Item P024
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: P.2
Agenda Item Summary #2162
BULK ITEM: DEPARTMENT:
Yes Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING:
Authorize entering into a contract with Adventure Environmental,
Inc. for $1,524,040 for the C83 canal restoration project in Key Largo, which includes muck
removal, backfilling, and air curtain installation.
ITEM BACKGROUND:
Approval to negotiate was received at the September 21, 2016 BOCC
meeting. Staff negotiated terms and conditions and pricing with the top ranked vender Adventure
Environmental. Included in the negotiation process was the BOCC directive to provide additional
dust control and to work cooperatively with the daycare center located at the end of the project canal.
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Staff met with the daycare owner on September 27, 2016, and the daycare owner indicated his
support of the project and the additional measures for dust control at the site. Additionally, the
contractor originally agreed to match the price of the lowest proposal, but requested an additional
$5,000 in fees for the additional dust control measures dictated by the BOCC.
The 3 member selection committee ranked the proposals as follows, with the revised contract price
shown:
Firm Rank Price REVISED PRICE
Adventure Environmental 1 $1,607,830.00 $1,524,040.*
BC Peabody 2 $1,554,049.98
Earth Tech 3 $1,734,183.50
*Includes a $53,780 negotiated price reduction, an additional deduction for $35,000 set aside for a
separate Operations and Maintenance Contract, and an add-in for $5,000 for additional dust control
measures.
The Canal #83 Combined Organic Removal and Backfilling project is the first combination muck
removal and backfilling project to be conducted. It is designed for muck removal to depths greater
than -
Amendment Policy 202.8.6 allowed an exemption to Policy 202.8.4 only for the first two organic
removal demonstration projects to be completed with dredging below -6 feet Mean Low Water
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without backfilling. Policy 202.8.6 specified that prior to results of 2 years of monitoring at the first
two sites, additional organic removal projects to depths exceeding -6 feet Mean Low Water need to
include backfilling. This Canal #83 project will allow a comparison of the additional water quality
improvement by including backfilling to a muck removal project to assist in future determination as
to whether backfilling is needed after organic removal in order to meet water quality standards. It is
much more expensive to include it.
The presence of the muck in this canal has depleted the dissolved oxygen levels in the canal waters
and the removal of the muck and subsequent backfilling to enhance natural flushing will help to
restore the canal waters to State Department of Environmental Protection Dissolved Oxygen
standards. Canal #83 in Rock Harbor between Grouper and Bonito Lanes in southern Key Largo
was selected utilizing the Canal Management Master Plan ranking criteria. This project will be the
new seventh demonstration canal project to be implemented. This canal is among the worst as to
water quality in the entire County.
PREVIOUS RELEVANT BOCC ACTION:
3/23/16: Approval to advertise a Request for Proposals for completing a combination Organic
Removal and Backfilling Canal Restoration Demonstration Project in Canal #84 Rock Harbor,
Monroe County, Florida. [Note: C83 was subsequently selected once it was determined that no
volunteered access lots were available on C84.]
09/21/16: Approval to Negotiate with the 3 vendors in rank order
CONTRACT/AGREEMENT CHANGES:
Contractor shall daily water down the fill to be used for backfilling on site and work to provide as
dust-free site as possible. Contractor shall provide close communication about project status with
the daycare owners and shall report any concerns received from the daycare owners, parents or
neighbors immediately to the County. The Contractor shall monitor the odor and any noxious fumes
that may occur, and shall immediately report any release of noxious fumes to the County and
Engineer.
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Monroe Canal 83 Contract signed
Exhibit A Final Design Drawings Canal 83 - 8.5 x 11
Exhibit B - Unit Pricing
FINANCIAL IMPACT:
Effective Date: Expiration Date:
October 29, 2016120 days after Notice to Proceed
Total Dollar Value of Contract:
$1,524,040.
Total Cost to County: Current Year Portion:
$1,524,040$1,524,040.
Budgeted: Source of Funds:
YesInfrastructure Tax Funds
CPI: Indirect Costs:
No
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Estimated Ongoing Costs Not Included in above dollar amounts:
Est $35,000 for O&M
Revenue Producing: If yes, amount:
No
Grant: County Match:
NoNo
Insurance Required: Additional Details:
Yes
REVIEWED BY:
Rhonda Haag Completed 10/03/2016 9:55 AM
Pedro Mercado Completed 10/03/2016 12:11 PM
Budget and Finance Completed 10/03/2016 1:24 PM
Maria Slavik Completed 10/03/2016 1:26 PM
Kathy Peters Completed 10/03/2016 2:10 PM
Board of County Commissioners Pending 10/19/2016 9:00 AM
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Between Owner and Contractor
AGREEMENT
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Made as of the HE]SJ3GXSFIV
BETWEEN the Owner: Monroe County Board of County Commissioners
1100 Simonton Street
The Gato Building, Room 2-205
Key West, Florida 33040
And the Contractor: ADVENTURE ENVIRONMENTAL INC.
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12895 Southwest 87 Avenue
Miami, Florida 33176
For the following Project:
Organic Removal, Backfilling, and Air Curtain Water Quality Improvement Project
Canals #83 Rock Harbor, Key Largo, Monroe County, FL
This Agreement represents one of the canal restoration demonstration projects
approved by the Monroe County BOCC, whose public purpose is to improve the water
quality in Monroe County.
Scope of the Work
1. 4VSNIGX3ZIVZMI[
The Scope of Work for Canal #83 located between Grouper Lane and Bonito Lane in
Rock Harbor on Key Largo, Florida consists of organic removal, backfilling and
installation of an air curtain. The migration of weed rack into the canal has resulted in
the accumulation of weed rack that has decomposed into organic muck that consumes
the dissolved oxygen present in the canal, thus preventing the ability of the canal to
properly support marine life. The organic muck removal activities are to be completed
to remove the oxygen depleting organic materials. The backfilling activities are to be
completed so that a natural benthic community can be established. The air curtain
activities are to be completed to prevent the migration of weed wrack into the canals
and the subsequent water quality degradation associated with the accumulation of weed
wrack on the canal bottoms.
2. +IRIVEP4VSNIGX-RXIRXERH7GSTI
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
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of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
3. +IRIVEP6IUYMVIQIRXW
A. Construction work times shall be limited to:
8AM to 6PM Mon-Fri, excluding holidays
B. Contractor needs to be aware of weather and location and plan accordingly.
C. Contractor must remain aware of the community residences and plan
accordingly. Coordination of each days works shall be done in advance with
approval from AMEC/Engineer.
D. The Scope of Work shall include, but not be limited to, all work shown and listed
in the Project Drawings ()\LMFMX%). The Contractor is required to provide a
complete job as contemplated by the drawings and specifications, which are a
part of this proposal package. The Contractor shall furnish all labor, supervision,
materials, power, tools, equipment, supplies and any other means of construction
necessary or proper for performing and completing the Scope of Work, unless
otherwise specifically stated.
Monroe County has made all reasonable efforts to obtain the required permits for this
project. If the Contractor is aware of another permit that is required, it is up to them to
obtain it.
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The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to AMEC prior to notice to
2. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
3. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify
Sustainability Manager in any event, in order to not compromise the
Owner's right to make appropriate decisions.
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4. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
5. Contractor shall provide suitable storage container, and be responsible for
disposal off-site of all debris and trash.
6.
hours for Job Site access. Job site will have limited 8AM-6PM work hours
Mon-Friday excluding holidays. Contractor will need to schedule work
shifts typically from 8AM-6PM weekly. Any change to the agreed upon
schedule must be obtained in writing with a minimum of 72 hrs. advanced
notice.
7. Coordination of each days works shall be done in advance with approval
from AMEC / Engineer.
8. Contractor shall daily water down the fill to be used for backfilling on site
and work to provide as dust-free site as possible.
9. Contractor shall provide close communication about project status with the
daycare owners and shall report any concerns received from the daycare
owners, parents or neighbors immediately to the County.
10. The Contractor shall monitor the odor and any noxious fumes that may
occur, and shall immediately report any release of noxious fumes to the
County and Engineer.
The Engineer is: AMEC Foster Wheeler Environment & Infrastructure
Greg Corning
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5845 NW 158 Street
Miami Lakes, Florida, 33014
314-920-8359
The Owner and Contractor agree as set forth below.
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The Contract Documents consist of this Agreement, Conditions of the Contract
(General, Supplementary and other Conditions), Drawings, Specifications, Proposal
Documents, Addenda issued prior to execution of this Agreement, together with the
response to RFP and all required insurance documentation, and Modifications issued
after execution of this Agreement. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
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Documents, other than Modifications, appears in Article 9. In the event of a discrepancy
between the documents, precedence shall be determined by the order of the documents
as just listed.
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The Contractor shall execute the entire Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be the
responsibility of others, or as follows RSXETTPMGEFPI
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3.1 The date of commencement is the date to be fixed in a notice to proceed issued
by the Owner. The Contractor shall proceed with Work no later than 7 calendar days
after receipt of the Notice To Proceed. Failure to commence with Work within the 7 day
time period shall result in a $500.00 fine to the Contractor for each day that work does
not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for
days 31 and thereafter, as specified below.
The Contractor shall accomplish Substantial Completion of the Combined Project within
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calendar days from Notice to Proceed. The time or
times stipulated in the contract for completion of the work of the contract or of specified
phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth b
signature of approval on the Certificate of Substantial Completion. The liquidated
damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
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4.1
performance of the Contract the Contract Sum of One Million Five Hundred Twenty
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Four Thousand Forty Dollars ($1,524,040.) subject to additions and deductions as
provided in the Contract Documents.
4.3 Unit prices are included in Exhibit B.
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5.1 Based upon Applications for Payment submitted by the Contractor to the
Sustainability Program Manager, and upon approval for payment issued by the
Sustainability Program Manager, and Engineer, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local
Government Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The Schedule
of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy
as the Sustainability Program Manager may require. This schedule, unless objected to
by the Sustainability Program Manager, shall be used as a basis for reviewing the
5.5 Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of Ten Percent 10%. Pending final determination of cost to the
owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Sustainability Program Manager. When
both additions and credits covering related Work or substitutions are involved in a
change the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the
General Conditions.
5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
incrementally at the discretion of and upon the approval of the Sustainability Manager.
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Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when (1) the Contract has been fully performed by
the Contractor except for the
as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other
requirements, if any, which necessarily survive final payment, and (2) a final approval
for payment has been issued by the Sustainability Program Manager. Such final
payment shall be made by the Owner not more than 20 days after the issuance of the
final approval for payment. The following documents (samples in section 1027) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided
binders and one (1) saved electronically tabbed and indexed in Adobe
Acrobat file (.PDF) format delivered on a downloadable CD/DVD or flash
drive of all the following but not limited to:
A .Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's
personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility
companies).
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7.1 Where reference is made in this Agreement to a provision of the General
Conditions or another Contract Document, the reference refers to that provision as
amended or supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt
Payment Act and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General
Conditions
7.4
contingent upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
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Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to trial by jury. The County and Contractor agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement
by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding, pursuant to Section XVI of
this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party
non-
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further
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the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
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l) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Contractor. Contractor is required to:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the Contractor and the County in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
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waiver of immunity to the extent of liability coverage, nor shall any contract entered into
by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
nefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and
case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
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v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Contractor or any of its employees, agents, contractors or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
In the event that 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. Should any claims be asserted against the County
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall hold the
County harmless and shall indemnify it from all losses occurring thereby and shall
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of
any provision of this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
the opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations
to ensure
County and Contractor and subcontractors shall not discriminate on the basis of race,
AGREEMENT 00500-Page of
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color, national origin or sex in award and performance of contracts, entered pursuant to
this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor
subcontracts any or all of the work in this project to any third party, the Contractor
specifically agrees to identify the COUNTY as an additional insured on all insurance
policies required by the County. In addition, the Contractor specifically agrees that all
agreements or contracts of any nature with his subcontractors shall include the
COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its
buildings to conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this
Project.
%68-'0)
8IVQMREXMSRSV7YWTIRWMSR
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the
General Conditions.
%68-'0)
)RYQIVEXMSRSJ'SRXVEGX(SGYQIRXW
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (Insert information here).
a) Drawings:
b) Project Manual:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in
the Project Manual included as the Request For Proposals dated June 2016.
9.1.4 The Addenda, if any, are as follows:
Number Date Page
Addendum No. 1 June 24, 2016 1-14
Addendum No. 2 August 4, 2016 1- 197
Addendum No. 3 August 8, 2016 1
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9.1.5 The Alternates, if any, are as follows:
%PXIVREXI2S
_____________________________________________________________________
______________________________________________________________________
)2(%08)62%8)7
AGREEMENT 00500-Page of
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+VIKSV]8SPTMR
:4
1SRVSI
3GXSFIV
+VIKSV]8SPTMR
*0(0
'EREP 6IWXSVEXMSR4VSNIGX
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4EGOIX4K
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
+)2)6%06)59-6)1)287
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 00990 Special Conditions
Section 01010 Summary of Work
Section 01015
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information (RFI)
Section 01400 Quality Control
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7IGXMSR
General Conditions of the Contract for Construction
8EFPISJ%VXMGPIW
1. General Provisions
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the Contract
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7)'8-32+)2)6%0'32(-8-3273*8,)'3286%'8
1.0 GENERAL PROVISIONS
&EWMG(IJMRMXMSRW
1.1
8LI'SRXVEGX(SGYQIRXW
1.1.1 : The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in the Agreement and Modifications issued
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued by AMEC/Engineer.
8LI'SRXVEGX
1.1.2 The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Engineer and Contractor, (2) between Sustainability Manager and Contractor, (3) between
the AMEC/Engineer and Sustainability Manager, (4) between the Owner and a Subcontractor or
(5) between any persons or entities other than the Owner and Contractor. The Owner shall,
however, be entitled to enforce the obligations under the Contract intended to facilitate
performance of the duties of Sustainability Manager and AMEC/Engineer.
8LI;SVO
1.1.3
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
ct.
8LI4VSNIGX
1.1.4 The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
ties under separate
contracts not administered by Sustainability Manager.
8LI(VE[MRKW
1.1.5 The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
8LI7TIGMJMGEXMSRW
1.1.6 The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
8LI4VSNIGX1ERYEP
1.1.7 The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract and
Specifications.
)\IGYXMSR'SVVIPEXMSRERH-RXIRX
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3.1 The Drawing, Specifications and other documents prepared by the AMEC/Engineer are
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the
l be returned or
suitably accounted for to AMEC/Engineer on request, upon completion of the Work. The
Drawings, Specifications and other documents prepared by the Engineer, and copies thereof
furnished to the Contractor, are for use solely with respect to the Project. They are not to be
used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment
suppliers unless they are granted a limited license to use and reproduce applicable portions of
the Drawings, Specifications and other documents prepared by the Engineer appropriate to and
for use in the execution of their Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any, shown on the Drawings,
Specifications and other documents prepared by the Engineer. Submittal or distribution to meet
official regulatory requirements or for other purposes in connection with this Project is not to be
construed as publication in derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from AMEC/Engineer at a fee of $5.00 per page for full size drawings (.25 per page for written
'ETMXEPM^EXMSR
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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-RXIVTVIXEXMSR
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
2.0 OWNER
(IJMRMXMSR
2.1.1
authorized representative.
