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Item C26 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July M 2014 Division: — Public Works/Engineering Bulk Item: Yes X No Department: Project Management Staff Contact Person/Phone#: Kevin Wilson X8797 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Pedro Falcon Electrical Contractors, Inc. for the construction of a Customs and Border Protection Terminal at the Marathon Airport. Funding for this project is provided by the FDOT and matching airport funding. ITEM BACKGROUND: A bid opening was held on May 27, 2014 for Construction of the Marathon Airport Customs Facility. Five contractors responded. After the application of local preference, Pedro Falcon Electrical Contractors, Inc. was the lowest bidder. PREVIOUS RELEVANT BOCC ACTION: All previous ROCC action related to the design of the Marathon Airport Customs and Border Protection Terminal and approvals with the Architect, K2M Design, Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $1,091,407 INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: $46062 _11q1r11e1X tl" 1-1q!'NmvtLh—'ids—aftcr COST TO COUNTY: $545,704 SOURCE OF FUNDS: FDOT &Aiport funds REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year Att M/APPROVED BY: County OPurclifsing V/ Risk Managementil-1-1-- Y?/ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # PM 6 Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pedro Falcon Electrical Contract# Effective Date: 07/16/14 Expiration Date: Contract Purpose/Description: Construction of a Customs and Border Protection Terminal at the Marathon Airport .................................... .............. ................................... .................................... .................... Contract Manager: Ann Rim.................................................... . ......X4439..................... Project Merit/Stop 91 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/16/14 Agenda Deadline: 07/01/14 CONTRACT COSTS Total Dollar Value of Contract: $ 1,091,407 Current Year Portion: $ 100,000 ......................--- Budgeted'? Yes® No F] Account Codes: 403-63588-560620-GAMD73-560340 Grant: $ $650,000 County Match: $ 650,0100 ADDITIONAL COSTS Estimated Ongoing Costs: $ yr For: (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed e I cr Division Director ILI Yes[:] No Risk Management Yes[:] NoEF/ - lici O.M.B./Purcliasgig Yes7 No❑ County Attorney Yes[:] No /(1d Z, ...... Comments: OMB Form Revised 2/27/101 MCP#2 4- 4- 000000000000 z 0000000000001 C: V) W 0 0 C) 6 r� o6 r� ' ' C) L Q) NMOC) ONNMOONM y -a > 4- - mcomommNoo -l- W 0 qt Lr %6 C1 M Lti cr Lr1 oc 01 -q� N C� C� .8 > jPr-bOr ift JA 4A 4A, JA iboft"Ir JA if)--U)- 0 tj m-j mj " " W < < < LU LU LU LU LU 1 0 (J) 0 Q Ln Ln z < 0 0 < 12 cl co < a < C) < 0 LU LU co co < m < m < m < co :* u z z uj C) LU 4- a > _r_ z 94 U 4- z -0 U) LL. co 0 LA V) Ln LI) V) LU z co rA) a 4- a cl 0 0 1 &- Z eq CL COL 4- ................................. z A6 lu e- z ca x 0 LU � M 0 z A 0 tn u -2 u = Z t; 4- S- ui u LL- j o ce C-z ILO 0 0 ce M t LI; u 0 0 0 u , CL z U Z z D o 0 0� = CO 4- 1.4 uj 0 cn q u 0 =1 cw: P-4 F" U') 0 U F- U gc z u z Nz QL 4- 0 0 U) CL u w u w 7 ui uj I (f) z w LU sn-j z A: z 0 0 0 u 4- .0 U+- > lw u u 0 0 Lu 1-4 -j CL 3 = 0 U 0 CL LU C� uj LU 4- 0 ca 0 u U- > 0 E w -0 0 w 0 w 4- CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida Agreement Between Owner and Contractor Where the basis of payment is a S TIPULA TED SUM AGREEMENT Made as of the Sixteenth day of July Two Thousand and Fourteen BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcon Electrical Contractors Inc. 31160 Ave C Big Pine Key FL 33043 For the following Project: Marathon Airport Customs Facility, Guardian Ad Litem Scope of the Work Contractors Scope of Services consists of those described in Attachment A.The Contractor shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. Project Management Director of Project Management Monroe County Project Management 1100 Simonton Street Second Floor-Room 2-216 Key West, Florida, 33040 "the Architect is: K2M Design 1001 Whitehead Street Key West, Florida 33040 The Owner and Contractor agree as set forth below. Agreement Page 1 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs(Facility,Marathon Florida 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. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: 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. The Contractor shall achieve Substantial Completion of the entire Work not later than TWO HUNDRED AND FORTY(240) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shrill be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovepL of damlg2l and sole remedy for any delay caused by The Owner shall be an extension of time on the Contract. ARTICLE 4 Agreement Page 2 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of: One Million Ninety One Thousand Four Hundred and three dollars and Zero Cents Dollars ($1,091,403.00), subject to additions and deductions as provided in the Contract Documents. 4.2 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.) Alternate#1: Walk thru Metal Detector Sixteen Thousand Thirty Three Dollars and Zero Cents Dollars($16,033.00) 4.3 Unit prices, if any, are as follows: There are no unit prices 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 Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractors Applications for Payment. Agreement Page 3 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in Applications for Payment.The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the 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 shalt 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. 58 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. Final �nal Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming, Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been Issued by the Director of Project Management. Such final payment shall be made by the Owner not more Agreement Page 4 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida 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. Keys and keying schedule 7. Spare parts and maintenance materials 8. Warranties bond and guarantees 9. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies 10. Contractor shall provide two(2)hard copies in tabulated divided binders and one (1) indexed and tabulated electronic copy on CD of all the following but not limited to: 1. Project Record 'Documents (As Built Documents). 2. Operating and maintenance data, instructions to the Owner's personnel. 3. Warranties bond and guarantees. 4. Keying schedule. 5. Maintenance materials ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor,supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting Agreement Page 5 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.