progress, or
performance of the Work.
3.2 The lands upon which the Work is to be performed, right-of-ways for
access thereto and other lands designated for use by the Contractors
in performing the Work are identified in the General Requirem~nts or
shown on the Drawings.
3.3 Each Bidder shall study and carefully correlate his observations with
the Contract Documents.
3.4 The submission of a Bid will constitute an incontrovertible
representation by the Bidder that he has complied with every
requirement of Article 3 and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding
()f all terms and conditions for performance of the Work.
ARTICLE 4 - INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS
4. 1 Bidders and Sub-bidders shall promptly notify the County Engineer of
any ambiguity, inconsistency or error which they may discover upon
examination of the Bidding Documents or of the site and local
conditions.
4.2 Bidders and Sub-bidders requiring clarification or interpretation of the
Bidding Documents shall submit their questions in writing to the County
Engineer no later than ten calendar days prior to the date for receipt
of Bids. Any interpretation, correction or change of the Bidding
Documents will be accomplished by Addenda mailed or delivered to
all parties recorded as having received plans. Copies of Addenda will
also be made available for inspection wherever Bidding Documents
are on file for that purpose. Interpretations, corrections, or changes of
the Bidding Documents made in any other manner will not be binding,
and Bidders shall not rely upon such interpretations, corrections, and
changes. Oral and other interpretations or clarifications will be
\^lithout legal effect.
ARTICLE 5 - BIDDING PROCEDURE
6/17/96
INSTRUCTIONS TO BIDDERS
00 1 00-3
5.1 FORM AND STYLE OF BIDS
A. The Bid Proposal shall be submitted on the forms included in
Section 00110 of these Bidding Documents. Each of the forms in
Section 00110 must be properly filled out, executed, and
submitted as the Bid Proposal.
1 · Bidders shall photocopy documents included in the Bid
Package as being required for submission of Bids. Pages
shall not be removed from the Bid Package documents
for purposes of submitting bids. The return of Bidding
Documents from which pages have been removed, shall
result in forfeiture of the Bidding Document deposit.
2. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the
construction or repair of a public building or public work,
may not submit bids on leases of real property to public
entity, may not be awarded or perform work as
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 Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on
the convicted vendor list.
3. All forms contained in Section 00110 - Bid Proposal must
be fully completed and submitted as part of the Bid
Proposal.
4. The Bidder is required to submit as part of the Bid
Proposal:
a. A copy of a valid Monroe County Class I Engineering
Contractor's license (test $185.00, license $200.00), a
Specialty Striping License (license $150.00), or
b. A list of references for striping work performed on
public roadways.
6/17/96
INSTRUCTIONS TO BIDDERS
00 1 00-4
B. All blanks on the Bid Form shall be filled in with ink or by
typewriter.
C. Where so indicated on the Bid Form, sums shall be expressed in
both words and figures, and in case of discrepancy between
the two, the a.mount written in words shall govern.
D. All Bidders must submit copies of their Contractor's license with
their Bid.
E. Any interlineation, alteration, or erasure must be initialed by the
signer of the Bid.
F. All requested Alternates shall be bid. If no change in the
Base Bid is required, enter "No Change". Failure to comply shall
constitute a non-responsive bid.
G. All requested Allowances shall be bid. Failure to comply shall
constitute a non-responsive bid.
H. All requested Owner Options shall be bid. Failure to comply
shall constitute a non-responsive bid.
5.2 ADDENDA
A. Each Bidder shall ascertain prior to submitting his Bid that he has
received all Addenda issued, and he shall acknowledge their
receipt in his Bid.
B. No Addenda will be issued later than four calendar days prior to
the date for receipt of Bids except for an Addendum
withdrawing the request for Bids or one which includes
postponement of the date for receipt of Bids.
C. Copies of Addenda will be made available for inspection
wherever Bidding Documents are on file for that purpose.
5.3 SCHEDULING, MANPOWER REQUIREMENTS, PERMITS AND LICENSES
A. The overall schedule for construction is shown in the
Bidding Documents IIMilestone Schedule.1I
6/17/96
INSTRUCTIONS TO BIDDERS
00100-5
B. The Contractor will be required to provide adequate manpower
and equipment in order to meet the requirements of the
Schedule.
C. All required permits have been filed by Monroe County
and will be made available to the awarded Contractor
for signature. All permit fees will be waived.
5.4 SUBMISSION OF BIDS
A. Bids shall be submitted to Monroe County at the designated
location not later than the time and date for receipt of Bids
indicated in the Notice of Calling for Bids, or any extension
thereof made by Addendum. Bids received after the time and
date for receipt of Bids will be returned unopened.
B. Two (2) signed originals and one (1) copy of all bidding
documents are to be submitted. If the Bid is hand-delivered,
the envelope shall be filled out as follows:
1. In the upper left hand corner, place the Bidder1s name
and address.
2. In the center of the envelope, put the following:
Monroe County Purchasing Department
Public Service Building, Room 002
5100 College Road, Stock Island
Key West, FL 33040
3. In the lower left hand corner, put the following:
Bid for: ROADWAY STRIPING
Project: C-905 STRIPING
Key Largo
To be opened: October 29, 1996
at 10:00 A.M.
If the Bid is sent by mail, the sealed envelope shall be
enclosed in a separate mailing envelope with the
notation IISEALED BID ENCLOSEDII on the face thereof.
9/30/96
INSTRUCTIONS TO BIDDERS
001 00-6
And then address the mailing envelope in the
conventional manner.
C. The Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
D. Oral, telephonic, or telegraphic Bids are invalid and will not
receive consideration.
5.5 MODIFICATION AND WITHDRAWAL OF. BIDS
A. A Bid may not be modified, withdrawn, or canceled by the
Bidder during the stipulated time period following the time and
date designated for the receipt of Bids, except as provided in
Paragraph 5.6 Right to Claim Error in Bid, and each Bidder so
agrees in submitting his Bid.
B. Prior to the time and date designated for receipt of Bids, any Bid
submitted may be modified or withdrawn by notice to Monroe
County Purchasing Department at the place designated for
receipt of Bids. Such notice shall be in writing over the signature
of the bidder or by telegram. If by telegram, the written
confirmation over the signature of the Bidder shall be mailed
and postmarked on or before the date and time set for
receipt of Bids, and it shall be so worded as not to reveal the
amount of the original Bid.
C. Withdrawn Bids may be resubmitted up to the time designated
for the receipt of Bids provided that they are then fully in
conformance with these Instructions to Bidders.
D. No conditional, modified, or qualified bids will be accepted.
Bidders are to comply with the instructions on the bid forms, and
not make any changes thereto.
5.6 RIGHT TO CLAIM ERROR IN BID
A. Each Bidder's original work papers, documents, and
materials used in preparation of the bid shall be enclosed in an
envelope and marked clearly as to contents, must be received
by Monroe County Purchasing Department no later than 24
hours after the time and date for receipt of Bids, or any
extension thereof made by Addendum. Bidders who fail to
submit their original work papers, documents, and materials
6/17/96
INSTRUCTIONS TO BIDDERS
00100-7
used in the preparation of the Bid, as provided herein, waive all
rights to claim error in the Bid.
ARTICLE 6 - CONSIDERATION OF BIDS
6.1 OPENING OF BIDS
A. The properly identified Bids received on time will be
opened at the Monroe County Purchasing Department.
B. Any Bid not received by the Purchasing Department on or
before the deadline for receipt of bids designated in the Notice
of Calling for Bids will be returned unopened.
6.2 BIDS TO REMAIN OPEN
A. All Bids shall remain open for sixty days after the date
designated for receipt of Bids.
B. The Owner may, at his sole discretion, release any Bid Proposal
before the sixty days has elapsed.
6.3 ,l\ WARD OF CONTRACT
~A. The Owner reserves the right to reject any and all Bids
or any part of a Bid, to waive the right to disregard
all nonconforming, non-responsive or conditional Bids.
B. In evaluating Bids, the Owner shall consider the
qualifications of the bidders, whether or not the Bids
comply with the prescribed requirements, and alternates
and unit prices if requested in the Bid Forms.
c. The Owner shall have the right to accept Alternates in
any order or combination and to determine the low
Bidder on the basis of the sum of the Base Bid and the
Alternates accepted.
D. The Owner may consider the qualifications and
experience of subcontractors and/or other entities
(including those who are to furnish materials, or
equipment fabricated to a special design) proposed for
each of the principal portions of the Work as
identified in the Bid. Operating costs, maintenance
6/17/96
INSTRUCTIONS TO BIDDERS
00 1 00-8
considerations, performance data and guarantees of
materials and equipment may also be considered.
E. The Owner may conduct such investigations as he deems
necessary to assist in the evaluation of any Bid and to
establish the responsibility, qualifications, and financial ability of
the Bidders, proposed subcontractors, and other persons or
organizations to do the Work in accordance with the Contract
Documents to the Owner's satisfaction within the prescribed
time. The Owner has the right to conduct Bid Clarification
meetings with any bidder, to determine if bidder has bid the
Scope of Work in its entirety. Bidder shall be required to attend
bid clarification meetings, as necessary.
F. The Owner reserves the right to reject the Bid of any Bidder who
does not pass any such evaluation to their satisfaction.
G. If the Contract is awarded, it will be awarded to the Bidder
whose evaluation by the Owner shows him to be responsible
and has indicated to the Owner that the award will be in the
best interests of the Project.
. H. If the Contract is to be awarded, the County Engineer will issue
the Notice of Award to the successful Bidder within sixty days
after the date of receipt of bids. The Owner reserves the right to
return all Bids, not make any awards, and cancel the Project.
I. The Owner is tax exempt and reserves the right to purchase
directly various construction materials and equipment that may
be a part of the Contract. If the Owner elects to make a
particular purchase, the County Engineer will act as a
purchasing agent for the Owner. The Owner will, via a Purchase
Contract, purchase the materials and equipment, and the
Contractor shall assist the County Engineer in the preparation of
these Purchase Contracts, including providing to the Owner
appropriate tax credits.
6.4 EXECUTION OF CONTRACT
J~. The Notice of Award to the successful Bidder will be
accompanied by two (2) signed originals and two (2) copies of
the Contract Agreement and all other Contract Documents.
The Contractor shall sign and deliver all four (4) copies of the
Contract Agreement to the County Engineer, with all other
6/17/96
INSTRUCTIONS TO BIDDERS
00100-9
Contract Documents attached, including an original Insurance
Certificate within fourteeh (14) days after receipt of Notice of
Award. The County Engineer will return one fully executed copy
of the Contract Agreement to the Contractor with all other
Contract Documents attached within three weeks thereafter.
B. In the event that the Contractor does not comply with Article
6.4-A as stated above, the Owner may cancel the Award of
Contract and select the next responsive bidder or reject all bids.
ARTICLE 7 - SPECIAL LEGAL REQUIREMENTS
7.1 Each Bidder, before submitting his Bid, shall familiarize himself with all
Federal, State, and local laws, ordinances, rules and regulations that
may apply to the Work or that may in any manner affect the cost,
progress, or performance of the Work.
****************
END OF SECTION 00100
6/17/96
INSTRUCTIONS TO BIDDERS
00 1 00- 1 0
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of
the Bidding Documents as previously instructed herein.
6/17/96
BID PROPOSAL
00110-1
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for
the construction of:
C-905 STRIPING
Key Largo
Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having
become familiar with all local conditions including labor affecting the cost thereof, and
having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, mechanics, superintendents, tools, material, equipment,
transportation services, and all incidentals necessary to perform and complete said Work
and work incidental hereto, in a workman-like manner, in conformance with said
Drawings, Specifications, and other Contract Documents including Addenda issued
thereto.
The undersigned further certifies that he has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he
understands the conditions under which the Work is to be performed. The successful
bidder shall assume the risk of any and all costs and delays arising from the existence of
any subsurface or other latent physical condition which could be reasonably
anticipated by reference to documentary information provided and made available,
and from inspection and- examination of the site.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid
Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation
purposes only and that the final contract price will be determined from the actual
quantities measured for payment in accordance with the Contract Documents.
6/17/96
BID PROPOSAL
00110-2
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6/17/96
BID PROPOSAL
00 1 1 0-3
I acknowledge receipt of Addenda No.(s) . I have included
pages 1 through 8 of the Bid Proposal which entails the Proposal Form_,
the Non-Collusion Affidavit_, the Lobbying and Conflict of Interest
Clause_, and the Drug-Free Workplace Form _. Also include a copy of
valid licenses
{Check mark items above, as a reminder that they are included.}
Mailing Address:
Phone Number:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
6/17/96
BID PROPOSAL
0011 0-4
NON-COLLUSION AFFIDAVIT ,
I, of the city of according
to law on my oath, and under penalty of perjury, depose and say that:
1 . I am of the
firm of , the bidder making
the Proposal for the project described in the notice for calling
for bids for:
C-905 STRIPING
Key Largo
Monroe County, Florida
and that I executed the said proposal with full authority to do
so:
2.) the prices in this bid have been arrived at independently
without collusion, consultation, communication or agreement
for the purpose of restricting c.ompetition, as to any matter
relating to such proces with any other bidder or with any
competitor:
3.) unless otherwise required by law, the prices which have been
quoted in this bid have not been knowingly disclosed by the
bidder and will not knowingly be disclosed by the bidder and
will not be knowingly disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any
competitor: and
4.) no attempt has been made or will be made by the bidder to
induce any other person, partnership or corporation to submit,
or not to submit, a bid for the purpose of restricting competition:
5.) the statements contained in this affidavit are true and correct,
and made with full knowledge that Monroe County relies upon
the truth of the statements contained in this affidavit in
awarding contracts for said project.
6/17/96
BID PROPOSAL
0011 0-5
(Signature of Bidder)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me,
(name of individual signing) affixed his/her signature
in the space provided above on this _ day of , 19
NOTARY PUBLIC
My commission expires:
6/17/96
BID PROPOSAL
0011 0-6
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
II
II
(Company)
II... warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 01 0- 1990 or any County officer or employee in violation of Section 3
of Ordinance No. 010-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee".