-RJSVQEXMSRERH7IVZMGIW6IUYMVIHSJXLI3[RIV
2.2.2 Not applicable
2.2.3 Not applicable
2.2.4
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Sustainability
Manager and may contemporaneously provide the same communications to the Engineer.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Sustainability
made necessary by such default, neglect or failure. If payments then, or thereafter, due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to
the Owner. In the event of clean-
notice. In the event of safety issues determined to be of a serious nature, as determined by
AMEC/Engineer, notice will be given, and contractor is required to rectify deficiency
immediately.
3.0 CONTRACTOR
(IJMRMXMSR
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to t
3.1.2
under Conditions of the Contract that are administered by Sustainability Manager, and that are
identical or substantially similar to these Conditions.
6IZMI[SJ'SRXVEGX(SGYQIRXWERH*MIPH'SRHMXMSRWF]'SRXVEGXSV
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to AMEC/Engineer errors, inconsistencies or omissions discovered. The Contractor
shall not be liable to the Owner, Sustainability Manager or AMEC/Engineer for damage resulting
from errors, inconsistencies or omissions in the Contract Documents unless the Contractor
recognized such error, inconsistency or omission and knowingly failed to report it to
AMEC/Engineer. If the Contractor performs any construction activity knowing it involves a
recognized error, inconsistency or omission in the Contract Documents without such notice to
AMEC/Engineer, the Contractor shall assume appropriate responsibility for such performance
and shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to AMEC/Engineer at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
7YTIVZMWMSRERH'SRWXVYGXMSR4VSGIHYVIW
3.3.1
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of AMEC/Engineer as provided in
Subparagraphs 4.6.3 and 4.6.5.
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Sustainability Manager or
AMEC/Engineer in its administration of the Contract, or by test, inspections or approvals
required or performed by persons other than the Contractor.
3.3.4
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
0EFSVERH1EXIVMEPW
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
AMEC/Engineer, the Contractor will remove and/or replace the employee at the request of
AMEC/Engineer. Employees dismissed from the project will be transported from the job site at
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with AMEC/Engineer, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
;EVVERX]
3.5.1 The Contractor warrants to the Owner, Sustainability Manager and AMEC/Engineer that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
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not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by AMEC/Engineer, the Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment.
8E\IW
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
4IVQMXW*IIWERH2SXMGIW
3.7.1 The County and/or the Engineer/AMEC has applied for the applicable environmental and
County permits. However, the Contractor shall secure and pay for licenses, inspections, testing,
and surveys required by Federal, State, or Municipal entities having jurisdiction over the project
for the proper execution and completion of the Work which are customarily secured after
execution of the Contract and which are legally required at the time bids are received
.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Sustainability Manager, AMEC/Engineer
and Owner in writing, and necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Sustainability Manager,
AMEC/Engineer and Owner, the Contractor shall assume full responsibility for such Work and
shall bear the attributable costs.
3.8 Not applicable
7YTIVMRXIRHIRX
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to AMEC/Engineer and shall not be changed except with
the consent of AMEC/Engineer, unless the superintendent proves to be unsatisfactory to the
Contractor or ceases to be in his employ.
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
current under the Contract Documents, shall be revised at appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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and practicable execution of the Work. This schedule, to be submitted within five (5) days after
Notice to Proceed, shall indicate the dates for the starting and completion of the various stages
of construction, shall be revised as required by the conditions of the Work, and shall be subject
3.10.2 The Contractor shall cooperate with AMEC/Engineer in scheduling and performing the
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 AMEC/Engineer will schedule and conduct a project meeting at a minimum of one
[IIO
meeting per in each month which the Contractor shall attend. At this meeting, the parties
can discuss jointly such matters as progress, scheduling, and problems.
(SGYQIRXWERH7EQTPIWEXXLI7MXI
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Sustainability Manager and AMEC/Engineer and shall be delivered to
AMEC/Engineer for submittal to the Owner upon completion of the Work.
7LST(VE[MRKW4VSHYGX(EXEERH7EQTPIW
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by
AMEC/Engineer is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to AMEC/Engineer, in accordance with
the schedule and sequence approved by Sustainability Manager, Shop Drawings, Product Data,
Samples and similar submittals required by the Contract Documents. The Contractor shall
Data, Samples and similar submittals with related documents submitted by other Contractors.
Submittals made by the Contractor which are not required by the Contract Documents may be
returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
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been approved by AMEC/Engineer. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by AMEC/Engineer approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Sustainability
Manager and AMEC/Engineer in writing of such deviation at the time of submittal and
AMEC/Engineer has given written approval to the specific deviation. The Contractor shall not
be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Sustainability Manager and AMEC/Engineer on previous submittals.
3.12.10 Informational submittals upon which AMEC/Engineer are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, AMEC/Engineer shall be entitled to rely upon
the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to AMEC/Engineer for approval
by the Owner.
9WISJ7MXI
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2
approval of, AMEC/Engineer before using any portion of the site.
'YXXMRKERH4EXGLMRK
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
en
consent of AMEC/Engineer, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
g the Work.
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When structural members are involved, the written consent of Sustainability Manager shall also
be required. The Contractor shall not unreasonably withhold from AMEC/Engineer or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
'PIERMRK9T
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
performed to the satisfaction of the Owner or AMEC/Engineer.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,
the Contractor.
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3.16.1 The Contractor shall provide the Owner, Sustainability Manager and AMEC/Engineer
access to the Work in preparation and progress wherever located.
6S]EPXMIWERH4EXIRXW
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Sustainability Manager and
AMEC/Engineer harmless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the AMEC/Engineer and Sustainability Manager.
-RHIQRMJMGEXMSRERH,SPH,EVQPIWW
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
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contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor
the Consultant shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
4.0 ADMINISTRATION OF THE CONTACT
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4.1.1 The AMEC/Engineer is the person lawfully licensed to practice engineering or any entity
lawfully practicing engineering identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number.
7YWXEMREFMPMX]1EREKIV
4.2.1 Sustainability Manager is the person identified as such in the Agreement and is referred
to throughout the Contract Documents. The ter
County Sustainability Program
Duties, responsibilities and limitations of authority of Sustainability Manager and
AMEC/Engineer as set forth in the Contract Documents shall not be restricted, modified or
extended without written consent of the Owner, Sustainability Manager, Engineer and
Contractor. Consent shall not be unreasonably withheld.
In case of termination of employment of Engineer, the Owner shall appoint an Engineer
whose status under the Contract Documents shall be that of the former Architect/Engineer.
2SX9WIH
%HQMRMWXVEXMSRSJXLI'SRXVEGX
4.6.1 Sustainability Manager and AMEC/Engineer will provide administration of the Contract
time during the correction period described in Paragraph 12.2. Sustainability Manager and
AMEC/Engineer will advise and consult with the Owner and will have authority to act on behalf
of the Owner only to the extent provided in the Contract Document, unless otherwise modified
by written instrument in accordance with other provision of the Contract.
4.6.2 AMEC/Engineer will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
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the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 AMEC/Engineer will provide for coordination of the activities of other Contractors and of
, if any, with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors or subcontractors and AMEC/Engineer
Owner in reviewing their construction schedules when directed to do so. The Contractor shall
make any revisions to the Construction schedule deemed necessary after a joint review and
mutual agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, AMEC/Engineer and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 AMEC/Engineer will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, AMEC or Sustainability Manager
will not be required to make exhaustive or continuous onsite inspections to check quality or
quantity of the Work. On the basis of on-site observations of AMEC/Engineer, AMEC will keep
the Owner informed of progress of the Work, and will endeavor to guard the Owner against
defects and deficiencies in the work.
4.6.6 Sustainability Manager and AMEC/Engineer will not have control over or charge of and
will not be responsible for construction means, method, techniques, sequences or procedures,
or for safety precautions and programs in connection with the Work, since these are solely the
will be responsible for the
Sustainability Manager nor AMEC/Engineer will have control over, or charge of, or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Sustainability Manager, and shall
contemporaneously provide the same communications to the AMEC/Engineer.
ugh the Engineer.
Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with other Contractors shall be through Sustainability
Manager and shall be contemporaneously provided to the AMEC/Engineer.
4.6.8 AMEC/Engineer will review and certify all Applications for Payment by the Contractor,
Payment with similar Applications from other Contractor into a Project Application for Payment.
After reviewing and certifying the amounts due the Contractors, the Project Application for
Sustainability Manager.
4.6.9 B
for Payment, AMEC/Engineer will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
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4.6.10 AMEC/Engineer will have authority to reject Work which does not conform to the
Contract Documents, and to require additional inspection or testing, in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed, but will take such action only after notifying Sustainability Manager. Subject to
review, Sustainability Manager will have the authority to reject Work which does not conform to
the Contract Documents. Whenever AMEC/Engineer considers it necessary or advisable for
implementation of the intent of the Contract Documents, AMEC/Engineer have authority to
require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Sustainability Manager will be subject to the provisions of Subparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of AMEC/Engineer.
this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of AMEC/Engineer or
Sustainability Manager to the Contractor, Subcontractors, material and equipment suppliers,
their agents or employees, or other persons performing any of the Work.
4.6.11 AMEC/Engineer will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in
the activities of other Contractors or the Owner.
4.6.12 AMEC/Engineer will review and approve or take other appropriate action upon the
limited purpose of checking for conformance with information given and the design concept
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or
Sustainability Manager, while allowing sufficient time to permit adequate review. Review of
such submittals is not conducted for the purpose of determining the accuracy and completeness
of other details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the responsibility of the
bmittals shall not relieve the Contractor of the obligations under Paragraphs
or, unless otherwise specifically stated by AMEC/Engineer, of any construction means,
shall not indicate approval of an assembly of which the item is a component.
4.6.13 Sustainability Manager will prepare Change Orders and Construction Change Directives,
in consultation with AMEC/Engineer.
4.6.14 Following consultation with AMEC/Engineer, Sustainability Manager will take appropriate
action on Change Orders or Construction Change Directives.
4.6.16 The Contractor will assist AMEC/Engineer in conducting inspections to determine the
dates of Substantial completion and final completion, and will receive and forward to
AMEC/Engineer written warranties and related documents required by the Contract and
assembled by the Contractor. AMEC/Engineer will review and approve a final Project
Application for Payment upon compliance with the requirements of the Contract Documents.
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4.6.17 AMEC/Engineer will provide one or more project representatives to assist in carrying out
their responsibilities at the site. The duties, responsibilities and limitations of authority of such
project representatives shall be as set forth in an Exhibit to be incorporated in the Contract
Documents.
4.6.18 AMEC/Engineer will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Owner or Contractor.
response to such requests will be made with reasonable promptness and
within any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of Engineer shall be furnished in compliance with this Paragraph 4.6,
then delay shall not be recognized on account of failure by Engineer to furnish such
interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Sustainability Manager will be consistent with the intent
of and reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, Sustainability Manager will
endeavor to secure faithful performance by both Owner and Contractor, will not show partiality
to either and will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 Sustainability
consistent with the intent expressed in the Contract Documents.
'PEMQWERH(MWTYXIW
(IJMRMXMSR
4.7.1 . A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
1IIXERH'SRJIV
4.7.2 . The Contractor and Sustainability Manager shall try to resolve the
claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute
or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
th
Court, 16 Judicial Circuit, Monroe County, Florida.
8MQI0MQMXWSR'PEMQW
4.7.3 . Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
'SRXMRYMRK'SRXVEGX4IVJSVQERGI
4.7.4 . Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
;EMZIVSJ'PEMQW *MREP4E]QIRX
4.7.5. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
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.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
'PEMQWJSV'SRGIEPIHSV9RORS[R'SRHMXMSRW
4.7.6 If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. Sustainability Manager will promptly investigate such conditions, and the parties will
follow the procedure in paragraph 4.7.2.
'PEMQWJSV%HHMXMSREP'SWX
4.7.7 . If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from Sustainability Manager, (2) a
written order for a minor change in the Work issued by AMEC/Engineer, (3) failure of payment
reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
'PEMQWJSV%HHMXMSREP8MQI
4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
-RNYV]SV(EQEKIXS4IVWSRSV4VSTIVX]
4.7.9 If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
5.0 SUBCONTRACTORS
(IJMRMXMSRW
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
Contract Documents as if singular in number and means a Subcontractor or an authorized
Contractors or subcontractors of other Contractors.
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5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
-subco
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
%[EVHSJ7YFGSRXVEGXWERH3XLIV'SRXVEGXWJSV4SVXMSRWSJXLI;SVO
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Sustainability Manager for review by the Owner and Sustainability Manager the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. Sustainability Manager will
promptly reply to the Contractor in writing stating whether or not the Owner or Sustainability
Manager, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Sustainability Manager to reply promptly shall constitute notice of no
reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or
Sustainability Manager has made reasonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Owner or Sustainability Manager has made
reasonable objection.
5.2.3 If the Owner or Sustainability Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Sustainability Manager makes reasonable objection to such change.
7YFGSRXVEGXYEP6IPEXMSRW
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner or
Sustainability Manager. Each subcontract agreement shall preserve and protect the rights of
the Owner or Sustainability Manager under the Contract Documents with respect to the Work to
be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
When appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub-subcontractors. The Contractor shall make available to each proposed
Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and,
upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of
the proposed subcontract agreement which may be at variance with the Contract Documents.
Subcontractors shall similarly make copies of applicable portions of such documents available
to their respective proposed Sub-subcontractors.
'SRXMRKIRX%WWMKRQIRXSJ7YFGSRXVEGXW
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
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.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more than 30 days, the
6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
3XLIV
'SRXVEGXW
6.1.1 The Owner reserves the right to perform construction or operations released to the
not administered by Sustainability Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2
including persons or entities under separate contracts not administered by Sustainability
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Sustainability Manager shall be held harmless for
any and all costs associated with improper coordination.
1YXYEP6IWTSRWMFMPMX]
6.2.1 The Contractor shall
opportunity for introduction and storage of their materials and equipment and performance of
with theirs as required by the Contract Documents.
6.2.2 esults upon
prior to proceeding with that portion of the Work, promptly report to any apparent discrepancies
or defects in such other construction that would render it unsuitable for such proper execution
and results. Failure of the Contractor so to report shall constitute an acknowledgment that the
proper to recei
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
or costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Sustainability Manager in writing, of his contention: setting forth (A) the
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Sustainability Manager within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Sustainability
Manager for an increase in the Contract price, nor a claim against the Owner or Sustainability
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Sustainability Manager determines
to be just.
7.0 CHANGES IN THE WORK
'LERKIW
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Sustainability
Manager, AMEC/Engineer and Contractor; a Construction Change Directive requires agreement
by the Owner and Sustainability Manager and may or may not be agreed to by the Contractor;
an order for a minor change in the Work may be issued by AMEC/Contractor alone.
