Item C22AGENDA ITEM SUMMARY
Meeting Date: April 16, 2014 Division: Public Works/Engineerin
Bulk to Yes X No Departmeo a ement
Staff Contact Person/Phone #: Kevin Wilson X8797
AGENDA ITEM WORDING: Ratification of the contract for emergency repairs at Bayshore Manor
to SeaTech of the Florida Keys, Inc. in the amount of $158,166.00.
ITEM BACKGROUND: Major structural and electrical damage to Bayshore Manor was found after
a termite infested roof beam collapsed and revealed several non -compliant code issues. Immediate
professional evaluations of the electrical and structural damages were reported determining that an
emergency situation was at hand. Monroe County Purchasing Policy and Procedures allow the County
Administrator to contract for the immediate purchase of goods and services without competitive
solicitation and selection. Contracts for these emergency purchases of goods and services must be
ratified after -the -fact by the BOCC at the next practicable meeting.
PREVIOUS RELEVANT BOCC ACTION: N/A
1:0 1 W a of 9 01ii i � 111'!1111! 11,111:1111 11'i 1711, lill!"! 11 U ti 04 W 04 11101
I: It] XTA 31d. 0
q RIM"41 IMP
BUDGETED: Yes X _Tlo
=I
CPOURCE OF FUNDS: Fund 304
No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _
DOCUMENTATION: Included
lJ1J1a01R1WW`
AGENDA ITEM N
Im
CONTRACT SUMMARY
Contract with: SeaTech of the Ft. Keys
Contract #
Effective Date: 03/19/14
Expiration Date:
Contract PurposelDescription:
Emergency repairs to Bayshore Manor approved
by the Coumty Administrator on
Contract Manager- Ann Rijer
X4439 Llrjoect MgmyStop #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 04/16/14
Agenda Deadline: 04/01/14
role) z a 6 "M
Total Dollar Value of Contract: $ 158,166.00 Current Year Portion: $ 158,166
Budgeted? YesZ No [I Account Codes: L04-240 21 UO-560620-CGI406-53U4Q
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $----Jyr For.
Not included in dollar value above) (eg. maintemwce, utififiesjanitorial, salaries. etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed IRRI ewer
Division Director Yeso Noff., - t I
Risk Management YeSE] Noff"
O.M.B./Purchasing Yes[] No(Z
County Attorney YesE] NQ
Comments:
0MR Form Revised 2127/01 MCP #2
MONROE COUNTY
`OARD OF COUNTY COMMISSIONERS
Stipulated Sum
Contract
And General Condons
For
Bayshore Manor Emergency Repairs
iL
BOARD OF COUNTY ;yy
Mayor, Sylvia Murphy, District 5,
Mayor Pro Tern Danny Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
NEU= �2
R011st'.111Mr.�1
of Public Works / Eng. Divisi
Kevin G. Wilson P. E. I
March 17 th 2014
PREPARED BY:
Monroe County Project Management Department
TABLEOF CONTENTS ...................................................................................................... 2
Drug -Free WorkplaceForm .......... .............. ...... -............ ........... ......................................
6
Subcontractor Listing Form ...... ...................... ......... -...... ........... ---...............
............. 7
InsuranceChecklist .......................................... .................. -.............................................
o
Workers' Compensation ............................. -... ___ ... ................ ......................................
n
GeneralLiability ........................................................ -............ --.... .............................
w
VehicleLiability .................... ............ .......... ......... -........................ ...... ..............
......... 0
Miscellaneous Coverages................................... -... .... ___ ......... ___ ... .........................
1O
Agreement..~..-.........---^~~^~^~~~~^~^~~^~~~~~'~~^~~^~~^-~~~~~~~~^-^^^^~`^^-^~~~^^-'^^~^~^~-~~~^~-'~-'~'^^`^~~12
ScopeCfthe Work .................................... -.......... ............................... .......
----... 12
TheContract Documents .................................................................... ........................
-18
TheWork ofthis Contract .................................................... ....................................
...... -1O
Date ofCommencement and Substantial Completion ............. ..........................
......... -16
ContractSum .............. ......................................................................................................
17
ProgressPayments ........................... ...................... .....................................
----... 17
FinalPayment ...................... -........................................ ...... .....................................
... 18
Miscellaneous Provisions ...... ........ .................... ..................... ........................................
19
Termination mrSuspension .......................................................... -..................
...... ...... 24
Enumeration OfContract Documents ........................................... .................
-................. _24
General Conditions of the Contract for Construction ,..,,,~,,__,,,,,,,,,,,,,,___,._,,,,.~,,26
TableofArticles .......................................... ..............................................................
..... --2o
ARTICLE1.............................. ........ ............................................................
......... ......... 27
GENERALPROVISIONS ........ ................................................... ..................
---... -27
ARTICLE2....................................................................................................
-............... 29
OWNER................................................................... _............ ...................
...... ......... 29
ARTICLE3............ ..................... ............................................................. --..................
30
CONTRACTOR..................................................... ...................... -............
...... -..... 3O
ARTICLE4.............. ..................................... ............................ .......................................
35
ADMINISTRATION {]FTHE CONTACT ............................................................
----'35
ARTICLE5...... ..............................................................................................
................... +u
SUBCONTRACTORS....... ........................................................... .......................
........ 4O
ARTICLE8....................................................................................................
-.......... ... 41
CONSTRUCTION BYOWNER [)R BY OTHER CONTRACTORS ............................
... .41
ARTICLET.................... ............................................................. .............................
--42
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ARTICLE8..................... ........... -...... ......... ............. ....... ....... --.....................
-.... 45
TIME........................ ............ -.......... .......... -....... -.... ...... ---.........
-.......... 45
ARTICLE9........................ ......... ................. ................................................. ..................
46
PAYMENTS AND COMPLETION ........................................................... .......
............. 46
ARTICLE1U.........................................................................................................
......... ... 51
PROTECTION OFPERSONS AND PROPERTY ...... ...... ...................... --------�1
ARTICLE11.................................................................................... ....... -......
............ 53
INSURANCEAND BONDS ...................................................... .......... ........ ..........
..... 53
INSURANCE REQUIREMENTS .......................................................................
---.... 55
GENERAL LIABILITY .......................................................... .................... ......
---..... 56
VEHICLE LIABILITY ............................................................................ -------....
57
CONTRACTORS INSURANCE AND INDEMNIFICATION STATEMENT ...... .................
58
INSURANCE REQUIREMENTS .......................................................................
-.... .... 50
ARTICLE12-....................... .................................... ............ ................ -.......
--- ... -60
UNCOVERING AND CORRECTION C}FWORK ................................. --......
............... 60
ARTICLE 13............................................................................... ............... -------'��
MISCELLANEOUS PROVISIONS ......................................... .........................................
02
ARTICLE14.................................................. ......................................... --.......
---'03
TERMINATION OR SUSPENSION [)FTHE CONTRACT ......................... ...
... -...... U3
ARTICLE15....................... ........................................................................................
... 64
PROJECT SAFETY AND HEALTH PLAN ................................................ ------.....
04
ARTICLE18.......... .................................................................................................
--... 78
CONTRACTOR QUALITY CONTROL PLAN .................................. ........ -------��
ARTICLE17............ ................... .............................. ............................... .....................
83
SPECIAL CONDITIONS .......... ................................ ... -................... ....... ......
............ 83
SITESURVEY ..................................................................................................
........... '84
ARTICLE1M... ....................................................... ..................................... ..................
84
SUMMARY OFWORK ................................................................................................
... 84
SCOPEOFWORK ... ....... ........................ ....................................... ..........
... .......... 84
ARTICLE19.............................. .............. ........... ................................ ---..........
-... 89
CONTRACTOR'S USE {]FPREMISES ............ ........................................... ............
... 89
ARTICLE20................................................................................................... --
............. 90
APPLICATION FOR PAYMENT .................................................................... -
......... .... 9O
ARTICLE21................................. .............................................. .............. ..........
---1O2
ALTERNATES................................ .......................................................... --............
1O2
ARTICLE22........... ...................................................... ..................................................
1O3
PROJECT COORDINATION .............................................................................
........... 1OS
ARTICLE23..................... .............. ........................... --...... .............. .....................
1O7
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TO{-3
CUTTINGAND PATCHING ...................................... ........ —.............
................ .... ]07
ARTICLE 24........................................ ............................................................
............... 111
FIELDENGINEERING ................................................ —............................
—....... —'111
ARTICLE25................... .............................................................
........ —.... —... ........... 114
PROJECTMEETINGS .................................................. —..................
....... ................. 114
ARTICLE28........................................................................ ..........
—......... —......... .... 117
SUBMITTALS...................................... .............................. —.............
—................... .117
ARTICLE27............................. .................................. —..... ......
......... ... ____ ..... 121
PROGRESSSCHEDULES ...................................... --...... ......
............................... 21
ARTICLE28................................................................. --..................
............. ....... —123
SCHEDULEC}FVALUES ........................................................
...... ... .......... ........ ]23
ARTICLE29...................................................... ............... ......
............... —................. 125
DAILY (�ONST|�UCT|(]�J��EPORT8-------------------------.
1��
ARTICLE3O...... ........................................................ ........... —........
.......... ----...... 128
REQUEST FOR INFORMATION (RF|) ..------____ .............
.............. ............. 128
F<F|Form ............................................................... —...............
.................... ..... --'128
ARTICLE31................ ...... .......................................... —...... .......
---...................... 13D
QUALITY CONTROL -----............................... ----------......
...... ... 13O
ARTICLE32........................................... ............ ............................
....... ............. ........ 134
TESTING LABORATORY SERVICES ..................... ----..........
.......... ............... —134
ARTICLE 33............................. ............ ........................... ............
---.................... —13�
�
REFERENCE STANDARDS AND DEFINITIONS ................. —............
........ ............. 37
ARTICLE34.......................................... ........................... .......
---........... ____ ... .... 143
TEMPORARYFAC{L[T|ES......................... ......... ...........
---............. ---..... |43
ARTICLE35.................................................................. ____ ...
............ —...... -----145
CONSTRUCTIONAIDS ........................................... ................................................
... 145
ARTICLE36............................................... .......................................
—.............. ....... .... 147
ACCESS ROADS AND PARKING AREAS ................. —.............
... ---.......... .... 147
ARTICLE37........................ ............. ...................... ............... ....................
....... ....... i47
TEMPORARY CONTROLS ................................... ... ... ......
...... ----.............. 47
ARTICLE38...... ................................................................ ......................
—................ 149
FIELDOFFICES AND SHEDS ............................... ____ .................
...... .................... 14D
ARTICLE39............. ..................................... ..............................
............. -----... —15O
CONSTRUCTIONCLEANING ........................................................
......... ............... '15Q
ARTICLE4O... —................................. ..................... ..............
___ ............... ----... i51
MATERIAL AND EQUIPMENT ..................................... ............
...................... ............ 151
ARTICLE41.............................................................. ____ ...........
.................. ... ....... 153
2/25/2014 DRUG FREE WORK PLACE TOC-4
ARTICLE42--... ................................ ............ ................... -.................
-....... ........ 157
PRODUCTHANDLING .... --.......... --...... ............ ................................
............. 57
ARTICLE43...... --------................. .............. ....................
----------15S
CONTRACTCLOSEOUT ..... ......... ...... ............... ......................................................
59
ARTICLE44........ -... .... .... ........ ........ ..... --....... ..........
--........ ..................... 162
FINALCLEANING ........................... ....... ............... -... ....... ..........
........... ............. 163
ARTICLE45................. ........... -------............. ...................
..................... ......... 184
PROJECT RECORD DOCUMENTS ...... -..............................
........... --- ............... 164
ARTICLE46... ................. ......... .............. ......... -..........................
........ -...... 187
OPERATION AND MAINTENANCE DATA. ....................... ....................................
...... 67
ARTICLE47-...... --........ ....... -......... ....... ------........................................
.... 17O
2/25/2014 DRUG FREE WORK PLACE T0C-5
90e]MIRENWOM060
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that-.
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Cont actor's Signature
6- IL/
I=
1... 1: DRUG FREE WORK PLACE
6"M*=* 11 M-roMmmm
Division Subcontractor Contact Person Ph # w/area Fax: Cell: Address
code
2/25/2014 DRUG FREE WORK PLACE TOC-7
7-.T-,%TiMw, Mom ;ZM, I LIFR.Fffl�l I �1119-5[14=01 . .4 -
I , . 0 of 0 1 1 .
I
MONROE • FLORIDA
Insurance Checklist
•
IN644"
AND
EIVIPLQYERS�'LIABILIT
A
Bodily Injury by
AccidentlBodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
Employers Liability
$100,000/$500,000/$100,000
Employers Liability
$500,000/$500,000/$500,000
Employers Liability
$1,000,000/$1,000,000/$ 1, 000, 000
US Longshoremen &
Same as Employers'
Harbor Workers Act
Liability
Federal Jones Act
Same as Employers'
Liability
2/25/2014 INSURANCE CHECK LIST -8
RM 511W111IM MILL
General Liability
Premises Operations - Products and Completed Operations
Blanket Contractual a Personal Injury
Expanded Definition
of Property Damage
GI-1 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
GI-2 X $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
GI-3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GI-4 $5,000,000 Combined Single Limit
GLXCLI Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
2/25/2014 INSURANCE CHECK LIST -9
Vehicle Liability
A-s a 9f.
Required Limits:
VL1
M
M
AM,
rrlrejrm��
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VL1 should be limited to special projects that
involve
other governmental entities or "Not for Profit" organizations.
Risk Management must approve the use of this form).
$200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person-, $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
BR1
Builders'
Limits equal to the
Risk
completed project.
IVIVC
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment.
PRO1
Professional
$ 300,000 per Occurrence/$
500,000Agg.
PR02
Liability
$ 500,000 per Occurrence/$ 1,000, 000
Ag
PR0g.
3
$1,000,000 per Occurrence/$2,000,000
Agg.
POL1
Pollution
$ 500,000 per Occurrence/$1,000,000
Ag
POLg-2
Liability
$1,000,000 per Occurrence/$2,000,000
Ag
POLg.
3
$5,000,000 per Occurrence/$10,000,000
M
ED1 Employee $ 10,000
2/25/2014 INSURANCE CHECK LIST -10
1I
WM
ME
N1110"j,
HKL1
H KL2
H KL3
Dishonesty
$100,000
Garage
$ 300,000 ($ 25,000 per Veh)
Keepers
500,000 ($100,000 per Veh)
1,000,000 ($250,000 per Veh)
Medical
300,000/$ 750,000 Agg.
Professional
500,000/$ 1,000,000 Agg,
1,000,000/$ 3,000,000 Agg.
$5,000,000/$10,000,000 Agg.
Installation
Maximum Value of Equipment
Floater
Installed
Hazardous
$ 300,000 (Requires MCS-90)
Cargo
$ 500,000 (Requires MCS-90)
Transporter
$1,000,000 (Requires MCS-90)
Bailee Liab.
Maximum Value of County Property that
will be in the Bailee's posession.
Hangarkeepers
$ 300,000
Liability
$ 500,000
$ 1,000,000
Aircraft
$ 1,000,000
Liability
5,000,000
50,000,000
Architects Errors
300,000 per Occurrence/$ 500,000
& Omissions
$ 500,000 per Occurrence/$1,000,000
$ 1,000,000 per Occurrence/$3,000,000
Engineers Errors $ 300,000 per Occurrence/$ 500,000
Omissions $ 500,000 per * - - t00 00
1,000,000 per • - - 00 0I+rF
2/25/2014 INSURANCE CHECK LIST -11
Agreement
Between Owner and Contractol
F-ATel 00240 LTI IA 011
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
SeaTechinc.
PO Box 420529
I 11��Ii 11, 0 . - 1 0 .
ILOIU�1111115'111!11 11111111111
Scope of the Work
1 Project Overview
A) Emergency Demolition and replacement of screen porches, repairs of Electrical, Plumbing,
Mechanical, Suspended ceiling, Fire Suppression at the Bayshore Manor assisted living facility.
• MEM♦= �
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.