�03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining teem, 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 court 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 benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. Agreement Page 6 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Agreement Page 7 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that It has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cast, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a 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. Agreement Page 8 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require,to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified panty by reason of, or in connection with, (A) Agreement Page 9 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall 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. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBEs, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure 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 Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Agreement Page 10 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Insert information here). a) Drawings: A0.1.1-A01.2, A0.3.1-A0.3.2, AD2.1.1, AD2.2.1, AD3.1.1, A1.1.1, A2.1.1, A2.1.1 A, A2.2.1, A3.1.1, A3.3.1, A3.3.2,A4.1.1,A4.1.2,A4.2.1, A4.2.2,A4.3.1, A4.3.2, A4.3.3,A5.1.1, A5.1.2, A6.1.1, A6.1.1 A, A6.1.2, A6.2.1, A6.2.2„ A6.4.1, A6.4.2, A9.1.1, A9.1.1A, A9.1.2, 12.3.1, 12.3.2, M0.0.1, M0.0.2, M1.1.1, M2.1.1, M2.1.2, M3.0.1, M3.0.2, P0.0.1, P1.1.1, P2.1.1, P3.1.1, P4.1.1, E0.0.1, E0.0.2, E1.1.1, E1.1.2, E2.1.1, E2.1.2, E2.1.3, E2.1.4, E3.0.1, E3.0.2, F0.0.1, F1.1.1, F2.1.1, T0.0.1, T1.1.1, T2.1.1, T2.1.2, T3.0.1,T3.0.2, T4.0.1, T4.0.2, T4.0.3, T4.0.4, T4.0.5, T4.0.6 b) Project Manual: March 28, 2014 c) Permit Submission Specifications dated February 211, 2014 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. { .1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: i 9.,1.6 The Addenda, if any, are as follows: Number Date Pages 1 April 11, 2014 11 2 April 17, 2014 5 3 May 2, 2014 14 4 May 9, 2014 4 E101 & E301 JPEG Images 9.1.7 The Alternates, if any, areas follows: Alternate No. 1: Walk thru Metal Detector Agreement Page 11 of 14 CONTRACT FOR CONSTRUCTION Maratl+on,AllWrt Custaams Fealllty,Marathon FkwMa Sixteen Thnujgnd Thlrty Three Dollars and Zero Cents Dollars($111,053.00) Included in the contract sum. 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. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARM AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) BOARD OF COUNTY COMMISSIONERS Adeatr Amy Heavilin, Clerk OF MONROE COUNTY,FLORIDA By: By:. Deputy Clerk Mayor/Chairman Date (SEAL) CONTRACTOR PED77777 - PrintCALCONTRACTORS,S INC. Nr'14 e: Nicholas Brisson Print name: Christian Bnsson L ,.� Title: as Witness as President „w T1tle: Date: Jul 01, 2014 Date: July 01, 2014 And"TY. M C OU -i , tNEY Pry Name. Patricia J Witt BC M Tt e: as Witness �� . �� , AS � C�w aw . NTy i� �� Date. July , � BNB STATE OF FLOII'rONRaJf COUNTY OF On this 1 day of July ___.20,�,before me.the undenOgned rotary public,personally appeared Christian Brisson known to me to be the potion vdtose name is subscribed above or who produced NA an identilk:etion,and acknowledged that helstte Is the parson who executed the above connect with Monroe Courft for the Marathon Airport Customs Terminal.fbr the purposes therein contained. AA-Z2 (*p . Sturgeon ► Notarfff] ofe Print Laursturg My Commission qpd Expir My commission expires: Se Agreement P'W 12 of 1114 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida Attachment A Contractor Scope of Services 1 Project Overview Renovation of existing Airport facility for a Federal Customs Facility, Renovate existing facility to accommodate Guardian Ad Litem 2 General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. & 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 construction. H) Construction work times shall be limited to: 7:30 AM to 6:00 PM Mon-Fri Work hours may be changed by request in writing to Monroe County 1)'Afl materials shall be approved by submittal prior to commencement of work J)Obtain all Permits necessary to complete the scope of work K) Contractor shall provide a"Stipulated sum price" L) Contractor needs to be aware of weather and location and plan accordingly. M) Contractor needs to be aware of the facility, its vendors 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 &awings and specifications,which are a part of this bid package. The Contractor shall fumish all labor, supervision, materials, power, tools, equipment, supplies and any other means of Agreement Page 13 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility,Marathon Florida 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/or construction of Marathon Airport Customs Facility including the Federal Aviation Administration, Florida Department of Transportation, Monroe County Growth Management, Monroe County Building Dept., Monroe County Airport, Fire Marshall, City of Marathon, any other permitting or regulatory agencies as applicable SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package, 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Project Management prior to notice to proceed. Contractor's license shall accompany proposal. 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. . Contractor is to review General Conditions for additional responsibilities required in order to perform this Work. 4. If in the event of conflicting, or overlapping requirements in any area of the 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. b: Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. Agreement Page 14 of 14 General Of the Contract for Construction Where Project Management is Not a Constructor MARATHON AIRPORT CUSTOMS TERMINAL ........................ General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 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 11. 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 GENERAL CONDITIONS Page 1 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .............. ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 11.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by Project Management. 11,11.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between Project Management and Contractor, (3) between the Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Project Management and Architect. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1-1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Project Management. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.17 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; GENERAL CONDITIONS Page 2 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared Iby the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the 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, lif 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). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or(3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. GENERAL CONDITIONS Page 3 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... ................ ARTICLE 2 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner' means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The owner shall furnish 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 fees 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 with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished 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 Other Contractors), Article 9 (Payments and Completion) and Article 11 (insurance and Bonds), 2.3 Owner's Right to Stop the Work 2.11 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and falls 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 GENERAL CONDITIONS Page 4 of 130 MARATHON AIRPORT CUSTOMS TERMINAL . ........... .........—......... 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, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will ibe given, and contractor is required to rectify deficiency immediately. ARTICLE 3 ,CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Project Management and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Project Management or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. GENERAL CONDITIONS Page 5 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .............. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Project Management in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, (heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractor will remove and/or replace the employee at the request of 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 accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, 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 GENERAL CONDITIONS Page 6 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ................. 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 All permits and fees will Ibe contracted as a reimbursable expense. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify 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 of the Work and Project, shall be related to the entire Project construction !schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to 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 GENERAL CONDITIONS Page 7 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Project Management and Architect and shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 112.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other iinformation furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards Iby which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 112.5 The Contractor shall review, approve and submit to Project Management, in accordance with the schedule and sequence approved by Project Management, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Project Management in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3-12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project Management. Such Work shall be in accordance with approved submittals. 3.127 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by 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. GENERAL CONDITIONS Page 8 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 Cuffing 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. When structural members are involved, the written consent of Project Management shall also be 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 GENERAL CONDITIONS Page 9 of 134 MARATHONAIRPORT CUSTOMS TERMINAL 3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and (Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, 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 to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees; during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, ,contractors or invitees (other than Contractor), Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the 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. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 ArchitecVEngineer 4.1.1 The Architect and /or Engineer is the person lawfully licensed to practice architecture/engineering 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 GENERAL CONDITIONS Page 10 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 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 not 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 Administration of the Contract 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 performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 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. 4.6.4 Not used. 4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, 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. GENERAL CONDITIONS Page 11 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 4.6.6 Project Management will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Project Management nor the Architect will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Project Management, and shall contemporaneously provide the same communications to the Architect. Communications Iby and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management and shall be contemporaneously provided to the Architect. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Project Management will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Project Management. Subject to review, Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project Management considers it necessary or advisable for implementation of the intent of the Contract Documents, Project Management will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or snot such Work is fabricated, installed or completed. The foregoing authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Project Management's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. Project Management actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept GENERAL CONDITIONS Page 12 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ...........--- expressed in the Contract Documents. Project Management action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project Management, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 Project Management will provide one or more project representatives to assist in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Project Management's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations 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 both Owner and Contractor, will not show partiality to either and will not Ibe '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 lin 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. GENERAL CONDITIONS Page 13 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............ 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. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall iproceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 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 unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 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 from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. (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 imalke 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 grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 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. GENERAL CONDITIONS Page 14 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......... ............................................. 