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7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
'LERKI3VHIVW
7.2.1 A change Order is a written instrument prepared by AMEC/Engineer and signed by the
Owner, Sustainability Manager and Contractor stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Sustainability Manager is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be determined by
daily force accounts in a form acceptable to the Owner and Sustainability Manager. The daily
force account forms shall identify Contractor and /or Subcontractor personnel by name, total
hours for each man, each piece of equipment and total hours for equipment and all material(s)
by type for each extra Work activity claim. Each daily force account form shall be signed by the
designated Sustainability Manager representative no later than the close of business on the day
the Work is performed to verify the items and hours listed. Extended pricing of these forms shall
be submitted to Sustainability Manager with all supporting documentation required by
Sustainability Manager for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, including sales tax
and cost of delivery; cost of labor, including social security, old age and unemployment
compensation insurance; and the rental value of equipment and machinery. Markups for
overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination
of cost, payments on account shall be made as determined by Sustainability Manager. The
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amount of credit to be allowed by the Contractor for any deletion or change, which results in a
net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as
confirmed by Sustainability Manager. When both additions and credits covering related Work or
substitutions are involved in any one change, the allowance for overhead and profit shall be
figured on the basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Sustainability Manager, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Sustainability Manager such as
certified quotations or invoices shall be provided by the Contractor to Sustainability Manager at
no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by AMEC/Engineer, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give
Sustainability Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Sustainability Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
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payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
%YXLSVMX]
7.3.1 AMEC/Engineer will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through AMEC/Engineer and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
8.0 TIME
(IJMRMXMSRW
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
which the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Sustainability Manager in
accordance with Paragraph 9.8.
8.1.4 The t
otherwise specifically defined.
8.1.5 The Owner/Sustainability Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
4VSKVIWWERH'SQTPIXMSR
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
(IPE]WERH)\XIRWMSRWSJ8MQI
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Sustainability Manager, or the AMEC/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
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authorized by the Owner, Sustainability Manager, or by any other cause which Sustainability
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as Sustainability Manager may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Sustainability Manager not
more than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
9.0 PAYMENTS AND COMPLETION
'SRXVEGX7YQ
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
7GLIHYPISJ:EPYIW
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
AMEC/Engineer, a schedule of values allocated to various portions of the Work, prepared in
such form and supported by such data to substantiate its accuracy as AMEC/Engineer may
require. This schedule, unless objected to by Sustainability Manager, shall be used as a basis
%TTPMGEXMSRWJSV4E]QIRX
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to AMEC/Engineer an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the Cont
Sustainability Manager may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
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.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
%TTVSZEPJSV4E]QIRX
9.4.1 AMEC/Engineer will assemble a Project Application for Payment by combining the
and certify the amounts due on such applications.
9.4.2 After the plication for Payment,
AMEC/Engineer will either recommend approval to the Sustainability Manager for the
Application for Payment, with a copy to the Contractor, for such amount as AMEC/Engineer
recommends to the Sustainability Manager is properly due, or notify the Contractor in writing of
in whole or in part as provided in
Subparagraph 9.5.1
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
by AMEC/Engineer to the Owner, based on their individual observations at the site and the data
comprising the Application for Payment submitted by the Contractor, that the Work has
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by AMEC/Engineer. The issuance of a separate
Approval for Payment will further constitute a representation that the Contractor is entitled to
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payment in the amount approved. However, the issuance of a separate Approval for Payment
will not be a representation that AMEC/Engineer has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of th
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contra
ascertain how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
(IGMWMSRWXS;MXLLSPH%TTVSZEP
9.5.1 AMEC/Engineer may decline to approve an Application for Payment if, in his opinion, the
application is not adequately supported. If the Contractor and AMEC/Engineer cannot agree on
a revised amount, AMEC/Engineer shall process the Application for the amount it deems
appropriate. AMEC/Engineer may also decline to approve any Application for Payment
because of subsequently discovered evidence or subsequent inspections. It may nullify, in
whole or part, any approval previously made to such extent as may be necessary in its opinion
because of: (1) defective Work not remedied; (2) third party claims filed or reasonable
evidence indicating probable filing of such claims; (3) failure of the Contractor to make
payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable
evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5)
damage to AMEC/Engineer, Sustainability Manager, the Owner, or another contractor working
at the project; (6) reasonable evidence that the Work will not be completed within the contract
time; (7) persistent failure to carry out the Work in accordance with the Contract Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Sustainability Manager.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
4VSKVIWW4E]QIRXW
9.6.1 After AMEC/Engineer has issued an Approval for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so
notify AMEC/Engineer. From the total of the amount determined to be payable on a progress
payment, a retainage in accordance with the Florida Local Government Prompt Payment Act,
Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final
payment is made. The balance of the amount payable, less all previous payments, shall be
approved for payment. .1 It is understood and agreed that the Contractor shall not be
entitled to demand or receive progress payment based on quantities of Work in excess of those
provided in the proposal or covered by approved change orders, except when such excess
quantities have been determined by AMEC/Engineer and Sustainability Manager to be a part of
the final quantity for the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
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9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontr
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 AMEC/Engineer will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken
thereon by the Owner and Sustainability Manager on account of portions of the Work done by
such Subcontractor.
9.6.4 Neither the Owner nor Sustainability Manager shall have an obligation to pay, or to see
to, the payment of money to a Subcontractor except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Sustainability Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
7YFWXERXMEP'SQTPIXMSR
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and AMEC/Engineer shall
jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall
proceed promptly to complete and correct items on the list. Failure to include an item on such
list does not alter the responsibility of the Contractor to complete all Work in accordance with
the Contract Documents. Upon receipt of the list, AMEC/Engineer will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
inspection discloses any item, whether or not included on the list, which is not in accordance
with the requirements of the Contract Documents, the Contractor shall, before issuance of the
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Certificate of Substantial Completion, complete or correct such item upon notification by
AMEC/Engineer. The Contractor shall then submit a request for another inspection by
AMEC/Engineer, to determine Substantial Completion. When the Work or designated portion
thereof is substantially complete, AMEC/Engineer will prepare a Certificate of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
which the Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to the
Owner and Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by AMEC/Engineer and Sustainability Manager,
the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or
portion thereof as provided in the Contract Documents.
4EVXMEP3GGYTERG]SV9WI
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and AMEC/Engineer shall jointly
prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no
agreement is reached, by decision of Sustainability Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Sustainability Manager,
AMEC/Engineer and Contractor shall jointly inspect the area to be occupied or portion of the
Work to be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
*MREP'SQTPIXMSRERH*MREP4E]QIRX
9.10.1 Upon completion of the Work, the Contractor shall forward to AMEC/Engineer a written
Notice that the Work is ready for final inspection and acceptance and shall also forward to
/Engineer will
promptly make such inspection. When AMEC/Engineer finds the Work acceptable under the
Contract Documents and the Contract fully performed, AMEC/Engineer will promptly issue a
final Approval for Payment stating that to the best of their knowledge, information and belief,
and on the basis of their observations and inspections, the Work has been completed in
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accordance with terms and conditions of the Contract Documents and that the entire balance
found to be due the Contractor and noted in said final Approval is due and payable.
payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to AMEC/Engineer and Sustainability Manager (1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness connected with the Work for which
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract. The
following documents (samples included in section 1027) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4)
(5)
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD/DVD of all the following but not limited
to:
A .Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to final release
(includes final release from all utilities and utility companies).
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
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identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
4E]QIRXSJ7YFGSRXVEGXSVW
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or
Sustainability Manager that the subcontractors and materialmen have been paid is for the
protection and convenience of the Owner only. Unpaid subcontractors and materialmen may
only seek payme
8LI'SRXVEGXSVQYWXMRWIVXXLMWTEVEKVETL MREPPMXWGSRXVEGXW[MXL
Construction Bond.
WYFGSRXVEGXSVWERHQEXIVMEPQIR
10.0 PROTECTION OF PERSONS AND PROPERTY
7EJIX]4VIGEYXMSRWERH4VSKVEQW
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
gram to AMEC/Engineer for review, approval and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability Manager and AMEC/Engineer in writing. The Work in the affected area
shall not thereafter be resumed except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered
harmless. The Work in the affected area shall be resumed in the absence of asbestos or
polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement
of the Owner and Contractor.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to AMEC/Engineer and Sustainability Manager in writing. The Owner,
Contractor and Sustainability Manager shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, AMEC/Engineer and Sustainability Manager the names and
qualifications of persons or entities who are to perform tests verifying the presence or absence
of such material or substance or who are to perform the task of removal or safe containment of
such material or substance. The Contractor, AMEC/Engineer and Sustainability Manager will
promptly reply to the Owner in writing stating whether or not any of them has reasonable
objection to the persons or entities proposed by the Owner. If the Contractor, AMEC/Engineer
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or Sustainability Manager has an objection to a person or entity proposed by the Owner, the
Owner shall propose another to whom the Contractor, AMEC/Engineer and Sustainability
Manager have no reasonable objection.
7EJIX]SJ4IVWSRWERH4VSTIVX]
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability Manager or AMEC/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
10.2.6 The Contractor shall designate a responsible member of th
superintendent unless otherwise designated by the Contractor in writing to the Owner,
AMEC/Engineer or Sustainability Manager.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
)QIVKIRGMIW
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PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
scretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
7MXI7TIGMJMG7EJIX]4PER
See Section 00970 for minimum requirements of job site safety plan.
11.0 INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement.
The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Sustainability Manager as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
Or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
GENERAL CONDITIONS OF CONTRACT 00750-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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11.1.7
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
11.2 ance: Not Required
11.3 Public Construction Bond
11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of
this Contract.
92'3:)6-2+%2('366)'8-323*;36/
12.0
9RGSZIVMRKSJ;SVO
12.1.1 If a portion of
requirements specifically expressed in the Contract Documents, it must, if required in writing by
expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which AMEC/Engineer has not specifically
requested to observe prior to its being covered, AMEC/Engineer may request to see such Work
and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract
Documents, costs of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner, if such Work is not in accordance with the Contract Documents, the
Contractor shall pay such costs unless the condition was caused by the Owner or one of the
other Contractors in which event the Owner shall be responsible for payment of such costs.
'SVVIGXMSRSJ;SVO
12.2.1 The Contractor shall promptly correct Work rejected by AMEC/Engineer or failing to
conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear costs of correcting such rejected Work, including additional testing and inspections
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
GENERAL CONDITIONS OF CONTRACT 00750-Page of
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first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from
AMEC/Engineer, the Owner may remove it and store the salvageable materials or equipment at
w
such materials and equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor,
If such proceeds of sale do not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
specifically to correct the Work.
%GGITXERGISJ2SRGSRJSVQMRK;SVO
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
1-7')00%2)397463:-7-327
13.0
+SZIVRMRK0E[
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
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7YGGIWWSVWERH%WWMKRW
13.2.1 The Owner or Sustainability Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Sustainability Manager.
;VMXXIR2SXMGI
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor: Adventure Environmental
Attn: Greg Tolpin
th
12985 Southwest 87 Avenue
Miami, FL 33176
7YWXEMREFMPMX]4VSKVEQ1EREKIV'SYRX]%HQMRMWXVEXSV
For Owner:
3ZIVWIEW,MKL[E]7XI7MQSRXSR7X7XI
/I]0EVKS*0/I];IWX*0
6MKLXWERH6IQIHMIW
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available there under shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Sustainability Manager, AMEC/Engineer or
Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall
such action or failure to act constitute approval of or acquiescence in a breach there under,
except as may be specifically agreed in writing.
8IWXWERH-RWTIGXMSRW
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give
AMEC/Engineer timely notice of when and where tests and inspections are to be made so
AMEC/Engineer may observe such procedures. The Owner shall bear costs of test, inspections
GENERAL CONDITIONS OF CONTRACT 00750-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
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or approvals which do not become requirements until after bids are received or negotiations
concluded.
13.5.2 If AMEC/Engineer, Sustainability Manager, Owner or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or approval
not included under Subparagraph 13.5.1, AMEC/Engineer will, upon written authorization from
the Sustainability Manager or Owner, instruct the Contractor to make arrangements for such
additional testing, inspection or approval by an entity acceptable to the Owner, and the
Contractor shall give timely notice to AMEC/Engineer of when and where tests and inspections
are to be made so AMEC/Engineer may observe such procedures. The Owner shall bear such
costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including thos
expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to
AMEC/Engineer.
13.5.5 If AMEC/Engineer is to observe tests, inspections or approvals required by the Contract
Documents, AMEC/Engineer will do so promptly and, where practicable, at the normal place of
testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
'SQQIRGIQIRXSJ7XEXYXSV]0MQMXEXMSR4IVMSH
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
8)61-2%8-32367974)27-323*8,)'3286%'8
8IVQMREXMSRF]XLI3[RIVJSV'EYWI
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
or
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
14.1.2 When any of the above reasons exist, the Owner, after consultation with
AMEC/Engineer,, and upon certification by Sustainability Manager that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
te
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
7YWTIRWMSRSV8IVQMREXMSRF]XLI3[RIVJSV'SRZIRMIRGI
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
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7)'8-32 463.)'87%*)8=%2(,)%08,40%2
REGULATIONS AND POLICIES
A. Every Contractor and Subcontractor employed on the Project shall comply with all
applicable local, State, and Federal safety and health regulations and with Monroe County
safety and health policies as described herein.
The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts
1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.
Requests for variances or waiver from this supplement are to be made to the Contracting Officer
in writing supported by evidence that every reasonable effort has been made to comply with the
contractual requirements. A written request for a waiver or a variance shall include--
(1) Specific reference to the provision or standard in question;
(2) An explanation as to why the waiver is considered justified; and
(3) The Contractor's proposed alternative, including technical drawings, materials, or equipment
specifications needed to enable the Contracting Officer to render a decision.
No waiver or variance will be approved if it endangers any person. The Contractor shall not
proceed under any requested revision of provision until the Contracting Officer has given written
approval. The Contractor is to hold and save harmless Monroe county Florida free from any
claims or causes of action whatsoever resulting from the Contractor or subcontractors
proceeding under a waiver or approved variance.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations,
may be obtained from:
U.S. Government Printing Office Bookstore
710 North Capitol Street N.W.
Washington, DC
http://www.gpo.gov/about/bookstore.htm
GENERAL CONTRACTOR REQUIREMENTS
7%*)8=463+6%1
Each Contractor and sub-contractor is to demonstrate that he or she has facilities for conducting
a safety program commensurate with the work under contract. The Contractor is to submit in
writing a proposed comprehensive site specific safety program for approval to the Contracting
Officer for Monroe County before the start of construction operations.
The program is to specifically state what provisions the Contractor proposes to take for the
health and safety of all employees, including subcontractors and rental equipment operators.
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The program shall be site specific and provide details relevant to the work to be done, the
hazards associated with the work, and the actions that will be necessary to minimize the
identified hazards.
The Safety Program will also be required to provide emergency contact person, emergency
planning and a personnel evacuation plan for any hurricane evacuation event.
1.2 PRECONSTRUCTION SAFETY MEETING
Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's
representative before the start of construction to discuss the safety program and the
implementation of all health and safety standards pertinent to the work under this contract.
1.3 JOINT SAFETY POLICY COMMITTEE
The Contractor or designated on-site representative is to participate in monthly meetings of a
joint Safety Policy Committee with AMEC/Engineer and Contractor supervisory personnel. At
these meetings the Contractor's project manager and the Contracting Officer will review the
effectiveness of the Contractor's safety effort, resolve current health and safety problems, and
coordinate safety activities for upcoming work.
1.4 SAFETY PERSONNEL
Each Contractor is to designate a competent supervisory employee satisfactory to the
Contracting Officer to administer the safety program.