1 . Electrical Scope:
1. 1. Provided open splice/grounding/support repairs at all recessed lights throughout
facility
1.2. Repair/replace lights and disconnects at storage closets, admin, and kitchen
1.3. Provide code compliant GFIC at all kitchen receptacles
3/17/2014 AGREEMENT -12
1.4. Replace all kitchen wired with NIVI to code compliant
1.5. Provide shunt trip to oven
1.6. Repair lights at linen, storage closet
1.7. Provide new and replace laundry equipment disconnects
1.8. Provide code compliant GFIC at all exterior receptacle locations
1.9. Properly secure all low voltage wiring independent of other systems
11.10Properly install new intersystem bonding system ground at service main
1.11 Properly install IT ground
1.12. Properly install new ground rod at main service entry #2
1.13. Install 100 amp 3-phase disconnect at ATS to feed AC panel
1.14- Install new conduit, wire from ATS to AC panel
1.15. Remove aerial service drop, riser and meter from service #2
1.16. Provide new code compliant ground for service meter #3
1.17. Remove aerial service drop, riser and meter from service #3
1.18. Provide new 3-phase 200 amp main enclosed circuit breaker at ATS location
1.19. Provide conduit, wiring for new service feed from ATS to service can #3
1.20. Repair/replace all improperly wired junction boxes
1.21. Provide weather proof covers for all exterior electrical receps and j-boxes
1.22. Replace all exterior emergency Exit signage with code compliant wet/damp ratei
fixtures
1.23. Replace all lens covers for reassessed lighting to match
Replace all NIVI Rom'ex above drop ceiling to code compliant
1.25. Replace all NIM Romex at nurse call stations to code compliant
1.26. Remove all abandoned electrical fixtures
1.27. Replace improperly wired disconnect at back storage closet code compliant
1.28. Provide new electrical at all exterior porches
3. Landscape
3-1- Remove stump to 6" below grade at west exterior
4. Plumbing
4.1. Provide code compliant hurricane pedestal/hold downs for propane tank
4.2. Relocate propane tank to code compliant distances from all windows, structure,
electrical service ect.
4.3. Remove all obsolete gas piping at kitchen and exterior
4.4. Replace interior flex pipe with properly secured code compliant gas pipe
4.5. Properly vent interior 2" PVC plumbing thru roof at storage closet
4.6. Repair/replace 2" cleanout at north side exterior above grade only
5. HVAC
5.1. Replace all interior ceiling grills with new
Replace wall registers with new
5.3. Repair "Cut" in attic flex AC duct
& Fire Suppression
6.1. Repair/replace Demo all exterior porch suppression pipe replace with new
3/17/2014 AGREEMENT -13
7.1. Replace all Ceiling tiles with similar
7.2. Replace all damaged grid assembly as necessary
7.3. Replace all recessed light lens with matching
7.4. Replace all vent grills with matching
7.5. Provide protection of furniture, personal items and clean uA,
7.6. Coordinate with staff to minimize impact on residents
8. Exterior Porches
8.1.1, Demo all existing exterior wood screen porches to include fire suppression,
electrical, plumbing, storage closets, alarm ect.
8.1.2. Replace exterior screen porches with aluminum frame to match (contractor to
provide shop drawing, engineering and submittals)
8.1.3. Provide code compliant, alarm, exit signage, fire suppression ect.
8.1.4. Provide new steel frame with weather resistant siding storage closets at each
porch
8.1 5. Provide exterior wall paint at porches
8.1 6. Provide exterior floor sealer at porches
8.1 7. Repair stucco cracking at west side interior/exterior wall
8.1.8. Provide all permits, fees, testing, shop drawings, engineering, dumpster, port
pot as required for the job. I
3 General Requirements
A) Contractor is required to provide protection for all existing surfaces. To include but
not limited to-
1. Existing doors/passages
2. Interior/Exterior Walls
3.
Personal Items
4.
Windows
5.
Flooring
6.
Vehicles
7. Landscaping
B) The contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and local Laws.
C) Provide a dumpster, containment bin or similar device for the collection and
containment of construction generated debris.
D) Load, haul and properly dispose of construction debris.
E) Provide and maintain appropriate (OSHA required) construction warning signs.
F) Furnish all required work site safety equipment.
G) Furnish and maintain on -site MSDS sheets for all materials used in the constructio
H) Construction work times shall be limited to:
7:00 AM to 5:00 PM Mon -Fri
1) All materials shall be approved by submittal prior to commencement of work
J) Provide all Permits necessary to complete the scope of work
K) Contractor shall provide a "Lump sum price" With open book pricing policy
Q Contractor needs to be aware of weather and location and plan accordingly.
M) Contractor needs to be aware of the facility, its residents, and staff with unusual
schedules and plan accordingly. Coordination of each days works shall be done in
3/17/2014 AGREEMENT -14
advance with approval from County. All spaces interior and exterior shall be cleaned
and returned to normal as much as is practical and reasonable each day.
N) The Scope of Work shall include, but not be limited to, all work shown and listed in
the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid 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.
The contractor will be responsible to obtain all additional necessary permits and
approvals for the demolition and construction of Bayshore Manor Emergency repairs
including the City of Key West, Monroe County Growth Management, Monroe County
Engineering Department, FDOT, or other agencies, as applicable.
The contractor will be responsible to obtain all additional necessary permits and
approvals for the demolition and construction of Bayshore Manor Emergency repairs
including the City of Key West, Monroe County Growth Management, Monroe County
Engineering Department, FDOT, or other agencies, as applicable.
�4 M X61 • • •
The following Special Provisions are intended to clarify the scope of work, c
highlight features of the work, or modify, change, add to, or delete from the Gener-,
Scope of this Proposal Package.
1 . All licenses required in order to perform the scope of work in the specifie
location, shall be procured and maintained by the contractor and his subcontracton
Contractor shall submit copies to Project Management prior to notice to procee(
Contractor's license shall accompany proposal.
2. Provide, replace, and maintain any safety rails and barricades as necessat
during the process of work, or during deliveries of materials or equipment.
3. Contractor is to review General Conditions for additional responsibilities require
in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of th
proposal documents, technical specifications, or drawings, the most stringent conditic
shall be proposed and constructed. Notify Project Management in any event, in order i
not compromise the Owner's right to make appropriate decisions.
5. NOT USED
6. This Contractor shall not store materials inside the building. Contractor shc,
provide suitable storage container, and be responsible for disposal off -site of all debr
and trash.
3/17/2014 AGREEMENT -15
9 M ITA MEM M-
The Architect is:
OEM N M-MIRI,
1100 Simonton Street
iecond Floor -Room 2-216
Key West, Florida, 33040
M
ARTICLE 1
The Contract Documents
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 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.
F-MURM,
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
1"t CW.P--k-s' U•- •• r *4g#k6=-, # r
as follows: Removal of owner/resident Personal Items from the Job Site during
construction
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
211 approved extensions in time as set forth by the Director of Project Management's signature
*f approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
3/17/2014 AGREEMENT -16
The Contractor's recoverV
of damacles
and sole remedy for any
delay caused lby the
Owner shall be an extension of time on the Contract.
4e. 1 The owner shall pay the Contractor in current funds for the Contractor's performance of
t4e Contract the Contract Sum of:
ONE HUNDRED AND FIFTY EIGHT THOUSAND ONE HUNDRED AND SIXTY SIX
DOLLARS AND 00/100
Dollars ($158,166.00), subject to additions and deductions as provided in the Contract
42 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
WM
(Cost inwords)
Dollars
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architectli 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
-- 3/17/2014 AGREEMENT -17
I I.YAV
&J FAI J9
, , [01 :1:4
III flar-141INN cei 11110-111MON IIIIH loll, OLIN
Management, snali oe useu as a DaMs Tor rev
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 with 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 Director of
Project Management. When both additions and credits covering related Work or substitutions
are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management 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:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
92ME&=1
3/17/2014 AGREEMENT -18
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
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
Rnother Contract Document, the reference refers to that provision as amended or supplemente4
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 NOT USED.
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
a aublic buildiniF or yublic work may not submit �aqosals 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,
I H
vendor list.
a) Contractor shall maintain all books, records, and documents directly pertinent
performance under this Agreement in accordance with generally accepted accounting principl
consistently applied. Each party to this Agreement or their authorized representatives sh
have reasonable and timely access to such records of each other party to this Agreement f
public records purposes during the term of the Agreement and for four years following t
termination of this Agreement. If an auditor employed by the County or Clerk determines th
monies paid to Contractor pursuant to this Agreement were spent for purposes not authoriz
by this Agreement, the Contractor shall repay the monies together with interest calculat
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
governed by and construed in accordance with the laws of the State of Florida applicable
contracts made and to be performed entirely in the State. In the event that any cause of acti
--
the County and Contractor agree that venue shall lie in the appropriate court or before t
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to tri-.
3/17/2014 AGREEMENT -19
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term • this Agreement • or between any • them the issue shall • submitted '•
mediation prior to the institution of any other .• or legal proceeding, • to
Section XVI • this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
�Lt
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.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and • costs as an award against the non -prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the •- of the County and Contractor and their respective legal
representatives, successors, and •
f) Authority. Each party `• and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
=95 e_x-�_ction as required bo law. Each Xad�YA a rees that it has had am��!�cportuniffA to
q
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise 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 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 • the •. then any • shall have the right to seek such relief • 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
and •i 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.
3/17/2014 AGREEMENT -20
m- W
violation oftne provision, ine Uonfractor agrees atin
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 •
3/17/2014 AGREEMENT -21
(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
ihat 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. 286.28, 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 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) `•e` and Immunities. All • the privileges and immunities from .•
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
this Agreement within the territorial limits of the County,shall apply to the same degree and
extent to the performance • such • • duties • such officers, agents, volunteers, •
employees outside the territorial limits • 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
Irle eXtU111 • acuai d11U LIMUFY Ptj11U1111d11L;U U1C1eAJ_*-"JJ_jL,
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.
3/17/2014 AGREEMENT -22
0456141r r r�
s) Aftestations. 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 • deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that
he shall indemnify and hold the COUNTY and the COUNTY'S elected and appointed officers
and employees harmless from liabilities, damages, losses and costs, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
contractor, including sub Contractor(s) in any tier, in the performance of the construction
contract. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that • during the • 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 Consultant's failure to purchase or maintain the required
insurance, 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 Consultant, the
Consultant agrees and warrants that the Consultant shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
County's behalf.
The first ten dollars ($10.00) • remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience • reference • 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 r• of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance • • 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 that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
3/17/2014 AGREEMENT -23
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this •
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any •
all • the work in this project to any third party, the Contractor •- agrees to • the
COUNTY as an additional insured • all insurance policies required • the • 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.
MUM=
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (Insert information here).
a) Drawings: N/A
b) Project Manual: NIA
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: N/A
9.1.6 The Addenda, if any, are as follows:
Number Date Page
9.1.7 The Alternates, if any, are as follows:
Alternate No. 1: N/A
END ALTERNATES
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor.
3/1712014 AGREEMENT -24
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
OF MONROE COUNTY RIDA
By:
By
Deputy Clerk
Mayor/Chairman C/
Date
(SEAL)
CONTRACTOR
Attest:
By:
By'
Print Name
Print name: ��
Title:
Title:
Date:
Date:
And:
By --
Print Name:
Title:
Date:
STATE OF FLORIDA
COUNTY OF 117~15;' 1
On this I—r— day of '', 2❑ efore me the undersigned notary public,
Personally appeared known to me to be the
Person whose name is subscribed above or who produced
As identification, and acknowledged that he/she is the person who executed the
ab ve contract with Monroe County for the Marathon Airport Customs Terminal.
for e purposes
poses there' p contained
t'ary Public
Print Name
My commission expires: _4_1111��
q9MY COMMISSION # EE12105.4
EXPIRES August 111. 2015
km re 11 W t "it n^41�j VA
3/17/2014 AGREEMENT -25
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
I -wr 4151mim
1. GENERAL PROVISIONS
2. OWNER
3. CONTRACTOR
4. ADMINISTRATION OF THE CONTRACT
5. SUBCONTRACTORS
6. CONSTRUCTION BY OWNER
7. CHANGES IN THE WORK
8. TIME
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND PROPERTY
It INSURANCE AND BONDS
12. UNCOVERING AND CORRECTION OF WORK
13, MISCELLANOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE CONTRACT
15. PROJECT SAFETY
16. QUALITY CONTROL
17. SPECIAL CONDITIONS
18. SUMMARY OF THE WORK
19. CONTRACTORS USE OF PREMISES
20. APPLICATION FOR PAYMENT
21. ALTERNATES
22. PROJECT COORDINATION
23. CUTTING AND PATCHING
24. FIELD ENGINEERING
25. PROJECT MEETINGS
26. SUBMITTALS
27. PROGRESS SCHEDULES
28. SCHEDULE OF VALUES
29. DAILY CONSTRUCTION REPORT
30. REQUEST FOR INFORMATION
31. QUALITY CONTROL
32. TESTING
33. REFERENCE STANDARDS
34. TEMPORARY FACILITIES
35. CONSTRUCTION AIDS
36. PARKING AND ACCESS
37. TEMPORARY CONTROLS
38. FIELD OFFICES AND SHEDS
39. CONSTRUCTION CLEANING
40. MATERIAL AND EQUIPMENT
41. POST -CONTRACT SUBSTITUTIONS
42. PRODUCT HANDLING
43. CONTRACT CLOSEOUT
44. FINAL CLEANING
45. PROJECT RECORD DOCUMENTS
46. OPERATIONS AND MAINTENANCE DATA
47. WARRANTIES
3/17/2014 GENERAL CONDITIONS -26
3/17/2014 GENERAL CONDITIONS -27
■
complementary, and what is required by one shall be as binding as if required by all;
Documents and reasonably inferable from them as being necessary to produce the intended
results.
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
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of 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 Project Management at a fee of $5.00 per page for full size drawings (25 per page for
written specifications or 11 "x 17 drawings).
• 7=-$"l H- - - I . . 0 * A a -
IMMU1 - 9 1 .
11161 -___ -Im iF M r
MEMO= �
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
3/17/2014 GENERAL CONDITIONS -28
wzu�
OWNER
2.1 Definition
2. 1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fe
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner wit
reasonable promptness to avoid delay in orderly progress of the Work. I
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 Project
Management and may contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Pr lo-ttrac or �-_&ticle 9 (Pavments and Comr)letion) and Article 11 (Insurance and Bonds).
the Owner o stop the f1ork shall not give rise to a auty on tne par=RU-*1FneT-M-e;k
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
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
3/17/2014 GENERAL CONDITIONS -29
tue the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
Vifference to the Owner. In the event of clean-up issues, Owner has right to provide a minimurr
#f 24 hours notice. In the event of safety issues determined to be of a serious nature, as
tetermined by Project Management, notice will be given, and contractor is required to rectify
!teficiency immediately.
3/17/2014 GENERAL CONDITIONS -30
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
irder to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
�%ermanent and whether or not incoriorated orto
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4,3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Project Management, the Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
----------- �31
3/1�2O14 GENERAL CONDITIONS -
I -IfTY&I M L910:11111 8 F.11 04 15% -A:1
3.7.1 The Contractor shall secure and Pay for all permits, impact fees, governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or
Utility 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. The Contractor will be responsible for all building permit
costs or impact fees required for this project. The Contractor shall secure and pay for all
building and specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
retulations. However if the Contractor observes that stortions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project Management, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management, Architect
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Project Management and shall not be changed except
with the consent of Project Management, unless the superintendent proves to be unsatisfactory
to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals as required by the conditions
aWrd Fl?#�dct7ahag cc-p
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Project Management's approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Project Management will schedule and conduct a project meeting at a minimum of one
meeting per month in each month which the Contractor shall attend. At this meeting, the
parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
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MAN
IF
It
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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 Project Management approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Project
Management and Architect in writing of such deviation at the time of submittal and Project
Management have given written approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
similar submittals by Project Management's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3/17/2014 GENERAL CONDITIONS -33
3.12.10 Informational submittals upon which Project Management 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, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
required. The Contractor shall not unreasonably withhold from Project Management 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.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
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3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to
ihe Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason t#
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect and Project Management.
3.18 Indemnification and Hold Harmless
3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY
and the COUNTY'S elected and appointed officers and employees harmless from liabilities,
damages, losses and costs, recklessness, or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the contractor, including sub-Contractor(s) in any tier, in
the performance of the construction contract. 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 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
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect/Engineer
4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice
arch itecture/eng ineering or any entity lawfully practicing architecture/engineering identified as
such in the Agreement and is referred to throughout the Contract Documents as if singular in
number. The term "Architect" means the Architect or the Architect's authorized representative
T.Y. Lin International/H.J. Ross on this project.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Project
3117/2014 GENERAL CONDITIONS -35
I 1-TTAY&OUL61 W111111 LTA FTA 01 Lei oka:q
Management" means Monroe County Project Management Department or Project
Management's authorized representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent shall noi
be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6.1 Project Management and Engineer will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Project Management and
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 Project Management and Engineer will determine in general that the Work is being
inTormed OT ine progress OT ine Tium, 5110 nin tMOM7,51 1E) Y'Ra[U LHU
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Project Management and the Owner until subsequently revised.