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature in the space provided
(name of individual signing)
above on this
day of
, 19
NOTARY PUBLIC
My commission expires:
6/17/96
BID PROPOSAL
00 11 0-7
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with FI. Statute 287.087 hereby certifies
that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use.of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employees will abide by the terms of the statement and will notify the
~ employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of G1ny controlled substance law of
the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace
through implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Bidder's Signature
MCP#5 Rev. 6/91
Date
6/17/96
BID PROPOSAL
00 11 0-8
SECTION 00163
PRE-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 DOCUMENT INCLUDES: Pre-Bid Substitutions
1.2 BIDDER'S OPTIONS
A. For products specified 'only by reference standard, select
product meeting that standard, by any manufacturer.
B. For products specified by naming several products or
manufacturers, select one of products and manufacturers
named which complies with the Technical Specifications.
C. For Products specified by naming several products or
manufacturers and stating "or equivalent", "or equal",
or "or Architect/Engineer approved equivalent'l, or similar
wording, submit a request as for substitutions, for any product or
manufacturer which is not specifically named for review and
approval by the County Engineer.
D. For products specified by naming only one product /
manufacturer, there is no option and no substitution will be
allowed.
1.3 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the
bidding by submitting completed substitution request
form and substantiating product data/literature a
minimum of ten calendar days prior to the Bid Date to the
County Engineer.
2. The County Engineer will consider requests utilizing this
section from the Bidder for substitution of products in
place of those specified.
3. Those submitted 10 calendar days prior to Bid Date will be
included in an addendum if acceptable.
6/17/96
PRE-BID SUBSTITUTIONS
00163-1
4. Substitution requests may be submitted utilizing a facsimile
machine (FAX) if substitution request forms and
substantiating data are submitted.
B. Submit separate request for each substitution. Support each
request with:
1 . Complete data substantiating compliance of proposed
substitution with requirements stated in Contract
Documents:
a. Product identification, including manufacturer's
name and address.
b. Manufacturer's literature, identifying:
1 ) Product description.
2) Reference standards.
3) Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which
product has been used and date of each
installation.
2. Itemized comparison of the proposed substitution with
product specified, listing significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Designation of required license fees or royalties.
7. Designation of availability of maintenance services,
sources of replacement materials.
c. Substitutions will not be considered for acceptance when:
1 . Acceptance will require substantial revision of Contract
Documents.
2. In the judgement of the Owner or County Engineer, the
substitution does not include adequate information
necessary for a complete evaluation.
6/17/96
PRE-BID SUBSTITUTIONS
00163-2
D. The County Engineer will determine the acceptability of any
proposed substitution.
1.4 BIDDER'S REPRESENTATION
,A. In making formal request for substitution the Bidder represents
that:
1 . He has investigated proposed product and has
determined that it is equivalent to, or superior in all
respects to that specified..
2. He will provide same warranties or bonds for substitution
as for product specified.
3. He will coordinate installation of accepted substitution
into the Work, and will make such changes as may be
required for the Work to be complete in all respects.
4. He waives claims for additional costs caused by
substitution which may subsequently become apparent.
5. Cost data is complete and includes related costs under
his Contract, but not:
a. Costs under separate contracts.
b. County Engineer's costs for redesign or revision of
Contract Documents.
6. Cost data need not be submitted, if request is for inclusion
in an addendum.
1.5 COUNTY ENGINEER'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to
the party submitting the request.
1.6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
6/17/96
PRE-BID SUBSTITUTIONS
001 63-3
B. Substitutions will be considered only when the attached form is
completed and included with the submittal with all required
back-up data.
TO: Monroe County Engineer
5100 College Road
Key West, FL 33040
Ph: (305) 292-4426 FAX: (305) 295-4321
We hereby submit for your consideration the following product instead of
the specified item for the above project:
DRAWING NO.
DRAWING NAME
SPEC. SEC.
SPEC. NAME
PARAGRAPH
SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications
whic~ proposed substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove
equal quality and performance to that which is specified. Clearly mark
manufacturer's literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of
equal performance and assumes liability for equal performance, equal
design and compatibility with adjacent materials.
Submitted By:
Signature
Title
Firm
Address
City / State / Zip Code
Telephone
Date
6/17/96
PRE-BID SUBSTITUTIONS
00 1 63-4
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 Engineer: _Approved _Apvd as noted _Not Apvd
_Rec'd too late
Insufficient data received
By
Date
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:
6/17/96
PRE-BID SUBSTITUTIONS
00 1 63-5
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed
substitution; list significant variations:
H. Designation of maintenance services and sources: (Attach additional
sheets if required.)
****************
END OF SECTION 00163
6/17/96
PRE-BID SUBSTITUTIONS
001 63-6
SECTION 00300
SCOPE OF WORK
1.0 GENERAL SCOPE
1.1 The Scope of Work shall include, but not be limited to, all Work
shown on the plans, and in the specifications. The Contractor is
required to provide a complete" job as contemplated by the
drawings and specifications, which are a part of this bid package.
1.2 The Scope of Work consists of striping and installing reflective
pavement markers on C-905 located in Key Largo.
1.3 Provide all labor, supervision, materials, supplies, equipment, tools,
construction equipment, transportation, inspection, and proper
execution and completion of all Work as specified on the Drawings
and Technical Specifications included in this Bid Package and are
listed as follows:
TECHNICAL SPECIFICATIONS
02580 PAVEMENT MARKINGS
****************
END OF SECTION 00300
6/17/96
SCOPE OF WORK
00300- 1
SECTION 00350
MILESTONE SCHEDULE
This section contains the project milestone schedule. The Contractor is
required to study the applicable parts, or milestones, in order to determine
his proposed scheduling for the project.
The Contractor is to note the following special items.
a. Bid Due Date. . . . . . . . . . . . . . . . . . . . . . . . . .. October 29, 1996
b. Award Date (Anticipated) ............... November 12, 1996
c. Pre-Con Meeting (Anticipated) . . . . . . . . . .. December 19, 1996
d. Construction Start (Anticipated). . . . . . . . . .. January 7, 1996
*****************
END OF SECTION 00350
9/30/96
MILESTONE SCHEDULE
00350- 1
SECTION 00500
FORM OF AGREEMENT
This agreement is set forth as of the _th day of in the year of
between the OWNER who is THE BOARD OF COUNTY
COMMISSIONERS of Monroe County Florida: and the following CONTRACTOR:
Name:
Address:
Phone:
for the purpose of performing all of the Work required by the Contract
Documents for the following PROJECT:
C-905 STRIPING .
Key Largo
Monroe County, Florida
The Proiect has been desianed by MONROE COUNTY ENGINEERING DEPT.
who is hereafter referred to as the ARCHITECT/ENGINEER and who assumes
all duties and responsibilities and has the rights and authority assigned to the
ARCHITECT/ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
The OWNER and the CONTRACTOR agree as set forth as follows:
Article 1 - The Contract Documents
The Contract Documents consist of this Agreement, the Request for
Bid, the Conditions of the Contract (General and Supplementary), the
Supplementary Insurance Documents, the Special Conditions, the
General Requirements, the Technical Specifications, the Drawings,
and all Addenda issued prior to and all Modifications issued after
execution of this Agreement. These form the Contract, and all are as
fully a part of the Contract as if attached to this Agreement or
repeated herein. An enumeration of the Contract Documents
appears in Article 7.
6/17/96
FORM OF AGREEMENT
00500- 1
Article 2 - The Work
The Contractor shall perform all the Work required by the Contract
Documents for the following Scope of Work:
A. The Scope of Work consists of striping and installing reflective
pavement markers on C-905 located in Key Largo.
B. The Contractor shall: provide all labor, supervision, materials,
supplies, equipment, tools, construction equipment,
transportation, inspection, and proper execution and
completion of all Work as specified on the Drawings and
Technical Specifications.
c. The Specifications contained herein are considered to be the
minimum standards required. Construction shall comply with all
applicable Federal, State, Local codes and ordinances.
D. This agreement is to be governed by the laws of the State of
Florida.
Article 3 - Schedule
The Contractor shall commence Work to be performed under this
Contract no later that ten (10) calendar days from the Notice to
Proceed and shall be substantially completed no later than 60
calendar days from the Commencement Date. The Contractor also
agrees to be complete and ready for final payment in accordance
with the General Conditions no later than thirty (30) calendar days
from the Substantial Completion Date. Substantial Completion shall
be determined by the County Engineer.
The Owner and the Contractor recognize that time is of the essence in
this Contract and that the Owner will suffer financial loss if the Work is
not completed within the times specified above, plus any extensions
of time allowed in accordance with the General Conditions. They
also recognize the delays, expense, and difficulties involved in proving
in a legal proceeding the actual loss suffered by the Owner if the Work
is not completed on time. Accordingly, instead of requiring such
proof, Owner and Contractor agree that as liquidated damages for
delay (but not as a penalty), the Contractor shall pay the Owner one-
hundred dollars L$100.00) for each day that expires after the time
specified above for Substantial Completion until the Work is
Substantially Complete.
9/11/96
FORM OF AGREEMENT
00500- 2
The Owner and Contractor agree that work on the project will be
continuous from the commencement date through to the completion
date. Any demobilization once the work has started requires prior
approval by the Owner.
Article 4 - Contract Price
The OWNER shall pay the CONTRACTOR for the faithful performance
of the Work in accordance with the Contract Documents in current
funds not to exceed the following amount based upon unit prices and
actual quantities:
$
(WORDS)
(DOLLARS)
Article 5 - Payment Procedures
The CONTRACTOR shall submit Applications for Payment in
accordance with the General Conditions. Applications for Payment
will be processed as provided in the General Conditions. The OWNER
shall make progress payments on account of the Contract Price on
the basis of the CONTRACTOR'S Ap.plication for Payment as
recommended by the COUNTY ENGINEER once per month during
construction. All progress payments will be on the basis of the progress
, of the Work measured in accordance with the General Conditions
and Supplementary Conditions of the Contract. Payment will be
made approximately twenty (20) days from the submission of the
application if all documentation is complete, and if all work has been
accepted. If documentation is missing or work is unacceptable, then
the payment application will either be returned or held until the
County is satisfied as stated above.
Retention in the amount of ten percent (10%) will be withheld from
each progress payment until final payment is made.
Upon final completion and acceptance of the Work in accordance
with the General Conditions and upon submittal of all closeout
documentation, and compliance with F.S.255.05, OWNER shall pay the
remainder of the Contract Price, as recommended by the COUNTY
ENGINEER.
Monroe County's performance and obligation to pay under this
contract, is contingent upon an annual appropriation by the B.O.C.C.
Article 6 - Contractor's Representations
6/17/96
FORM OF AGREEMENT
00500-3
In order to induce OWNER to enter into this Contract, CONTRACTOR
makes the following representations:
1 . CONTRACTOR has familiarized himself with the nature and
extent of the Contract Documents, Work, site, locality,
and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, performance, or
furnishing of the Work.
2. The CONTRACTOR has studied carefully all reports of
explorations and tests of subsurface conditions and
drawings of physical conditions which are included in the
Contract Documents.
3. The CONTRACTOR has obtained and carefully studied (or
assumes responsibility for obtaining & carefully studying)
all such examinations, investigations, explorations, tests,
reports, and studies which pertain to the subsurface of
physical conditions at or contiguous to the site or
otherwise may affect the cost, progress, performance or
furnishing of the Work as CONTRACTOR considers
necessary for the performance or furnishing of the Work at
the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions
of paragraph 4.02 of the General Conditions: and no
additional examinations, investigations, exploration, tests,
reports, studies, or similar information or data be or will be
required by the CONTRACTOR for such purposes.
4. The CONTRACTOR has reviewed and checked all
information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities
at or contiguous to the site and assumes responsibility for
the accurate location of said Underground Facilities.
5. The CONTRACTOR has correlated the results of all such
observations, examinations, investigations, explorations,
tests, reports, and studies with the terms and conditions of
the Contract Documents.
6. The CONTRACTOR has given the OWNER written notice of
all conflicts, errors, or discrepancies that he has
discovered in the Contract Documents and the written
6/17/96
FORM OF AGREEMENT
00500-4
resolution thereof by the OWNER is acceptable to the
CONTRACTOR.
Article 7 - Contract Documents
The Contract Doc.uments which comprise the entire agreement
between the OWNER and the CONTRACTOR concerning the Work
consist of the following:
1. Notice of Award
2. This Agreement (pages 1 to 8, inclusive).
3. Bidding Documents - Notice of Calling for Bids, Instructions to
Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work,
Milestone Schedule
4. Notice to Proceed
5. General Conditions (pages 0 to 31, inclusive).
6. Supplementary Conditions (page 1).
. 7. Supplementary Insurance Documents (pages 1 to 11, incl.).
8. Special Conditions (pages 1 to 3, inclusive).
9. General Requirements - Measurement and Payment,
Application for Payment, Submittals, Construction Cleaning,
and Post-Bid Substitutions.
10. Technical Specifications.
11 .
Addenda numbers
to
, inclusive.
There are no Contract Documents other than those listed above in this
Article. The Contract Documents may only be amended, modified, or
supplemented as provided in the General Conditions.
Article 8 - Indemnification and Hold Harmless Agreement.
The Contractor covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property
9/19/96
FORM OF AGREEMENT
00500-5
damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by
the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors or other wrongful act or omission of the
Contractor or its Subcontractor(s) in any tier, their employees, or
agents.
In the event the completion of the project (to include the work of
others) is delayed or suspended as a result of the Contractor's failure
to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting
from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is
for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by
the insurance requirements contained elsewhere within this
agreement.
Article 9 - Miscellaneous.
Terms used in this Agreement which are defined in Article 1 of the
General Conditions will have the meanings indicated in the General
Conditions.