The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with
the OSHA and Emergency Phone Number posters.
1.5 SAFETY MEETINGS
A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all
field supervisors or foremen and attended by mechanics and all construction personnel at the
jobsite.
The Contractor is to also conduct regularly scheduled supervisory safety meetings at least
monthly for all levels of job supervision.
Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the
safety and health requirements of this project and to enforce adherence to safe work
procedures.
Each Contractor and Subcontractor shall cooperate fully with all other contractors in their
respective safety and health programs.
1.6 SAFETY INSPECTION
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The Contractor shall perform frequent and regular safety inspections of the jobsite, materials,
and equipment, and shall correct deficiencies.
Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be
removed daily or placed in appropriate waste containers. All materials, tools, and equipment
shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to
a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed
duration of three hours.
In summary, there will be a three-part clean-up plan.
1. The first part consists of the contractor cleaning up on a daily basis, his workstations, and
his trade work.
2. The second part consists of the general clean-up, the concerted effort by all trade
contractors working on the project. A minimum of one (1) crew is to be utilized by each
contractor, or 10%, whichever is more.
3. The third part consists of the Owner cleaning up for a particular trade contractor should
adequate notice not compel him to clean up his work. In this case, the appropriate
contractors will be back charged.
Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard
Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for
approval. The analysis will address the hazards for each activity to be performed in that phase
and will present the procedures and safeguards necessary to eliminate the hazards or reduce
the risk to an acceptable level. A phase is defined as an operation involving a type of work
presenting hazards not experienced in previous operations or where a new subcontractor or
work crew is to perform work. The analysis will be discussed by the contractor and Monroe
County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on
that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe
County.
If Monroe County notifies any Contractor of any noncompliance with the provisions of this
program, the Contractor shall make all reasonable efforts to immediately correct the unsafe
conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the
Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe
County shall take one or more of the following steps:
a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
c. Correct the situation using other forces and back charge the Contractor expenses
incurred.
d. Increase withholding in proportional increments for that given pay period.
1.7 FIRST AID TRAINING
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Every Contractor foreman's work crew must include an employee who has a current first aid
certificate from the, American Red Cross, or other Monroe County-approved organization.
1.8 REPORTS
Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or
disabling injuries. The records shall be maintained in a manner approved by the Contracting
Officer. A copy of all reports is to be provided to the Contracting Officer.
All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every
assistance is to be given in the investigation of the incident, including submission of a
comprehensive narrative report to the Contracting Officer. Other occurrences with serious
accident potential, such as equipment failures, slides, and cave-ins, must also be reported
immediately.
The Contractor is to assist and cooperate fully with the Contracting Officer in conducting
accident investigations. The Contracting Officer is to be furnished all information and data
pertinent to investigation of an accident.
1.9 CERTIFICATION OF INSURANCE
Contractors are to provide the Contracting Officer or his or her authorized representative with
certificates of insurance before the start of operations indicating full compliance with State
Worker's Compensation statutes, as well as other certificates of insurance required under the
contract.
*-678%-(%2(1)(-'%0*%'-0-8-)7
2.1 FIRST AID KITS
A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-
identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be
moisture proof and dust tight, and the contents of the kits are to be replenished as used or as
they become ineffective or outdated.
2.2 EMERGENCY FIRST AID
At least one employee certified to administer emergency first aid must be available on each shift
and duly designated by the Contractor to care for injured employees. The names of the certified
employees shall be posted at the jobsite.
2.1 COMMUNICATION AND TRANSPORTATION
Prior to the start of work, the Contractor is to make necessary arrangements for prompt and
dependable communications, transportation, and medical care for injured employees.
2.2 FIRST AID AND MEDICAL REPORTS
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The Contractor is to maintain a record system for first aid and medical treatment on the jobsite.
Such records are to be readily available to the Contracting Officer and are to include--
(a) A daily treatment log listing chronologically all persons treated for occupational injuries and
illnesses;
(b) Cumulative record of injury for each individual;
(c) Monthly statistical records of occupational injuries, classified by type and nature of injury;
and
(d) Required records for worker's compensation.
2.5 SIGNS AND DIRECTIONAL MARKINGS
Adequate identification and directional markers are to be provided to readily denote the location
of all first aid stations.
2.3 EMERGENCY LISTING
A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire
departments is to be provided at all first aid locations.
4,=7-'%059%0-*-'%8-3273*)1403=))7
3.1 GENERAL REQUIREMENTS
Persons employed throughout the contract are to be physically qualified to perform their
assigned duties. Employees must not knowingly be permitted or required to work while their
ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize
themselves or others.
2STIVWSREPVEHMSWSVWXIVISW
will be allowed on the job-site.
3.2 HOIST OPERATORS
Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a
physician and provided with a certification stating that they are physically qualified to safely
operate hoisting equipment. The Contractor is to submit a copy of each certification to the
Contracting Officer.
3.3 HEAVY EQUIPMENT OPERATORS
It is recommended that operators of trucks and heavy construction equipment be given physical
examinations to determine if they are physically qualified to perform their assigned work without
endangering themselves or others.
3.4 MOTOR VEHICLE OPERATORS
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Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18
years of age or older and have a valid state operator's permit or license for the equipment being
operated. The operators must have passed a physical examination administered by a licensed
physician within the past year showing that they are physically qualified to operate vehicles
safely.
4)6732%04638)'8-:))59-41)28
4.1 HARDHAT AREAS
The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons
entering the area are, without exception, required to wear hardhats. The Contractor shall
provide hardhats for visitors entering hardhat areas.
4.1.1 LABELS
Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate
ANSI (American National Standards Institute) standard.
4.2 POSTING
Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white
background shall be erected at access points to designated hardhat areas:
'327869'8-32%6)%,%6(,%876)59-6)(&)=32(8,-743-28
These signs are to be furnished and installed by the Contractor at entries to shops, construction
yards, and job access points.
4.3 SAFETY GOGGLES (DRILLERS)
4.3.1 DRILLERS AND HELPERS.
Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety
goggles.
1%',-2)6=%2(1)',%2->)()59-41)28
5.1 SAFE CONDITION
Before any machinery or mechanized equipment is initially used on the job, it must be inspected
and tested by qualified personnel and determined to be in safe operating condition and
appropriate for the intended use. Operators shall inspect their equipment prior to the beginning
of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety
equipment, such as seatbelts, installed on machinery is to be used by equipment operators.
5.2 TAGGING AND LOCKING
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The controls of power-driven equipment under repair are to be locked. An effective lockout and
tagging procedure is to be established, prescribing specific responsibilities and safety
procedures to be followed by the person or persons performing repair work. Mixer barrels are to
be securely locked out before permitting employees to enter them for cleaning or repair.
5.3 HAUL ROADS FOR EQUIPMENT
5.3.1 ROAD MAINTENANCE
The Contractor shall maintain all roadways, including haul roads and access roads, in a safe
condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard,
adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust.
5.3.2 SINGLE-LANE HAUL ROADS
Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are
not practical, a traffic control system shall be provided to prevent accidents.
5.3.3 TWO-WAY HAUL ROADS
On two-way haul roads, arrangements are to be such that vehicles travel on the right side
wherever possible. Signs and traffic control devices are to be employed to indicate clearly any
variations from a right-hand traffic pattern. The road shall be wide enough to permit safe
passage of opposing traffic, considering the type of hauling equipment used.
5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS
Haul road design criteria and drawings, if requested by the Contracting Officer, are to be
submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent
and all curves shall have open-sight line with as great a radius as practical. All roads shall be
posted with curve signs and maximum speed limits that will permit the equipment to be stopped
within one-half the minimum sight distance.
5.3.5 OPERATORS.
Machinery and mechanized equipment shall be operated only by authorized qualified persons.
5.3.6 RIDING ON EQUIPMENT
Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be
provided for the operator and all passengers.
5.3.7 GETTING ON OR OFF EQUIPMENT
Getting on or off equipment while the equipment is in motion is prohibited.
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5.3.8 HOURS OF OPERATION.
Except in emergencies, an equipment operator shall not operate any mobile or hoisting
equipment for more than 12 hours without an 8-hour rest interval away from the job.
5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND
HOISTS)
5.4.1 PERFORMANCE TEST
Before initial onsite operation, at 12-month intervals, and after major repairs or modification,
power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test
shall be conducted in the presence of a representative of the Contracting Officer. Test data shall
be recorded and a copy furnished the Contracting Officer.
5.4.2 PERFORMANCE TESTPOWER CRANES (Crawler mounted, truck mounted and
wheel mounted)
The performance test is to be carried out as per ANSI requirements. The test is to consist of
raising, lowering, and braking the load and rotating the test load through 360° degrees at the
specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be
tested using both the main boom and the jib, with an appropriate test load in each case.
5.4.3 PERFORMANCE TESTDERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES
This equipment is to be performance tested as per ANSI requirements.
5.4.4 BOOM ANGLE INDICATOR
Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be
provided with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION.
The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the
Contracting Officer a copy of a certificate of inspection made within the past 12 months by a
qualified person or by a government or private agency satisfactory to the Contracting Officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES
A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be
-type concrete pumps, backhoes, and
related equipment.
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5.4.7 BOOM STOPS
Cranes or derricks with cable-supported booms, except draglines, shall have a device attached
between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The
device shall control the vertical motions of the boom with increasing resistance from 83° or less,
until completely stopping the boom at not over 87° above horizontal.
5.4.8 SAFETY HOOKS
Hooks used in hoisting personnel or hoisting loads over construction personnel or in the
immediate vicinity of construction personnel shall be forged steel equipped with safety keepers.
When shackles are used under these conditions, they shall be of the locking type or have the
pin secured to prohibit turning.
5.5.1 ROLLOVER PROTECTIVE STRUCTURES
OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable
regardless of the year in which the equipment was manufactured and regardless of the struck
capacity of the equipment.
5.5.2 EQUIPMENT REQUIRING ROPS
The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors
such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-
highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and
loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These
requirements shall also apply to agricultural and industrial tractors and similar equipment.
5.5.3 EQUIPMENT REQUIRING SEATBELTS
The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized
Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled
compactors and rollers, and rubber-tired skid-steer equipment.
5.6 LIFT PLAN
A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County
project.
Lifts exceeding 75% of the cranes stability / structural capacity chart, requiring movement of a
crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads
requiring two (or more) hooks, work over occupied facilities or work involving encroachment on
public rights of way are considered critical. These lifts must be authorized in advance.
Critical crane lift plans, if authorized, may have to be reviewed by a professional
engineer (the contractor shall budget the PE review within project budget). Additionally,
a critical lift JHA shall be submitted with the crane lift plan.
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Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization 5
days for critical and helicopter lifts.
deductions and lift radius for a specific crane configuration in a specific location.
The Crane Lift Plan may be valid for more than one day, as long as the configuration, location,
maximum expected load, and maximum expected radius does change. Use multiple lift
RSX
plans for multiple locations.
The Crane Lift Plan must be along with attachments see Section 5 for the
'3140)8)
required Attachments.
All rigging devices bear the name of the manufacturer and be certified as to their
1978
capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.) may be acceptable with
proper PE stamp or proof testing as required by applicable standards. Capacities shall be
marked and legible on all such devices.
Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving
equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to
hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan
to be amended.
The contractor is responsible to visit the site prior to the lift date to review documentary
information pertaining to the site, which is maintained by Monroe County.
The contractor is responsible (determining adequacy, supplying and installing) for all supporting
material (as defined within 29 CFR 1926.1402) necessary for the crane lift.
The contractor is responsible to obtain all information that is necessary to develop a power line
safety plan.
The contractor is responsible to train all personnel involved in the Assembly / Disassembly and
or Crane Lift.
The contractor must provide the following information along with the Crane Lift Plan:
Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger,
Signal Person
Load Chart (complete with notes)
Range Chart
Dimension Illustration and Specifications for Crane
Lightning and Wind Restrictions (from operators manual)
Area (Quadrant) of Operation Diagram
Operators License, Operators Training Information, USDOT Medical Certification, OSHA
10/30 Hour Course Completion Cards, as may be required by the project.
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Jurisdictional Registration, if required
JHA for Assembly / Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc.
JHA for Power Line Encroachment
3rd Party Inspection Certification and Report see Crane Lift Plan for requirements
(Note: The inspector shall be certified with the CCAA).
Weights of Materials
Rigging Plan
Logistics Plan
The contractor shall comply with the Site Specific Safety Plan.
The contractor / Crane Company / Rigging Company is responsible for the accuracy of plan and
inspections. This planning process has been established to help ensure proper coordination
between Contractor, subcontractors and Monroe County.
No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the
responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and
their employees are qualified, competent, properly equipped and properly trained to perform the
activities outlined in this plan.
0%(()67%2(7'%**30(-2+
6.1 LADDERS.
OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use
of small hand tools or handling of light material is involved. No work requiring lifting of heavy
materials or substantial exertion shall be done from ladders.
6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451
Scaffolds, platforms or temporary floors shall be provided for all work except that which can be
done safely from the ground or similar footing.
6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104
Lifelines, safety belts and lanyards independently attached or attended, shall be used when
performing such work as the following when the requirements of 6.1 or 6.2 above cannot be
met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets,
tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded
locations at elevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block
the opening to within 1 foot of the sides of the shaft, unless cages are provided.
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*-6)4638)'8-32
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the Contractor to insure
that general fire protection facilities are adequate for his work and to provide additional fire
protection facilities and devices, including fire extinguishers as required by their scope of work.
;36/2)%6)2)6+->)()0)'86-'%00-2)73638,)698-0-8-)7
A. It shall be the Contractor's sole and exclusive responsibility:
(a) To provide personnel capable of working adjacent to energized electrical lines or other
utilities
(b) To provide adequate, safe and properly maintained equipment
(c) To conduct all of his work in accordance with the safety rules and regulations prescribed by
the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation
and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational
Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction
and as specified elsewhere herein, or as are generally applicable to the type of work being
performed
(d) To continuously supervise and inspect the work being performed to assure that the
requirements of (a), (b), and (c) above are complied with, and nothing in these Contract
Documents shall be held to mean that any such responsibility is the obligation of the Owner or
AMEC/Engineer or Sustainability Manager.
&%66-'%()7;%62-2+():-')7%2(0-+,8-2+
A. The Contractor shall be solely responsible for providing temporary ladders, guard rails,
warning signs, barricades, night guard lights, and deck or floor closures required in connection
with his work to comply with Federal, State and local safety requirements. The Contractor shall
be solely and exclusively responsible for the design, construction, inspection and maintenance
of such facilities at all times.
B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if
needed to maintain safe conditions.
C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place
to work for all laborers and mechanics and other persons employed on or in connection with the
project, and nothing in these Contract Documents shall be construed to give any of such
responsibility to the Owner, AMEC/Engineer, or Sustainability Manager.
D. The Contractor shall provide a security fence around the area of the Work so as to
prevent entry into the Work area by unauthorized personnel and the general public. The fence
shall have fence post bases that eliminate the need to penetrate the ground for support.
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,%>%6(3971%8)6-%07
10.1 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability Manager, and AMEC/Engineer in writing. The Work in the affected area
shall not thereafter be resumed except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered
harmless. The Work in the affected area shall be resumed in the absence of asbestos or
polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement
of the Owner and Contractor.