4.6.5 Project Management will visit the site at intervals appropriate to the stage of constructior
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, Project Management
will not be required to make exhaustive or continuous onsite inspections to check quality or
quantity of the Work. On the basis of on -site observations as an architect, Project Management
will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the work.
3/17/2014 GENERAL CONDITIONS -36
3/17/2014 GENERAL CONDITIONS -37
to furnish such interpretaiions until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Project Management 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, Project Management will endeavor
to secure faithful performance by it 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 Project Management's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is 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
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the
claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute
or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 16 th Judicial Circuit, Monroe County, Florida.
3/17/2014 GENERAL CONDITIONS -38
4,73 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
4,.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
Irorn 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. Project Management will promptly investigate such conditions, and the parties will
follow the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from Project Management, (2) a
written order for a minor change in the Work issued by Project Management, (3) failure of
payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or
�,6�, other reasonable rounds Claim shall be filed in accordance with the procedure established
4.7.8. 1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, writter
notice of such injury or damage, whether or not insured, shall be given to the other party within
3/17/2014 GENERAL CONDITIONS -39
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.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5. 1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout tN�
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub -
subcontractor or an authorized representative of the Sub -subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
3/17/2014 GENERAL CONDITIONS -40
upon written request ofthe Subcontractor, identify tothe Subcontractor terms and conditions Of
the proposed subcontract agreement which may be at variance with the Contract Documents.
Subcontractors shall similarly make copies of applicable portions of such documents available
to their respective proposed Sub -subcontractors.
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract bvthe Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts bynotifying the Subcontractor inwriting; 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
Subcontractor's compensation shall be equitably adjusted.
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right tmPerform Construction with Own Forces and to Award Other
Contracts
8.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to 8vvand other
contracts inconnection with other portions ofthe Project orotharoOnstru[tionnruperGtiOneon
the site under Conditions of the Contract identical or substantially similar to these including
those portions related toinsurance and waiver orsubrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by ProjectN1anagennant.
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 Onthe site. The Owner and Project K8eAGgennentaha||behe|dharno|eaSfOr
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
0.2.1 The Contractor shall afford the Owner's own forces, Project ManagennentandOther
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance oftheir activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.22 If part ofthe Contractor's Work depends for proper execution Orresults upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior toproceeding with that portion ofthe Work, promptly report toProject K0anaQenlentany
apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure Qfthe Contractor ootoreport shall constitute an
acknowledgment that the Owner's Ovvn forces or other contractors' completed or partially
3/17/2014 GENERAL CONDITIONS -41
completed construction is fit and proper to receive the Contractor's Work, except as to defects
not then reasonably discoverable.
1.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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 cuffing 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 Project Management 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
coxiV����,f -4--kA We ttkiz; W� the *srA4ctrt,**
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 Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
InEw TW .. w�,*6r* fivw*-). �te - *amr-xAirAise-resultiryc from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management determines to
be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
invalidating the Contract, by uhangF #071 77�-,Tmrcurvan unange AlreCEIVtj Ul ulutil lu
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
3/17/2014 GENERAL CONDITIONS -42
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management and Contractor; a Construction Change Directive require agreement by the
Owner, Project Management and may or may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by Project Management alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management and Contractor stating their agreement upon all of the
following:
qm���M . . 0
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 determin
in one or more of the following methods: i
.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, a
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; I
3/17/2014 GENERAL CONDITIONS -43
accordance with subparagraph 7.2.4. Pending final determination ofcost, payments on account
shall bemade aadetermined bvProject W1anegernerd. The amount ofcredit toboallowed bv
the Contractor for any deletion Qrchange, which results |nanet decrease inthe Contract Sum,
will be the amount Ofthe actual net cost tothe Owner aaconfirmed byProject Management.
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 OOthe basis ofthe net increase,
ifany with respect tothat change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such aaPublic Liability and Workmen's Compensation Insurance. Nopercentage for
overhead and profit shall be allowed onitems ofSocial Security and Sales Tax. If deductions
are ordered the amount mfcredit shall benet cost 10Owner asdefined in aeCtiOn5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, dGrhe, vxGtohnnen. 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 |nthe Contract Documents) shall becomputed osfollows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
2 if the Subcontractor performs the actual Work, the subcontractors percentage mark
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(596);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall he amaximum addition often percent (1O96)onhis direct Work only. |f
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be amaximum addition mften percent (1O96)onhis direct Work only.
7.2.5 The Contractor shall furnish tothe Owner through Project Mmn8gennent.aniberniz8d
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested byProject 01an@gemnen1SuChes
certified quotations orinvoices shall beprovided bythe Contractor toProject N1@n8gernentatno
additional cost tothe Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project K8anogennent, by
drawings Orotherwise, involve extra Work not covered bvthe Contract, heshall give Project
Management written notice thereof within five (5)days after the receipt ofsuch 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 toProject K8anage[nentfOrtheEx1r@VVorkSha||inc|uUe8C0[np|ete
description of the extra VVOrh, the total cost and a detailed Coot breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups oh@|| be |innibsd
as specified elsewhere inthis Article.
.2 Except as otherwise specifically provided, no C|@irn for additional cost shall be
allowed unless the complete notice specified bvthis subparagraph isgiven bythe Contractor.
7.2.7 Unless otherwise oDrm8d in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
3/17/2014 GENERAL CONDITIONS -44
jk W-
ghall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
taily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.3 Authority
7.3.1 Project Management 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 Project Management and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
ul;A11"14 -
HIM
10 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1 .3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Arch itect/Eng i neer, 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
authorized by the Owner, Project Management, or by any other cause which Project
Management determines may justify the delay, then the Contract Time shall be extended by no
cost Change Order for such reasonable time as Project Management may determine, in
accordance with subparagraph 6.2.7.
3/17/2014 GENERAL CONDITIONS -45
ITAY&I am [01:0111111iTIF.Al ilk Lei 16=1
8.3.2 Any claim for extension of time shall be made in writing to Project Management 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.
1.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
21lowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
MIME
ARTICLE 9
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9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
Project Management, 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 Project Management
may require. This schedule, unless objected to by Project Management, shall be used as a
basis for reviewing the Contractor's Applications for Payment.
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to Project Management an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the Contractor's right to payment as the Owner or Project
Management 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.
3/17/2014 GENERAL CONDITIONS -46
ITTIVI &I no [*I V 2 1 LTA FM ON I*] Oka : I
.2 Such applications may not include requests for payment of amounts the Contractor
i•- not intend I• •. to a Subcontractor • material supplier because • a dispute or other
reason.
&.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
• Payment • materials and equipment stored • or • the site shall •- conditioned ••
compliance by the Contractor with procedures satisfactory to the Owner to establish the
• title to such materials and equipment or otherwise •• the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored • 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
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
C#,i�� Qr Qther -.cersons 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.
rems ME 111 111� 0
and certify the amounts due on such applications.
9.4.2 After the Project Management's receipt of the Project Application for Payment, Project
Management will either approve the Application for Payment, with a copy to the Contractor, for
such amount as Project Management determine is properly due, or notify the Contractor in
writing of Project Management's reasons for withholding approval in whole or in part as provided
in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
data comprising the Application for Payment submitted by the Contractor, that the Work has
progressed to the point indicated and that, to the best of Project Management's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by Project Management. The issuance of a separate
Approval for Payment will further constitute a representation that the Contractor is entitled to
payment in the amount approved. However, the issuance of a separate Approval for Payment
will not be a representation that Project Management has (1) made exhaustive or continuous
3/17/2014 GENERAL CONDITIONS -47
on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) made examination to
t '16 if
the Contract Sum.
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9.5.1 Project Management may decline to approve an Application for Payment if, in his
opinion, the application is not adequately supported. If the Contractor and Project Management
cannot agree on a revised amount, Project Management shall process the Application for the
amount it deems appropriate. Project Management 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
QU714V�1�- �4 ItRWA2'g�;*+ 51CVjV
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 Project Management.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6.1 After Project Management 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 Project Management. 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 Project Management to be a part of the final quantity for the item of Work in
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
3/17/2014 GENERAL CONDITIONS -49,
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 Project Management 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 Project Management on account of portions of the Work
done by such Subcontractor.
9.6.4 Neither the Owner nor Proiect Manaciement 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
11U0UKe.T;(4),24*r05#j 2- ht of the Owner
or Project Management 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
iira eaV a��ta r 2LY.2t%�2�9,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub -subcontractors in a similar manner.
9.8.1 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 Project Management
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, Project Management will make an
inspection to determine whether the Work or designated portion thereof is substantially
complete. If the inspection discloses any item, whether or not included on the list, which is not
in accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by Project Management. The Contractor shall then submit a request for another
inspection by Project Management, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, Project Management 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
3/17/2014 GENERAL CONDITIONS -49
Certificate. Warranties required by the Contract Documents shall commence on the date of
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assignef
to the -it 4 such Certificate.
.S.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall make
payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided
in the Contract Documents.
9.9.1 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
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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 Project Management 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 Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management 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 ths
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
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9. 10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project Management a final Contractor's Application for Payment. Upon receipt, Project
Management will promptly make such inspection. When Project Management, finds the Work
acceptable under the Contract Documents and the Contract fully performed, Project
Management will promptly issue a final Approval for Payment stating that to the best of their
knowledge, information and belief, and on the basis of their observations and inspections, the
Work has been completed in accordance with terms and conditions of the Contract Documents
and that the entire balance found to be due the Contractor and noted in said final Approval is
due and payable. Project Management's final Approval for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's
being entitled to final payment have been fulfilled.
3/17/2014 GENERAL CONDITIONS -50
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner's property might be responsible or encumbered (less amounts withheld by Owner) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is made, is currently in effect and will
not be canceled or allowed to expire until at least 30 days' prior written notice has been given to
the Owner, (3) a written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract Documents, (4)
consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
liens, claims, security interests or encumbrances arising out of the Contract. 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) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
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9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project
Management that the subcontractors and materialmen have been paid is for the protection and
convenience of the Owner only. Unpaid subcontractors and materialmen may only seek
payment from the Contractor and the surety that provided the Contractor's Public Construction
Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
l=t41111
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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 and Project Management 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
3/17/2014 GENERAL CONDITIONS -51
(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 Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph
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 and Project Management 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 and Project Management 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 or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.2 the Work and materials and equipment to be incorporated therein, whether in storagc
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
11 1111 111111111 111 11111 111 111��!111 111111
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
A,UM1kX W#Jr.f*&;i&7t;_t;qo,,uards for safetIII and -,trotection incl ' ' Ing
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
Intractor shall exercise utrrI
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
3/17/2014 GENERAL CONDITIONS -52
of them, or y anyone or w ose a s any o em may e 65
or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph
10.2.6 The Contractor shall designate a responsible •- • the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
•-
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
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.
I -
I I 1! 151101911 "If 11 i0l
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 specifie1V
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 anf
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except I• the Contractor's failure to provide satisfactory evidence • insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
•' and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence • insurance.
11. 1.4 The Contractor shall provide, to the County in care of Project Management as
P.atisfactory evidence of the required insurance, either:
3/17/2014 GENERAL CONDITIONS -53
Certificate of Insurance
lem
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.
i MVA K] W I WS
W_
.s given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
3/17/2014 GENERAL CONDITIONS -54
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Bayshore Manor Emergency Repairs
BETWEEN
MONROE COUNTY, FLORID
AND 11
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
111111111111
Premises Operations Products and Completed Operations
Blanket Contractual Personal Injury
Expanded Definition
V Property Damage
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease or Accident Policy Limits
$500,000 Bodily Injury by Disease each Employee
Coverage shall be maintained throughout the entire term of the contrall
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self -insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
UZW
3/17/2014 GENERAL CONDITIONS -55
I = LTA F.11 0 1*] 10=1
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Bayshore Manor Emergency Repairs
BETWEEN
MONROE COUNTY, FLORID
AND I
SeaTechlnc.
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damag,t
M44111 M.61MROM
Is see a
is off 9
to 111 0
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
3/1712014 GENERAL CONDITIONS -56
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Bayshore Manor Emergency Repairs
BETWEEN
MONROE COUNTY, FLORID
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
If split limits are provided, the minimum limits acceptable shall b&
The Monroe County Board of County Commissioners shall be named as Addition-'W
Insured on all policies issued to satisfy the above requirements. i
3/17/2014 GENERAL CONDITIONS -57
CONTRACTORS INSURANCE AND INDEMNIFICATION STATEMEJ
INSURANCE REQUIREMENTS
SHMEMft Ile I — 0 Is 0- 1 . 0
I R1110114ILTMIRMIRNI oil 11WT
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
XCU (explosion, collapse, and underground)
Statutory Limits
$500,000 Bodily Injury by Accident
$500,000 Bodily injury by Disease Policy Limits
1500,000 Bodily Iniur Disease, each employee
_y by
Vehicle Liability (Owned, non -owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$ 200,000 per Person
$ 300,000 per Occurrence
$ 200,000 Property Damage
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the
COUNTY'S elected and appointed officers and employees harmless from liabilities, damages,
losses and costs, recklessness, or intentional wrongful misconduct of the Contractor and
persons employed or utilized by the contractor, including sub-Contractor(s) in any tier, in the
performance of the construction contract. Insofar as the claims, actions, causes of action,
gation, 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 Consultant's failure to purchase or maintain the required
insurance, 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 Consultant, the
Consultant agrees and warrants that the Consultant shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on thz�
County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above. .
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
3/17/2014 GENERAL CONDITIONS -58
I understand the insurance is mandatory and will comply in full with all the requirements. I fully
accept the indemnification and hold harmless as set out on page 00110-12 of this contract.
L&C,�5ti (em-
CONTRACTOR Sig"naturet
I have reviewed the above requirements with the contractor named above. The followin!
deductibles apply to the corresponding policy.
Liability policies are Occurrence
Insurance Agency
Claims Made
Signature
3/17/2014 GENERAL CONDITIONS -59
X�111 ki Fill
11.2.1 The Owner shall NOT require the contractor to furnish Builder's Risk insurance in an
amount equal to the contract cost.
11.3 Public Construction and
11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of
this Contract.
ARTICLE 12
12.1.1 If a portion of the Work is covered contrary to Project Management's request or to
requirements specifically expressed in the Contract Documents, it must, if required in writing by
Project Management, be uncovered for their observation and be replaced at the Contractor's
expense without change in the Contract Time.
12.1.2 if a portion of the Work has been covered which Project Management has not
specifically requested to observe prior to its being covered, Project Management may request t#
see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with
the Contract Documents, costs of uncovering and replacement shall, by appropriate Change
Order, be charged to the Owner, if such Work is not in accordance with the Contract
Documents, the Contractor shall pay such costs unless the condition was caused by the Owner
or one of the other Contractors in which event the Owner shall be responsible for payment of
such costs.
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to
conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear costs of correcting such rejected Work, including additional testing and inspections
and compensation for Project Management's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from —
3/17/2014 GENERAL CONDITIONS -60
Project Management, the Owner may remove it and store the salvable materials or equipment
at the Contractor's expense. If the Contractor does not pay costs of such removal and storage
within ten days after written notice, the Owner may upon ten additional days' written notice sell
such materials and equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor,
including compensation for Project Management's services and expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Contractor should have borne,
the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the
the
Contractor are i to cover such amount, i M p pay the difference !
Owner.
Contract12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements
the Documents.
12.2.6 Nothing contained in this Paragraphbe construed to establish w period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents..! of - time period if one -w as described in Subparagraph
relates only i the specificobligation of i ! to correct the Work,and has is
relationship to the time within which the obligation to comply with the Contract Documents may
be i p T to be enforced, i; i the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically i correct the Work.
Contract12.3.1 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 #- -p `♦ as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
3/17/2014 GENERAL CONDITIONS -61
W 0 W
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claimti
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds
.-iimself, 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 Project Management.
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: Sea Tech of the Florida K
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5.1 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
3/17/2014 GENERAL CONDITIONS -62
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 Project
Management timely notice of when and where tests and inspections are to be made so Project
Management may observe such procedures. The Owner shall bear costs of test, inspections or
approvals which do not become requirements until after bids are received or negotiations
concluded.