No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without
the written consent of the party sought to be bound; and specifically
but without limitation moneys that may become due and moneys that
are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its
partners, successors, assigns and legal representatives in respect of all
covenants, agreements and obligations contained in the Contract
Documents.
9/19/96
FORM OF AGREEMENT
00500-6
Article 10 - Other Provisions
In cases of conflict within the described Contract Documents in Article
7 of this Form of Agreement, the order of precedence shall be as
follows:
1 . This Agreement
2. Bidding Documents with all/any addenda
3. General Requirements
4. Supplementary Conditions
5. General Conditions
6. Technical Specifications
9/19/96
FORM OF AGREEMENT
00500-7
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this
Agreement in quadruplicate. One counterpart each has been delivered to
the OWNER, CONTRACTOR, COUNTY ENGINEER and COUNTY PURCHASING
DEPARTMENT. All portions of the Contract Documents have been signed or
identified by the OWNER and CONTRACTOR or by the COUNTY ENGINEER on
their behalf.
This Agreement will be effective on , 19_.
OWNER: Monroe County BOCC CONTRACTOR:
Monroe County, FL
By
By
Attest
Attest
Address for giving notices
Address for giving notices
Monroe County Public Works
Engineering Department
51 00 College Road
Key West, FL 33040
****************
END OF SECTION 00500
9/19/96
FORM OF AGREEMENT
00500-8
SECTION 00750
GENERAL CONDITIONS
Article
Number
Ti tl e
Page
DE FIN ITI 0 N S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2 PRELIMINARY MATTERS. . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . .. 3
3 CONTRACT DOCUMENTS: INTENT, AMENDING & REUSE ...... 4
4 AVAILABILITY OF LANDS:
PHYSICAL CONDITIONS: REFERENCE POINTS. . . . . . . . . . . . . .. 6
5 BONDS AND INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 7
6 CONTRACTOR'S RESPONSIBILITIES ....................... . 9
7 OTHER WORK........................................ .16
8 OWNER'S RESPONSIBILITIES ............................. 16
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 17
10 CHANGES IN THE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
11 CHANGE OF CONTRACT PRICE ......................... .19
12 CHANGE OF CONTRACT TIME ........................... 23
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION: REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK .....................23
14 PAYMENTS TO CONTRACTOR AND COMPLETION ..........25
15 SUSPENSION OF WORK AND TERMINATION ...............29
16 DISPUTE RESOLUTION .................................. 30
17M IS C ELLA N EO US. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
rev. 05/8/96
GENERAL CONDITIONS
00750-0
SECTION 00750
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings
indicatedwhich are applicable to both the singular and plural thereof.
Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment - The form accepted by COUNTY ENGINEER which is' to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
ARCHITECT/ENGINEER - The person, firm or corporation named as such in the Agreement.
Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for
the Work to be performed.
Bonds - Bid, performance and payment bonds and other instruments of security.
Change Order - a document recommended by COUNTY ENGINEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the
Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid
(including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice
of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified
in the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications
and the Drawings as the same are more specifically identified in the Agreement, together with all
amendments, modifications and supplements issued pursuant to paragraphs 3.04 and 3.05 on or after the
Effective Date of the Agreement.
Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.08.01- 11.08.03 in the case of Unit Price Work).
Contract TIme - The number of days (computed as provided in paragraph 17.02) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement.
Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty
or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the Contract Documents, or has been
damaged prior to COUNTY ENGINEER's recommendation of final payment (unless responsibility for the
protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.07
or 14.08).
Drawings - The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by ENGINEER and are referred to in the Contract Documents.
rev. 05/8/96
GENERAL CONDITIONS
00750-1
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
Field Order - A written order issued by COUNTY ENGINEER which orders minor changes in the Work in accordance with
paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Time.
General Requirements - Sections of Division 1 of the Specifications.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the
time specified, OWNER will sign and deliver the Agreement.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT/ENGINEER) fixing the
date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S
obligations under the Contract Documents.
OWNER - The public body or authority, corporation, association, firm or person with who CONTRACTOR has entered into
the Agreement and for who the Work is to be provided.
Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a
part as indicated elsewhere in the Contract Documents.
Resident Project Representative - The authorized representative of COUNTY ENGINEER who is assigned to the site or any
part thereof.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for
CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance
charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate
material or equipment for some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials,
equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the site.
Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of
COUNTY ENGINEER as evidenced by COUNTY ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the
purposes for which it is intended: or if there be no such certificate issued, when final payment is due in accordance with
paragraph 14.10. The terms "substantially complete" and "substantially completed" as applied to any Work refer to
Substantial Completion thereof.
Supplementary Conditions - The part of the Contract Documents which amends or supplements there General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor.
Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tans, tunnels or other such facilities or
attachments, and any encasement containing such facilities which have been installed underground to furnish any of the
rev. 05/8/96
GENERAL CONDITIONS
00750-2
following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, sewage and drainage removal, traffic or other control systems or water.
Unit Price Work - Work to be paid for on the basis of unit prices.
Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating
materials and equipment into the construction, all as required by the Contract Documents.
Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and
signed by OWNER and recommended by COUNTY ENGINEER, ordering an addition, deletion or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in p. 4.02
or 4.03 or to emergencies under paragraph 6.23. A Work Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect
if any on the Contract Price or Contract Time as provided in p. 10.02.
Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical
rather than strictly Work-related aspects of the Contract Documents.
ARTICLE 2 - PRELIMINARY MATTERS
Delivery of Bonds:
2.01 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER
such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.01.
Copies of Documents:
2.02 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.
Additional copies will be furnished, upon request, at the cost of reproduction.
Commencement of Contract TIme: Notice to Proceed:
2.03 The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement,
or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed
may be given at any time within thirty days after the Effective Date of the Agreement. In no event will
the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the
thirtieth day after the Effective Date of the Agreement, whichever date is earlier.
Starting the Project:
2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the Contract Time commences to run.
Before Starting Construction:
2.05 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to COUNTY ENGINEER any conflict error or discrepancy
which CONTRACTOR may discover and shall obtain a written interpretation or clarification from
COUNTY ENGINEER before proceeding with any Work affected thereby: however, CONTRACTOR shall not be
liable to OWNER or COUNTY ENGINEER for failure to report any conflict, error or discrepancy in the
Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known
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GENERAL CONDITIONS
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thereof.
2.06 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to COUNTY ENGINEER for review:
2.06.01 an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.06.02 a preliminary schedule of Shop Drawing submissions: and
2.06.03 a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in
sufficient detail to serve as the basis for progress payments during construction. Such prices
will include an appropriate amount of overhead and profit applicable to each item of Work
which will be confirmed in writing by CONTRACTOR at the time of submission.
2.07 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to COUNTY ENGINEER,
certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase
and maintain in accordance with paragraphs 5.03 and 5.04, and OWNER shall deliver to CONTRACTOR certif icates
(and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in
accordance with paragraph 5.05.
Preconstruction Conference:
2.08 Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the
site, a conference attended by CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to
discuss the schedules referred to in paragraph 2.06, to discuss procedures for handling Shop Drawings and
other submittals and for processing Applications for Payments, and to establish a working understanding
among the parties as to the Work.
Finalizing Schedules:
2.09 At least ten days before submission of the first Application for Payment a conference attended by
CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to finalize the schedules submitted in
accordance with paragraph 2.06. The finalized progress schedule will be acceptable to COUNTY ENGINEER as
providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither
impose on COUNTY ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from
full responsibility therefore. The finalized schedule of Shop Drawing submissions will be acceptable to COUNTY
ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will
be acceptable to COUNTY ENGINEER as to form and substance.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Intent:
3.01 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by
all. The Contract Documents will be construed in accordance with the law of the State of Florida.
3.02 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to
be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may
reasonably be inferred form the Contract Documents as being required to produce the intended result will
be supplied whether or not specifically called for. When words which have a well-known technical or trade
meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance
with that meaning. Reference to standard specifications, manuals or codes of any technical society,
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GENERAL CONDITIONS
00750-4
organization or association, or to the Laws or Regulations of any governmental authority, whether such reference
be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except
as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual
or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to
change the duties and responsibilities of OWNER, CONTRACTOR or COUNTY ENGINEER, or any of their consultants,
agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to COUNTY
ENGINEER, or any of COUNTY ENGINEER's consultants, agents or employees any duty or authority to supervise or
direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 9.14 or 9. 15. Clarifications and interpretations of the Contract Documents shall be issued
by COUNTY ENGINEER as provided in paragraph 9.04.
3.03 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract
Documents, CONTRACTOR shall so report to COUNTY ENGINEER in writing at once and before proceeding with
the Work affected thereby shall obtain a written interpretation or clarification from COUNTY ENGINEER:
however, CONTRACTOR shall not be liable to OWNER or COUNTY ENGINEER for failure to report any conflict,
error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.04 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
3.04.01 a formal Written Amendment.
3.04.02 a Change Order (pursuant to paragraph 10.04), or
3.04.03 a Work Directive Change (pursuant to paragraph 10.01).
As indicated in paragraphs 11 .02 and 12.01, Contract Price and Contract Time may only be changed by a Change
Order or a Written Amendment.
3.05 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be supplemented, and minor variations and deviations in the Work may be
authorized, in one or more of the following ways:
3.05.01 a Field Order (pursuant to paragraph 9.05),
3.05.02 COUNTY ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or
3.05.03 COUNTY ENGINEER's written interpretation or clarification (pursuant to paragraph 9.04).
Reuse of Documents:
3.06 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title
to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of COUNTY ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written consent of OWNER and COUNTY ENGINEER and
specific written verification or adaptation by COUNTY ENGINEER.
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ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS
Availability of Lands:
4.01 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access thereto, and such other lands which are designated for
the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities
wiff be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If
CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or easements entitles
CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in
Article 12. CONTRACTOR shalf provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.02.01 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of
those reports of explorations and tests of subsurface conditions at the site that have been
utilized by COUNTY ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon
the accuracy of the technical data contained in such reports, but not upon nontechnical data,
interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's
purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.02.06,
CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site.
4.02.02 Existing structures: Reference is made to the Supplementary Conditions for identification
of those drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities referred to in paragraph 4.03) which are at or
contiguous to the site that have been utilized by COUNTY ENGINEER in preparation of the Contract
Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such
drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated
in the immediately preceding sentence and in paragraph 4.02.06, CONTRACTOR shall have full
responsibility with respect to physical conditions in or relating to such structures.
4.02.03 Report of Differing Conditions: If CONTRACTOR believes that:
4.02.03.01 any technical data on which CONTRACTOR is entitled to rely as provided in
paragraphs 4.02.01 and 4.02.02 is inaccurate, or
4.02.03.02 any physical condition uncovered or revealed at the site differs materially from that
indicated, rejected or referred to in the Contract Documents,
CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in
connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER
and COUNTY ENGINEER in writing about the inaccuracy or difference.
4.02.04 COUNTY ENGINEER's Review: ENGINEER wiff promptly review the pertinent conditions,
determine the necessity of obtaining additional explorations or tests with respect thereto
and advise OWNER in writing (with a copy to CONTRACTOR) of such findings and conclusions.
4.02.05 Possible Document Change: If COUNTY ENGINEER concludes that there is a material error in the
Contract Documents or that because of newly discovered conditions a change in the Contract
Documents is required, a Work Directive Change or a Change Order may be issued as provided in
Article 10 to reflect and document. the consequences of the inaccuracy or difference.
4.02.06 Possible Time Adjustments: In each such case, an extension or shortening of the Contract Time will
be allowable to the extent that it is attributable to any such inaccuracy or difference. If OWNER
and CONTRACTOR are unable to agree as to the length thereof, a claim may be made therefore as
provide in Articles 11 and 1 2.
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GENERAL CONDITIONS
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Physical Conditions- Underground Facilities:
4.03.01 Shown or Indicated: The information and data shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or contiguous to the site is based on information
and data furnished to OWNER or COUNTY ENGINEER by the owners of such Underground Facilities or by
others. Unless it is otherwise expressly provided in the Supplementary Conditions:
4.03.01.01 OWNER and COUNTY ENGINEER shall not be responsible for the accuracy or completeness of
any such information or data: and,
4.03.01.02 CONTRACTOR shall have full responsibility for reviewing and checking all such
information and data, for locating all Underground Facilities shown or indicated in the Contract
Documents, for coordination of the Work with the owners of such Underground Facilities
during construction, for the safety and protection thereof as provided in paragraph 6.21
and repairing any damage thereto resulting from the Work, the cost of all of which will
be considered as having been included in the Contract Price.
4.03.02 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could
not reasonably have been expected to be aware of and before performing any Work (except in an
emergency as permitted by paragraph 6.23), the Contractor shall identify the owner of such
Underground Facility of the Work. The Contractor shall give written notice of the Work to that owner and
to the COUNTY ENGINEER. COUNTY ENGINEER shall determine the extent to which the Contract
Documents should be modified to reflect and document the consequences of the existence of the
Underground Facility, and the Contract Documents will be amended as determined. During such time,
CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided
in paragraph 6.21. CONTRACTOR shall be allowed an Increase in the Contract Price or an extension of
the Contract Time, or both, to the extent that they are attributable to the existence of any Underground
Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or
length thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.
Reference Points:
4.04 OWNER shall provide engineering surveys to establish reference points for construction which in COUNTY
ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be
responsible for laying out the Work (unless otherwise" specified in the General Requirements), shall protect
and preserve the established reference points and shall make no changes or relocations without the prior
written approval of OWNER. CONTRACTOR shall report to COUNTY ENGINEER whenever any reference point is
lost or destroyed or requires relocation because of necessary changes in grades or locations, & shall be re
sponsible for the accurate replacement or relocation of such reference points by professionally qualified
personnel.