10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without
consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to AMEC/Engineer and Sustainability Manager in writing.
The Owner, Contractor and Sustainability Manager shall then proceed in the same manner
described in Subparagraph 10.1
10.1.3 The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found to be present, to verify that it
has been rendered harmless. Unless otherwise required by the Contract Documents, the
Owner shall furnish in writing to the Contractor, AMEC/Engineer and Sustainability Manager the
names and qualifications of persons or entities who are to perform tests verifying the presence
or absence of such material or substance or who are to perform the task of removal or safe
containment of such material or substance. The Contractor, AMEC/Engineer and Sustainability
Manager will promptly reply to the Owner in writing stating whether or not any of them has
reasonable objection to the persons or entities proposed by the Owner. If the Contractor,
AMEC/Engineer or Sustainability Manager has an objection to a person or entity proposed by
the Owner, the Owner shall propose another to whom the Contractor, AMEC/Engineer and
Sustainability Manager have no reasonable objection.
7EJIX]SJ4IVWSRWERH4VSTIVX]
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 The Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, cust
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors
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10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability Manager or AMEC/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
10.2.6 The Contractor shall des
superintendent unless otherwise designated by the Contractor in writing to the Owner or
Sustainability Manager.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
)1)6+)2'-)7
11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7
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A. AMEC/Engineer will monitor all work performed by the Contractor and assist the
Contractor with his conformance of the work to the Contract Drawings and
Specifications.
'3286%'836 7(98-)7%2(6)74327-&-0-8-)7
A. The Contractor is responsible for the quality of the work performed by his work
force on this project as well as the quality of the material, equipment and supplies
furnished by him to be incorporated into the work.
B. The Contractor will provide a Quality Control Plan for approval and designate a
Quality Control Representative who will be on site at all times while the
respective Contractor's work is in progress and will have the authority and
responsibility to accept or reject items of work. The Contractor's Quality Control
Representative may delegate his duties but the primary responsibility and
authority will rest on him.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to AMEC/Engineer. Any submittal
that is at variance to the contract requirements must be identified as such and
transmitted to AMEC/Engineer for submittal and approval by the Owner. No
work requiring submittal of a shop drawing, product data or sample shall
commence until the submittal has been reviewed and approved by
AMEC/Engineer.
D. The Contractor will bear the responsibility of scheduling all required testing and
inspections by the designated material-testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities. Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this inspection will be filled out
on the appropriate form and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance with the respective
submittals, quality standards, contract drawings and specifications shall be
brought to the attention of Monroe County representative AMEC/Engineer on site
and then will be identified and segregated from accepted items. Items thus
identified will not be incorporated into the work until corrective action acceptable
to AMEC/Engineer is completed. Items determined unsalvageable will be
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removed from the job site. These items shall be noted as deficient in the
applicable section of the Contractor Daily Quality Control Report.
-274)'8-32%2(8)78-2+
A. INSPECTION PLAN
Sustainability Manager utilizes a multi-point inspection plan for each separate
feature of work to be performed under this Contract, i.e., work described by each
division of the technical provision section of the contract specifications. This plan
consists of the following:
1. Preparatory InspectionPrior to commencing the work, the Contractor's
representative AMEC/Engineer and check the following items at a
minimum for conformance:
(a) Approval of shop drawings and submittals.
(b) Approval of inspection and test reports of materials and equipment
to be utilized.
(c) Completion of previous operations of preliminary work.
(d) Availability of materials and equipment required.
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon the particular
operation.
(g) Quality standards.
(h) Safety or environmental precautions to be observed. (Phase
Hazard)
Note: AMEC/Engineer will record the minutes to this inspection meeting and
distribute accordingly.
2. Initial InspectionUpon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will
meet with Sus
check the following items at a minimum for conformance:
(a) Workmanship to established quality standards.
(b) Conformance to contract drawings and specifications.
(c) Construction methods, equipment and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: AMEC/Engineer will record the minutes to this inspection meeting and
distribute accordingly.
3. Follow-up InspectionsThe Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
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work to the workmanship standards established during the preparatory
and initial inspections.
Additionally, as a part of the follow-up inspection, sign-off sheets will be
utilized as often as possible. The intent of these sheets is to achieve
concurrence from other trade contractors and responsible parties that
ensuing work can indeed commence over underlying work. This will
prevent oversights and omissions which could elevate costs. Sign-off
sheets shall be used for, but not be limited to, concrete, drywall, ceilings,
painting, roofing substrates and flooring. These reports are to be
generated by the Contractor and submitted to AMEC/Engineer
Superintendent for approval prior to the start-up of work.
Failure to generate a sign-off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if
ensuing problems are detected or not. This disciplinary action shall be
carried out via the Nonconformance Report. (See Section 1.4.B of this
plan.)
Note: The Contractor shall be responsible to record these inspections and all
other project related activities encountered throughout the day on the
Contractor Daily Quality Control Report.
4. Completion InspectionsUpon completion of a given feature of the work,
the Contractor's Quality Control Representative will meet with the
Sustainability Manager representative AMEC/Engineer, if he so desires to
attend, to perform an inspection of the completed work. Nonconforming
items will be identified and corrected prior to commencement of the next
operation.
Note: The Contractor shall conduct and report corrections of this inspection
which shall be a required submittal.
5. Follow-On InspectionsUpon execution of the contractor's completion
inspection in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule and
conduct multi-trade or singular inspections prior to covering installation.
Note: AMEC/Engineer will record the minutes to this inspection meeting.
6. Pre-Final InspectionUpon substantial completion of the project work
AMEC/Engineer shall coordinate and conduct a universal inspection of all
areas and elements of the work. The Sustainability Manager may be
represented if she so desires. This inspection shall be completed at least
(15) days prior to the final substantial completion inspection which shall
be conducted by AMEC/Engineer. All deficiencies and incomplete work
should be completed prior to the final substantial completion inspection.
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B. OPERATION AND CHECK OUT TESTING
The Contractor will provide personnel and equipment to perform the operational
tests and check-out of the equipment, facilities or equipment constructed,
fabricated or installed under this Contract. The Sustainability Manager
representative AMEC/Engineer will coordinate and witness all such tests.
Notification should be given at least ten (10) days in advance of the scheduled
tests.
C. FINAL INSPECTION
AMEC/Engineer will coordinate and attend all final inspections of the work. The
Sustainability Manager may be represented if she so desires. Prior to requesting
a final inspection, all tests for the equipment and systems must be completed.
See Section 01700 for contract closeout.
6)4368-2+
Maintaining accurate and retrievable records is extremely important in the Quality
Assurance Program. These records will act as a main source of information in the
present and in the future for the entire Sustainability Manager team. The main report
that will be utilized to provide this information is the Daily Quality Control Report.
Nonconformance Reports may also be issued.
A. DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the summary of daily
inspection activities performed by the Contractor's designated Quality Control
Representative. It shall include any of the steps of inspection that are performed
that day, all test monitoring and any rework of nonconforming items. The daily
Quality Control Report section of the Daily Superintendent's Report will be
routinely used for daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor Daily
Quality Control Report, Section 01385.
B. NONCONFORMANCE REPORT
Nonconformance Reports will be issued for work that is found to be in
nonconformance with the contract documents or the referenced quality
standards. The report will be issued by Sustainability Manager.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
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A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign-offs will be included with a corresponding
corrective action taken. Significant nonconformance needs to be addressed to
prevent recurrence. The signed-off report will also be submitted for review.
Work activities affected by a Nonconformance Report will proportionally counter-
affect payments. Whether that be partial or full retainage will be left up to the
discretion of Sustainability Manager.
%9(-87
A. Sustainability Manager may choose at its option to perform Contractor audits of
their Contractor Quality Control Plan at any time. Reports of these audit results
will be forwarded to the Project Manager for his action. Any action items noted
during an audit for the Contractor will be followed up and documented to insure
compliance and avoid recurrence.
7911%6=
The intention of this plan is to create a system of checks and balances that will minimize
delays caused by rework and a lack of planning and maximize production and insure
that the finished product is one that the entire construction team can pride themselves in.
These goals can be achieved by giving the Owner exactly what he has bought. The
Owner will expect no more and through Quality Assurance, the construction team will
provide no less.
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1. Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
2. Contractor shall take all means necessary to contain dust and debris as an
integral part of the work.
3. Weather intrusion and unauthorized access to the Project Site due to
of work, or other means satisfactory to the Owner.
4. Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
5. Information shown on the Drawings is assembled from numerous record
information sources and may be inaccurate or incomplete. Contractor shall make
such field visits or investigations as are necessary to prepare an accurate and
complete bid. Claims for extra work or expense after bid closing which are due to
reasonably foreseeable circumstances shall be denied and shall remain the sole
risk and expense of the Contractor. Field measured dimensions shall be
obtained by the Contractor prior to placing orders for fabrications or prefabricated
materials. Adjustments, delays, re-fabrications, or replacement materials due to
inaccurate information are the sole responsibility of the Contractor.
6. SITE SURVEY
A. The Plat of Survey or other survey data, are available in the Office of the
Sustainability Manager for review, and are for the general information of the
contractor. The data contained was prepared by AMEC/Engineer for the design
of the project, and neither the Owner nor AMEC/Engineer, nor Sustainability
Manager make any representation, guarantee of warranty as to the accuracy or
completeness of data indicated, expressed or implied.
B. Proposers shall visit the site; make their own investigations, assumptions
and conclusions as to the nature and extent of existing surface and overhead
conditions affecting the work. Neither the Owner nor AMEC/Engineer, nor
Sustainability Manager will be responsible for additional type or extent of work
required to be performed under the Contract due to any assumptions or
conclusions by the successful proposer based upon the survey information
provided.
SPECIAL CONDITIONS 00990-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7)'8-327911%6=3*8,);36/
1 Project Overview
The Scope of Work for Canal #83 located between Grouper Lane and Bonito Lane in
Rock Harbor on Key Largo, Florida consists of organic removal, backfilling and
installation of an air curtain. The migration of weed rack into the canal has resulted in
the accumulation of weed rack that has decomposed into organic muck that consumes
the dissolved oxygen present in the canal, thus preventing the ability of the canal to
properly support marine life. The organic muck removal activities are to be completed
to remove the oxygen depleting organic materials. The backfilling activities are to be
completed so that a natural benthic community can be established. The air curtain
activities are to be completed to prevent the migration of weed wrack into the canals
and the subsequent water quality degradation associated with the accumulation of weed
wrack on the canal bottoms.
The organic removal shall be done utilizing vacuum dredging in such a way to prevent
impact to the nearshore waters, and shall be completed using the proposed staging
areas identified in the design drawings ()\LMFMX%), or an approved alternate. The
backfilling will raise the canal bottom to -7.9 ft. NAVD, which is approximately 6 feet
below the Mean Sea Level for the canal (a depth that is typically suitable to allow for
sufficient light and oxygen to permeate the water column to support a healthy ecological
habitat). The organic removal, backfilling and air curtains shall be done in such a way
to prevent impact to the nearshore waters, and shall be completed using the proposed
staging area identified on the project drawings.
2 +IRIVEP4VSNIGX-RXIRXERH7GSTI
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Sustainability Manager
SUMMARY OF THE WORK 01010-Page of
4EGOIX4K
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
2. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
3.. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify
Sustainability Manager in any event, in order to not compromise the
Owner's right to make appropriate decisions.
4. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
6. The Contractor shall not store materials, tools or debris in areas of the
project site without written permission. Contractor shall provide suitable
storage container, and be responsible for disposal off-site of all debris and
trash.
7.
hours for Job Site access. Job site will have limited 8AM -6PM work
hours. Contractor will need to schedule work shifts typically from 8AM-
6PM weekly. Any change to agreed upon schedule must be obtained in
writing with a minimum of 72 hrs. advanced notice.
8. Coordination of each days works shall be done in advance with approval
from County.
4638)'8-32
A. The Contractor shall use every available precaution to provide for the safety of
property owner, visitors to the site, and all connected with the work under the
Contract.
B. All existing facilities both above and below ground shall be protected and
maintained free of damage. Existing facilities shall remain operating during the
period of construction unless otherwise permitted. All access roadways must
remain open to traffic unless otherwise permitted.
C. Barricades shall be erected to fence off all construction areas from operations
personnel and the general public. Fence posts shall have bases that eliminate
the need to penetrate the ground for support.
D. Safety Requirements
1. All application, material handling, and associated equipment shall conform to and
be operated in conformance with OSHA safety requirements.
SUMMARY OF THE WORK 01010-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
2. Comply with federal, state and local and owner fire and safety requirements.
3. Advise owner whenever work is expected to be hazardous to owner employees
and/or operations.
4. Maintain proper fire extinguisher within easy access whenever power tools,
roofing kettles, and torches are being used.
,397)/))4-2+
1. Keep materials neat and orderly.
2. Remove scrap, waste and debris from project area daily.
3. Maintenance of clean conditions while work is in progress and cleanup when
work is completed shall be in strict accordance with the "General Conditions" of
this contract.
4. Maintain Fire protection during construction
5. Housekeeping required on a daily basis
SUMMARY OF THE WORK 01010-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7)'8-32
4%68+)2)6%0
()7'6-48-32
A. Work included:
This Section applies to situations in which the Contractor or his representatives including, but
not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon
Owner's property.
Related work:
Documents affecting work of this Section include, but are not limited to, General Conditions,
Supplementary Conditions, and Sections in Division 1 of these Specifications.
59%0-8=%7796%2')
A. Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
Require all personnel who will enter upon the Owner's property certify their awareness of and
familiarity with requirements of this Section.
79&1-88%07
Maintain an accurate record of names and identification of all persons entering upon Owner's
property in connection with Work of this Contract, including times of entering and times of
leaving, and submit a copy of the record to Owner daily.
86%274368%8-32*%'-0-8-)7
A. Provide adequate protection for curbs and sidewalks over which trucks and equipment
pass to reach job site.
Contractor's vehicles:
1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all
other vehicles entering upon Owner's property in performance of Work of Contract, to
use only the Access Route approved in advance by Owner.
Do not permit such vehicles to park on any street or other area of Owner's property except in
the area approved by Owner as "Contractor's Parking Area."
7)'96-8=
A. Restrict access of all persons entering upon the Owner's property in connection with
work to the Access Route and to actual site of the work.
01015-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT PROJECTS,
CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7)'8-32%440-'%8-32*364%=1)28
7911%6=
This section provides procedures for preparation and submittal of Applications for Payment.
*361%8
The Application for Payment including the Continuation Sheet is the required format for submitting
invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the
format to better suit his internal accounting system.
79&1-88%0463')(96)7
'SRWXVYGXMSR
A. The initial Application for Payment will not be processed until the Contractor's
7GLIHYPI7GLIHYPISJ:EPYIWERHXLIMRMXMEP7YFQMXXEP7GLIHYPI
have been received,
ETTVSZIH
reviewed and by Sustainability Manager.
B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of
Lien with each Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70
et seq. Florida Statutes.
D. Monroe County makes every effort to meet the payment schedule. It is requested that the
contractor not make any calls to any County office inquiring about payment until the twentieth
th
(20) day after submission of the pay request.