13.5.2 If Project Management, Owner • public authorities having jurisdiction • that
portions • the • require additional • inspection • approval not included under
Subparagraph 13.5. 1, Project Management will, upon written authorization from the Owner,
9-40io-tal testing, insi2ection or approval
MINUMN1101 U-1016-11111 1 4
arlanagement 5Y Weil d[1U TZ-HUlti lUbLb d11U 11W�PJMIOIDUILCa"r
may observe such procedures. The Owner shall bear such costs except as provided in
Subparagraph
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for Project Management's services
• expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
• the • Documents, be secured by the Contractor and promptly delivered to •
Management.
13.5.5 If Project Management is to observe tests, inspections or approvals required by the
Contract Documents, Project Management will do so promptly and, where practicable, at the
normal place of •,
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable • in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
JE IMM711 ,141@1 E@JZJjr4L*
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
proper materials;
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, • rules, regulations • orders • a public
authority having jurisdiction; I
Ki
3/17/2014 GENERAL CONDITIONS -63
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by Project Management that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and aft
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finishe 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 Subparagra
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finishe,
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
•elay 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.
ARTICLE 15
PROJECT SAFETY AND HEALTH PLAN
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.
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
............... .............
3/17/2014 GENERAL CONDITIONS -64
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:
Superintendent of Documents
Washington, D.C. 20402
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 to the Contracting Officer for
Monroe County before the start of construction operations.
I he 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.
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
The Safety Program will also be required to provide emergency contact person, emergency
planning and a personnel evacuation plan for any hurricane evacuation event.
��epresentatives for the Contractor are to meet w
epresentative 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
The Contractor or designated on -site representative is to participate in monthly meetings of a
joint Safety Policy Committee with Monroe County Project Management 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.
Contracting Officer to administer the safety program.
------- GENERAL CONDITIONS '65
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.
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.
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 a
duration of three hours.
1 . The first part consists of the contractor cleaning up on a daily basis, his workstations, an;#:
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
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
3/17/2014 GENERAL CONDITIONS -66
Krglrelgnm=��
that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe
County.
If Monroe County notifies any Contractor • 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
• 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.
• Increase withholding in proportional increments for that given •. period.
9-111911 Kai 104 11 ON
Every Contractor foreman's work crew must include an employee who has a current first aiV
certificate from the, American Red Cross, or other Monroe County -approved organization.
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 Contractin-f
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 dat'?
pertinent to investigation of an accident.
flea
Worker's Uom pensation statutes, as well as offfe-r-c—eMi
contract.
2.0 FIRST AID AND MEDICAL FACILITIES
2.1 F I RST 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 bt--
3/17/2014 GENERAL CONDITIONS -67
moisture proof and dust tight, and the contents of the kits are to be replenished as used or as
they become ineffective or outdated.
At least one employee certMea to administer erne e lei
and duly designated by the Contractor to care for injured employees. The names of the certified
employees shall be posted at the jobsite.
21 COMMUNICATION AND TRANSPORTATION
Prior tOthe start ofwork, the Contractor iatomake necessary arrangements for prompt and
dependable communications, transportation, and medical care for injured emnp|oyeee.
2.2 FIRST AID AND MEDICAL REPORTS
The Contractor is to maintain a record system for first aid and rned|oa| treatment on the jmbeite.
Such records are tobereadily available to the Contracting Officer and are to include —
(a) A daily treatment log listing chronologically all persons treated for occupational injuriesand
illnesses;
(b) Cumulative paoopd 0finjury for each individual;
(o) Monthly statistical records of occupational injuries, classified by type and nature ofinjury;
and
b0Required 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
Alisting cftelephone numbers and addresses Cf doctor, rescue squad, hospital, police, and fire
departments is to be provided atall first aid locations.
3.0 PHYSICAL QUALIFICATIONS OF EMPLOTEES:
3.1 GENERAL REQUIREMENTS
Persons employed throughout the contract are to be physically qualified to perform their
not knowin,!Jabe-�@-rermitted or required to work while their
ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize
themselves or others.
lip
----------- 3/17/2014 GENERAL CONDITIONS -68
•
wperators; OT cranes, caDiellays, ann-oyffgrmsuffg-eqioTMLL&aii"!%M��ifn-
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.
It is recommended that operators of trucks and heavy construction equipment be given physic
-1X2AW12t'#A&-4 &-ku290-,,t 4,
zmdangering themselves or others.
Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18
qz,?o *f ?,r", I nseforthe
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.
4.0 PERSONAL PROTECTIVE EQUIPMENT:
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.
42 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:
CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT
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.
5.0 MACHINERY AND MECHANIZED EQUIPMENT:
5.1 SAFE CONDITION
3/17/2014 GENERAL CONDITIONS -69
I-IfTIVI&IMSE61- Ivir-11,2101:421
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
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,
-2'e�'K'2ra �_-2u'F2�?V�S 2t 4TAt'1140ke
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.
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 stoppe#
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
3/17/2014 GENERAL CONDITIONS -70
Getting on or off equipment while the equipment is in motion is prohibited.
=Z�7 in eftiergencies,-dTrL-,tAitif-e-tT• , I I a
t,quipment 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)
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
to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests
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 TEST —POWER 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 3600 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 TEST —DERRICKS, 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.
- - - -----------
A notice of the 1 0-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be
posted in the operator's cab of cranes, shovels, boom -type concrete pumps, backhoes, and
related equipment.
3/17/2014 GENERAL CONDITIONS -71
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
rtical motions of the boom with increasinq resistance from 830 or lesfo
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.
OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable
reganfless if t�e, year in w�.ic�e�e e,�,A�meAt w?s MAYf2rtyre!i 2Aii reg?rfless if tXe struc&-_
capacity of the equipment.
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.
A JFr7 'FRIL -9 AffiRw - I
Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled
compactors and rollers, and rubber -tired skid -steer equipment.
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 it lead time, cost), loads
V-14, ies or work involvin encroachment or
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
tog
a critical lift JHA shall be submitted with the crane lift plan.
Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5
days for critical and helicopter lifts.
3/17/2014 GENERAL CONDITIONS -72
Crane Lift Plans must bebased on"worst case" combination ofload weightwd1hohart
deductions and lift radius for 9specific crane configuration ina 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 not change. Use multiple lift
plans for multiple locations.
The Crane Lift Plan must beCOMPLETE a|ongvvithattaohrnenta—see Section 5for the
required Attachments.
All rigging devices MUST bear the name of the manufacturer and be certified as to their
capacity. Custom -fabricated devices (lifting beams, spreader bars, etc) may be acceptable with
proper PEstamp orproof testing e5required byapplicable standards. Capacities shall be
marked and legible onall such devices.
Work that ienot anticipated inthe Crane Lift Plan, but may arise due tosite conditions (moving
equipment, loading materials onto floors, *to) must he 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 tothe 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 29CFF(1925.14O2)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
orCrane Lift.
• Connmetent/ Qualified Person Designation Forms for /VD [}irector, Operator, Rigger,
Signal Person
m Load Chart (complete with notes)
= Range Chart
• Dimension Illustration and Specifications for Crane
• Lightning and Wind Restrictions (from operators manual)
• Area (Quodrant)ofOperation Diagram
• Operators License, Operators Training Information, US[)[>T Medical Certifioation, OSHA
1O/3OHour Course Completion Cards, asmay berequired bythe project.
• Jurisdictional Registration, ifrequired
• JHAfor Assembly / Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc.
• JHAfor Power Line Encroachment
w 3rd Party Inspection Certification and Report — see Crane Lift Plan for requirements
(Note:The inspector shall bmcertified with the CCAA).
• Weights ofMaterials
• 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 accented by Monroe County. It is the
responsibility of the Contra ctor/Su bco ntractor 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.
6'0 LADDERS AND SCAFFOLDING:
0.1 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.
0.2 SCAFFOLDING. OSHA 1826,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 orsimilar footing.
6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 192O.Subpart E.Section 1O4
Lifelines, safety belts and lanyards independently attached or attended, shall be used when
performing such work as the following when the requirements of0.1 or8.2 above cannot be
met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous s|opee, structural ehae|. or poles; erection or dismantling of safety DetG,
tying reinforcing bars; and work from Boatswain's ohairS, swinging scaffolds, Or other unguarded
locations atelevations greater than 6feet.
(o) Work onskips and platforms used inshafts bycrews when the skip Orcage does not block
the opening to within 1 foot of the sides of the shaft, unless cages are provided.
7'0 FIRE PROTECTION
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices toprevent fire. |tshall bethe responsibility ofthe Contractor b3insure
that general fire protection facilities are adequate for his work and to provide additional fire
protection facilities and devices, including fire extinguishers amrequired bytheir scope ofwork.
8'0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER Ul[|L|l[|ES
3/17/2014 GENERAL CONDITIONS -74
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(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
the Architect or Project Management.
9.0 BARRICADES, WARNING DEVICES AND LIGHTING
A. The Contractor shall be solely responsible for providing temporary ladders, guard rails,
warning signs, barricades, night guard lights, and deck or floor closures required in connection
with his work to comply with Federal, State and local safety requirements. The Contractor shall
5214 WM Y&4@6-absjm�lhe design construction -josvection 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 tre
project, and nothing in these Contract Documents shall be construed to give any of such
responsibility to the Owner, the Architect, or Project Management.
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.
10.0 HAZARDOUS MATERIALS
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 and Project Management 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
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. I
3/17/2014 GENERAL CONDITIONS -75
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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 Project Management in writing. The Owner, Contractor
and Project Management shall then proceed in the same manner described in Subparagraph
10.1.2.
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 and Project Management the names and
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
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r1lFtIETAIT
sn or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
a e uar s for sailfet and rotection includ'
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10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
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3/1712014 GENERAL CONDITIONS -76
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, Project Management or Architect or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault
or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph 3.18.
2t
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner or Project
Management.
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.
11.0 EMERGENCIES
11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
3/17/2014 GENERAL CONDITIONS -77
l".YWAVI&I 0 [01:4 Q & FWAI 010% :4:1
ARTICLE 16
0QV�E���� CONTROL PLA
A. The Project Management Representative will monitor all work performed by the
Contractor and assist the Contractor with his conformance of the work to the
Contract Drawings and Specifications.
A. The Contractor is responsible for the quality of the work performed by his work
force on this project as well as the quality of the material, equipment and supplies
furnished by him to be incorporated into the work.
B. The Contractor will designate a Quality Control Representative who will be on
site at all times while the respective Contractor's work is in progress and will have
the authority and responsibility to accept or reject items of work. The
Contractor's Quality Control Representative may delegate his duties but the
primary responsibility and authority will rest on him.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to Project Management. Any
submittal that is at variance to the contract requirements must be identified as
such and transmitted to Project Management for submittal and approval by the
Owner. No work requiring submittal of a shop drawing, product data or samplt
shall commence until the submittal has been reviewed and approved by Projec)
Management.
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.
The Contractor's Quality Control Representative will review his drawingr.
procurement documents and contracts to insure that the technical informati
provided and all work performed is in accordance with the latest revisions of t
Contract Drawings and Specifications. I
F. The Contractor's Quality Control Representative will perform an inspection upo
receipt at the site of the work of all materials, equipment and supplies includin
those furnished to him by the Owner. Notes from this inspection will be filled o
on the appropriate form and included with the Contractor Daily Quality Contr
Report. Items which are damaged or not in conformance with the respectiv,
submittals, quality standards, contract drawings and specifications shall b
brought to the attention of Monroe County representative on site and then will bl-
identified and segregated from accepted items. Items thus identified will not b -
incorporated into the work until corrective action acceptable to Proje
Management is completed. Items determined unsalvageable will be remove@
3/17/2014 GENERAL CONDITIONS -78
1W
from the job site. These items shall be noted as deficient in the applicable
section of the Contractor Daily Quality Control Report.
Project Management 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:
F'reparatory Inspection—Hrior to commencing tne e ZP
Quality Control Representative will meet with Project Management's
representative 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: Project Management will record the minutes to this inspection meeting
and distribute accordingly.
2. Initial Inspection —Upon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will
meet with Project Management's representative and 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: Project Management will record the minutes to this inspection meetini-1-
and distribute accordingly.
1 Follow-up Inspections —The Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
work to the workmanship standards established during the preparatory
and initial inspections.
3/17/2014 GENERAL CONDITIONS -79
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 Project Management
Superintendent for approval prior to the start-up of work.
Failure to generate a sign -off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if
ensuing problems are detected or not. This disciplinary action shall be
carried out via the Nonconformance Report. (See Section 1.4.13 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.
Completion Inspections —Upon completion of a given feature of the work,
the Contractor's Quality Control Representative will meet with the Project
Management Superintendent, if he so desires to attend, to perform an
inspection of the completed work. Nonconforming items will be identified
and corrected prior to commencement of the next operation.
Note: The Contractor shall conduct and report corrections of this inspection
which shall be a required submittal.
5. Follow -On Inspections —Upon execution of the contractor's completion
inspection in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule ani!
conduct multi -trade or singular inspections prior to covering installation.
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6. Pre -Final Inspection —Upon substantial completion of the project work
Project Management shall coordinate and conduct a universal inspection
of all areas and elements of the work. The Arch itect/Eng ineer may be
represented if he so desires. This inspection shall be completed at least
(15) days prior to the final substantial completion inspection which shall
be conducted by Project Management. All deficiencies and incomplete
work should be completed prior to the final substantial completion
inspection.
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 Project Management
3/17/2014 GENERAL CONDITIONS -80
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Superintendent will coordinate and witness all such tests. Notification should bi.-
given at least ten (10) days in advance of the scheduled tests.
v roject Management will coordinate and attend all final inspections of the work.
Prior to requesting a final inspection, all tests for the equipment and systems
must be completed.
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Maintaining accurate and retrievable records is extremely important in the Quality
Assurance Program. These records will act as a main source of information in the
present and in the future for the entire project management team. The main report that
will be utilized to provide this information is the Daily Quality Control Report.
Nonconformance Reports may also be issued.
I he 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 0 1385.
Nonconformance Reports will be issued for work that is found to be in
-,ionconformance with the contract documents or the referenced quality
r.tandards. The report will be issued by Project Management.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign -offs will be included with a corresponding
corrective action taken. Significant nonconformance needs to be addressed tif
prevent recurrence. The signed -off report will also be submitted for review.
3/17/2014 GENERAL CONDITIONS -81
affect payments. Whether that be partial or full retainage will be left up to
discretion of Project Management.
A. Project Management may choose at its option to perform Contractor audits of
their Contractor Quality Control Plan at any time. Reports of these audit results
will be forwarded to the Project Manager for his action. Any action items noted
during an audit for the Contractor will be followed up and documented to insure
compliance and avoid recurrence.
1.6 SUMMARY
The intention of this plan is to create a system of checks and balances that will minimize
delays caused by rework and a lack of planning and maximize production and insure
that the finish&f Air#I#.r,!ct is tiN6 tNat t�e eAtire c*;qstryctit?% tev.m c2A A,�&te tXem%elves iA.
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.
3/17/2014 GENERAL CONDITIONS -82
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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
integral part of the work. i
3. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
4, Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
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
112-6 *• 1161 rders for -fabrications or Drefabricatp-,i
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3/17/2014 GENERAL CONDITIONS -83
SITE SIRTET
A. The Plat of Survey and other survey data, are available in the Office of Project
Management for review, and are for the general information of the contractor. The data
*7k7, 0-NARvVVvn"V ni
neither the Owner nor the Architect, nor Project Management make any representation,
guarantee of warranty as to the accuracy or completeness of data indicated, expressed or
implied. I
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 the Architect, nor Project Management 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 on the survey information
provided.
ARTICLE 18
SUMMARY OF WORK
SCOPE OF WORK
1 Project Overview
A) Emergency Demolition and replacement of screen porches, repairs of Electrical, Plumbing,
Mechanical, Suspended ceiling, Fire Suppression at the Bayshore Manor assisted living facility.
TamItTrIT-W =-1
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.