ARTICLE 5 - BONDS AND INSURANCE
Performance and Other Bonds:
5.01 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at least until one year after the date when final
payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds
shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such
sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)
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GENERAL CONDITIONS
00750-7
by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to oct.
5.02 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of the Project is located or it ceases to meet
the requirements of paragraph 5.01, CONTRACTOR shall within five days thereafter substitute another Bond
and Surety, both of which must be acceptable to OWNER.
Contractor's Liability Insurance:
5.03 CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and as will provide protection from claims set
forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and
CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by
CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.03.01 Claims under workers' or workmen's compensation, disability benefits and other similar employee
benefit acts;
5.03.02 Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
5.03.03 Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.03.04 Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such
person by CONTRACTOR, or (b) by any other person for any other reason;
5.03.05 Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom:
5.03.06 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.03.07 Claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.03 shall include the specific coverages and be written for not less
than the limits of liability and coverages provided in the Supplementary Insurance Documents, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of
the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall
contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal
refused until at least thirty days' prior written notice has been given to OWNER and COUNTY ENGINEER by certified mail. All
such insurances shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such
completed operations insurance for at least two years after final payment and furnish OWNER with evidence of
continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.04 The comprehensive general liability insurance required by paragraph 5.01 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31 .
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GENERAL CONDITIONS
00750-8
Owner's Liability Insurance:
5.05 OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may
arise from operations under the Contract Documents.
Acceptance of Insurance:
5.06 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to
be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.03 and 5.04 on the basis of its
not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten
days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.07. If
CONTRACTOR has any objections to the coverage afforded by.the other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.03 and 5.04 on
the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing
thereof within ten days of the date of delivery of such certificates to CONTRACTOR in accordance with
paragraph 2.07. OWNER and CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR
to give any such notice of objection within the time provided shall constitute acceptance of such
insurance purchased by the other as complying with the Contract Documents.
Partial Utilization - Property Insurance:
5.07 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph
14.08.03: provided that no such use or occupancy shall commence before the insurers providing the property
insurance have acknowledged notice thereof and in writing effected the changes in necessitated thereby. The
insurers providing the property insurance shall consent by endorsement on the policy or policies, but the
property insurance shall not be canceled or lapse on account of any such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.01 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of
others in the design or selection of a specifiC means, method, technique, sequence or procedure of
construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be
responsible to see that the finished Work complies accurately with the Contract Documents.
6.02 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent,
who shall not be replaced without written notice to OWNER and COUNTY ENGINEER except under extraordinary
circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.03 CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and
perform construction as required by the Contract Documents. CONTRACTOR shalf at all times maintain good
discipline and order at the site. Except in connection with the safety or protection of persons or the
Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, off Work at the site shall be performed during regular working hours, and CONTRACTOR not permit
overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written
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GENERAL CONDITIONS
00750-9
consent given after prior written notice to COUNTY ENGINEER.
6.04 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and machinery,
tools, appliances, fuel,. power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and
completion of the Work.
6.05 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract
Documents. If required by COUNTY ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including
reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents:
but no provision of any such instructions will be effective to assign to COUNTY ENGINEER, or any of COUNTY
ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing
or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions
of paragraph 9.14 or 9.15.
6.06 Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986.
The Contractor acknowledges that it is functioning as an independent Contractor in performing under the
terms of this Contract and it is not action as an employee of the County. The Contractor acknowledges
that it is responsible for complying with the provisions of the Immigration Reform and Control Act of
1986, located at 8 U.S.C. Section 1324, et. seq., and regulations relating thereto. Failure to comply
with the above provisions for this contract shall be considered a material breach and shall be grounds for
immediate termination of the Contract.
Adjusting Progress Schedule:
6.07 CONTRACTOR shall submit to COUNTY ENGINEER for acceptance (to the extent indicated in paragraph 2.09)
adjustments in the progress schedule to reflect the impact thereon of new developments: these will conform
generally to the progress schedule then in effect and additionally will comply with any provisions of the
General Requirements applicable thereto.
Substitutes or IIOr-Equalll Items after Award:
6.08.01 Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a proprietary item or the name of a particular Supplier the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other Suppliers may be
accepted by COUNTY ENGINEER if sufficient information is submitted by CONTRACTOR to allow COUNTY
ENGINEER to determine that the material or equipment proposed is equivalent or equal to that
named. The procedure for review by COUNTY ENGINEER will include the following as supplemented in
the General Requirements. Requests for review of substitute items of material and equipment will
not be accepted by COUNTY ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or equipment, CONTRACTOR shall make written
application to COUNTY ENGINEER for acceptance thereof, certifying that the proposed substitute
will perform adequately the functions and achieve the results called for by the general design, be
similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not
prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of
the substitute for use in the Work will require a change in any of the Contract Documents (or in
the provisions of any other direct contract with OWNER for work on the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use of the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of
the proposed substitute from that specified will be identified in the application and available
maintenance, repair and replacement service will be indicated. The application will also contain
an itemized estimate of all costs that will result directly or indirectly from acceptance of such
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GENERAL CONDITIONS
00750-10
substitute, including costs of redesign and claims of other contractors affected by the resulting
change, all of which shall be considered by COUNTY ENGINEER in evaluating the proposed substitute.
COUNTY ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data
about the proposed substitute.
6.08.02 If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to COUNTY ENGINEER, if CONTRACTOR
submits sufficient information to allow COUNTY ENGINEER to determine the substitute proposed is
equivalent to that indicated or required by the Contract Documents. The procedure for review by
COUNTY ENGINEER will be similar to that provided in paragraph 6.08.01 as applied by COUNTY ENGINEER
and as may be supplemented in the General Requirements.
6.08.03 COUNTY ENGINEER will be allowed a reasonable time within which to evaluate each proposed
substitute. COUNTY ENGINEER will be the sole judge of acceptability, and no substitute will be
ordered, installed or utilized without COUNTY ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR
to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to
any substitute. COUNTY ENGINEER will record time required by COUNTY ENGINEER and COUNTY
ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or not COUNTY ENGINEER accepts a proposed
substitute, CONTRACTOR shall reimburse OWNER for the charges of COUNTY ENGINEER and COUNTY
ENGINEER's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.09.01 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether
initially or as a substitute, against whom OWNER or COUNTY ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable
objection.
6.09.02 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other
persons or organizations (including those who are to furnish the principal items of materials and
equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date
of the Agreement for acceptance by OWNER and COUNTY ENGINEER and if CONTRACTOR has submitted
a list thereof in accordance with the Supplementary Conditions, OWNER's or COUNTY ENGINEER's
acceptance (either in writing or by failing to make written objection thereto by the date
indicated for acceptance or objection in the bidding documents or the Contract Documents) of any
such Subcontractor, Supplier or other person or organization so identified may be revoked on the
basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an
acceptable substitute, the Contract Price will be increased by the difference in the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER or COUNTY ENGINEER of any such Subcontractor,
Supplier or other person or organization shall constitute a waiver of any right of OWNER or COUNTY
ENGINEER to reject defective Work.
6.10 CONTRACTOR shall be fully responsible to OWNER and COUNTY ENGINEER for all acts and omissions of the
Subcontractors, Supplier and other persons and organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between
OWNER or COUNTY ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall
it create any obligation on the part of OWNER or COUNTY ENGINEER to payor to see to the payment of any
moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be
required by Laws and Regulations.
6.11 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
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GENERAL CONDITIONS
00750-11
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating Work to be performed by
any specific trade.
6. 12 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of OWNER and COUNTY ENGINEER. CONTRACTOR shall
pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses
under policies issued pursuant to paragraphs 5.03 and 5.04.
Patent Fees and Royalties:
6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. If a particular invention,
design, process, product or device is specified in the Contract Documents for use in the performance of
the Work and if to the actual knowledge of OWNER or COUNTY ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or royalty to others, the existence of such rights
shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER
and COUNTY ENGINEER and anyone directly or indirectly employed by either of them from and against all claims,
damages, losses and. expenses (including attorneys' fees and court costs) arising out of any infringement of patent
rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend
all such claims in connection with any alleged infringement of such rights.
Permits:
6.14 Unless otherwise provided in the Supplementary Conditions, OWNER shall obtain and pay for all
construction permits and licenses. CONTRACTOR shall assist OWNER, when necessary, in obtaining such
permits and licenses. OWNER shall pay all governmental charges and inspection fees necessary for the
prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on
the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owner for connections to
the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as
plant investment fees.
Laws and Regulations:
6.15.01 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws
and Regulations, neither OWNER nor COUNTY ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
6.15.02 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give COUNTY ENGINEER prompt written notice thereof, and any
necessary changes will be authorized by one of the methods indicated in paragraph 3.04. If
CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or
Regulations, and without such notice to COUNTY ENGINEER, CONTRACTOR shall bear all costs arising
therefrom: however, it shall not be CONTRACTOR's primary responsibility to make certain that the
Specifications and Drawings are in accordance with such Laws and Regulations.
Taxes:
6. 16 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
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GENERAL CONDITIONS
00750-12
Use of Premises:
6.17 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations
of workers to the Project site and land and areas identified in and permitted by the Contract Documents
and other land and areas permitted by Laws and Regulations, rights-at-way, permits and easements, and
shall not unreasonably encumber the premises with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any damage to any such land or areas contiguous thereto,
resulting from the performance of the Work. Should any claim be made against OWNER or COUNTY ENGINEER of
the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise
resolve the claim at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER and COUNTY ENGINEER harmless from and against all claims, damages, losses and
expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals
and court costs) arising directly, indirectly or consequentially oufof any action, legal or equitable,
brought by any such other party against OWNER or COUNTY ENGINEER to the extent based on a claim arising
out of CONTRACTOR's performance of the Work.
6. 18 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean
and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6. 19 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.
Record Documents:
6.20 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written
interpretations and clarifications (issued pursuant to paragraph 9.04) in good order and annotated to show
all changes made during construction. These record documents together with all approved samples and a
counterpart of all approved Shop Drawings will be available to COUNTY ENGINEER for reference. Upon
completion of the Work, these record documents, samples and Shop Drawings will be delivered to COUNTY
ENGINEER for OWNER.
Safety and Protection:
6.21 CONTRACTOR shall be responsible for initiating, maintaining supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.21.01 all employees on the Work and other persons and organizations who may be affected thereby:
6.21.02 all the Work and materials and equipment to be incorporated therein, whether in storage on or oft
the site: and
6.21.03 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated tor removal, relocation
or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss: and shall erect and maintain all necessary safeguards
for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.21.02 or
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GENERAL CONDITIONS
00750-13
6.21.03 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person
or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of OWNER or COUNTY ENGINEER or anyone employed by either of
them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part,
to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the
Work shall continue until such time as all the Work is completed and COUNTY ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in
connection with Substantial Completion).
6.22 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by
CONTRACTOR to OWNER.
Emergencies:
6.23 In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from COUNTY ENGINEER or OWNER,
is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY ENGINEER
prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If COUNTY ENGINEER determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a Work Directive
Change or Change Order will be issued to document the consequences of the changes or variations.
Shop Drawings and Samples:
6.24 After checking and verifying all field measurements and after complying with applicable procedures
specified in the General Requirements, CONTRACTOR shall submit to COUNTY ENGINEER for review and approval
in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.09), or for other
appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with
respect to the review of the submission. All submissions will be identified as COUNTY ENGINEER may
require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials and similar data to enable COUNTY ENGINEER to review
the information as required.
6.25 CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay
in Work, all samples required by the Contract Documents. All samples will have been checked by and
accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities
under the Contract Documents with respect to the review of the submission and will be identified clearly
as to material, Supplier, pertinent data such as catalog numbers and the use for which intended.
6.25.01 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all
quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and
the Contract Documents.
6.25.02 At the time of each submission, CONTRACTOR shall give COUNTY ENGINEER specific written notice of
each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing
submitted to COUNTY ENGINEER for review and approval of each such variation.
6.26 COUNTY ENGINEER will review and approve with reasonable promptness Shop Drawings and samples. but
COUNTY ENGINEER's review and approval will be only for conformance with the design concept of the Project
and for compliance with the information given in the Contract Documents and shall not extend to means,
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GENERAL CONDITIONS
00750-14
methods, techniques, sequences or procedures of construction (except where a specific means, method,
technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or
to safety precautions or programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections
required by COUNTY ENGINEER and shall return the required number of corrected copies of Shop Drawings and
submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by COUNTY ENGINEER on previous submittals.
6.27 COUNTY ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such variation at the time of submission as required by
paragraph 6.25.02 and COUNTY ENGINEER has given written approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by
COUNTY ENGINEER reliev~_ CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from
responsibility for having complied with the provisions of paragraph 6.25.01 .
6.28 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to
COUNTY ENGINEER's review and approval of the pertinent submission will be the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
6.29 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.05 or as CONTRACTOR and OWNER may otherwise agree in
writing.
Indemnification:
6.30 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER
and COUNTY ENGINEER and their consultants, agents and employees from and against all claims, damages,
losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from
the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other
than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or
arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
6.31 In any and all claims against OWNER or COUNTY ENGINEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed
by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of COUNTY ENGINEER,
COUNTY ENGINEER's consultants, agents or employees arising out of the negligent preparation or approval of
maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
rev. 05/8/96
GENERAL CONDITIONS
00750-15
ARTICLE 7 - OTHER WORK
Related Work at Site:
7.01 OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts therefore which shall contain General Conditions
similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and,
if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefore as provided in Articles 11 and 12.
7.02 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract
(or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to
the site and a reasonable opportunity for the introduction and storage of materials and equipment and the
execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall
do all cutting, fitting and patching of the Work that may be required to make its several parts come
together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of COUNTY ENGINEER and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners and other contractors.
7.03 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to COUNTY ENGINEER in
writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such
proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the
other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent
defects and deficiencies in the other work.