1328,0=4%=6)59)78463')(96)
A. AMEC/Engineer to review as-builts as to current additions, corrections, etc., prior to monthly
approval to ensure as-builts are current.
*-2%04%=463')(96)
A. To help expedite the final payment, it is necessary for AMEC/Engineer to have a correct and
complete package of documents 20 days in advance of requested pay date.
B. A minimum of ten (10) working days is required from receipt of correct documents for
Sustainability Manager to obtain necessary signatures and submit project for Final Payment.
Contractor shall submit all required forms and releases to AMEC/Engineer. The following
documents (samples attached) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4)
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT PROJECTS,
CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
(5)
(6) Final Release of Lien
--
lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water)
have been paid, and a complete list of subcontractors with addresses and phone numbers must
be submitted prior to final payment in both bound paper and electronic PDF form on CD/DVD.
'-XMWVIWTSRWMFMPMX]XSIRWYVIXLIGSQTPIXIRIWWSJXLI*MREP4E]4EGOEKI
-RGSQTPIXIRIWW[MPPVIWYPXMRHIPE]SJ*MREP4E]*MREP4E]6IUYIWXW[MPPRSXFI
TVSGIWWIHYRXMPEPPXLIVIUYMVIHHSGYQIRXWEVIVIGIMZIHF]1SRVSI'SYRX]7YWXEMREFMPMX]
1EREKIV*MREP4E]6IUYIWXQYWXFIWYFQMXXIHRSPEXIVXLERHE]WEJXIVJMREPTVSNIGX
GSQTPIXMSRERHEGGITXERGI
79&78%28-%8-2+(%8%
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, date, line item by number and description.
APPLICATION FOR PAYMENT 01027-Page of
4EGOIX4K
ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT PROJECTS, CANAL #83
KEY LARGO, MONROE COUNTY, FL
%*4
440-'%8-3236%=1)28
In accordance with the Contract Documents, based on on
7911%6=
comprising the above application, the Engineer certifies to the Owner that to the best of the
Application No:
quality of the Work is in accordance with the Contract Documents, and the
entitled to payment of the Amount Certified.
To: Monroe County, Florida
This Certificate is not negotiable. The Amount Certified is payable only to the Contractor
From:
named herein. Issuance, payment and acceptance of payment are without any prejudice to
Contractor
any rights of the Owner or Contractor under this Contract.
Project:
Amount Certified:
(Attach an explanation if the amount certified differs from the amount applied for)
Contract For:
ENGINEER:
Period: From: To:
By:
Contract Date:
Date:
Original Contract Sum: $
Net Change By Approved Change Order:
information and belief, the Work covered by this Application for Payment has been
completed in accordance with the Contract Documents, that all amounts have been paid by
Contract Sum To Date:
the Contractor for Work for which previous Applications for Payment were is
payments received from the Owner, and that current payment shown herein is now due.
Total Completed & Stored To Date:
Retainage
By:
% of Completed Work:
State of:
Total Earned Less Retainage:
Subscribed and sworn to before me this ______ day of ____________________, 200
Less Previous Payments:
Notary Public:
Current Payment Due:
My Commission Expires:
Balance to Finish:
_____________________________ Approved for Payment Approved for Payment
Reviewed for Payment
Monroe County, Owner
Sustainability Program Manager Roman Gastesi, County Administrator
Debbie Frederick, Deputy Administrator
Date: Date:
Date:
APPLICATION FOR PAYMENT 01027-Page of
ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT PROJECTS, CANAL #83
LARGO, MONROE COUNTY, FL
'7
328-29%8-32,))8
4
%+)7
AACFP
PPLICATION ND ERTIFICATE OR AYMENT
APPLICATION NO.:
APPLICATION DATE:
In tabulations below, amounts are stated to the nearest dollar. PERIOD TO:
Use Column I on Contracts where variable retainage for line items may apply.
Change Orders added at the end of sheet.
AB C D E F G
WORK COMPLETED
ITEMDESCRIPTION OF WORK SCHEDULED FROM PREVIOUS THIS PERIOD MATERIALS TOTAL %
NO. VALUE APPLICATION PRESENTLY COMPLETED AND (G ÷ C)
(D + E) STORED STORED TO DATE
(NOT IN D OR E) (D + E + F)
APPLICATION FOR PAYMENT01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
1'
3263)3928=
CCO
ONTRACT HANGE RDER
463.)'88-80) ',%2+)36()623
-2-8-%8-32(%8)
83'3286%'836 '3286%'8(%8)
The Contract is changed as follows:
The original (Contract
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
The date of Substantial Complet
Detailed description of change order and justification:
This change Order is % of the original contract price.
2SXZEPMHYRXMPWMKRIHF]3[RIV%VGLMXIGX
MJETTPMGEFPI
ERH'SRXVEGXSV
ENGINEER:
Date
CONTRACTOR:
Date
SUSTAINABILITY PROGRAM MANAGER:
Date
COUNTY/DEPUTY ADMINISTRATOR
Date
4EGOIX4K
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
'LERKI3VHIV%XXEGLQIRXTIV3VHMRERGI2S
Change Order was not included in the original contract specifications. Yes No
If Yes, explanation:
Change Order was included in the original specifications. Yes No
If Yes, explanation of increase in price:
Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes No
If Yes, explanation as to why it is not subject for a calling for bids:
Project engineer approves the change order. Yes No
If no, explanation of why:
Change Order is correcting an error or omission in design document. Yes No
Should a claim under the applicable professional liability policy be made? Yes No
Explain:
4EGOIX4K
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CONTRACT FOR:
CONTRACT DATE:
(Name and address)
TO OWNER: TO CONTRACTOR:
(Name and address) (Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Project Managers best knowledge,
information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work
when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the
Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion
thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated
below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
INSPECTOR BY DATE
(if used)
The Contractor will complete or correct the Work on the list of items attached hereto within the above date of
Substantial Completion.
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession
thereof at ,on
(time)
.
(date)
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance shall be
as follows:
Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage.
4EGOIX4K
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
TO OWNER: CONTRACT FOR:
CONTRACT DATE:
(Name and address)
PROJECT:
(Name and address)
State of:
County of:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed
below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and
services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection
with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible.
d by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each
exception).
SUPPORTING DOCUMENTS ATTACHED HERETO:
CONTRACTOR:
1. Consent of Surety to Final Payment. Whenever
Surety is involved, Consent of Surety is required.
AIA DOCUMENT G707, CONSENT OF
SURETY, may be used for this purpose. Indicate
attachment: yes ( ) no ( ) Address:
The following supporting documents should be attached
hereto:
By:
1.
conditional upon receipt of final payment.
Subscribed and sworn to before me this
2. Separate Releases or Waivers of Liens from day of ,20 .
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof. Notary Public:
3. ase of Liens.
My Commission Expires:
4EGOIX4K
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
RELEASE OF LIENS
833;2)6 '3286%'8*36
2EQIERHEHHVIWW
'3286%'8(%8)(
463.)'8
2EQIERHEHHVIWW
State of ___________________:
County of _________________:
tion and belief,
except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all
Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services
who have or may have liens or encumbrances or the right to assert liens or encumbrances against any
property of the Owner arising in any manner out of the performance of the Contract referenced above.
EXCEPTIONS:
CONTRACTOR:
SUPPORTING DOCUMENTS ATTACHED
2EQIERHEHHVIWW
HERETO:
1.
conditional upon receipt of final payment.
By:
_____________________________________
2. Separate Releases or Waivers of Liens from
7MKREXYVISJEYXLSVM^IHVITVIWIRXEXMZI
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof. _____________________________________
4VMRXIH2EQIERH8MXPI
Subscribed and sworn to before me this date:
_____________________________
Notary Public:
_____________________________
(SEAL)
My Commission Expires:
4EGOIX4K
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
____________________
13263)'3928=
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($ )
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien
rights, claims or demands of any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS day of , 20
Witness Name of Company
Witness Signature, Title
Notary Public
My commission expires:
APPLICATION FOR PAYMENT 01027-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
13263)'3928=
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
/23;%001)2&=8,)7)46)7)287
, that the undersigned, for and in consideration of the
payment of the sum $ , to be paid to the undersigned, hereby releases,
13263)'3928=3;2)6
acquits, satisfies and forever discharges, , their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
amount of $ , as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the
undersigned for improvement to the subject property have been paid in full. Any and all
suppliers of labor, material or services for improvement to the subject property, who have not
been paid in full are listed below with the amount owing each, claimed by each and the reason
for non-payment: (If none, write "NONE")
'0%-1%28%13928(9)%13928'0%-1)(6)%732*362324%=1)28
__________
THAT all taxes imposed by all government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS day of , 20
Witness Name of Company
Witness Signature, Title
APPLICATION FOR PAYMENT 01027-Page of
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7)'8-32%08)62%8)7
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for Alternates.
B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal
Form for certain construction activities defined in the Proposal Requirements that may
be added to or deducted from Base Proposal amount if the Owner decides to accept a
corresponding change in either the installation or methods described in Contract
Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary
to ensure that Work affected by each accepted Alternate is complete and fully integrated
into the project.
D. Notification: Immediately following the award of the Contract, prepare and distribute to
each party involved, notification of the status of each Alternate. Indicate whether
Alternates have been accepted, rejected or deferred for consideration at a later date.
Include a complete description of negotiated modifications to Alternates.
1. Include as part of each Alternate, miscellaneous devices, accessory objects and
similar items incidental to or required for a complete installation whether or not
mentioned as part of the Alternate.
ALTERNATES 01030-Page of
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ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN WATER QUALITY IMPROVEMENT
PROJECTS, CANAL #83 ROCK HARBOR, KEY LARGO, MONROE COUNTY, FL
7)'8-32463.)'8'336(-2%8-32
PART I GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and supervisory requirements of the
Contractor necessary for Project coordination including, but not necessarily
limited to:
1. Coordination
2. Administrative and supervisory personnel
3. General installation provisions
4. Cleaning and protection
B.
C. Progress meetings, coordination meetings and pre-installation conferences are
D.
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation,
connection, and operation.
1. Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
PROJECT COORDINATION 01040-Page of
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1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules
2. Installation and removal of temporary facilities
3. Delivery and processing of submittals
4. Progress meetings
5. Project Close-out activities
D. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and
materials.
1. Salvage materials and equipment involved in performance of, but not
actually incorporated in, the Work. Refer to other sections for disposition
1.4 SUBMITTALS
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off-site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1. Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3.
B. Staff Names: Within 3 calendar days of Notice to Proceed, submit a list of the
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1. Post copies of the list in the Project meeting room, the temporary field
office, and at each temporary telephone.
PART 2 PRODUCTS (Not Applicable)
PART 3 EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
Inspection of Conditions: Require the Installer of each major component to inspect
both the substrate and conditions under which Work is to be performed. Do not
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proceed until unsatisfactory conditions have been corrected in an acceptable
manner.
recommendations, to the extent that those instructions and recommendations
are more explicit or stringent than requirements contained in Contract
Documents.
Inspect materials or equipment immediately upon delivery and again prior to
installation. Reject damaged and defective items.
Provide attachment and connection devices and methods necessary for security Work.
Secure Work true to line and level. Allow for expansion and building
movement.
Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in
exposed Work to obtain the best visual effect. Refer questionable choices to
Engineer for final decision.
Recheck measurements and dimensions, before starting each installation.
Install each component during weather conditions and Project status that will ensure
the best possible results. Isolate each part of the completed construction from
incompatible material as necessary to prevent deterioration.
Coordinate temporary enclosures with required inspections and tests, to minimize the
necessity of uncovering completed construction for that purpose.
Mounting Heights: Where mounting heights are not indicated, install individual
components at standard mounting heights recognized within the industry for
the particular application indicated. Refer questionable mounting height
decisions to Engineer for final decision.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
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LIMITING EXPOSURES
1. Excessive static or dynamic loading
2. Excessive internal or external pressures
3. Excessively high or low temperatures
4. Thermal shock
5. Excessively high or low humidity
6. Air contamination or pollution
7. Water
8. Solvents
9. Chemicals
10. Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soiling, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
23. Contract between incompatible materials
24. Destructive testing
25. Misalignment
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30. Vandalism
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7)'8-32'988-2+%2(4%8',-2+
PARTS 1, 2 and 3 Not Applicable.
)2(3*7)'8-32
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PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements of
the Contractor for field-engineering services including, but not limited to, the
following:
1. Land survey work.
2. Civil-engineering services.
3. Damage surveys.
4. Geotechnical monitoring.
B. Related Sections: The following Sections contain requirements that are related
to this Section:
1. Division 1 Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner-accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land-surveying services.
B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to lay out the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroyed Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning site work, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
2. As construction proceeds, check every major element for line, level, and
plumb.
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B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1. Record deviations from required lines and levels, and advise
AMEC/Engineer when deviations that exceed indicated or recognized
tolerances are detected. On Project Record Drawings, record deviations
that are accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field-engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and site work.
C. Site Improvements: Locate and lay out site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and lay out batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines
and levels required for mechanical electrical work.
E. Existing Utilities: Furnish information necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
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PART 1 - GENERAL
1. SUMMARY
A. Section includes:
1. Project meetings
2.
A. AMEC/Engineer shall schedule and administer pre-construction meeting, periodic
progress meetings, and specially called meetings throughout progress of the
Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting 24 hours in advance of meeting date, or
provide as much advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
c. To Monroe County staff as needed.
B. Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The Engineer and the Owner's Representative may attend meetings to ascertain
that the Work is expedited consistent with the Contract Documents and
construction schedules.
3. PRE-CONSTRUCTION MEETING
A. Location: A central site designated by AMEC/Engineer.
B. Attendance:
1. Monroe County Sustainability Manager designee.
2. AMEC/Engineer and his professional consultants (as required).
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
6. Others as appropriate.
C. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
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2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Bid requests.
c. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first-aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
4. PERIODIC PROGRESS MEETINGS
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a periodic scheduled meeting.
B. Location of the meetings: A central site designated by AMEC/Engineer, typically
it will be at the project site.
C. Attendance:
1. Monroe County Sustainability Manager designee
2. AMEC/Engineer and his professional consultants as needed.
3. Contractors as appropriate to the agenda.
4. Suppliers as appropriate to the agenda.
5. Others.
D. Suggested Agenda:
1. Distribute meeting minutes.
2. Approval of the minutes.
3. Review of Work progress since previous meeting.
4. Field observations, problems, conflicts, Requests for Information (RFI).
5. Problems which impede Construction Schedule.
6. Review of off-site fabrication, delivery schedules.
7. Corrective measures and procedures to regain projected schedule.
8. Revisions to Construction Schedule.
9. Progress, schedule, during succeeding Work period.
10. Coordination of schedules.
11. Review submittal schedules.
12. Maintenance of quality standards.
13. Pending changes, substitutions and Change Order Requests (COR).
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14. Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
15. Other business.
E. Revisions to minutes:
1. Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3.
at the next regularly scheduled meeting.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. The Contractor shall submit to AMEC/Engineer, shop drawings, product
data, certifications and samples required by the technical sections.
2. The Contractor shall prepare and submit a separate schedule listing
dates for submission and dates for review.
B. Related Sections:
1. Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample requirements.