1 . Electrical Scope:
1. 1. Provided open splice/grounding/support repairs at all recessed lights throughout
facility
1.2. Repair/replace lights and disconnects at storage closets, admin, and kitchen
1.3. Provide code compliant GFIC at all kitchen receptacles
1.4. Replace all kitchen wired with NIVI to code compliant
1.5. Provide shunt trip to oven
1.6. Repair lights at linen, storage closet
1.7. Provide new and replace laundry equipment disconnects
1.8. Provide code compliant GFIC at all exterior receptacle locations
1.9. Properly secure all low voltage wiring independent of other systems
1.10. Properly install new intersystem bonding system ground at service main
1.11. Properly install IT ground
1.12. Properly install new ground rod at main service entry #2
1.13. Install 100 amp 3-phase disconnect at ATS to feed AC panel
1.14. Install new conduit, wire from ATS to AC panel
Ryfirliplelf 1%—d ME,
1.15, Remove aerial service drop, riser and meter from service #2
1.1& Provide new code compliant ground for service meter #3
1. 1 T Remove aerial service drop, riser and meter from service #3
1.18. Provide new 3-phase 200 amp main enclosed circuit breaker at ATS location
1.19, Provide conduit, wiring for new service feed from ATS to service can #3
1.20. Repair/replace all improperly wired junction boxes
1.21- Provide weather proof covers for all exterior electrical receps and j-boxes
1.22. Replace all exterior emergency Exit signage with code compliant wet/damp rated
fixtures
1.23. Replace all lens covers for reassessed lighting to match
1.24. Replace all NIVI Romex above drop ceiling to code compliant
1.25. Replace all NM Romex at nurse call stations to code compliant
1.26. Remove all abandoned electrical fixtures
1.27. Replace improperly wired disconnect at back storage closet code compliant
1.28. Provide new electrical at all exterior porches
3. Landscape
31 Remove stump to 6" below grade at west exterior
4. Plumbing
4.1. Provide code compliant hurricane pedestal/hold downs for propane tank
4.2. Relocate propane tank to code compliant distances from all windows, structure,
electrical service ect.
4.3. Remove all obsolete gas piping at kitchen and exterior
4.4. Replace interior flex pipe with properly secured code compliant gas pipe
4.5. Properly vent interior 2" PVC plumbing thru roof at storage closet
4.6. Repair/replace 2" cleanout at north side exterior above grade only
5.1. Replace all interior ceiling grills with new
5.2. Replace wall registers with new
5.3. Repair "Cut" in attic flex AC duct
6- Fire Suppression
6.1. Repair/replace Demo all exterior porch suppression pipe replace with new
7. Suspended ceiling
7.1. Replace all Ceiling tiles with similar
7.2. Replace all damaged grid assembly as necessary
7.3. Replace all recessed light lens with matching
7.4. Replace all vent grills with matching
7.5. Provide protection of furniture, personal items and clean up
7.6. Coordinate with staff to minimize impact on residents
& Exterior Porches
8.1.1. Demo all existing exterior wood screen porches to include fire suppression,
electrical, plumbing, storage closets, alarm ect.
3/17/2014 GENERAL CONDITIONS -85
8.1.2. Replace exterior screen porches with aluminum frame to match (contractor to
provide shop drawing, engineering and submittals)
8.1.3. Provide code compliant, alarm, exit signage, fire suppression ect.
8.1.4. Provide new steel frame with weather resistant siding storage closets at each
porch
8.1.5. Provide exterior wall paint at porches
8.1.6. Provide exterior floor sealer at porches
8.1.7. Repair stucco cracking at west side interior/exterior wall
8.1.8, Provide all permits, fees, testing, shop drawings, engineering, dumpster, porta-
pot as required for the job.
3 General Requirements
A) Contractor is required to provide protection for all existing surfaces. To include but
l�ot limited to-
1 . Existing doors/passages
2. Interior/Exterior Walls
3. Personal Items
4. ITindows
5. Flooring
6. Vehicles
7. Landscaping
B) The contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and local Laws.
C) Provide a dumpster, containment bin or similar device for the collection and
containment of construction generated debris.
D) Load, haul and properly dispose of construction debris.
E) Provide and maintain appropriate (OSHA required) construction warning signs.
F) Furnish all required work site safety equipment.
G) Furnish and maintain on -site MSDS sheets for all materials used in the construction.
H) Construction work times shall be limited to:
7:00 AM to 5:00 PM Mon -Fri
1) All materials shall be approved by submittal prior to commencement of work
J) Provide all Permits necessary to complete the scope of work
K) Contractor shall provide a "Lump sum price" With open book pricing policy
L) Contractor needs to be aware of weather and location and plan accordingly.
M) Contractor needs to be aware of the facility, its residents, and staff with unusual
schedules and plan accordingly. Coordination of each days works shall be done in
advance with approval from County. All spaces interior and exterior shall be cleaned
and returned to normal as much as is practical and reasonable each day.
N) The Scope of Work shall include, but not be limited to, all work shown and listed in
the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid 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.
3/17/2014 GENERAL CONDITIONS -86
The contractor will be responsible to obtain all additional necessary permits and
approvals for the demolition and construction of Bayshore Manor Emergency repairs
including the City of Key West, Monroe County Growth Management, Monroe •
Engineering Department, FDOT, or other agencies, as applicable.
The contractor will be responsible to obtain all additional necessary permits and
approvals for the demolition and construction of Bayshore Manor Emergency repairs
including the City of Key West, Monroe County Growth Management, Monroe •
Engineering Department, FDOT, or other agencies, as applicable.
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 specifie,�
location, shall be procured and maintained by the contractor and his subcontractors.
Contractor shall submit copies to Project Management prior to notice to proceed
Contractor's license shall accompany proposal.
Z Provide, replace, and maintain any safety rails and barricades as necessary
during the process of work, or during deliveries of materials or equipment.
3. Contractor is to review General Conditions for additional responsibilities required
in order to perform this Work.
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 Project Management in any event, in order to
not compromise the Owner's right to make appropriate decisions.
il. Contractor shall NOT be required to maintain As -Built Drawings, (Recora
Drawings per Section 0 1720), of his work progression.
il. This Contractor shall not store materials inside the building. Contractor sha
provide suitable storage container, and be responsible for disposal off -site of all debris
• trash.
1.2 PROTECTION:
A. The Contractor shall use every available precaution to provide • the safety •
property owner, visitors to the site, and all connected with the work under the Contract.
B. All existing facilities •♦ above and below ground shall •- protected and
-• free • damage. Existing facilities shall remain operating during the period
of construction unless otherwise permitted. All access roadways must remain open to
traffic unless • permitted.
3/17/2014 GENERAL CONDITIONS -87
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. I
1. All application, material handling, and associated equipment shall conform to and
be operated in conformance with OSHA safety requirements.
2. Comply with federal, state and local and owner fire and safety requirements.
3. Advise owner whenever work is expected to be hazardous to owner employees
and/or operations.
4. Maintain a crewman as a floor area guard whenever roof and or decking is being
repaired or replaced.
5. Maintain proper fire extinguisher within easy access whenever power tools,
roofing kettles, and torches are being used.
MZUEM
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.
SIRES�•
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3/17/2014 GENERAL CONDITIONS -88
■
ARTICLE 19
PART 1 — GENERAL
NUNN NOR- w--
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.
1.2 QUALITY ASSURANCE
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.
1.3 SUBMITTALS
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.
A. Provide adequate protection for curbs and sidewalks over which trucks. and equipment
pass to reach job site.
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."
1MV I 1441ftill
A. Restrict access of all persons entering upon the Owner's property in connecti
with work to the Access Route and to actual site of the work. i
3/17/2014 GENERAL CONDITIONS -89
30431 - I
r1:20101.2181012 0 ,
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for Payment.
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.
01:011IN
A. The initial Application for Payment will not be processed until the Contractor's Construction Schedule, Schedule of Values,
and the initial Submittal Schedule have been received, reviewed and approved by Project Management.
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 (2 oth ) day after submission of the pay request.
A. Project Management to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts
are current.
it/17/2014 GENERAL CONDITIONS -90
law*
A. To help expedite the final payment, it is necessary for Project Management 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 Project Management to obtain necessary
signatures and submit project for Final Payment. Contractor shall submit all required forms and releases to Project
Management. 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) Contractor's Affidavit of Debts and Claims
(6) Final Release of Lien
Also, all warranties and guarantees required by Contract, "As -Built" drawings, including red -lined site plan, certification that all
utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers
must be submitted prior to final payment..
C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result
in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by
Monroe County Project Management. Final Pay Request must be submitted no later than 30 days after final projec',
completion and acceptance.
6. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number
and description.
3/17/2014 GENERAL CONDITIONS -91
r
3/17/ 014 GENERAL CONDITIONS -02
0 = a
APPLICATION FOR PAYMENT ARCHITECT'S CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on on -site observations and the data
SUMMARY comprising the above application, the Architect certifies to the Owner that to the best of the
Arc h ' Terl'S knnvApd g e iDf a rmation a nd bel 6ef I he Wor� h as pr
Application No: quality of the Work is in accordance with the Contract Documents, and the Contractor is
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:
Contract For:
Period: From: To:
Contract Date:
Original Contract Sum:
Net Change By Approved Change Order:
Contract Sum To Date:
Total Completed & Stored To Date:
Retainage
% of Completed Work:
Total Earned Less Retainage:
Less Previous Payments:
Current Payment Due:
Balance to Finish:
NTROMMMOMM,
Director of Project Management
Date-.
3/17/2014
M
Amount Certified:
(Attach an explanation if the amount certified differs from the amount applied for)
0
RM
N I 1 1
"N' 11 WENT NMEN11111M111 010wo . i .' low-W11111
-
the Contractor for Work for which previous Applications for Payment were issued and
payments received from the Owner, and that current payment shown herein is now due,
By:
State of:
My Commission Expires:
Im
REMSEMEM
Monroe County, Owner
Roman Gastesi, County Administrator
Xe4*ie uu Freierirk, leruty A-CmiAistr2tti
Date:
W
IT", 0 N V A kyj F.11,02 M 1:40 MINCTaMOX&OMMI
APPLICATION AND CERTIFICATE FOR PAYMENT APPLICATION NO.:
Containing Contractor's signed Certification is attached. 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.
A
B
C
D I E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STORED
NOT IN D OR E)
TOTAL
COMPLETED AND
STORED TO DATE
(D + E + F)
C'
(G w C)
BALANCE
TO
FINISH
(C - G)
RETAINAGE
(IF VARIABLE
RATE)
FROM PREVIOUS
APPLICATION
(D + E)
THIS PERIOD
3/17/2014 GENERAL CONDITIONS -94
Lrirdlrelaz�,. .�
MONROE CouNTY/ENGINEERING/ PROJECT MANAGEMEJ
CONTRACT CHANGE ORDER
Mffloff! �"
am=
........................................
Orders................................. .................
PXrgo)VAI
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order ....... $
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is......$
.............. ..................
This chanqe Order is % of the oriqinal contract price.
Not valid until signed by Owner, Architect if applicable), and Contractor
Date
Date
Date
Date
Date
3/17/2014 GENERAL CONDITIONS -95
9MMM!''? � i I ifflip I iiiiii
4MMIMMU111 mi�;1110 194
TAT-MIUMUMMIM
e Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes n No [I
* Change Order is correcting an error or omission in design document. Yes E]No 11
Should a claim under the applicable professional liability policy be made? Yes 0 No El
3/17/2014 GENERAL CONDITIONS -96
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
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 Architect's best knowledge, information
and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can
occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof
designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated
below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
BY
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 (timo. on
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance shall be
RMM
Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage.
3/1712014 GENERAL CONDITIONS -97
CONTRACT FOR:
CONTRACT DATE:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract lbr 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 pertsm-nance of the Contract referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS- (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each
exception),
SUPPORTING DOCUMENTS ATTACHED HERETO:
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 ( )
The following supporting documents should be attached
hereto:
Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
Contractor's Affidavit or Release of Liens.
amom
ME
Subscribed and sworn to before me this
day of 120_
MIMMOM
My Commission Expires:
3/17/2014 GENERAL CONDITIONS -98
ONE
TO OWNER: CONTRACT FOR:
(Name and address)
�K"mr* rokgm,4 �,zQt 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:
SUPPORTING DOCUMENTS ATTACHED CONTRACTOR:
(Name and address)
HERETO:
1. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment. By:
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner -
accompanied by a list thereof.
(Signature of authorized representative)
(Printed Name and Title)
IMEMMEMEMOM
NMI
3/17/2014 GENERAL CONDITIONS -99
• Monroe •' Florida receipt • which is hereby acknowledged, •• hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lier
rights, claims • demands • any kind • which
Im
3/17/2014 GENERAL CONDITIONS -100
kTrd.ZTeTAK9]Ni M jMR
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: - APPLICATION DATE:
Th-a-f-Me unaersignea, Tor ana in consi
payment of the sum $ to be paid to the undersigned, hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
• • $ as • the date • the Partial • and the undersigned h
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release. I
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
• non-payment: (If none, write
11�111��
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 • .•. the OWNER • 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 [Tvaintenarim.-
Agreement in connection with the labor and material furnished • it, that this •. and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, • Maintenance Agreement.
ME
2=
No
3/17/2014 GENERAL CONDITIONS -101
• I (to] Ale K014WA A M&I • MEF-Ur-141 I I LW I I • I lb-OT-141 I• I • 01VA teal
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 • a• described in •
Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary
• ensure that Work affected • each accepted Alternate is complete and fully integrated
• 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 •- accepted, rejected • deferred • consideration at a later •.
Include a complete description of negotiated modifications to Alternates.
Include as part of each Alternate, miscellaneous devices, accessory objects and
similar items incidental to or required for a complete installation whether or not
mentioned as •. • the Alternate.
3/17/2014 GENERAL CONDITIONS -102
ARTICLE 22
(V.4
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this •
WINEWIRUNUM
A. This Section specifies administrative and supervisory requirements of the
Contractor necessary for Project coordination including, but not necessarily
limited •
2. Administrative and supervisory personnel
3. General • provisions
i
B. Field engineering is included in Section 01050 "Field Engineering".
C. Progress meetings, coordination meetings and pre -installation conferences are
included in Section 01200 "Project Meetings".
D. Requirements for the Contractor's Construction Schedule are included in Secti
01301 • i
ACoordination: Coordinate construction activities included •- • Section
of these Specifications to assure efficient and orderly installation of each part
the Work. Coordinate construction operations included under different Section
of the Specifications that are dependent upon each other for proper installatio
connection, and operation.
1 . Where installation of one part of the Work is dependent on installation
other components, either before or after its own installation, schedul
construction activities in the sequence required to i♦ the •- results.
2. Where • • •. is limited, coordinate installation of differe
components to assure maximum accessibility for required maintenanc
service • -•.
3. Make adequate provisions to accommodate items scheduled • lat
•
B. Where necessary, prepare memoranda for distribution to each party involve
outlining special procedures required for coordination. Include items as requir
• reports, and attendance at meetings.
3/17/2014 GENERAL CONDITIONS -1
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 requir
administrative procedures with other construction activities to avoid conflicts a
ensure orderly progress of the Work. Such administrative activities include,
are not limited t, thfollowing: 31
oe
I . Preparation of schedules
2. Installation and removal of temporary facilities
3. Delivery and processing of submittals
4. Progress meetings
5. Project Close-out activities
DConservation: Coordinate construction activities to ensure that operations au
carried out with consideration given to conservation of energy, water, a
materials. I
Salvage materials and equipment involved in performance of, but ncA-
actually incorporated in, the Work. Refer to other sections for disposition
of salvaged materials that are designated as Owner's property.
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off -site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1 . Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section 01301 "Submittals'.
B. Staff Names: Within 15 days of Notice to Proceed, submit a list of the
Contractor's principal staff assignments, including the Superintendent and other
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1 . Post copies of the list in the Project meeting room, the temporary field
office, and at each temporary telephone.
M . -P . 0 6 0 . 0 -
3/1712014 GENERAL CONDITIONS -104
Inspection of Conditions: Require the Installer of each major component to inspect
both the substrate and conditions under which Work is to be performed. Do not
proceed until unsatisfactory conditions have been corrected in an acceptable
Manufacturer's Instructions: Comply with manufacturer's installation instructions arM
recommendations, to the extent that those instructions and recommendatiori'm
are more explicit or stringent than requirements contained in Contra
.nspect materials or equipment immediately upon delivery and again prior to
installation. Reject damaged and defective items.
.-i--,�rovide attachment and connection devices,and methods necessary for security Work.
Secure Work true to line and level. Allow for expansion and building
Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in
exposed Work to obtain the best visual effect. Refer questionable choices to
Project Management 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.
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 Project Management for final decision.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction |Oprogress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage ordeterioration 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, daMge[OUs,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
1. Excessive static ordynamic loading
2. Excessive internal or external pressures
3. Excessively high orlow temperatures
4. Thernoa|shmCk
5. Excessively high or low humidity
O. 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.
3/17/2014 GENERAL CONDITIONS -106
FT—T.Tiffir4w
A- Drawings and general provisions • the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A, This Section includes administrative and procedural requirements of the
Contractor for cutting and patching.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1 Division 1 Section: "Coordination" for procedures for coordination cutting
and patching with other construction activities.