Coordination:
7.04 If OWNER contracts with others for the performance of other work on the Project at the site, the person or
organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to
be covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor COUNTY ENGINEER shall have any authority or responsibility in
respect of such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 OWNER shall issue all communications to CONTRACTOR through COUNTY ENGINEER.
8.02 In case of termination of the employment of COUNTY ENGINEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the
former COUNTY ENGINEER.
8.03 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make
payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.03 and 14.04.
8.04 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.04. Paragraph 4.02 refers to OWNER's identifying and
making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the
site and in existing structures which have been utilized by COUNTY ENGINEER in preparing the Drawings and
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GENERAL CONDITIONS
00750-16
Specifications.
8.05 OWNER's responsibilities in respect of purchasing and maintaining liability and propertY insurance are set
for the in paragraphs 5.05 through 5.07.
8.06 OWNER is obligated to execute Change Orders as indicated in paragraph 10.04.
8.07 OWNER's responsibility in respect to certain inspections, tests and approvals is set forth in paragraph 13.09.
8.08 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.01. Paragraph
15.02 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances.
ARTICLE 9 - COUNTY ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative:
9.01 COUNTY ENGINEER will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of COUNTY ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and COUNTY ENGINEER.
Visits to Site:
9.02 COUNTY ENGINEER will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. COUNTY ENGINEER will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
Project Representation:
9.03 If OWNER and COUNTY ENGINEER agree, COUNTY ENGINEER will furnish a Resident Project Representative to
assist COUNTY ENGINEER in observing the performance of the Work. The duties, responsibilities and
limitations of authority of any such Resident Project Representative and assistants will be as provided in
the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not
the COUNTY ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such
other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.04 COUNTY ENGINEER will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings'or otherwise) as COUNTY ENGINEER may
determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an
increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree
to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 or
Article 1 2.
Authorized Variations in Work:
9.05 COUNTY ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the
overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding
on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes
that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and
the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore
as provided in Article 11 or 1 2.
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GENERAL CONDITIONS
00750-17
Rejecting Defective Work:
9.06 COUNTY ENGINEER will have authority to disapprove or reject Work which COUNTY ENGINEER believes to be
defective, and will also have authority to require special inspection or testing of the Work as provided
in paragraph 13.09, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.07 In connection with COUNTY ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.24
through 6.28 inclusive.
9.08 In connection with COUNTY ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12.
9.09 In connection with COUNTY ENGINEER's responsibilities in respect of Applications for Payment, etc., see
Article 1 4.
Determinations for Unit Prices:
9.10 COUNTY ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. COUNTY ENGINEER will review with CONTRACTOR, COUNTY ENGINEER's preliminary determinations
on such matters before rendering a written decision thereon (by recommendation of an Application for Payment
or otherwise). COUNTY ENGINEER's written decisions will be submitted to OWNER. OWNER's decision will be final and
binding upon CONTRACTOR.
Decisions on Disputes:
9.11 COUNTY ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of
the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in
the Contract Price or Contract Time will be referred initially to COUNTY ENGINEER in writing with a
request for a formal decision in accordance with this paragraph, which COUNTY ENGINEER will render in
writing within a reasonable time. Written notice of each such claim, dispute and other matter will be
delivered by the claimant to COUNTY ENGINEER and the other party to the Agreement promptly but in no
event later than thirty days after the occurrence of the event giving rise thereto, and written supporting
data will be submitted to COUNTY ENGINEER and the other party within sixty days after such occurrence
unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of
the claim. The OWNER's decision will be final and binding upon CONTRACTOR.
Limitations on COUNTY ENGINEER's Responsibilities:
9.12 Neither COUNTY ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor
any decision made by COUNTY ENGINEER in good faith either to exercise or not exercise such authority shall
give rise to any duty or responsibility of COUNTY ENGINEER to CONTRACTOR, any Subcontractor, any Supplier,
or any other person or organization performing any of the Work, or to any surety for any of them.
9. 13 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable",
"acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a
requirement, direction, review or judgment of COUNTY ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the
Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term
or adjective shall not be effective to assign to COUNTY ENGINEER any duty or authority to supervise or
direct the furnishing or performance of the Work or any duty or authority to undertake responsibility
contrary to the provisions of paragraph 9.14 or 9. 15.
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GENERAL CONDITIONS
00750-18
9.14 COUNTY ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or
procedures of construction, or the safety precautions and programs incident thereto, and COUNTY ENGINEER
will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the
Contract Documents.
. 9.15 COUNTY ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the Work.
ARTICLE 10 - CHANGES IN THE WORK
10.01 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work: these .will be authorized by a Written
Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR
shall promptly proceed with the Work involved which will be performed under the applicable conditions of
the Contract Documents {except as otherwise specifically provided}.
10.02 If OWNER and CONTRACTOR are unable to agree as to the extent, irany, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a
Work Directive Change, a claim may be made therefore as provided in Article 11 or Article 12.
10.03 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.04 and 3.05, except in the case of an emergency as provided in
paragraph 6.23 and except in the case of uncovering Work as provided in paragraph 13.09.
10.04 OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering:
10.04.01 changes in the Work which are ordered by OWNER pursuant to paragraph 10.01, are required because of
acceptance of defective Work under paragraph 13. 13 or correcting defective Work under paragraph
13. 14, or are agreed to by the parties:
10.04.02 changes in the Contract Price or Contact Time which are agreed to by the parties: and
10.04.03 changes in the Contract Price or Contract Time which embody the substance of any written decision
rendered by OWNER pursuant to paragraph 9.11 .
10.05 If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any of
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount
each applicable Bond will be adjusted accordingly.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11 .01 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to
CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.
11 .02 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an
increase or decrease in the Contract Price shall be based on written notice delivered by the party making
the claim to other party and to ENGINEER promptly (but in no event later than thirty days) after the
occurrence of the event giving rise to the claim and abating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence
{unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of
the claim} and shall be accompanied by claimant's written statement that the amount claimed covers all
known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the
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GENERAL CONDITIONS
00750-19
occurrence of said event. All claims for adjustment in the Contract Price shall be determined by OWNER.
No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this
paragraph 11 .02.
11 .03 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
11.03.01 Where the Work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of the items involved (subject to the provisions of
paragraphs 11 .08.01 . through 11 .08.03, inclusive).
11 .03.02 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.06.02.01 J.
11.03.03 On the basis of the Cost of the Work (determined as provided in paragraphs 11.04 and 11.05) plus a
CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.06 and 11.07).
Cost of the Work:
11 .04 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the
proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs
shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in paragraph 11 .05:
11.04.01 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent
on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost
of fringe benefits which shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick
leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing Work after regular working hours, on
Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by
OWNER.
11 .04.02 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field service required in connection therewith.
All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall
accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.
11 .04.03 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If
required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of COUNTY
ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be
paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be
determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar as applicable.
11.04.04 Costs of special consultants (including but not limited to engineers, architects, testing labs,
surveyors, attorneys and accountants) employed for services specifically related to the Work.
11 .04.05 Supplemental costs including the following:
11 .04.05.01 The proportion of necessary transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge of duties connected with the Work.
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GENERAL CONDITIONS
00750-20
11 .04.05.02 Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost less
market value of such items used but not consumed which remain the property of
CONTRACTOR.
11 .04.05.03 Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with
the advice of COUNTY ENGINEER, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof-all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease
when the use thereof is no longer necessary of the Work.
11 .04.05.04 Sales, consumer, use or similar taxes' related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11 .04.05.05 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
11.04.05.06 Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and
furnishing of the Work (except losses and damages within tt)e deductible amounts of
property insurance established by OWNER), provided they have resulted from causes other
than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable. Such losses shall
include settlements made with the written consent and approval of OWNER. No such
losses, damages and expenses shall be included .in the Cost of the Work for the purpose
of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph 11 .06.02.
11 .04.05.07 The cost of utilities, fuel and sanitary facilities at the site.
11 .04.05.08 Minor expenses such as telegrams, long distance telephone calls, telephone service at
the site, expressage and s'imilar petty cash items in connection with the Work.
11 .04.05.09 Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums for property insurance coverage within the limits of the deductible
amounts established by OWNER in accordance with Article 5.
11 .05 The term Cost of the Work shall not include any of the following:
11.05.01 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals {of partner-
ship and sole proprietorships', general managers, engineers, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch
office for general administration of the Work and not specifically included in the agreed upon
schedule of job classifications referred to in paragraph 11 .04.01 or specifically covered by paragraph
11.04-all of which are to be considered administrative costs covered by the CONTRACTOR's Fee.
11.05.02 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site.
11 .05.03 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for any delinquent payments.
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11 .05.04 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same (except for the cost of premiums covered by
subparagraph 11.04.05.09 above).
11.05.05 Costs due to the negligence of CONTRACTOR, and Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making
good any damage to property.
11 .05.06 Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in paragraph 11 .04.
CONTRACTOR's Fee:
11 .06 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows:
11.06.01 a mutually acceptable fixed fee: or if none can be agreed upon,
11 .06.02 a fee based on the following percentages of the various portions of the Cost of the Work:
11 .06.02.01 for costs incurred under paragraphs 11 .04.01 & 11 .04.02, the CONTRACTOR's Fee shall be 15%:
11 .06.02.02 for cost incurred under paragraph 11 .04.03, the CONTRACTOR's Fee shall be five percent:
and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum
allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be
fifteen %:
11 .06.02.03 no fee shall be payable on the basis of costs itemized under paragraphs 11 .04.04, 11 .04.05
and 11 .05:
11 .06.02.04 the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a
deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease.
11.06.02.05 when both additions and credits are involved in anyone change, the adjustment in
CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with
paragraphs 11.06.02.01 through 11.06.02.04, inclusive.
11 .07 Whenever the cost of any Work is to be determined pursuant to paragraph 11 .04 or 11 .05, CONTRACTOR will
submit in form acceptable to COUNTY ENGINEER an itemized cost breakdown together with supporting data.
Unit Price Work:
11.08.01 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit prices for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the Agreement. The estimated quantities
of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classification of Unit Price Work performed by CONTRACTOR will be made by COUNTY ENGINEER in
accordance with Paragraph 9. 1 O.
11 .08.02 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each separately identified item.
11 .08.03 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item indicated in the Agreement and there is no
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GENERAL CONDITIONS
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corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for
an increase in the Contract Price in accordance with Article 11.
ARTICLE 12 - CHANGE OF CONTRACT TIME
12.01 The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time shall be bases on written notice delivered by the party
making the claim to the other party and to COUNTY ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the claim and stating the general nature of the
claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after
such occurrence (unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate
data in support of the claim) and shall be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as
a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be
determined by OWNER in accordance with paragraph 9. 11. No claim for an adjustment in the Contract Time
will be valid if not submitted in accordance with the requirements of this paragraph 12.01.
12.02 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of
CONTRACTOR if a claim is made therefore as provided in paragraph 12.01. Such delays shall include, omissions
or acts or neglect by OWNER or others performing additional work as contemplated by Article 7,
or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. In the case of the delay
caused by one or more of the events described in this paragraph, an extension of time is the only remedy and, in
such a case, the Contractor will not be entitled to an increase in the contract price.
12.03 All time limits stated in the Contract Documents are the essence of the Agreement.
ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION: REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
Warranty and Guarantee:
13.01 CONTRACTOR warrants and guarantees to OWNER and COUNTY ENGINEER that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as
provided in this Article 13.
Access to Work:
13.02 COUNTY ENGINEER & his representatives, other representatives of OWNER, testing agencies and governmental
agencies with jurisdictional interests will have access to the Work at reasonable times for their
observation, inspecting & testing. CONTRACTOR shall provide proper and safe conditions for such access.
Tests and Inspections:
13.03 CONTRACTOR shall give COUNTY ENGINEER timely notice of readiness of the Work for 011 required inspections,
tests or approvals.
13.04 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to
specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay
all costs in connection therewith and furnish COUNTY ENGINEER the required certificates of inspection,
testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWNER's or COUNTY ENGINEER's acceptance of a
Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment
submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. The cost of
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GENERAL CONDITIONS
00750- 23
all inspections, tests and approvals in addition to the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.05 All inspections, tests or approvals other than those required by Laws or Regulations of any public body
having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by COUNTY
ENGINEER if so specified).
13.061f any Work (including the work of others) that is to be inspected, tested or approved is covered without
written concurrence of COUNTY ENGINEER, it must, if requested by COUNTY ENGINEER, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given COUNTY
ENGINEER timely notice of CONTRACTOR's intention to cover the same and COUNTY ENGINEER has not acted with
reasonable promptness in response to such notice.
13.07 Neither observations by COUNTY ENGINEER nor inspections, tests or approvals by others shall relieve
CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents.
Uncovering Work:
13.08 If any Work is covered contrary to the written request of COUNTY ENGINEER, it must, if requested by COUNTY
ENGINEER, be uncovered for COUNTY ENGINEER's observation and replaced at CONTRACTOR's expense.
13.09 If COUNTY ENGINEER conside"rs it necessary or advisable that covered Work be observed by COUNTY ENGINEER or
inspected or tested by other, CONTRACTOR, at COUNTY ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as COUNTY ENGINEER may require, that portion of the
Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work
is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not
limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall
be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as
to the amount thereof, may make a claim therefore as provided in Article 11. If, however, such Work is
not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension
of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction: and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.
Owner May stop the Work:
13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform
to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated: however, this right of OWNER to stop Work shall not give rise
to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.11 If required by COUNTY ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or, if Work has been rejected by COUNTY
ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all
direct, indirect and consequential costs of such correction or removal (including but not limited to fees
and charges of engineers, architects, attorneys and other professionals) made necessary thereby.