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within five (5) days of Notice to Proceed, and prior to
proceeding with the site work, a preliminary "Submittal Schedule" to
Sustainability Manager and AMEC/Engineer for review, modification and
response. No payment applications will be processed prior to finalizing the
submittal schedule. The "Submittal Schedule" shall contain the following
information for all required submittals on both paper and electronic PDF.
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., sample, test data, shop drawing,
etc.).
B. The Contractor shall also supply the following dates in order to meet the project
schedule.
1. Date submittal is scheduled to be submitted.
2. Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled delivery to job-site of material or
equipment or the submittal item.
4. Add any remarks or unique items that Sustainability Manager and
AMEC/Engineer should be aware of.
C. The Contractor shall allow a minimum of two (2) days for review of submittal by
Sustainability Manager and AMEC/Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within the
process.
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1.3 SHOP DRAWINGS - Not applicable
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to AMEC/Engineer. Submit four (4) copies
of product data to AMEC/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. The contractor shall submit seven (7) sets to AMEC/Engineer. AMEC/Engineer
will check and return five (5) copies to the Contractor after review.
1.5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and to
establish standards by which completed work may be judged.
B. Construct mock-ups as required by the technical sections, at the Project Site in a
location designated by AMEC/Engineer. Construct mock-ups, including adjacent
work required, to demonstrate the final appearance of the Work.
C. The contractor shall submit (3) samples to AMEC/Engineer and (1) will be
returned to the contractor after review/return from AMEC/Engineer.
1.6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationery. Certifications shall be identified to this Project,
dated and bear Contractor's signature in the same format used for the
Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material and the
intended installation methods, where applicable, are in compliance with the
Contract Documents. Attach manufacturer's affidavits where applicable.
C. The Contractor shall submit one (1) original, one (1) electronic and two (2)
hardcopies to AMEC/Engineer. AMEC/Engineer will retain two (2) sets and the
balance returned to the Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to AMEC/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 AMEC/Engineer for review. Return submittals not meeting Contract
requirements to subcontractors and do not forward such submittals to
AMEC/Engineer.
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B. Submit catalog sheets, product data, shop drawings and where specified, submit
calculations, material samples, color chips or charts, test data, warranties and
guarantees all at the same time for each submittal item.
C. Verify field measurements and product catalog numbers or similar data.
D. Clearly identify on the submittal and transmittal to AMEC/Engineer in writing of
deviations in submittals from the requirements of the Contract Documents.
E. After AMEC/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
AMEC/Engineer's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by AMEC/Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by AMEC/Engineer review of submittals
unless AMEC/Engineer gives written acceptance of specific deviations.
1.8
A. AMEC/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. AMEC/Engineer will make changes or notations directly on the submittal, identify
such review with his review stamp, obtain and record the Record File copy and
return the submittal to the Contractor, with copies to AMEC/Engineer.
C. AMEC/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.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor submission of Progress schedules
2. Contractor submission of Revisions to schedules
B. Related sections:
1. Scope of work.
C. Description:
1. Progress Schedules: promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to Sustainability
Manager and AMEC/Engineer for approval, construction progress
schedules for the work, with sub-schedules of related activities which are
essential to its progress. Also incorporate manpower loading related to
each activity on the construction schedule.
2. Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
1.2 FORMAT
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Sustainability Manager and AMEC/Engineer.
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub-schedules to define critical portions of the entire schedule.
.
1.4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
B. Identify activities modified since previous submittal, major changes in scope, and
other identifiable changes.
1. Major changes in scope.
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
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4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.5 SUBMITTALS
A. Submit initial schedules within five (5) days after receipt of the Contract Notice to
Proceed.
1. Sustainability Manager and AMEC/Engineer will review schedules and
return approved copy.
2. Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon Sustainability Manager or AMEC/Engineer to notify the
Contractor when to begin, to cease, or to resume work nor to give early notice of
faulty or defective work, or in any way to superintend so as to relieve the
Contractor of responsibility or of any consequence of neglect or carelessness.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1. The Schedule of Values allocated to the various portions of the Work
shall be submitted to Sustainability Manager within five (5) days after
Notice to Proceed.
2. No item in the Schedule of Values shall exceed $25,000.00 without prior
approval from Monroe County Sustainability Manager.
3. Upon request of Sustainability Manager, revise and/or support the values
with data which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
5. The Schedule of Values shall be the basis for the amount of credit to be
allowed by the Contractor to the Owner as per 5.6.1 of the Contract.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AIA G703 Form; the Contractor's standard forms and
automated printout will be considered by Sustainability Manager upon the
Contractor's request. Identify schedule with:
1. Title of Project and location
2. Architect/Engineer
3. Name and Address of the Contractor
4. Contract designation
5. Date of submission
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub-values of major products or operations under the
item.
F. For the various portions of the Work:
1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
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2. for items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
c. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub-schedule for each separate stage of work specified
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Sustainability Manager, revise and resubmit schedule (and
Schedule of Material Values) as required.
B. Resubmit revised schedule in same manner.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by the General Contractor.
2. Scheduled submission times for Daily Construction Reports.
1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
A. Daily Construction Reports shall be submitted by the General Contractor
performing work on the project. We have provided a form for your use at the end
of this section. If you chose to use your own form, all the information asked for on
the Daily Construction Report form included in this section, must be included on
your form. Items to be addressed on the Report are:
1. Title of Project
2. Name of Contractor
3. Date and day of Report information. For example, you performed work
on Thursday, February 14, 2008, so you would therefore use "Thursday,
2/14/08." This holds true even if you did not complete filling out the
Report until Friday, 2/15/08.
4. Contract designation.
5. Note any major Shipments received on that particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades. For example, if you
were the mechanical contractor, you would also list how many insulators,
pipe fitters, etc., that you were also managing, even if they were
subcontractors. In addition, list the names of the subcontractors that
were on-site that day.
8. Note any deficiencies in your work, and corrective actions taken to
resolve the deficiencies.
9. Note any safety violations discovered, whether or not caused by your
forces.
10. Provide a full description of work performed that day, by all
subcontractors, and or employees, currently working on the project.
Furthermore, be sure to include any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized representative of the contractor,
and should the signature not be legible, print the name of the signer next
to the signature.
1.3 SCHEDULE OF SUBMITTING DAILY REPORTS
A. Daily Reports are to be submitted to AMEC/Engineer at the regularly scheduled
Project Meetings. Contractors are to submit the original of their report, and
should keep a copy for their records. AMEC/Engineer or Sustainability Manger
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photocopying facilities are not to be used in the reproduction for submission of
the reports.
B. Should contractor fail to comply with these instructions, the contractor's payment
application for the following month will be held in abeyance until such time the
contractor properly submits the delinquent reports.
DAILY CONSTRUCTION REPORT
PROJECT: REPORT NO:
CONTRACTOR:
DATE TIME WEATHER TEMP.RANGE
EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE (+,-)
WORK IN PROGRESS PRESENT AT SITE
OBSERVATIONS
ITEMS TO SATISFY
INFORMATION OR ACTION REQUIRED
ATTACHMENTS
REPORT BY:
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6*-
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Notification to AMEC/Engineer and Sustainability Manager in the event
errors, field conflicts, and omissions are found in the Contract Documents
or clarifications are necessary.
2. Utilization of (RFI) form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
3. General Conditions Article 12.3
1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of AMEC//Engineer and Sustainability Manager
immediately. If clarifications are necessary, the request is to be conveyed to
AMEC/Engineer and Sustainability Manager. AMEC/Engineer and Sustainability
Manager will respond to the Contractor. The RFI is a tool established to provide
expedient clarifications of contract drawings, specifications or field conflicts. It is
not meant to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work. Reference General
Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions),
when formal correspondence is required for formal notification of time
extensions, and for cost change notifications.
C. The responses provided on the RFI form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraph 12.4 of the Contract General Conditions. Should the Contractor
consider the RFI response requires extra work, notification in accordance with
Paragraph 12.3.1 of the Supplementary General Conditions is required.
1.3 UTILIZATION OF RFI FORM
A. The RFI form to be utilized is included at the end of this section, if you wish to use a
form of your own; it must contain the same information requested on our form.
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PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services.
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Architect.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products.
1. Specific quality control requirements for individual construction activities
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The following Sections contain requirements that are related
to this Section:
1.
and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
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1.3 RESPONSIBILITIES
A. The contractor shall be responsible to secure, provide, and pay for all
inspections, test, and other quality-control services specified and required by the
contract or governing authorities. Costs for these services are included in the
Contract Sum. Any reference in the Contract Documents, Drawings, Front End
Documents or Technical Specifications indicating the Owner is responsible to
secure and pay for testing shall be disregarded and rendered null and void.
1. Where individual Sections specifically indicate that certain inspections,
tests, and other quality-control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing
agency to perform quality-control services. Costs for these services are
included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of the Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re-testing: The Contractor is responsible for re-testing where results of
inspections, tests, or other quality-control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
1. The cost of re-testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provide reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections
and tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
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individual Sections shall cooperate with the Architect and the Contractor in
performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify AMEC/Engineer, the Sustainability Manager and
the Contractor promptly of irregularities or deficiencies observed in the
Work during performance of its services.
2. The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion
of the Work.
3. The agency shall not perform any duties of the Contractor.
1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,
test, or similar service to AMEC/Engineer and Sustainability Manager. If the
Contractor is responsible for the service, submit a certified written report, in
duplicate, of each inspection, test, or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing
authority, when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
I. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
l. Name and signature of laboratory inspector.
m. Recommendation on re-testing.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre-qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
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1. Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar
services, repair damaged construction and restore substrates and finishes.
Comply with Contract Document requirements for Division 1 Section "Cutting and
Patching".
B. Protect construction exposed by or for quality-control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment
of responsibility for inspection, testing, or similar services.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Selection and payment
2. The Contractor submittals
3. Testing laboratory responsibilities
4. Testing laboratory reports
5. Limits on testing laboratory authority
6. The Contractor responsibilities
7. Schedule of inspections and tests
B. Section Includes:
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Section 01800 - SOIL BORING DATA
4. Individual Specification Sections: inspections and tests required, and
standards for testing.
1.2 SELECTION AND PAYMENT
A. The Contractor shall be responsible to secure and pay for all testing services of a
qualified independent testing laboratory to perform specified inspections and
testing as indicated in Technical Specification Sections and as required by the
contract or any governing authorities. Any reference in the Contract Documents,
Drawings, Front End Documents or Technical Specification indicating the Owner
is responsible to secure and pay for testing shall be disregarded and rendered
null and void.
B. Employment of testing laboratory shall in no way relieve the Contractor of obligation
to perform the Work in accordance with requirements of the Contract Documents.
1.3 QUALITY ASSURANCE
A. Testing laboratory: authorized to operate in the State of Florida.
B. Testing laboratory staff: maintain a full time registered Engineer on staff to
review services.
C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy
traceable to either National Bureau of Standards (NBS) standards or accepted
values of natural physical constants.
D. Meet "Recommended Requirements for Independent Laboratory Qualification,"
published by American Council of Independent Laboratories.
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1.4 TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with AMEC/Engineer and the
Contractor in performance of services.
C. Perform specified inspection, sampling, and testing of products in accordance
with specified standards.
D. Ascertain compliance of materials and mixes with requirements of the Contract
Documents.
E. Promptly notify AMEC/Engineer and the Contractor of observed irregularities or
non-conformance of the Work or products.
F. Perform additional inspections and tests required by the AMEC/Engineer.
1.5 TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to AMEC/Engineer and Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of test
10. Conformance with the Contract Documents
C. When requested by AMEC/Engineer, provide interpretation of test results.
1.6 LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
D. The testing laboratory has no authority to stop the Work.
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1.7 THE CONTRACTOR RESPONSIBILITIES
A. Deliver to the testing laboratory at designated location, adequate samples of
materials proposed to be used which require testing, along with proposed mix
designs.
B. Cooperate with testing laboratory personnel, and provide access to the Work and
to the manufacturer's facilities.
C. Provide incidental labor and facilities to provide access to the Work to be tested,
to obtain and handle samples at the Site or at source of products to be tested, to
facilitate tests and inspections, storage and curing of test samples.
D. Notify AMEC/Engineer and the testing laboratory 24 hours prior to expected time
for operations requiring inspection and testing services.
E. Employ services of a separate qualified testing laboratory and pay for additional
samples and tests which are beyond the specified requirements.
1.8 RETEST RESPONSIBILITY
A. Where the results of required inspections, tests, or similar services prove
unsatisfactory and do not indicate compliance with the requirements of the Contract
Documents, the cost for any re-tests shall be the responsibility of the Contractor.
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PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specifications Sections, apply to
this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the conditions of this
Contract.
B. notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
help the reader locate the reference; no limitation on location is intended.
C.
.
D.
the Conditions of the Contract.
E. Regula
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: T
site, ready for unloading, unpacking, assembly, installation, and similar
G.
loading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
H.
for the intended us
I.
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
1.
having a minimum of five previous projects similar in size and scope to
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this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2.
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and may or may not be identical with the description of the land on
which the Project is to be built.
K.
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
-Division format
and MASTER FORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended meaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
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a. included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
B. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with two or more standards is
specified, and the standards may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different,
but apparently equal, and uncertainties to Sustainability Manager for a decision
before proceeding.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to AMEC/Engineer for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
Research Co., available in most libraries.
:
F. Abbreviations and Names
Trade association names and titles of general standards are frequently
abbreviated. The following abbreviations and acronyms, as referenced in the
Contract Documents, mean the associated names. Names and addresses are
subject to change and are believed, but are not assured, to be accurate and up-
to-date as of the date of the Contract Documents.
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AA Aluminum Association
AABC Associated Air Balance Council
AAMA American Architectural Manufacturers
AAN American Association of Nurserymen
(See ANLA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
AI Asphalt Institute
AIA the American Institute of Architects
AISC American Institute of Steel Construction
AITC American Institute of Timber Construction
ALA American Laminators Association
ALSC American Lumber Standards Committee
AMCA Air Movement and Control Association International, Inc.
ANLA American Nursery and Landscape Association
ANSI American National Standards Institute
APA APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA Architectural Precast Association
ARMA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
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ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
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NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
RFCI Resilient Floor Covering Institute
SDI Steel Door Institute
SGCC Safety Glazing Certification Council
SIGMA Sealed Insulating Glass Manufacturing Association
SMACNA Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPIB Southern Pine Inspection Bureau
SPRI SPRI (Formerly: Single Ply Roofing Institute)
SWRI Sealant, Waterproofing and Restoration Institute
TCA Tile Council of America
UL Underwriters Laboratories, Inc.
WCLIB West Coast Lumber Inspection
WIC Woodwork Institute of California
WWPA Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government standards-or
specification-producing agencies are often abbreviated. The following abbreviations and
acronyms referenced in the Contract Documents indicate names of standards-or
specification-producing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to be accurate and up-to-
date as of the date of the Contract Documents.
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
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PART 1 GENERAL
1.1 DESCRIPTION
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as water, electricity, and telephone.
2.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public and
employee safety.
6. Project sign.
B. Related Work:
1. Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A.
The Contractor shall provide and maintain an office with telephone
1.
facilities where he or a responsible representative of his organization may be
reached at any time while work is in progress.
be located at the project site but must be located in the Upper Keys area.