2, Division 2 Section: "Selective Demolition" for demolition •' -•
portions • the building • alterations.
3. Refer to other Sections for specific requirements and •
applicable to cutting and patching individual parts of the Work.
a. Requirements of this Section apply to mechanical and electrica_'
installations.
4. Describe anticipated results in terms of changes to existing construction.
Include •- to structural elements and operating components as well
as changes in the building's appearance and other significant visual
elements.
5. List rr•t to •e. -• .._• firms • entities that will perform •...
6. Indicate dates when cutting and patching will performed.
7. Utilities: List utilities that cutting and patching procedures will distribute •
affect. List utilities that will •- relocated and those that will be i•
out -of -service. Indicate how long service will be disrupted.
8. Where cutting and patching involves adding reinforcement to structural
elements, submit details and engineering calculations showing integration
of reinforcement with the original structure.
9. Approval by Project Management to proceed with cutting and patching
does not waive Project Management's right to later require complete
removal and replacement of unsatisfactory •
3/17/2014 GENERAL CONDITIONS -107
Obtain approval of the cutting and patching bid before cutting and
patching the following structural elements:
a.
Foundation construction.
b.
Bearing and • walls.
C.
Structural concrete.
d .
Structural steel.
e .
Lintels
f.
Timber and primary wood framing.
•
Structural decking.
h.
Stair systems
i.
Miscellaneous structural metals.
B. Operational Limitations: Do not cut and patch operating elements or related
components in a manner that would result in reducing their capacity to perfor
as intended. Do not cut and patch operating elements or related components
a manner that would result in increased maintenance or decreased operation
life • safety. I
:• I • a[-! K$J @r4 r. I I I A • • d6-f:1(7QYFA CQ MIX-710*47MU-111
a. Fire protection systems.
b. Control systems.
C. Communication systems.
d. Electrical wiring systems.
C. Visual Requirements: Do not cut and patch construction exposed on the
exterior or in occupied spaces in a manner that would, in Project Managemen
opinion, reduce the building's aesthetic qualities. Do not cut and patch
construction in a manner that would result in visual evidence of cutting and
patching. Remove and replace construction cut and patched in a visually
unsatisfactory manner. I
If possible retain the original Installer or fabricator to cut and patch the
itxposed Work listed below. If it is impossible to engage the original —
Installer or fabricator, engage another recognized experienced and
specialized firm.
a. Stonework and • •
• Ornamental metal.
U&JOI&TT I :fAJ 4 1 WJ
A. Existing Warranties: Replace, patch, and repair material and surfaces cut or
damaged • f• and with materials in such a manner as not to void any
warranties required or existing.
3/17/2014 GENERAL CONDITIONS -108
PART 2 - PRODUCTS
2.1 MATERIALS, GENERAL
A. Examine surfaces to be cut and patched and conditions under which cutting and
patching is to be performed before cutting. If unsafe or unsatisfactory conditions
are encountered, take corrective • • proceeding.
1 Before proceeding, meet at the Project Site with parties involved in cutting
and patching, including mechanical and electrical trades. Review areas
of •• interference and ♦r Coordinate procedures and resolve
♦•- • before proceeding.
3.2 PREPARATION
A. Temporary Support: Provide temporary support of work to be cut.
B. Protection: Protect existing construction during cutting and patching to prevent
damage. Provide protection from adverse weather conditions for portions of the
Project that might be exposed during cutting and patching operations.
C. Avoid interference with use of adjoining areas or interruption of free passage to
adjoining areas.
D. Avoid cutting existing pipe, conduit, • ductwork serving the building •
scheduled to be removed or relocated until provisions have been made to bypass
them.
A. General: Employ skilled workmen to perform cutting and patching. Proceed witr
cutting and patching at the earliest feasible time and complete without delay.
Cut existing construction to provide for installation of other components
performance of other construction activities and the subsequent fitting
and patching required to restore surfaces to their original condi-
B. Cutting: Cut existing construction methods least likely to damage elements
retained or adjoining construction. Where possible, review proposed procedures
with the original Installer; comply with the original Installer's recommendations.
1 . In general, where cutting, use hand or small power tools designed for
sawing or grinding, not hammering and chopping. Cut holes and slots as
small as possible, neatly to size required, and with minimum disturbance
of adjacent surfaces. Temporarily cover openings when not in use.
3/17/2014 GENERAL CONDITIONS -109
2. To avoid marring existing finished surfaces, cut or drill from the exposed
or finished side into concealed surfaces.
3. Cut through concrete and masonry using a cutting machine, such as a
Carborundum saw or a diamond -core drill.
Comply with requirements of applicable Division 2 Sections where cutting
and patching requires excavating and backfilling.
5. Where services are required to be removed, relocated, or abandoned, by-
pass utility services, such as pipe or conduit, before cutting. Cut-off pipe
or conduit in walls or partitions to be removed. Cap, valve, or plug and
seal the remaining portion of pipe or conduit to prevent entrance of
moisture or other foreign matter after by-passing and cutting.
C. Patching: Patch with durable seams that are as invisible as possible. Com
with specified tolerances. I
1 Where feasible, inspect and test patched areas to demonstrate integrity of
the installation.
2. Restore exposed finishes of patched areas and extend finish restoration
into retained adjoining construction in a manner that will eliminate
evidence of patching and refinishing.
3. Where removing walls or partitions extends one finished area into area,
patch and repair floor.
3.4 CLEANING
A. Clean areas and spaces where cutting and patching are performed. Completely
remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping,
conduit, and similar features before applying paint or other finishing materials.
Restore damaged piping covering to its original condition.,
3/17/2014 GENERAL CONDITIONS -110
A. Drawings and general provisions • the • including General , ar•
Supplementary Conditions and other Divisions 1 Specification Sections, apply
this •
A. General: This Section • administrative and procedural '• •
the Contractor for field -engineering services including, but not limited to, the
following:
1 . • survey •
2. Civil -engineering services,
3. Damage surveys.
4. ♦ monitoring.,
B. Related Sections: The following Sections contain requirements that related to
this Section:
1 Division I Section "Coordination" for procedures for coordinating field
engineering with •' construction activities.
2. Division 1 Section • for submitting • record surveys.
3- Division I Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner -accepted
deviations from indicated lines and levels.
A. Certificates: Submit a certificate signed by the land surveyor or professionl�
• certifying the location and elevation •,. improvements. I
B. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
A. Surveyor Qualifications: Engage a land surveyor registered in the state whe
the Project is located, to perform required land -surveying services. i
3/17/2014 GENERAL CONDITIONS -111
W.
JW. Engineer Qualifications:
in the state where
services.
PART 3 - EXECITITIU7,
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and prope
line corner stakes. I
B. Verify layout information shown on the Drawings, in relation to the proper,M
survey and existing benchmarks, before proceeding to lay out the Work. Loca
and protect existing benchmarks and control points. Preserve permane
reference points during construction.
1 Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2- Promptly replace lost or destroy Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the sit'i
referenced to data established by survey control points.
Fw\,ecord benchmark locations, with horizontal and vertical data, on Proje
Record Documents. i
D. Existing Utilities and Equipment: The existence and location of underground a
other utilities and construction indicated as existing are not guaranteed. Befo
beginning site work, investigate and verify the existence and location
underground utilities and other construction. I
Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water -service piping.
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.
Advise entities engaged in construction activities of marked lines and
levels provided for their use.
3/17/2014 GENERAL CONDITIONS -112
2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1 Record deviations from required lines and levels, and advise Project
Management when deviations that exceed indicated or recognized
tolerances are detected. On Project Record Drawings, record deviations
that are accepted and not corrected.
Z 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 pavemen
I
stakes for grading, fill and topsoil placement, utility slopes, and invert elevationsl
1V Building Lines and Levels: Locate and lay out batter boards for structurer.
building foundations, column grids and locations, floor levels, and control lin
and levels required for mechanical electrical work. I
E. Existing Utilities: Furnish information necessary to adjust, move, or relocam
existing structures, utility poles, lines, services, or other appurtenances located
or affected by construction. Coordinate with local authorities having jurisdiction.1
3/17/2014 GENERAL CONDITIONS -113
SUMMARY
A. Section includes:
mmmam=,
A. Project Management 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 Project Management staff as needed.
Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The Architect and the Owner's Representative may attend meetings to ascertain
that the Work is expedited consistent with the Contract Documents and
construction schedules.
3. PRE -CONSTRUCTION MEETING
A. Location: A central site designated by Project Management.
B. Attendance:
1. Monroe County Project Management designee.
2. The Architect and his professional consultants (as required).
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
& Others as appropriate.
3/17/2014 GENERAL CONDITIONS -114
I Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
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.
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a periodic scheduled meeting.
8. Location of the meetings: A central site designated by Project Management,
typically it will be at the project site.
C. Attendance:
1. Monroe County Project Management designee
2. The Architect 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.
3/17/2014 GENERAL CONDITIONS -115
,fly&l-sm [Q V am kyj FTI 04 L61:44
12. Maintenance of quality standards.
13. Pending changes, substitutions and Change Order Requests (COR).
14. Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
15. Other business.
E. Revisions to minutes:
1 Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2, Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
3/17/2014 GENERAL CONDITIONS -116
ETZII��
79_,Tffidnere�BIII
1.1 SUMMARY
A. Section includes:
1 - The Contractor shall submit to Project Management, shop drawings,
product data, certifications and samples required by the technica�
sections.
2. The Contractor shall prepare and submit a separate schedule listin*
dates for submission and dates for review.
1 . Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample requirements.
A. The Contractor shall submit within ten (10) days of award of the Contract, and
prior to proceeding with the site work, a preliminary "Submittal Schedule" to
Project Management for review, modification and response. No payment
applications will be processed prior to finalizing the submittal schedule. The
"Submittal Schedule" shall contain the following information for all required
submittals:
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., sample, test data, shop drawing,
etc.).
B. The Contractor shall also supply the following dates in order to meet the projecl!
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 Project Management should be
aware of.
CThe Contractor shall allow a minimum of two (2) weeks for review of submittal by
Project Management (in calendar days).
3/17/2014 GENERAL CONDITIONS -117
�_Al �*; + @ LYTA1111;4,21
D. The submittal master record will then be used to track submittals within the
process.
I 1119�li m Is] = 91 :IMIXTILY1 10
A. Provide shop drawings as complete legible submittals (no partial sets) on origi
drawings or information prepared solely by the fabricator or supplier. Deviat
from complete submittals will only be allowed by pre -arranged method. 1i
.9100 �46 �-* 9�011VXIIT41[1 ! 11 �! _ 0 0 0 • 0 0
Sheet sizes shall be the same for all sheets and shall not exceed the size of t
Contract Drawings. I
D, Each print shall have blank spaces large enough to accept 4" x 4" review stam
of Project Management and the Contractor. I
E. Each print shall carry the following information:
1. Project name and contract number.
2. Date.
3. Names of:
a. The Architect
b. Project Management
C. The Contractor
d. Supplier
e. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Contractor to verify that product meets or exceeds applicable standards
listed in document.
9. Identification of deviations from Contract Documents.
10. Reference to construction drawings by drawing number and/or detain
number.
F. The contractor shall submit seven (7) sets to Project Management. Project
Management will check the submission and forward five (5) sets to the
Contractor. After corrections are made, the requested number of sets of shop
drawings issued "For Construction Use" will be distributed to Project
Management and other trade contractors by the Contractor prior to the start of
the Work.
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to Project Management. Submit seven (7)
copies of product data to Project Management.
B, Modify product data sheets to delete information which is not applicable to the
Project. Provide additional information if necessary to supplement standard
inforu,2,tion.
3/17/2014 GENERAL CONDITIONS -118
C. The contractor shall submit seven (7) sets to Project Management. Project
Management 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.
W1. -ups as required by the technical sections, at the Project Site in*s-
Construct mock
location designated by Project Management. Construct mock-ups, includi
adjacent work required, to demonstrate the final appearance of the Work.
d (1) will in -
The contractor shall submit (3) samples to Project Management and (1) will
returned to the contractor after review/return from • Management. i
A- Provide certifications as required by various technical sections on the
Contractor's letterhead stationery. Certifications shall •- identified to this Project,
dated and • Contractor's • in the same • used • the
Owner/Contractor agreement.
Clearly identify the materials referenced and state that the material and ffrz_
intended installation methods, where applicable, are in compliance with t
Contract !• Attach manufacturer's •. where applicable .
The Contractor shall submit one (1) original and six (6) copies to Projeg&
Management. Project Management will retain two (2) sets and the balance
returned to the Contractor after review.
A. Before making submittals '.• Project .•- 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 Project Management for review. Return submittals not meeting
Contract requirements to subcontractors and do not forward such submittals tis
Project .•'`
B. Submit catalog sheets, product data, shop drawings and where specified, submit
calculations, material samples, color chips or charts, test data, warranties and
• all at the same time for each submittal item.
Clearly identify on the submittal and transmittal to Project Management in writirm
• deviations in ♦ from the requirements ♦ the Contract Documents. §
E. After Project Management'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.
3/17/2014 GENERAL CONDITIONS -119
F. i• •'; •-• the • which requires • until return • • with
Project Management's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by Project Management's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements
the Contract Documents is not relieved by Project Management review
submittals unless Project Management gives written acceptance of specif
deviations. I
A. Project Management will review submittals with reasonable promptnes"s
checking only for conformance with the design compliance of the Project 'al
compliance with information given in the Contract Documents.
B. Project Management will make changes or notations directly on the submitt
identify such review with his review stamp, •r and record the Record Fi
copy and return the submittal to the Contractor, with copies to Proje
Management.
C. Project .•` will return to the Contractor, without review, all submittl
not bearing the Contractor's review stamp or not showing it has been review
• the Contractor.
3/17/2014 GENERAL CONDITIONS -120
ARTICLE 27
i 1 Ni -XIEJIIWI�T�
WIT".1-duerefigimp
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 Project Managemen)
for approval, construction progress schedules for the work, with sub -
schedules of related activities which are essential to its progress. Alst
incorporate manpower loading related to each activity on the construction
schedule.
2Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
IWANNC�_
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Project Management.
1.3 CONTENT
X Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
.c
.W. Identify work of separate stages and other logically grouped activities.
D, Submit separate schedule of submittal dates for shop drawings, product data,
and samples, including the Owner furnished products and products identified
under allowances and dates reviewed submittals will be required from the
Architect. Reference Section 01301 - Submittals.
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
3/17/2014 GENERAL CONDITIONS -121
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.
Other identifiable •
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.5 SUBMITTALS
A. Submit initial schedules within seven (7) days after receipt of the Contract Noti6rA
• Proceed. I
III W-r-MIRM PIMINFUL900 * ' - to - a
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1 . •• site file.
2. Subcontractors.
3- Other concerned •:
1. Instruct recipients to report promptly to the Contractor, in writing, any problenM
anticipated by the projections shown in the schedules. I
Note: It is not incumbent upon Project Management to notify the Contractor when to
begin, to cease, or to resume work nor to give early notice of faulty or defective
work, nor in any way to superintend so as to relieve the Contractor of
responsibility or of any consequence of neglect or carelessness.
3/17/2014 GENERAL CONDITIONS -122
6_A�1=19191 • 1 1
."A
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1 The Schedule of Values allocated to the various portions • the '•.r
shall be submitted to Project Management within three (3) days after
Notice to Proceed.
2. No item in the Schedule • Values shall exceed $25,000.00 • prior
approval from Monroe • Project .•
3. Upon request • Project Management, revise and/or ••• the values
with • which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
`• •
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.
A. • -• on AIA G703 Form; the
automated printout will be considered by
Contractor's request. •- schedule with:
1 . Title • Project and location
2. • itect/Eng i neer
3. Name and Address • the Contractor
4. Contract designation
5. Date of submission
Contractor's standard • and
Project .•- upon the
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:
3/17/2014 GENERAL CONDITIONS -123
1 Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. For items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
C. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub -schedule for each separate stage of work specified in
Section 00300.
A. After review by Project Management, revise and resubmit schedule (a
Schedule of Material Values) as required. I
ff;"STIIRTIMW=��
3/17/2014 GENERAL CONDITIONS -124
10"IWALS010 - - _
1.1 SUMMARY
A. Section includes:
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ADaily 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.