One Year Correction Period:
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GENERAL CONDITIONS
00750-24
13. 12 If within one year after the date of Substantial Completion or such longer period of time as may be
prescribed by Law or Regulations or by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written
instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from
the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of
such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may
have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and
consequential costs of such removal and replacement (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special
circumstances where a particular item may start to run form an earlier date if so provided in the
Specifications or by Written Amendment. Nothing in this paragraph shall be read as constituting a
limitation on any action contrary to that provided in Sec. 95.11 (3) (c), Fla. Statutes.
Acceptance of Defective Work:
13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to
COUNTY ENGINEER's recommendation of final payment, also COUNTY ENGINEER) prefers to accept it, OWNER
may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be approved by COUNTY
ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such 9cceptance occurs prior to COUNTY ENGINEER's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease
in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a
claim therefore as provided in Article 11. If the acceptance occurs after such recommendation, an
appropriate amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13. 14 If CONTRACTOR fails within a reasonable time after written notice of COUNTY ENGINEER to proceed to
correct & to correct defective Work or to remove and replace rejected Work as required by COUNTY ENGINEER
in accordance with paragraph 13. 11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such defiCiency. In
exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the \:'Iork, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials & equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives,
agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such
rights & remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by
OWNER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. Such
direct, indirect & consequential costs will include but not be limited to fees and charges of engineer,
architects, attorneys and other professionals, all court costs and all costs of repair & replacement of
work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of
the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
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GENERAL CONDITIONS
00750-25
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.01 The schedule of values established as provided in paragraph 2.06 will serve as the basis for progress payments & will
be incorporated into a form of Application for Payment acceptable to the COUNTY ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.02At least twenty days before each progress payment is scheduled (but not more often than once a month),
CONTRACTOR shall submit to COUNTY ENGINEER for review an Application for Payment filled out and signed
by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such sup
porting documentation as is required by the Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for Payment shall also be accompanied by a bill
of sale, invoice or other documentation warranting that OWNER has received the materials and equipment
free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in
these General Conditions referred to as "Liens'" and evidence that the materials and equipment are
covered by appropriate property insurance and other arrangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments
will be as stipulated in the Agreement.
CONTRACTOR's Warranty of TItle:
14.03 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the
time of payment free and clear of all Liens.
Review of application for Progress Payment:
14.04 COUNTY ENGINEER will, within fifteen (15) days after receipt of each Application for Payment, either
indicate in writing a recommendation of payment and present the Application to the COUNTY ADMINISTRATOR
for processing, or return the Application to CONTRACTOR indicating in writing COUNTY ENGINEER's reasons
for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and
resubmit the Application. Twenty (20) days after submission of the completed and approved Application for
Payment, the amount recommended will {subjec.t to the provisions of the last sentence of paragraph 14.05} be
paid by OWNER to CONTRACTOR.
14.05 COUNTY ENGINEER may refuse to recommend the whole or any part of any payment if, in COUNTY ENGINEER's
opinion, it would be incorrect to make such representations to OWNER. COUNTY ENGINEER may also refuse to
recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent
inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary
in COUNTY ENGINEER's opinion to protect OWNER from loss because:
14.05.01 the Work is defective, or completed Work has bee damaged requiring correction or replacement,
14.05.02 the Contract Price has been reduced by Written Amendment or Change Order,
14.05.03 OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.14, or
14.05.04 of COUNTY ENGINEER's actual knowledg.e of the occurrence of any of the events enumerated in
paragraphs 15.02.01 through 15.02.09 inclusive.
OWNER may refuse to make payment of the full amount recommended by COUNTY ENGINEER because claims have been
made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or liens have been filed in
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GENERAL CONDITIONS
00750-26
connection with the work or there are other items entitling OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action.
Substantial Completion:
14.06 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and
COUNTY ENGINEER in writing that the entire Work is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that COUNTY ENGINEER issue a certificate of Substantial
Completion. If COUNTY ENGINEER does not consider the Work substantially complete, COUNTY ENGINEER will
notify CONTRACTOR in writing giving the reasons therefore. If COUNTY ENGINEER considers the Work
substantially complete, COUNTY ENGINEER will prepare a tentative certificate of Substantial Completion
which shall fix the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. Upon recommendation from
COUNTY ENGINEER, OWNER makes the decision as to final payment.
14.07 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
Partial Utilization:
14.08 Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract
Documents, or which OWNER, COUNTY ENGINEER and CONTRACTOR agree constitutes a separately functioning
and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the
Work subject to the following:
14.08.01 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the
Work which OWNER believes to be ready for its intended use and substantially complete and request
COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and COUNTY ENGINEER in writing that CONTRACTOR
considers any such part of the Work ready for its intended use and substantially complete and request
COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and COUNTY ENGINEER shall make an
inspection of that part of the Work to determine its status of completion. If COUNTY ENGINEER
considers that part of the Work to be substantially complete, the provisions of paragraphs 14.06
and 14.07 will apply with respect to certification of Substantial Completion of that part of the
Work and the division of responsibility in respect thereof and access thereto.
14.08.02 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any
such part of the Work although it is not substantially complete. A copy of such request will be
sent to COUNTY ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and COUNTY
ENGINEER shall make an inspection of that part of the Work to determine its status of completion
and will prepare a list of the items remaining to be completed or corrected thereon
before final payment. If CONTRACTOR does not object in writing to OWNER and COUNTY ENGINEER that
such part of the Work is not ready for separate operation by OWNER, COUNTY ENGINEER will finalize
the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR
together with a written recommendation as to the division of responsibilities pending final
payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance,
utilities, insurance, warranties and guarantees for that part of the Work which will become
binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless
they shall have otherwise agreed in writing and so informed COUNTY ENGINEER). During such operation
and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on said list and to complete other related Work.
14.08.03 No occupancy or separate operation of part of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.07 in respect of property insurance.
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GENERAL CONDITIONS
00750-27
Final Inspection:
14.09 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, COUNTY
ENGINEER will make a final inspection with OWNER and CONTRACTOR & will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall
immediately take such measures as are necessary to remedy such deficiencies.
Final Application for Payment:
14.10 After CONTRACTOR has completed all such corrections to the satisfaction of COUNTY ENGINEER and delivered
all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection,
marked-up record documents (as provided in paragraph 6.20) and other documents-all as required by the
Contract Documents, and after COUNTY ENGINEER has indicated that the Work is acceptable (subject to the
provisions of paragraph 14.14), CONTRACTOR may make application for final payment following the procedure
for progress payments. The final Application for Payment shall be accompanied by all documentation call
for in the Contract Documents, together with complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu
thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full: an affidavit of
CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a
Bond could be filed, and that all payrolls, material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been
paid or otherwise satisfied: and consent of the surety to final payment. The affidavits and the proof release of
liens are for the administrative convenience of the Owner only and do not create an obligation on the part of
the Owner to see that any third parties are paid for their work or m.aterial. Such persons may seek payment from
the Contractor's public construction bond surety only.
Final Payment and Acceptance
14.11 If, on the basis of COUNTY ENGINEER's observation of the Work during construction and final inspection,
and COUNTY ENGINEER's review of the final Application for Payment and accompanying documentation -
all as required by the Contract Documents, COUNTY ENGINEER is satisfied that the Work has been completed
and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, COUNTY ENGINEER
will, within ten (10) days after receipt of the final Application for Payment, indicate in writing
COUNTY ENGINEER's recommendation of payment and present the Application to COUNTY ADMINISTRATOR for
processing of payment. Otherwise, COUNTY ENGINEER will return the Application to CONTRACTOR, indicating
in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the
necessary corrections and resubmit the Application. Twenty (20) days after presentation to COUNTY
ENGINEER of the Application and accompanying documentation, in appropriate form and substance, the
amount recommended by COUNTY ENGINEER will become due and will be paid by OWNER to CONTRACTOR.
14.12 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if COUNTY
ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and
recommendation of COUNTY ENGINEER, and without terminating the Agreement, make payment of the balance
due for that portion of the Work fully completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less that the retainage stipulated in the Agreement,
and if Bonds have been furnished as required in paragraph 5.01, the written-consent of the surety to the
payment of the balance due for that portion of the Work fully completed and accepted shall be submitted
by CONTRACTOR to COUNTY ENGINEER with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation
14. 13 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall
be absolute. Neither recommendation of any progress or final payment by COUNTY ENGINEER, nor the
issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the
Contract Documents, or any use of occupancy of the Work or any part thereof by OWNER, nor any act of
acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by COUNTY ENGINEER pursuant to paragraph 14.11,
nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance
with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance
with the Contract Docume'1ts (except as provided in paragraph 14.14).
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GENERAL CONDITIONS
00750-28
Waiver of Claims
14.14 The making and acceptance of final payment will constitute:
14.14.01 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearing after final inspection pursuant to paragraph 14.09 or from
failure to comply with the Contract Documents or the terms of any special guarantees specified
therein: however, it will not constitute a waiver by OWNER of any rights in respect of
CONTRACTOR's continuing obligations under the Contract Documents: and
14.14.02 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing
and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work
15.01 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to CONTRACTOR and COUNTY ENGINEER which will fix the date on
which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be
allowed an extension of Contract Time, directly attributable to any suspension if CONTRACTOR makes an
approved claim therefore as provided in Articles 11 and 12.
OWNER May Terminate
15.02 Upon the occurrence of anyone or more of the following events:
15.02.01 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11,
United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at
such time relating to the bankruptcy or insolvency:
15.02.02 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent
or similar relief against CONTRACTOR under any other federal or state law in effect at the time
relating to bankruptcy or insolvency:
15.02.03 if CONTRACTOR makes a general assignment for the benefit of creditors:
15.02.04 if a trustee, receiver, custodian, or agent of CONTRACTOR is appointed under applicable law or
under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of
such property for the benefit of CONTRACTOR's creditors:
15.02.05 if CONTRACTOR admits in writing an inability to pay its debts generally as the become due:
15.02.06 if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but
not limited to, failure to supply sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule established under paragraph 2.09 as
revised from time to time):
15.02.07 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction:
15.02.08 if CONTRACTOR disregards the authority of COUNTY ENGINEER: or
15.02.09 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents:
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GENERAL CONDITIONS
00750-29
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent
permitted by Laws and Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take
possession of the Work and of all CONTRACTOR's tools, appliance, construction equipment, and machinery at the site and
use the same to the full extent they could be used by CONTRACTOR (without liability to the CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case
CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs
incurred by OWNER will be approved as to reasonableness by COUNTY ENGINEER and incorporated in a Change Order, but
when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the
Work performed.
15.03 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR the existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
15.04 Upon seven days' written notice to CONTRACTOR and COUNTY ENGINEER, OWNER may, without cause and
without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In
such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable
termination expenses incurred in ending the work, which will include, but not be limited to, direct, indirect,
and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys,
and other professionals and court costs).
CONTRACTOR May Stop Work or Terminate
15.05 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority, or COUNTY ENGINEER fails to act on any
Application for Payment within twenty days after it is submitted, then CONTRACTOR may, upon seven days'
written notice to OWNER and COUNTY ENGINEER, terminate the Agreement and recover from OWNER payment
for all Work executed and any expense sustained plus reasonable termination expenses. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in
accordance with the progress schedule and without delay during disputes and disagreements with the OWNER.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or
relating to the Contract Documents or the breach thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by paragraph 14.16) will be decided by a Court of Law in
the County of Monroe in the State of Florida. All procedures shall be subject to all the standard
practices of civil proceedings of the State of Florida.
ARTICLE 17 - MISCELLANEOUS
Giving Notice
17.01 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed
to have been validly given if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time
17.02.01 When any period of time is referred to in the Contract Documents by days, it will be computed to
rev. 05/8/96
GENERAL CONDITIONS
00750-30
exclude the first and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.02.02 A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day.
General
17.03Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission
or act of the other party or of any of the other party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing to the other party within a reasonable time
of the first observance of such injury or damage. The provisions of this paragraph 17.03 shall not be
construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.04 The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.01, 13. 12, 13.14, 14.03, and 15.02 and all of
the rights and remedies available to OWNER and COUNTY ENGINEER thereunder, are in addition to, and are not
to be construed in any way as a limitation of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by
other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as
if repeated specifically in the Contract Documents in connection with each particular duty, obligation,
right and remedy to which they apply. All representations, warranties and guarantees made in the Contract
Documents will survive final payment and termination or completion of the Agreement.
******************
END OF SECTION 00750
rev. 05/8/96
GENERAL CONDITIONS
00750-31
SECTION 00800
SUPPLEMENTARY CONDITIONS
1.0 OWNER'S REPRESENTATIVE
The Owner's Representative during the construction period
shall be the Monroe County Engineer. All references in the General
Conditions to the Architect/Engineer are to be replaced by the County
Engineer.
2.0 STANDARD DOCUMENTS
All striping shall conform to the related portions of the Monroe County
Public Works Manual and all applicable Federal, State, and Local Codes
and Ordinances.
3.0 PERMITS
All required permits have been filed by Monroe County and will be made
available to the Contractor for signature after the award of the Contract.
All permit fees have been waived.
4.0 PROGRESS PAYMENTS
At the discretion of the Owner, the progress of Unit Price items which are
not complete and accepted by the County Engineer may be assigned a
value and processed as an equal value of completed units.
*******************
END OF SECTION 00800
9/19/96
SUPPLEMENTARY CONDITIONS
00800- 1
1996 Edition
GENERAL INSURANCE REQUIREMENTS
FOR
CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own
expense, insurance as specified in the attached schedules, which are made part of this
contract. The Contractor will also ensure that the insurance obtained will extend
protection to all Sub-Contractors engaged by the Contractor. As an alternative, the
Contractor may require all Sub-Contractors to obtain insurance consistent with the
attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in the
commencement of work, resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the Contractor's
failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply
with this provision may result in th"e immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of the work
resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
- Certificate of Insurance
or
- A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation,
non-renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
7 /22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900- 1
1996 Edition
The acceptance and/or approval of the Contractor's insurance shall not be construed
as relieving the Contractor from any liability or obligation assumed under this contract
or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as ItAdditionallnsured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Addi.tionallnsured and Loss Payee on all
policies covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County's Risk Manager.