B. Sanitary facilities:
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
2.2 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary
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construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations.
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence or
barricade of design and type needed to prevent entry onto the Work by the
public.
2.4 PROJECT SIGNS:
A. Prior to start of construction, mount a project sign
Securely fasten the sign to the building or posts set in the ground as approved by
Sustainability Manager. A design provided by, or approved by Sustainability
Manager will include, but not necessarily be limited to: the project name; the
telephone number, and the Engineer, address, and telephone number.
PART 3 EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
B. Remove such temporary facilities, to include existing mobile home, and controls
as rapidly as progress of the Work will permit, or as directed by the Owner.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State and local codes and regulations.
PART 2 - PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
1. The Contractor shall comply with all Federal, State and local codes, laws
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or
AMEC/Engineer or other separate contractors employed at the site.
3. The Contractor shall completely remove temporary scaffolds, access,
platforms, and other such materials, facilities, and equipment, at the
completion of the Work or when construction needs can be met by the
use of the permanent construction, provided AMEC/Engineer has
approved and authorized such use. The Contractor shall clean up and
shall repair any damage caused by the installation or by the use of such
temporary construction aids. The Contractor shall restore any permanent
facilities used for temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
2.3 TEMPORARY ENCLOSURES
A. The Contractor shall be responsible for installing the permanent closure in an
opening in an exterior wall and shall be responsible for installing, maintaining,
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and removing, as the Work progresses, a temporary weather-tight enclosure for
that opening as necessary to provide acceptable working conditions, to provide
weather protection for interior materials, to allow for effective temporary heating
and/or cooling, and to prevent entry of unauthorized persons.
1. The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by
AMEC/Engineer.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
3. Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for insuring that his work,
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shall
provide, maintain and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
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A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back-fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
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PART 1 - GENERAL
1.1 SUMMARY OF WORK BY THE CONTRACTOR
A. Section Includes:
1. Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. Contractor shall grade site to drain.
B. Protect site from puddling or running water. Provide water barriers to protect site
from soil erosion. Maintain excavations free of water. Provide, operate, and
maintain pumping equipment.
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations.
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere.
1.4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts
and fills, from borrow and waste disposal areas. Prevent erosion and
sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to prevent water
flow.
D. Construct fill and waste areas by selective placement to avoid erosive surface
silts or clays.
E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly
apply corrective measures.
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1.5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge of noxious, toxic substances, and pollutants
produced by construction operations.
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A. The Contractor shall furnish, install, and maintain a temporary field office if
required by Sustainability Manager and AMEC/Engineer for his use, the use of
his employees, and the use AMEC/Engineer during the construction period. The
location of the Field Office shall be determined by Sustainability Manager and
AMEC/Engineer.
B. The Contractor shall furnish, install, and maintain temporary storage and work
sheds to adequately protect his work, materials, equipment, supplies, tools,
machinery, and construction equipment from damage and theft.
C. The Contractor shall arrange his field office and sheds so as not to interfere with
the construction. The locations of field offices and sheds shall be coordinated
with Sustainability Manager and AMEC/Engineer. The type, size and location of
field offices and sheds are subject to approval by Sustainability Manager and
AMEC/Engineer.
D. The Contractor shall arrange and pay for temporary electricity and telephone
service for his field office and sheds, if he should require such services.
E. The Contractor shall relocate his field office and sheds as directed by
Sustainability Manager, at no additional cost to the Owner.
F. The Contractor shall remove his field office and sheds on completion of the Work
or when directed by Sustainability Manager and AMEC/Engineer. The
Contractor shall remove all debris and rubbish and shall leave the area in a clean
and orderly condition.
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PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Cleaning during progress of work.
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on-site containers for the collection of waste materials, debris, and
rubbish.
C. Dispose of waste materials, debris and rubbish off site at a state permitted
disposal site.
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D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by AMEC/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 also to be removed
by the contractor. Paper, boxes and bulk packaging shall be folded or cut into
reasonable sizes and shapes as appropriate and confined to prevent loss of
trash due to wind relocation. Full trash containers shall be disposed and
replaced as necessary to maintain above requirements and/or as directed by
AMEC/Engineer. Contractor shall use properly licensed solid waste hauling
vendors, licensed to operate in Monroe County.
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PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Products
2. Transportation and handling
3. Storage and protection
4. Security
1.2 PRODUCTS
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Products do not include machinery and
equipment used for preparation, fabrication, conveying and erection of the Work.
Products may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
1.3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings.
B. Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
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1.4 STORAGE AND PROTECTION
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date. The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Post-proposal substitutions
1.2 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
B. After the end of the proposal period, substitution requests, from the successful
Proposer, will be considered only in the case of:
1. Product unavailability.
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product
specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of
replacement materials.
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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 Proposer.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of AMEC/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
AMEC/Engineer.
F. AMEC/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.
2. The same warranties or bonds will be provided for the substitute product
as for the product specified.
3. Coordination and installation of the accepted substitution into the Work
will be accomplished and changes as may be required for the Work to be
complete will be accomplished.
4. Claims for additional costs caused by substitution which may
subsequently become apparent will be waived by the Contractor.
5. Complete cost data is attached and includes related costs under the
Contract, but not:
a. Costs under separate contracts.
b. Sustainability Manager's costs for redesign or revision of Contract
Documents.
1.4 POST-PROPOSAL SUBSTITUTION FORM
A. The form is attached to this section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
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POST-PROPOSAL SUBSTITUTION FORM
TO: AMEC/Engineer
We hereby submit for your consideration the following product instead of the specified item for
the above project:
DRAWING NO: DRAWING NAME:
SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and
performance to that which is specified. Clearly mark manufacturer's literature to indicate
equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance
and assumes liability for equal performance, equal design and compatibility with adjacent
materials.
Submitted By:
Signature Title
Firm
Address
Telephone Date
Signature shall be by person having authority to legally bind his firm to the above terms. Failure
to provide legally binding signature will result in retraction of approval.
*SVYWIF]XLI%VGLMXIGX)RKMRIIV*SVYWIF]XLI3[RIV4VSN1KQX
: :
Recommended Recommended as noted Approved
Not Recommended Received too late Not Approved
Insufficient data received Approved as noted
By: By:
Date: Date:
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Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant
variations:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($ ).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
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PART I--GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
Conditions, and Sections in Division of these Technical Special
Provisions.
2. Additional procedures also may be prescribed in other Sections of
these Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such
procedures as are required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by Sustainability Manager, determine and
comply with manufacturers' recommendations on product handling,
storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container,
with labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact
until time of use.
2. Promptly remove damaged material and unsuitable items from the
job site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. AMEC/Engineer may reject as non-complying such material and products
that do not bear identification satisfactory to AMEC/Engineer as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are
handled.
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B. Provide protection for finished floor surfaces in traffic area prior to
allowing equipment or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected until
accepted by the Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the
approval of AMEC/Engineer and at no additional cost to the Owner.
B. Additional time required to secure replacements and to make repairs will
not be considered by AMEC/Engineer and Sustainability Manager to
justify an extension in Contract Time of Completion.
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PART 1 GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have
successfully produced, in this order, these three terminal activities:
1. Substantial Completion
2. Final Completion
3. Final Payment
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Contractor shall submit to AMEC/Engineer when work is substantially
complete:
1. A written notice that the Work, or designated portion thereof, is
substantially complete.
2. Request Substantial Completion Observation at a mutually
agreeable date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing
authorities:
a. Certificate of Occupancy (or Completion)
b. Certificates of Inspection as applicable:
1) Electrical systems if required by Code
B. Within a reasonable time after receipt of such notice, the Owner and the
Contractor will make an observation to determine the status of
completion.
C. Should the Owner determine that the work is not substantially complete,
the following will occur:
1. The Owner will promptly notify the Contractor in writing, giving the
reasons.
2. The Contractor shall remedy the deficiencies in the Work, and
send a second written notice of substantial completion to the
Owner.
3. The Owner will re-observe the Work.
D. When the Owner concurs that the Work is substantially complete, the
following will occur:
1. AMEC/Engineer will prepare a Certificate of Substantial
Completion accompanied by the Punch List of items to be
completed or corrected, as verified and amended by Sustainability
Manager. Contract responsibilities are not altered by inclusion or
omission of required Work from the punch list.
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2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the
certificate.
E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities
pertaining to substantial completion, complete Work on punch list items
and submit written request to the Owner for final inspection within thirty
(30) calendar days of date of substantial completion.
B. When the Work is complete, the Contractor shall submit written
certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract
Documents.
3. Work has been completed in accordance with the Contract
Documents.
4. Equipment and systems have been tested in the presence of the
Owner's representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status
of completion with reasonable promptness after receipt of such
certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner
that the Work is complete.
3. The Owner will re-inspect the Work.
E. When the Work is acceptable under the Contract Documents as
determined by the Owner, the Owner will request the Contractor to make
close-out submittals. Warranties & Guarantees for everything will begin
at Substantial Completion.
1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
Contractor shall provide two (2) hard copies in tabulated divided binders and one
(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format
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delivered on a downloadable CD/DVD or flash drive of the all the following but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility companies).
1.5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Allowances
c. Deductions for uncorrected Work
d. Deductions for Liquidated Damages
e. Deductions for Re-inspection Payments
f. Other Adjustments
C. The Owner will prepare a final Change Order, reflecting adjustments to
the Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in
accordance with procedures and requirements stated in the Conditions of
the Contract.
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PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1.
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes,
ordinances, regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project
Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or
paint thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health
or property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by
manufacturer on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning
material manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as
possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels,
and other foreign materials from sight-exposed interior and exterior
surfaces.
C. Polish glossy surfaces to a clear shine.
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D. Broom clean exterior paved surfaces; rake clean other surfaces of the
grounds.
E. Prior to final completion, or the Owner occupancy, conduct an inspection
of sight-exposed interior surfaces, exterior surfaces and work areas, to
verify that the entire Work is clean.
F. Clean tunnels and closed off spaces of packing boxes, wood frame
members and other waste materials used in the Construction.
G. Remove temporary labels and stickers from fixtures and equipment. Do
not remove permanent name plates, equipment model numbers and
ratings.
H. Remove from the Site all items installed or used for temporary purposes
during construction.
I. Restore all adjoining areas to their original or specified condition.
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COUNTY, FL
7)'8-32463.)'86)'36((3'91)287
PART 1 - GENERAL
1.1 SUMMARY
A. Contractor shall:
1.Maintain at the job site one copy of:
a. Record Contract Drawings
b. Record Project Manual
c. Coordination drawings
d. Addenda
e. Reviewed shop drawings
f. Change Orders
g. Other modifications to the Contract
h. Field test records
1.2 GENERAL
A. Store documents in cabinets in temporary field office, apart from
documents used for construction.
B. Maintain documents in clean, dry, legible condition.
C. Do not use Project Record Documents for construction purposes.
D. Make documents available for inspection by AMEC/Engineer.
E. Failure to maintain documents up-to-date will be cause for withholding
payments.
F. Obtain from Sustainability Manager (at no charge) two sets of the
Contract Documents for Project Record Documents including:
1. Specifications with all addenda.
2. Two complete sets of black-line prints of all Drawings.
1.3 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
D. Contract Drawings:
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1. Required information may, as an option, be entered on a "working
set" and then at completion of Project transfer the information to
final submitted "Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to
survey data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface
improvements.
c. Location of internal utilities and appurtenances concealed
in construction referenced to visible and accessible
features of structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of
each product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
c. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items
are in most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1" on the centerline of items
shown schematically.
b. Identify each item, for example, "cast iron drain"
"galvanized water".
c. Identify location of each item, for example, "under slab", "in
ceiling plenum", "exposed".
3. AMEC/Engineer may waive requirements of schematic layout
conversion, when in his opinion, it serves no beneficial purpose.
Do not, however, rely on waivers being issued except when
specifically issued by AMEC/Engineer in writing.
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to
AMEC/Engineer prior to request for final payment.
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B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date
2. Project title and Project number
3. The Contractor's name and address
4. Title and number of each record document
5. Certification that each document as submitted is complete and
accurate.
6. Signature of the Contractor, or his authorized representative.
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7)'8-3234)6%8-32%2(1%-28)2%2')(%8%
PART 1 GENERAL - Not Applicable
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PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for the Contractor for
on products and special warranties.
1. Refer to the General Conditions for terms of the Contractor's period for correction of the
Work.
B. Related Sections: Not Applicable
.
C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product
warranties do not relieve the Contractor or the warranty on the Work that incorporates the
products. Manufacturer's disclaimers and limitations on product warranties do not relieve
suppliers, manufacturers, and subcontractors required to countersign special warranties with the
Contractor.
D. Separate Prime Contracts: Each prime contractor is responsible for warranties related
to its own contract.
1.3 DEFINITIONS
A. Standard products warranties are preprinted written warranties published by individual
manufacturers for particular products and are specifically endorsed by the manufacturer to the
Owner.
B. Special warranties are written warranties required by or incorporated in the Contract
Documents, either to extend limits provided by standard warranties or to provide greater rights
for the Owner.
1.4 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting failed or damaged warranted
construction, remove and replace construction that has been damaged as a result of such
failure or must be removed and replaced to provide access for correction of warranted
construction.
B. Reinstatement of Warranty: When Work covered by a warranty has failed and been
corrected by replacement or rebuilding; reinstate the warranty by written endorsement. The
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reinstated warranty shall be equal to the original warranty with an equitable adjustment for
depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty has failed,
replace or rebuild the Work to an acceptable condition complying with requirements of the
Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding
defective Work regardless of whether the Owner has benefited from use of the Work through a
portion of its anticipated useful service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied
warranties and shall not limit the duties, obligations, rights, and remedies otherwise available
under the law. Expressed warranty periods shall not be interpreted as limitations on the time in
which the Owner can enforce such other duties, obligations, rights or remedies.
E. Where the Contract Documents require a special warranty, or similar commitment on the
Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the
Contractor presents evidence that entities required to countersign such commitments are willing
to do so.
1.5 SUBMITTALS
A. Submit written warranties to Sustainability Program Manager prior to the date certified
for
Completion designates a commencement date for warranties other than the date of Substantial
Completion for the Work, or a designated portion of the Work, submit written warranties upon
request of Sustainability Program Manager.
B. When the Contract Documents require the Contractor, or the Contractor and a
subcontractor or supplies manufacturer to execute a special warranty, prepare a written
document that contains appropriate terms and identification, ready for execution by the required
parties. Submit a draft to the Owner, through Project Management, for approval prior to final
execution..
C. Form of Submittal: At Final Completion compile 2 copies of each required warranty
properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or
manufacturer. Organize the warranty documents into an orderly sequence.
D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl-
covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to
receive 8 ½ x 11" (115-by-280-mm) paper.
1. Provide heavy paper dividers with celluloid covered tabs for each separate
warranty. Mark the tab to identify the product or installation. Provide a typed description
of the product or installation, including the name of the product, and the name, address,
and telephone number of the Installer.
2. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES", Project title or name, and name of the Contractor.
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3. When warranted construction requires operation and maintenance manuals,
provide additional copies of each required warranty, as necessary, for inclusion in each
required manual.
4. Provide one complete electronic copy on CD/DVD
5. Warranties will be submitted with the final project closure package
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