3/17/2014 GENERAL CONDITIONS -125
M
71,T574 W 71 NMI �X I �e 11M I t &I
A. Daily Reports are to be submitted to Project Management at the regularly
scheduled Project Meetings. Contractors are to submit the original of their
report, and should keep a copy for their records. Project Management
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.
3/17/2014 GENERAL CONDITIONS -126
:� � � i l • i i i i. � i
7
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:
3/17/2014 GENERAL CONDITIONS -127
ARTICLE 30
mri 4pi 70ruizy %Twl•PM%" &!AxaQ
FEHIZEKCITXZ�s- III
1.1 SUMMARY
A. Section includes:
11Notification to Architect and Project Management in the event errors, field
conflicts, and omissions are found in the Contract Documents, or
clarifications are necessary.
2. Utilization of (RFI) form.
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of Arch itect/Eng i neer and Project Management
immediately. If clarifications are necessary, the request is to be conveyed to
Arch itect/Engineer and Project Management. Arch itect/Eng i nee r and Project
Management 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 Gener
Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Condition
when formal correspondence is required for formal notification of ti
extensions, and for cost change notifications. I
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.
5•�
3/17/2014 GENERAL CONDITIONS -128
ATE
RFI
PROJECT
FROM
PHONE
T
PHONE
DESCRIPTION
CONTRACTOR
ADDRESS
FAX CELL
ARCHITECT
ADDRESS
FAX CELL
CONTRACTOR E TIN
COSTI PACT
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NAME DATE
NAME DATE
3/17/214
GENERAL CONDITIONS -129
0111-3 III I WAKS Z 0
K, Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply
this Section, i
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.
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 installati
procedures, not production of standard products. i
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.
2Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E, Related Sections: The following Sections contain require that related to this
Section:
1 Division 1 Section "Cutting and Patching" specifies requirements for
repair and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
3/17/2014 GENERAL CONDITIONS -130
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.
Where individual Sections specifically indicate that certain inspections,
tests, and other quality -control services are the Contractor's responsibili
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 tLw
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re -testing: The Contractor is responsible for re -testing where results of
inspections, tests, or other quality -control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
The cost of re -testing construction, revised or replaced by the Contractor,
z
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C, Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provided reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limitei
to, the following:
1 Provide access to the Work.
2Furnish 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.
V. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
3/17/2014 GENERAL CONDITIONS -131
-tierformance of the agency's duties. The testing agency shall provide qualified
'tersonnel to perform required inspections and tests.
I The agency shall notify the Project Management 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.
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 Project Management. 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.
9. 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.
1. Name and signature of laboratory inspector.
M. Recommendation on re -testing.
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 thai
specialize in the types of inspections and tests to be performed.
Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
3/17/2014 GENERAL CONDITIONS -132
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 a
Patching". I
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.
3/17/2014 GENERAL CONDITIONS -133
ARTICLE 32
79-ITMIEFETWIMM
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
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Section 01800 - SOIL BORING DATA
-C Individual Specification Sections: inspections and tests required, an,#
standards for testing.
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.
1. Employment of testing laboratory shall in no way relieve the Contractor of
obligation to perform the Work in accordance with requirements of the Contract
Docum&tts.
B. Testing laboratory staff: maintain a full time registered Engineer on staff•
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.
3/17/2014 GENERAL CONDITIONS -134
lim]
W
W.
A.
B.
C.
D.
E.
Meet "Recommended Requirements for Independent Laboratory Qualificatior?,u
published by American Council of Independent Laboratories. I
Test samples of mixes.
Provide qualified personnel at the Site. Cooperate with the Project Management
and the Contractor in performance of services.
Perform specified inspection, sampling, and testing of products in accordance
with specified standards.
Ascertain compliance of materials and mixes with requirements of the Contract
Documents.
Promptly notify Project Management and the Contractor of observed irregularities
or non-conformance of the Work or products.
F. Perform additional inspections and tests required by the Project Management.
TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to Project Management and Contractor.
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 Project Management, provide interpretation of test results.
LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
D. The testing laboratory has no authority to stop the Work.
3117/2014 GENERAL CONDITIONS -135
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 Project Management 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.
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.
3/17/2014 GENERAL CONDITIONS -136
ARTICLE 33
PRIEFE21EUCE STAVDARDSAVD-DEEIVEDOUR
190:4 ffi me]: a ilk 11: 117a1
i M a 0 0 9.4 a W-AVIIIIN 10101010111 ly� 11: 10 1
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specifications Sections, apply to
this Section.
MENFOWNINUO-M
A. General: Basic Contract definitions are included in the conditions of this
Cottract.
1, Indicated: The term "indicated" refers to graphic representations, notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
terms such as "shown", "noted", "scheduled", and "specified" are used, it is to
help the reader locate the reference; no limitation on location is intended.
C. Directed: Terms such as "directed", "requested", "authorized", "selected",
"approved", "required", and "permitted" mean "directed by Project Management"
"requested by Project Management", and similar phrases.
D. Approve: The term "approved", where used in conjunction with Project
Management's action on the Contractor's submittals, applications, and request
is limited to Project Management's duties and responsibilities as stated in the
Conditions of the Contract.
ERegulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations."
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and simil
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended
an employee, suiXontractor, Of U011Ud(;LU1 U1 JU,:,Zrtjl tler 1()r PU[FU(
,#,,f 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.
3/17/2014 GENERAL CONDITIONS -137
I I-YTIVI Bi so [*I Zi a ON I*] :a : I
1 The term "experiencedwhen used with the term "Installer", means
having a minimum of five previous projects similar in size and scope to
this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and may or may not be identical with the description of the land on
which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-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 explainef
as follows:
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 shal'
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.
3/17/2014 GENERAL CONDITIONS -138
0 W 0 y.
a. The words "shall be" shall be included by inference wherever a
colon () is used within a sentence or phrase.
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 Project Management 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 Project Management for a decision before
proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1 Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries. I
I rade 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
* migie-,m, believed but are not assured to be accurate and up-
to-date as of the date of the Contract Documents.
W
3/17/2014 GENERAL CONDITIONS -139
AABC Associated Air Balance Council
AAMA American Architectural Manufacturers
AAN American Association of Nurseymen
(See ANLA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
Al Asphalt Institute
AIA
The American Institute of Architects
AISC
American Institute of Steel Construction
AITC
American Institute of Timber Construction
ALA
American Laminators Association
ALSC
American Lumber Standards Committee
AMCA
Air Movement and Control Association International, Inc.
ANLA
American Nursery and Landscape Association
ANSI
American National Standards Institute
APA
APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA
Architectural Precast Association
ARIVIA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASIVIE American Society of Mechanical Engineers
ASPA American Sod Producers Association
(See TPI)
3/17/2014 GENERAL CONDITIONS -140
ASTM American Society for Testing and Materials
AWI Architectural Woodworkinstitute
AWPA American Wood Preservers' Association
AS 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)
HA 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
VELA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
3/17/2014 GENERAL CONDITIONS -141
9
FOM99
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
Federal Government Agencies: Names and titles of Federal Government standards -or
-specification-producing agencies are often abbreviated, The following abbreviations ani,
?cronyms referenced in the Contract Documents indicate names of standards -or
gpecification-producing agencies of the Federal Government. Names and addresses
-2re subject to change and are believed, but are not assured, to be accurate and up-to-
,Oate as of the date of the Contract Documents.
Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
3/17/2014 GENERAL CONDITIONS -142
•
19 :11 IT, I ;L91
FERIMBEre�; W,
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. Field office for the Contractor's personnel.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public safety.
6. Project sign.
B. Related Work:
1 Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities: N/A
1. Pmvide a field GffiGe adeqi ate iR size and aGG9FnFnedati9R fGF
(;eRtFaGtGF'6 effiG86, supply, and 6t9Fa9,,—,
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.
3/17/2014 GENERAL CONDITIONS -143
TAI I N m Me N a & "T 91 V FaM, ra t U91: MOO &V I N wa I
A, Provide and maintain for the duration of construction all scaffolds, tarpaulin' -
canopies, warning signs, steps, platforms, bridges, and other temporary
construction necessary for proper completion of the Work in compliance will
pertinent safety and other regulations.
Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
A. Provide and maintain for the duration of construction a temporary fence oa
barricade of design and type needed to prevent entry onto the Work by t
public. I
.ANN"
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.
3/17/2014 GENERAL CONDITIONS -144
gu' rpm � '.. . .g I g 6-1
304JIM
A01 Z R2 IMA I L"•
1.1 SUMMARY
A. Section includes:
1 . Construction aids
0.t. Temporary enclosures
I I g 111 11 11
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.
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 Project
Management 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 Project Management 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.
I he foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
2.3 TEMPORARY ENCLOSURES 1
3/17/2014 GENERAL CONDITIONM
sm
A. The Contractor shall be responsible for installing the permanent closure in
opening in an exterior wall shall be responsible for installing, maintaining, a
removing, as the Work progresses, a temporary weather -tight enclosure for th
opening as necessary to provide acceptable working conditions, to provi
weather protection for interior materials, to allow for effective temporary heati
and/or cooling, and to prevent entry of unauthorized persons. I
1. The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by Project
Management.
2. Temporary enclosures shall be removable as necessary for the Work and
• handling of materials.
3. Temporary enclosures shall • completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, • and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation • 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 Artic[M-
10 • the General Co-tditio-ms. a
3/17/2014 GENERAL CONDITIONS -146
ARTICLE 36
ACCESS ROADS AND PARKING AREAS
A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back -
and compact his excavation and resurface the road or parking area to match t -
existing surface. The Contractor shall comply with all applicable Specificatio
when so doing. I
11 [a] 4:8k
I I =I 711: Z610,
211:4fifle�l1-W7Al■
iii'll I Fill! lil " I �i IN
01• •.
1 .
Water control
2.
Dust control
3.
Erosion and sediment controV
4.
Pollution control
ff �60 �*T �41-.
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.
91 ki 0 0 111111110- 11 R4 I WOU I 1 1041
A. Execute the Work by methods to minimize raising dust from construction
operations.
3/17/2014 GENERAL CONDITIONS -147
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.
1.5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge • noxious, • substances, and pollutants
produced • construction operations.
3/17/2014 GENERAL CONDITIONS -148
A. The Contractor furnish, install, and maintain a temporary field office if required
by Project Management for his use, the use of his employees, and the use of
Project Management during the construction period. The location of the Field
Office shall be determined by Project Management.
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 Project Management. The type, size and location of field offices and sheds
is subject to approval by Project Management.
D. The Contractor shall arrange and pay for •• 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 Project
Management, 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 Project Management. The Contractor shall remove all debris
and rubbish and shall place the area in a clean and orderly condition.
3/17/2014 GENERAL CONDITIONS -149
ARTICLE 39
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
1. Cleaning during progress of work.
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to • with codes, ordinance
regulations, and anti -pollution laws. I
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 •f • sanitary •
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
• the surface material to • cleaned.
C. Use cleaning materials only • surfaces recommended • cleaning mated
manufacturer. i
V Sweeping compounds used in cleaning operations shall leave no residue of
• floor surfaces that may affect installation •:. finish flooring materials.
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.
3/17/2014 GENERAL CONDITIONS -150
C. Dispose of waste materials, debris and rubbish off site at a state permitted
disposal site.
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by Project Management. 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 • coffee •..' 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 • trash due to wind relocation. Full trash containers shall • disposed and
replaced as necessary to maintain above requirements and/or as directed by
Project Management.
I LN401 FaLl I I
V-11 W-0 0 9 0
1 . Products
2. Transportation and handling
3. Storage and protection
4- Security
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. •• ••- not include machinery anut
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.
INHECZM��
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 • The Contractor shall be responsible for coordinating
3/17/2014 GENERAL CONDITIONS -151
the installation within the buildings of equipment that is too large to pass through
finished openings.
13Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requiremen
quantities are correct, and products are undamaged. I
Irl. Provide equipment and personnel to handle products by methods to preveM
soiling, disfigurement, or damage. I
I IIIE �-V 063 ON 192 N 1100MAWGI R I
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.
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3/17/2014 GENERAL CONDITIONS -152
ARTICLE 41
17LA"bik
FMTNVME��
1.1 SUMMARY
A. Section includes:
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.
Substitutions will not be considered for acceptance when:
3/17/2014 GENERAL CONDITIONS -153
1 A substitution is indicated or implied on shop drawings or product da
submittals without a formal request from Proposer.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of Project Management the substitution request does n 0
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 Proje
Management. 'I
F Project Management will determine acceptability of proposed substitutiong
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 producli
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
Contract, but not:
a. Costs under separate contracts.
b. Project Management's costs for redesign or revision of Contrac!
Documents.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
3/17/2014 GENERAL CONDITIONS -154
POST -PROPOSAL SUBSTITUTION FORM
TO: Project Management
We hereby submit for your consideration the following product instead of the specified item for
the above project:
DRAWING NO: DRAWING NAME:
Nonlimm I
PARAGRAPH SPECIFIED ITEIT1
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.
Signature Title
Firm
Address
Telephone Date
Signature shall be by person having authority to legally bind his firm to the above terms. Failure
to provide legally binding signature will result in retraction of approval.
For use by the Architect: For use by the Owner/Proj. Mgmt.:
Recommended Recommended as noted Approved
Not Recommended Received too late Not Approveif
Insufficient data received
By:
M_
000M��
3/17/2014 GENERAL CONDITIONS -155
I'llif-AVI&I MW 1*] :4 = LVA FTA 104 101 1:44
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:
19
Manufacturer's warranties of the proposed and specified items are:
Same Different. Explaim
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
Vn— a 4
0103011!13 "r., .
a . a . 1158r.-—
3/17/2014 GENERAL CONDITIONS -156
URA
PARTI--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.
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.
A. Include within the Contractor's quality assurance program such procedures as
are required to assure full protection of work and materials.
A. Except as otherwise approved by Project Management, determine and comply
with manufacturers' recommendations on product handling, storage, and
protection.
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 unti'
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. Project Management may reject as non -complying such material and products
that do not bear identification satisfactory to Project Management as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are handled.
B. Provide protection for finished floor surfaces in traffic area prior to allowing
equipment or materials to be moved over such surfaces.
3/17/2014 GENERAL CONDITIONS -157
I -
Maintain finished surfaces clean, unmarred, and suitably protected until accepted
by the Owner.
A. In event of damage, promptly make replacements and repairs to the approval of
Project Management and at no additional cost to the Owner.
BAdditional time required to secure replacements and to make repairs will not be
considered by Project Management to justify and extension in Contract Time of
Completion.
3/17/2014 GENERAL CONDITIONS -158
ARTICLE 43
IR701zflm!�
V*ART 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
A. Contractor shall submit to Project Management 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 Project Management will prepare a Certificate of Substantial Completion
accompanied by the Punch List of items to be completed or corrected, as
verified and amended by Project Management. Contract responsibilities
are not altered by inclusion or omission of required Work from the punch
list.
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the certificate.
3/17/2014 GENERAL CONDITIONS -159
•
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.
13 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:
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.
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
3/17/2014 GENERAL CONDITIONS -160
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
CThe Owner will prepare a final Change Order, reflecting adjustments to the
Contract Sum which were not previously made by Change Orders.
A. The Contractor shall submit the final Application for Payment in accordance with
procedures and requirements stated in the Conditions of the Contract.
--------- 3/17/2GENERAL E0ERALCOM[}|T|DNS -101
ARTICLE 44
FINAL CLEANING
PART I - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor's cleaning at completion of Work
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti -pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and
other foreign materials from sight -exposed interior and exterior surfaces.
C. Polish glossy surfaces to a clear shine.
D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds.
3/17/2014 GENERAL CONDITIONS -162
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 • 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 durirT.,-A,
construction. I
3/17/2014 GENERAL CONDITIONS -163
ARTICLE 45
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
9- 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 Project Management.
E. Failure to maintain documents up-to-date will be cause for withholding payments.
F. Obtain from Project Management (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:
3/17/2014 GENERAL CONDITIONS -164
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 -
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".
1 Project Management may waive requirements of schematic layoui
conversion, when in his opinion, it serves no beneficial purpose. Do not,
however, rely on waivers being issued except specifically issued by
Project Management in writing.
A. At completion of Project, deliver Project Record Documents to Project
Management prior to request for final payment.
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.
3/17/2014 GENERAL CONDITIONS -165
3/17/2014 GENERAL CONDITIONS -16
ARTICLE 46
0 P E
1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION ANIF
MAINTENANCE DATA;
A. Section includes:
1 . Format and content of manuals
2. Schedule of submittals
1. SECTION 01301 - SUBMITTALS
2. SECTION 01700 - CONTRACT CLOSEOUT
3. Individual Specifications Sections: specific requirements for operation
and maintenance data.