7 /22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-2
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked
with an "X" will be required in the event an award is made to your firm. Please
review this form with your insurance agent and h'ave himlher sign it in the place
provided. It is also required that the bidder sign the form and submit it with each
proposal.
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
X Workers' Compensation
Employers' Liability
---L. Employers' Liability
Employers' Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,0001$500,0001$100,000
$500,0001 $500,000/$500,000
$1 ,000,0001$1 ,000,0001$1 ,000,000
Same as Employers' Liability
WCJA
Same as Employers' Liability
INSCKLST
7/22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-3
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations
- Blanket Contractual
- Expanded Definition
of Property Damage
- Products and Completed Operations
- Personal Injury
Required Limits:
GL 1 $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
\ or
$300,000 Combined Single Limit
GL2 --L $ 250,000 per Person; $500,000 per Occurrence
$ 50,000 Property Damage
or
$ 500,000 Combined Single Limit
GL3 $ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 $ 5,000,000 Combined Single Limit
Required Endorsement:
GLXCU ---X- Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
1996 Edition
7/22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-4
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned; Nonowned; and Hired Vehicles
Required Limits:
VL 1 $ 50,000 per Person; $100,000 per Occurrence
$ 25,000 Property Damage
or
$ 100,000 Combined Single Limit
VL2 ~ $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
VL3 $ 500,000 per Person; $1 ,000,000 per Occurrence
$ 100,000 Property Damage
or
$1 ,000,000 Combined Single Limit
VL4 $ 5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BR1
Builders' Risk
MVC
Motor Truck
Cargo
PR01
PR02
PR03
Professional
Liability
POLl
POL2
POL3
Pollution
Liability
ED1
ED2
Employee
Dishonesty
GK1
GK2
GK3
Garage
Keepers
Limits equal to the completed project.
Limits equal to the maximum value of anyone
shipment.
$ 250,000 per Occurrence / $ 500,000 Agg.
$ 500,000 per Occurrence / $ 1 ,000,000 Agg.
$1 ,000,000 per Occurrence / $ 2,000,000 Agg.
$ 500,000 per Occurrence / $ 1 ,000,000 Agg.
$1 ,000,000 per Occurrence / $ 2,000,000 Agg.
$5,000,000 per Occurrence / $10,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh.)
$ 500,000 ($100,000 per Veh.)
$1,000,000 ($250,000 per Veh.)
INSCKLST
7/22/96
00900-5
SUPPLEMENTARY INSURANCE DOCUMENTS
1996 Edition
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1 ,000,000 Agg.
MED3 $1 ,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum Value of Equipment Installed
Floater
VLP1 Hazardous $ 300,000 (Re"quires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1 ,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1 ,000,000
AIRl Aircraft $ 1 ,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 Errors & $ 500,000 per Occurrence/$l ,000,000 Agg.
AE03 Omissions $1 ,000,000 per Occurrence/$3,000,000 Agg.
EOl Engineers $ 250,000 per Occurrence/$ 500,000 Agg.
E02 Errors & $ 500,000 per Occurrence/$l ,000,000 Agg.
E03 Omissions $1 ,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
7 /22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-6
1996 Edition
INSURANCE AGENTtS STATEMENT
I have reviewed the above requirements with the bidder named below. The
following deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will
comply in full with all the requirements.
Bidder
Signature
INSCKLST
7 /22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-7
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the
Contractor shall obtain Workers' Compensation Insurance with limits
sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$ 500,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, policy limits
. $ 500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire terms of the contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida.
If the Contractor has been approved by the Floridals Department of Labor,
as an authorized self-insurer, the County shall recognize and honor the
Contractorls status. The Contractor may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the Contractor may be required to
submit updated financial statements from the fund upon request from the
County.
WC2
7/22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-8
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the
Contractor shall obtain General Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
- Premises Operations
- Products and Completed Operations
- Blanket Contractual Liability
- Personal Injury Liability
~ Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$ 500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 250,000 per Person
$ 500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition, the period for which
claims may be reported should extend for a minimum of twelve {12} months
following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
GL2
7/22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-9
CONTRACT:
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
BETWEEN
MONROE COUNTY, FLORIDA
AND
1996 Edition
Recognizing that the work governed by this contract involves either
underground exposures, explosive activities, or the possibility of collapse of a
structure, the Contractor's General Liability Policy shall include coverage for
the XCU (explosion, collapse, and underground) exposures with limits of
liability equal to those of the General Liability Insurance Policy.
GLXCU
7/22/96
00900- 1 0
SUPPLEMENTARY INSURANCE DOCUMENTS
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of
vehicles, the Contractor, prior to the commencement of work, shall obtain
Vehicle Liability Insurance. Coverage shall be maintained throughout the
life of the contract and include, as a minimum, liability coverage for:
- Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$ 300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 1 00,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
VL2
7 /22/96
SUPPLEMENTARY INSURANCE DOCUMENTS
00900- 11
SECTION 01000
SPECIAL CONDITIONS
1.1 SCOPE
A. The Project consists of striping and installing reflective pavement
markers on C-905 in Key Largo.
1.2 STANDARD DOCUMENTS
A. Striping shall conform to the technical portions of the most
recently published edition of Florida D.O.T. Standard
Specifications for Roadway Construction, and all appropriate
portions of the Monroe County Public Works Manual, except
when otherwise indicated hereinafter.
1.3 LAYING OUT THE WORK
A. The Contractor shall be responsible for establishing all lines and
all reference points as required by the various trades for all work
under this Contract.
B. The Contractor shall provide all labor and instruments and all
stakes, templates, and other materials necessary for marking
and maintaining all lines. The lines shall be subject to any
checking the County Engineer may decide necessary.
C. No separate cost item is provided for laying out the work, the
cost of which shall be included in the unit prices for items in the
bid.
1 .4 CONTRACTOR'S OFFICE
A. The Contractor shall provide and maintain an office with telephone
facilities where he or a responsible representative of his organization
may be reached at any time while work is in progress. Such office
may be at any location the Contractor considers desirable within
Monroe or Dade County.
1.5 CARE OF TREES, SHRUBS AND GRASS
A. The Contractor shall be fully responsible for maintaining in good
condition all cultivated grass plots, trees and shrubs inside the County
and D.O.T. right-of-way. Where maintained shrubbery, grass strips or
7/22/96
SPECIAL CONDITIONS
01000-1
area within the right-of-way must be removed or destroyed incident
to the construction operation, the Contractor, after completion of
the work, must replace or restore to the original condition all
destroyed or damaged shrubbery, grass areas or pearock areas. He
must, however, leave the area in a clean and workmanship
condition. Tree limbs wh.ich interfere with equipment operation and
are approved for pruning shall be neatly trimmed and the tree cut
coated with a tree paint. Care of trees, shrubs and grass shall be
considered incidental & cost shall be included in the bid price of the
items listed in the bid.
1.6 DAMAGE TO EXISTING STRUCTURES AND UTiliTIES
A. The Contractor shall be responsible for and make good all damage
to pavement beyond the limits of this Contract, buildings, telephone
or other cables, water ,pipes, sanitary pipes, or other structures which
may be encountered, whether or not shown on the Drawings.
B. Information shown on the Drawings as to the location of existing
utilities has been prepared by the most reliable data available to
the Engineer. This information is not guaranteed, however, and it
shall be this Contractor's responsibility to determine the location,
character and depth of any existing utilities. He shall assist the utility
companies, by every means possible to determine said locations.
Extreme caution shall be exercised to eliminate any possibility of
any damage to said locations. Extreme caution shall be exercised
to eliminate any possibility of any damage to utilities resulting from
his activities.
1.7 RECORD DRAWINGS
A. Record Drawings will not be required for this project.
1.8 PROJECT SIGNS
A. A Project sign will be provided by Monroe County and installed by
the Contractor.
1.9 MAINTENANCE OF TRAFFIC
A. The Contractor shall be responsible for the proper maintenance
control & detour of traffic in the area of construction, during the
course of construction. All traffic control & maintenance
procedures shall be in accordance with the requirements of either
the Florida D.O.T. or Monroe County, within their respective areas of
9/19/96
SPECIAL CONDITIONS
01000-2
jurisdiction. It shall be the Contractor's responsibility, as Bidder, prior
to submitting his Bid, to determine the requirements of these
agencies so that his Proposal reflects all costs to be incurred.
B. Traffic shall be maintained at all times where practical and as more
particularly specified hereinafter. No traffic shall be detoured
without prior knowledge and approval of the traffic control agency
having jurisdiction. The Contractor shall notify such agencies 48
hours in advance of such time he proposes to detour traffic.
C. The Contractor shall keep all law enforcement, fire protection and
ambulance agencies informed, in advance, of his constrvction
schedules, and shall notify all such agencies 48 hours in advance, in
the event of detour of any roadway.
D. All traffic control signs and devices, barricades, flashers, flambeaus
and similar devices shall be furnished and maintained by the
Contractor.
E. Work shall be conducted in such a manner to cause the
least possible interruption to traffic. Necessary access to and from
adjacent properties shall be provided at all times.
1.10 BARRICADES AND PROTECTION OF WORK
A. The Contractor shall protect his work throughout its length by the
erection of suitable barricades, where required. He shall further
indicate his work at night by the maintenance of suitable lights or
flares. He shall comply with all laws or ordinances covering the
protection of such work and the safety measures to be employed
therein. The Contractor shall carry out his work so as not to deny
access to private property. All utility access manholes, valves, fire
hydrants, and letter boxes shall be kept accessible at all times.
***************
END OF SECTION 01000
9/19/96
SPECIAL CONDITIONS
01 000-3
SECTION 01025
MEASUREMENT AND PAYMENT
1.0 GENERAL
A. The Contractor shall receive and accept the compensation
provided in the Proposal and the Contract as full payment for
furnishing all materials, labor, tools and equipment, for
performing all operations necessary to complete the work under
the Contract, and also in full payment for all loss or damages
arising from the nature of the work, or from the action of the
elements or from any unforeseen difficulties which may be
encountered during the prosecution of the work until final
acceptance by the Owner.
B. The prices stated in the proposal include all costs and expenses
for taxes, labor, equipment, materials, commissions,
transportation charges and expenses, patent fees and royalties,
labor for handling materials during inspection, together with any
and all other costs and expenses for performing and completing
the work as shown on the plans and specified herein. The basis
of payment for an item at the unit price shown in the proposal
shall be in accordance with the description of that item in this
Section.
C. Should the Contractor feel that the cost for any item of work has
not been established by the Bid Form or Payment Items, he shall
include the cost for that work in some other applicable bid item,
so that his proposal for the project does reflect his total price for
completing the work in its entirety.
D. This is a unit cost project. The quantity of each item may vary
above or below the bid quantity. In some cases, the final
quantity of an individual item may be zero. The amount of
money paid to the Contractor will be based upon actual
quantities completed. The total amount paid to the Contractor
shall not exceed the contract amount as indicated in Section
00500 - Form of Agreement.
2.0 MEASUREMENT
09/11/96
MEASUREMENT AND PAYMENT
01025-1
A. The quantities for payment under this Contract shall be
determined for those completed items, in place, ready for
service and accepted by the Owner, in accordance with the
applicable method of measurement therefore contained
herein. A representative of the Contractor shall witness any
. field measurements.
3.0 PAYMENT ITEMS
A. The first five (5) digits of an item number represent the Section in
which the item is specified.
Item 1 General Provisions
Item 2
a.
Measurement and payment of individual items for
General Provisions will not be made, rather, all items shall
be included in the lump sum price.
b.
Payment for General Provisions will be made at the
Contract lump sum price, which price and payment shall
be full compensation for all the Contractor's overhead
and profit required to complete the project as specified in
the Scope of Work. This item will be paid one time only for
this project.
Maintenance of Traffic
a.
Measurement and payment of individual items for
Maintenance of Traffic will not be made, rather, all items
shall be included in the lump sum price.
b.
Payment for Maintenance of Traffic will be made at the
Contract lump sum price, which price and payment shall
be full compensation for construction and maintenance
of any necessary detour facilities: the providing of
necessary facilities for access to residences, business, etc.,
along the project: the furnishing, installing and
maintaining of traffic control, barricades, railings, warning
lights, and other safety devices during construction, and
other special requirements for safe and expeditious
movements of traffic as called for in the Specifications
and shown on the Drawings.
09/11/96
01025-2
MEASUREMENT AND PAYMENT
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
Item 9
c.
Payment for Maintenance of Traffic will be made in the
following manner, up to 80% of the lump sum price on the
first pay request, dependent upon the percentage of
work completed. The final 20% will be held until the Final
Pay Request.
6" White Solid Pavement Markings
4" Yellow Solid Pavement Markings
4" Yellow Skip Stripe Pavement Markings
18" White Pavement Markings
24" White Stop Bar
(02580) Pavement Markings
a.
The quantity of Pavement Markings to be paid will be
. the actual quantity as measured in the field. This quantity
is based upon actual applied striping and does not
include measurement of gaps.
b.
Payment for Pavement Markings will be made at
the contract unit price per linear foot, which price shall be
full compensation for all materials, tools, equipment, labor
and work necessary to complete the item.
Stop Messages
Bi-Directional Reflective Pavement Markers
(02580) Pavement Markings
a. The quantity of Stop Messages and Reflective Pavement
Markers to be paid will be the actual quantity as
measured the field.
b. Payment for Stop Messages and Reflective Pavement
Markers will be made at the contract unit price per
reflective marker, which price shall be full payment for all
materials, tools, equipment, labor and work necessary to
complete the item. Payment for installation of Reflective
Pavement Markers will also include the cost for removal
and disposal of old markers.
****************
END OF SECTION 01025
09/19/96
01 025-3
MEASUREMENT AND PAYMENT
SECTION 01027
APPLICATION FOR PAYMENT
1.1 SUMMARY
This section provides procedures for preparation and submittal of
Applications for Payment.