A. Prepare instructions and data by personnel experienced in maintenance and
operation of described products.
1.3 FORMAT
A. Prepare data in the form of an instructional manual.
B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback,
cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are
used, correlate data into related consistent groupings.
C. Cover: identify each binder with typed or printed title OPERATION AND
MAINTENANCE INSTRUCTIONS; list title of the Project and separate building;
identify subject matter of contents.
D. Arrange content by systems under Section numbers and sequence of Table of
Contents of these Specifications.
E. Provide tabbed fly leaf for each separate product and system, with typed
description of product and major component parts of equipment.
F. Text: manufacturer's printed data, or typewritten data on 20 pound paper.
G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold
larger drawings to size of text pages.
14 CONTENTS, EACH VOLUME
A. Table of Contents: provide title of the Project; names, addresses, and telephone
numbers of Project Management, consultants, and the Contractor with name of
3/17/2014 GENERAL CONDITIONS -167
responsible parties; schedule of products and systems, indexed to content of thg
volume.
BFor each product or system: list names, addresses and telephone numbers of
subcontractors and suppliers, including local source of supplies and replacement
parts.
C. Product data: mark each sheet to clearly identify specific products and
component parts, and data applicable to installation. Delete inapplicable
information.
D, Drawings: supplement product data to illustrate relations of component parts of
equipment and systems, to indicate control and • diagrams. R• not use the
Project Record Documents as maintenance drawings.
E. Type text: as required to supplement product data. Provide logical sequence of
instructions for each procedure, incorporating manufacturer's instructions.
F. Warranties and bonds: bind in copy of each.
1.5 MANUAL FOR MATERIALS AND FINISHES
A. Building products, applied materials, and finishes: include product data, with
catalog number, size, composition, and color and texture designations. Provide
information for re -ordering custom manufactured products.
B. Instructions for care and maintenance; include manufacturer's recommenclatiorm
for cleaning agents and methods, precautions against detrimental agents a
methods, and recommended • for cleaning and maintenance. ri
C. Moisture protection and weather exposed products: include product data listirE
applicable reference standards, chemical composition, and •- • installatio
Provide recommendations for inspections, maintenance, and -•.i I
D. Additional requirements; as specified in individual product specification Sections.
1.6 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Each item of equipment and each system: include description of unit or system,
and component parts. Identify function, normal operating characteristics, and
limiting conditions. Include performance curves, with engineering data and tests,
and complete nomenclature and commercial number of replaceable parts.
B. Maintenance requirements: include routine procedures and guide for trouble-
shooting; disassembly, repair, and re -assembly instructions; and alignment,
adjusting, balancing, and checking instructions.
C. Provide servicing and lubrication schedule, and list of lubricants required.
D. Include manufacturer's printed operation and maintenance instructions.
3/17/2014 GENERAL CONDITIONS -168
E. Provide original manufacturer's parts list, illustrations, assembly drawings, and
diagrams required for maintenance.
F. Provide the Contractor's coordination drawings.
G. Provide list of original manufacturer's spare parts, current prices, and
recommended quantities to be maintained in storage.
H. Include test reports.
I. Additional requirements: as specified in individual product specification Sections.
J. Provide a listing in Table of Contents for design data, with tabbed fly sheet and
space for insertion of data.
HVAMNRW��
A. Submit two copies of operation and maintenance data for review by Project
Management prior to Final Inspection. One copy will be returned with comments.
B. Submit the required number of copies per each Specification Section or two (2)
copies each if not specified of approved data in final form within ten (10) days
after Final Inspection.
C. For equipment or component parts of equipment put in service during
construction and operated by the Owner, submit operation and maintenance data
within ten days after acceptance.
Submit two copies of approved revised volumes of data in final form within ten
(10) days after final inspection.
3/17/2014 GENERAL CONDITIONS -169
,
rwART 1 — GENERAL
1.1 RELATED DOCUMENT!
A. Drawings and general provisions of the Contract, including General ara
Supplementary Conditions and other Division 1 Specification Section
apply to this Section. I
A. This Section •- .• and procedural requirements for the
Contractor for warranties required by the Contract Documents, including
manufacturer's standard warranties on products and special warranties.
1 . Refer to the General Conditions for terms of the Contractor's
period for correction of the Work.
B. Related Sections: The following Sections contain requirements that
relate to this Section:
1 Division 1 Section "Submittals" specifies procedures for submitting
warranties.
2. Division 1 Section "Contract Closeout" specifies contract closeout
procedures.
3. Division 2 through 16 Sections for specific requirements for
warranties • products and • specified to • warranted.
4. Certifications and other commitments and agreements for
continuing services to Owner are specified elsewhere in the
Contract Documents.
C- Disclaimers and • Manufacturer's disclaimers and limitations
• product warranties do • relieve the Contractor or the warranty •' thl.-
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
Co-itractor.
D. Separate Prime Contracts: Each prime contractor is responsible for
warranties related to its • contract.
A. Standard products warranties are preprinted written warranties publi.�hEje
by individual manufacturers for particular products and are specifically
endorsed by the manufacturer to the Owner. I
3/17/2014 GENERAL CONDITIONS -170
IV N 7. rol --.T: I X F-11 01 ro. ,
B. Special warranties are written warranties required by or incorporated ir
the Contract Documents, either to extend limits provided by standard
warranties or to provide greater rights for the Owner.
A- Related Damages and Losses: When correcting failed or damaged
warranted construction, remove and replace construction that has been
damaged as a result of such failure or must be removed and replaced to
provide access for correction of warranted construction.
B. Reinstatement of Warranty: When Work covered by a warranty has failed
and been corrected by replacement or rebuilding; reinstate the warranty
by written endorsement. The reinstated warranty shall be equal to the
original warranty with an equitable adjustment for depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty
has failed, replace or rebuild the Work to an acceptable condition
complying with requirements of the Contract Documents. The Contractor
is responsible for the cost of replacing or rebuilding defective Work
regardless of whether the Owner has benefited from use of the Work
through a portion of its anticipated useful service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in
addition to implied warranties and shall not limit the duties, obligations,
rights, and remedies otherwise available under the law. Expressed
warranty periods shall not be interpreted as limitations on the time in
which the Owner can enforce such other duties, obligations, rights or
remedies.
E. Where the Contract Documents require a special warranty, or similar
commitment on the Work or part of the Work, the Owner reserves the
right to refuse to accept the Work, until the Contractor presents evidence
that entities required to countersign such commitments are willing to do
so.
A. Submit written warranties to Project Management prior to the date
certified for Substantial Completion. If Project Management's Certificate
of Substantial Completion designates a commencement date for
warranties other than the date of Substantial Completion for the Work, or
a designated portion of the Work, submit written warranties upon request
of Project Management.
BWhen the Contract Documents require the Contractor, or the Contractor
and a subcontractor, supplies manufacturer to execute a special
warranty, prepare a written document that contains appropriate terms and
identification, ready for execution by the required parties. Submit a draft
to the Owner, through Project Management, for approval prior to final
execution.
3/17/2014 GENERAL CONDITIONS
SH
:T—AVN■OW [61:4 M ky, FTAI 011*] ZAA
Refer to Divisions 2 through 16 Sections for specific content
requirements and particular requirements for submitting special
warranties.
C. Form of Submittal: At Final Completion compile 2 copies of each require4
warranty properly executed by the Contractor, or by the Contractor,
subcontractor, supplier, or manufacturer. Organize the warranty
documents into an orderly sequence based on the table of contents of the
Project Manual.
paper.
1 . Provide heavy paper dividers with celluloid covered tabs for eac
separate warranty. Mark the tab to identify the product or
installation. Provide a typed description of the product or
installation, including the name of the product, and the name,
address, and telephone number of the Installer.
2. Identify each binder on the front and spine with the typed or
printed title "WARRANTIES", Project title or name, and name of
the Contractor.
3. When warranted construction requires operation and maintenan, -
manuals, provide additional copies of each required warranty, as
necessary, for inclusion in each required manual. I
V1 7/2014 GENERAL CONDITIONS
mo
OF THE FLORIDA KEYS
DESIGN BUILD CONTRACTORS
Wli
ill
Key West, FL 33040
Subject: Proposal
We hereby propose to furnish materials, equipment and perform the labor necessary to complete the items
listed in the attached Scope of Work from Doug Sposito dated 2/20/2014.
Bay Shore Manor Estimate
3/17/2014
1 - ELECTRICAL
11 Electrical (See Electrical Proposal)
U Electrical Screened Porch Removal/Replace
2 -TERMITE TREATMENT
21 Powfele-Samweqfeatraeut
2.2 Pfevicle-Te"
2.3
3 - Landscape
3A Remove Tree Stump 6" Below Grade
4 - Plumbing
4A Provide code compliant hurricane pedestal/hold downs for propane tank
42 Relocate propane tank to code compliant distances from ail windows, structures,
electrical service etc....
4.3 Remove all obsolete gas piping at kitchen and exterior
4,4 Replace interior flex pipe with properly secured code compliant gas pipe
4,5 Properly vent interior 2" PVC plumbing thou roof at storage closet
4,6 Repair/replace 2" cleanout at north side exterior above grade only
5 - HVAC
5A Replace all interior ceiling grills with new
5.2 Replace wall registers with new
$25'815.00
$21,815.00
$4,000.00
$040
$0.00
$0.00
$500.00
$500.00
$5,000.00
$1000.00
$2,000,00
$500.00
$500.00
$500.00
$500,00
$87100
$650,00
$225.00
Page 1 of 3
S Vlpi'4Suppression
(Black Fire Supplies Permit)
7 - Suspended Celfing
71 Replace all Calling tiles with similar
7.2 Replace all damaged grid assembly as necessary
7.3 Replace all recessed light lens with matching
7,4 (See Item 5 A)
7.5 Provide protection of furniture, personal items and clean up
7.6 Coordinate with staff to minimize impact on residents
8 - Exterior Porches
8-1 Demo all existing exterior wood screen porches to include fire suppression,
electrical, plumbing, storage closets, alarm etc,..
82 Replace exterior screen porches with aluminum frame to match
(Provide shop drawing submittals)
M Provide code compliant, alarm, exit signage, fire suppression act.,..
8,4 Provide new steel frame with weather resistant siding storage closets at each porch
M Provide exterior wall paint at porches
8,6 Provide exterior floor sealer at porches
8.7 Repair stucco cracking at west side interior/exterior wall
8.9 Provide all permits, fees, testing, shop drawings, engineering, clumpster
port -a -potty as required for the job
$9,750-00
$14,350.00
6500 sci ft $9,950.00
$2,000.00
$800,00
$1,600.00
$58.625-00
$6,000.00
$29,500.00
I
Port -potty
3 me
$375.00
Dumpster
8clumps $600
$5,000.00
Permits
$5,000,00
80 pieces@$15
8.9 Exterior Soffit
640 If each
$4,000,00
$15.600.00
Superintendent (Not to Exceed)
13 Weeks @ $1,200
$15,600,00
Subtotal
$130,515.00
O/H 9%
$11,746,35
subtotal
$142,261.35
Profit 9%
$12,803,52
Subtotal
$d 55,064,87
Bond 2%
$2,101.30
TOTAL
$158,166,00
Page 2 of 3
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ST-1 OP ID: CH
CERTIFICATE OF LIABILITY INSURANCE
70DATE(MMraorvvvv)
12012014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INU(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE OLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements).
PRODUCR Atlant cEPaoifie-Key West NATACT
ME Rebecca N. Horan _
NE
1010 Kennedy Dr, Suite 203 (a G Ext : 30-294-7696 tal�_i�qj; W5-294-7303
KeWest, FL 33040 E-MAIL
Rebecca N. Horan _AODRgss
iNSURER(S) AFFORDING COVERAGE NAIC R
_INSURERA:Maxum Indemnity Company
INSURED Sea Tech of the FI Keys, Inc. INSURER 13: Travelers Insurance Co. 2 666
PO Box 420529
Sum eriad Key, FL 33042 INSURERC:
INSURER D
INSURER E
INSURER F :
rnVFRar;FC P`CDTICit"ATC AtI IRA DGo.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR POL•ICYEFF— POLICY ERA
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYY MMIDDfYYYY LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
I$ 1,000,000
CLAIMS -MADE ® OCCUR
GLP600255310 03101/2014
03101/2015
C'AI" ' fi t,riirrr
— -
50,000
PRLNII'_,E=_I'r recc,rr
$
MED EXP IAny one I!-:-r-;r,1:I
$
—
_
PERSONAL & ADV INJURY
1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,00
POLICY PRO-
❑
_
JECT LOC
ODUCTS- COMPlOP AGG
rEl
$ 1,000,000
rrlr
p Ben.
$ 1,000,00
AUTOMOBILE
LIABILITY
C.'NliEIME( ? 11rI I.I:.I-1r/iI
1,000,000
X
ANY AUTO
X
BA26780033 03/01/2014
03/01/2015
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
HIRED AUTOS NON -OWNED
AUTOS
.
— —
$
UMBRELLA LIAB —YCLA117AS-MADE
EACH OCCURRENCE
EXCESS LIAB _
_$
AGGREGATE
Is
)EL ;.F-TEFIrION F.
$
WORHERSCOMPENSATION
1'-r T19
AND EMPLOYERS' LIABILITY YIN
trl F. FR
ANY PROPRIETORIPARTNERIEXFCUTIVE
OFFICERIMEMIBER EXCLUDED?
1
N i A
E L EACH ACCIDENT
$
IMandatary in NH} —
If describe under
v s.
El DISEASE - EA !t lr! r ivE=
—
$
_PERATI+-II.1::f,:.I
E L GI '•F.t',F -POLICY LIMIT 1
$
7T11)NCIF
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Contract: Bayshore Manor Emergency Repairs
r'p EMEM
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[]AYE..._ _ _? t "
WAIVER IV1A
%.MM.F_LLM I I%Jl'1
MCBCCOM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Onroe Count Board f Cdun THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
y ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West, FIL 330 ,���
•-r(2014/01) The -r name and logo.r Eg. marks of i r-r;
-=111
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t .• •- •-rr - IN•r
i> ! • fi i
' • r - f
r
•
: • r � f
r
1•'
..l1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR- fADDIJ UB PoucYEFF POLICVEXP
LTR TYPE OF INSURANCE INSR I WVD POLICY NUMBER MMIDDlYYYY MMIDOlYYYY LIMITS
GENERAL LIABILITY
4 EAON.00GURRENGE
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED $
CLAIMS MADE OCCUR
I PREMISES(Eao ""il.^.cE1
$
MED EXP (any one person) f
PERSONAL & ADV INJURY $
•
GE NERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODVI--QQMP/OPAGG- $
PRO.
POLICY JECT LOG
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANYAUTO
I (Ea accident) _
$
ALL OWNED AUTOS
BODILY INJURY(Perperson)
_
SCHEDULEDAUTOS
BODILY INJURY (Per accidertl)
$
PROPERTY DAMAGE
HIRED AUTOS
{Per accident)_
$
NON -OWNED AUTOS
$
$
UMBRELLA LIAB (OCCUR
EACH OCCURRENCE $
EXCESS LIAB CLAIMS MADE
AGGREGATE $
I--
DEDUCTIBLE III —
$
RETENTION $
Is
WORKERS COMPENSATION
X I WC STATU- OTH-
,TORY LIMITS L_ J ER
AND EMPLOYERS' LIABILITY
_
ANY PROPRIETORIPARTNERIEXECUTIVEYI y I N!A
OFFICER/MEMBER EXCLUDED? l l
4 6 - 8 8 5 7 9 2 - O 1 - 01 .03/01/2014 03/01/2015, EL.EACHACCIDENT $ 1,000,000
I
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE: $ 1,000, 000
If yes, describe under
SPECIAL PROVISIONS below
E L DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is re { � IS A- INT
Contract: Bayshore Manor Emergency Repairs f3
_
WAIVER hljA_ Y
rFR•T'IFIr®TF ii nFR CANCELLATION
SHOULD ANY OF :• r 1 POLICIES BE CANCELLED
Monroe County Board of County Commissioners
BEFORE THE EXPIRATION DIT-: THEREOF, NOTICE WILL BE DELIVERED
1 • Simonton
IN POLICY PROVISIONS.
ACCORDANCEKey
West, FL 33040
Attn: Project Manager
AUTHORIZED �
,r
60