1 .2 FORMAT
The Application and Certificate for Payment including the Worksheet is the
required format for submitting invoices. A copy of these forms are included
in this section. The Owner reserves the right to modify the format to better
suit his internal accounting system.
1.3 PREPARATION OF APPLICATIONS
A. The Contractor is required to follow the following procedure for
filling-out the Application for Payment form.
1 . Present required information in typewritten form.
2. List Contractor's schedule of values on the Application for
Payment form identifying the progress, and payment
amounts for each item as indicated on the form.
3. List each authorized Change Order on the form, including
change order number, date, change in dollar amount,
and change in time amount, etc as required.
4. Execute certification by notarized signature of authorized
officer.
5. Attach to the Application for Payment, a completed and
properly executed Affidavit and Partial Release of Lien
form also contained in this section.
1.4 SUBMITTAL PROCEDURES
A. Initial Payment Application:
6/17/96
APPLICATION FOR PAYMENT
01027-1
The following documentation must be submitted prior to
processing the initial payment application:
1. Approved schedule of values
2. Approved construction schedule
3. Approved submittal schedule
B. The initial Application for Payment will not be processed until the
Contractor's construction schedule, the schedule of values, and
the initial submittal schedule have been received, reviewed
and approved by the Owner's Representative.
C. Submit an updated construction and submittal schedule with
each Application for Payment.
D. Payment Period: Submit once per month, during the last week
of the month. Payment will be made by the Owner
approximately 20 days after receipt of completed
documentation.
E. Submit one (1) copy of each Application for Payment.
1.5 SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating
information, submit data justifying dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of
submittal. Indicate Application number and date, and line item
by number and description.
1.6 FINAL PAY REQUEST
A. When the work has been completed, the Contractor shall;
submit a final application for payment, execute a Final Release
of Lien and an Affidavit declaring that all bills have been paid in
full.
B. These documents will be furnished to the Owner on a form
similar to those supplied.
6/17/96
APPLICATION FOR PAYMENT
01027-2
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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
dote 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 F.I.C.A. and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract
balance as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS .
day of
, 19_.
Witness
Name of Company
Witness
Signature, Title
6/18/96
APPLICATION FOR PAYMENT
01027-5
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es)
hereby release and quit claim to Monroe County, Florida, the Owner, its
successors or assigns, all liens, lien rights, claims or demands of any kind
whatsoever which
has (have) or might have against the property, building, and/or improvements,
on account of labor performed, material furnished, and/or for any incidental
expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS _ day of
,19 _
(Witness)
(Name of Company)
(Notary Public)
My commission expires:
6/18/96
APPLICATION FOR PAYMENT
01027-6
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
(Address)
TO: (Owner)
CONTRACTOR:
In accordance with the provisions of the Contract between the Owner and the
Contractor as indicated above, the (here insert name and address of Surety Company)
SURETY COMPANY, on bond of (here insert name and address of Contractor)
CONTRACTOR, herby approves of the final payment to the Contractor, and agrees
that final payment to the Contractor shall not relieve the Surety Company of any of
its obligation to (here insert name and address of Owner)
OWNER, as set forth inthe said Surety Company's bond.
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hand this
day of
19_.
Surety Company
Signature of Authorized Representative
Title
***************
END OF SECTION 01027
6/18/96
APPLICATION FOR PAYMENT
01027-7
SECTION 01301
SUBMITT ALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Submit to the County Engineer, submittal
schedule, shop drawings, product data, certifications and samples
required by the Technical Specifications.
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.
C. The Contractor shall allow a minimum of (1) week for review of
submittal by the County Engineer (in calendar days).
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within seven (7) days of
award of the Contract a preliminary "Submittal
Schedule-- to the County Engineer for review,
modification and response. No payment applications
will be processed prior to finalizing the submittal
schedule. The "Submittal Schedulell shall contain the
following information:
1. Specification Section number and name.
2. Specification Section paragraph identification
which describes submittal requirement.
3. Submittal information required, (Le., sample,
test data, shop drawing, etc.).
B. The Contractor shall also supply the following dates in
order to meet the project schedule.
1. Date submittal is scheduled to be submitted and
6/17/96
SUBMITTALS
1 30 1 - 1
received by the County Engineer.
2. Date Contractor has scheduled to order material or
other 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 the County Engineer
should be aware of.
C. The Contractor shall allow a minimum of one (1) week
for review of submittal by the County Engineer (in
calendar days).
D. The submittal master record will then be used to track
submittals within the process.
1.3 SHOP DRAWINGS
A. Submit legible shop drawings in the form of positive printing
reproducible transparencies, commonly called sepia prints, suitable
for reproduction use on dry print diazo type machines. Sepia prints
which cannot be reproduced will be returned to the Contractor for
resubmittal.
B. Provide shop drawings as complete submittals (no partial sets) on
original drawings or information prepared solely by the fabricator or
supplier. Deviation from complete submittals will only be allowed
by pre-arranged method.
C. Do not reproduce the Contract Drawings for shop drawing
submittals.
D. Sheet sizes shall not exceed the size of the Contract Drawings.
E. Each sepia print shall have blank spaces large e'nough to accept
the signature of the County Engineer and the Contractor.
F. Each sepia print shall carry the following information:
1. Project name and contract number.
2. Date.
3. Names of:
6/17/96
SUBMITT ALS
1301-2
a. The County Engineer
b. The Contractor
c. Supplier
d. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Applicable standards such as ASTM or Federal Specification.
9. Identification of deviations from Contract
Documents.
10. Reference to construction drawings by drawing number
and/or detail number.
G. Submit sepia prints without folds either as flat sheets
if size permits, or rolled in tubes.
H. The Contractor shall submit (1) reproducible and (1)
copy to the County Engineer. The County Engineer will return (1)
copy to the Contractor.
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's
sheets may be submitted in lieu of sepia prints if adequately
identified. Submit two copies of product data to the County
Engineer.
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. Product data sheets that are submitted with extraneous information
not deleted and/or modified will be returned without review to the
Contractor for resubmittal.
D. The Contractor shall submit at a minimum, (1) original and (1) copy
to the County Engineer. The County Engineer will return (1) copy to
the Contractor after review.
6/17/96
SUBMITT ALS
1 30 1 -3
1.5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship,
and to establish standards by which completed work may be
judged.
B. The Contractor shall submit (2) samples to the County Engineer, and
(1) will be returned to the Contractor after review.
1.6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on
the Contractor's letterhead stationary. Certifications shall be
identified to this Project, dated and bear Contractor's signature in
the same format used for the Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material
and the intended installation methods, where applicable, are in
compliance with the Contract Documents. Attach manufacturer's
affidavits where applicable.
C. The Contractor shall submit (1) original and (1) copy to the County
Engineer. The County Engineer will return (1) set to the Contractor
after review.
1.7 THE CONTRACTOR'S RESPONSIBiliTIES
A. Before making submittals to the County Engineer, review each
submittal, make changes or notations as necessary to conform to
the Contract Documents, identify such review with review stamp
and forward reviewed submittal with comments to the County
Engineer for review. Return submittals not meeting Contract
requirements to subcontractors and do not forward such submittals
to the County Engineer.
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.
6/17/96
SUBMITT ALS
1 301-4
C. Verify field measurements and product catalog numbers or
similar data.
D. Clearly identify on the submittal and transmittal to the County
Engineer in writing of deviations in submittals from the requirements
of the Contract Documents.
E. After the County Engineer's review, ,distribute copies
with one copy to be maintained at the Project Site for
reference use and other copies distributed to suppliers
and fabricators.
F. Do not begin the Work which requires submittals until return of
submittals with the County Engineer's initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is
not relieved by the County Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from
requirements of the Contract Documents is not relieved by the
County Engineer's review of submittals unles~ the County Engineer
gives written acceptance of specific deviations.
1.8 THE ENGINEER'S RESPONSIBiliTIES
A. The County Engineer 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 County Engineer will make changes or notations directly on the
submittal, identify such review with his signature, and return the
submittal to the Contractor.
C. The County Engineer will return to the Contractor, without review, all
submittals not bearing the Contractor's review stamp or not showing
it has been reviewed by the Contractor.
D. The County Engineer will forward submittals to the Contractor and
retain one copy for the Owner. The Contractor shall distribute
copies including other copies distributed to suppliers and
6/17/96
SUBMITTALS
1 301-5
fabricators. The Contractor shall supply copies of reviewed
submittals to the County's Inspector in sufficient quantity to allow
proper coordination of the Contract.
****************
END OF SECTION 01301
6/17/96
SUBMITT ALS
1 30 1-6
SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: 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.
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.
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.
C. Dispose of waste materials, debris and rubbish off the
site.
D. Trash containers shall be provided by Contractor and
located in trash accumulation areas designated by the
6/17/96
CONSTRUCTION CLEANING
01595-1
County Engineer. 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 to be removed by the receiving
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 the County
Engin"eer.
****************
END OF SECTION 01595
6/17/96
CONSTRUCTION CLEANING
01595-2
SECTION 01630
POST-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Post-bid substitutions.
1.2 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
B. After the end of the bidding period, substitution requests will be
considered only in the case of:
1 . Product unavailability
2. Other conditions beyond the control of the Contractor.
c. Submit a separate request for each substitution. Support
each request with the following information:
1 . Complete data substantiating compliance of proposed
substitution with requirem,ents 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 s,pecified, listing significant variations.
3. Data relating to changes in construction schedule.
6/17/96
POST-BID SUBSTITUTIONS
01630-1
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with
product specified.
o. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services,
sources of replacement materials.
D. Substitutions will not be considered for acceptance when:
1 . A substitution is indicated or implied on shop drawings or
product data submittals without a formal request from
Bidder.
2. Acceptance will require substantial revision of Contract
Documents.
3. In judgement of the County Engineer 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 the County Engineer.
F. County Engineer 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.
6/18/96
POST-BID SUBSTITUTIONS
01630-2
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.
S. Complete cost data is attached and includes related
costs under the Contract, but not:
a. Costs under separate contracts.
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.
To: County Engineer
5100 College Road
Key West, FL 33040
We hereby submit for your consideration the following product
instead of the specified item for the above project:
DRAWING NO.
DRAWING NAME
SPEC. SEC.
SPEC. NAME
PARAGRAPH
SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawing and/or
Specifications which proposed substitution will require for its
proper installation.
Submit with request necessary samples and substantiation data to
prove equal quality and performance to that which is specified.
Clearly mark manufacturer's literature to indicate equality in
performa nce.
6/18/96
POST-BID SUBSTITUTIONS
01 630-3
The undersigned certifies that the function, appearance and quality
are of equal performance and assumes liability for equal
performance, equal design and compatibility with adjacent materials.
Submitted By:
Signature
Title
Firm
Address
Telephone
Date
Signature shall be by person having authority to legally bind
his firm to the above terms. Failure to provide legally binding
signature will result in retraction of approval.
For use by the County Engineer:
_ Approved
Not Approved
Approved as noted
Insufficient data received
By
Date
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?
6/18/96
POST-BID SUBSTITUTIONS
o 1 630-4
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 SECTION 01630
6/17/96
POST-BID SUBSTITUTIONS
o 1 630-5
r
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l\10NROE COlJNTY
TE(~HT\TIC~AL SPE(~IFIC~A TIONS
C-905 STRIPING
I(EY LARGO
~Ionroe COUIlty,
...,.'
Florida
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Oc.tc)ber 199(;
Prepared By:
~A()NRClE COtJhlTY' PlJE3LlC \NORl<S
EN (;\ f".,J EERlf',} C?; [JEP ART~.A Er\l T
'-
~
SECTION 02580
PAVEMENT MARKINGS
PART 1 - GENERAL
1.1 WORK INCLUDED
A. This Section specifies the furnishing and application of
thermoplastic, glass beads, and reflective pavement markings.
1.2 QUALITY ASSURANCE
A. Thermoplastic, glass beads and reflective pavement markings
shall be applied in accordance with the most recently
published edition of the Florida Department of Transportation
· Standard Specifications for Road and Bridge Construction, the
1990 Roadway and Traffic Design Standards and the Florida
Manual on Traffic Control and Safe Practices for Street and
Highway Construction.
1.3 SUBMITTALS
A. Submit certificates stating that materials meet Florida
Department of Transportation Specifications Sections 706
through 711,971-12,971-13 and 971-14.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Thermoplastic: The Thermoplastic compound used shall meet
the requirements ot Section 711 of the 1991 F.D.O.T.
Standard Specification for Road and Bridge Construction.
B. Glass Beads: Glass beads shall meet the requirements of
Section 971-14 of the 1991 F.D.O.T. Standard Specification for
Road and Bridge Construction.
C. Type 1 to Type 5 Mono-Directional and Bi-Directional Reflective
Pavement Markers: The markers shall meet the requirements of
6/17/96
P A YEMENT MARKINGS
02580- 1
Section 706-2 of the 1991 F.D.O.T. Standard Specification for
Road and Bridge Construction.
PART 3 - EXECUTION
3.1 APPLICATION
A. Equipment shall conform with F.D.O.T. Standard Specification
for Road and Bridge Construction Section 710-3 or 711-3.
B. Dimensions and alignment tolerances shall conform with
F.D.O.T. Standard Specifications Section 710-5 and 711-4.
c. Application of thermoplastic compound and glass beads for
traffic striping, arrows, messages, and markings shall conform
with F.D.O.T. Standard Specification Sections 711-2, 711-3, and
711-4.
D. Application of reflective pavement markers shall conform with
F.D.O.T. Standard Specification Section 706-3.
E. Protection of newly applied thermoplastic and
newly applied markers from traffic shall conform with F.D.O.T.
Standard Specification Sections 710-7 and 711-6.
*****************
END OF SECTION 02580
6/18/96
PAVEMENT MARKINGS
02580- 2
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