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, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 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 the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "'Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a 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 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project Management for review by the Owner and Project Management the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Project Management will promptly reply to the Contractor in writing stating whether or not the Owner or Project Management, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a Iproposed person or entity to which the Owner or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management has made reasonable objection. 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list submitted by the Contractor iin response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or GENERAL CONDITIONS Page 15 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............ .......— ___........... Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner or Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5,41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. i. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations 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 award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Project Management, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Project Management shall be held harmless for any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. GENERAL CONDITIONS Page 16 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ......................... 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Project Management any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. 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 cutting and patching as are described for the Contractor in Paragraph 3,14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify 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 extension of time requested shall be made by the Contractor to Project Management within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor Ihave 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. GENERAL CONDITIONS Page 17 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ARTICLE 7 CIHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, 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: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 722 is agreed upon, the Contractor, provided a written order signed by the Owner or Project Management is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Project Management. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each GENERAL CONDITIONS Page 18 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... ............ extra Work activity claim. Each daily force account form shall be signed by the designated Project Management representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management for inclusion into a change order. UOess otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Project Management. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Project 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 on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 lif 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 subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%)-1 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 726 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. GENERAL CONDITIONS Page 19 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 Authority T3.1 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. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commenceiment of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by 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. GENERAL CONDITIONS Page 20 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, 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. 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 Ibe waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules, 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount ount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before 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 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 GENERAL CONDITIONS Page 21 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance Iby the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which 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 encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the 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 by Project Management to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of 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 GENERAL CONDITIONS Page 22 of 134 MARATHON AIRPORT CUSTOMS TERMINAL .......... 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 Ihas (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 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 Contract Sum; (5) damage to Project Management, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After 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. GENERAL CONDITIONS Page 23 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 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 Project Management shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9,6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or 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 the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor, The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and 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 iinclude 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 GENERAL CONDITIONS Page 24 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ................................. 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 Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by 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 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and 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 lin order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.110 Final Completion and Final Payment 9.110.1 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 GENERAL CONDITIONS Page 25 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ..................... ............ knowledge, information and belief, and on the Ibasis 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 9.1 0.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 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: 11. Application and Certificate for Payment 12. Continuation Sheet 13. Certificate of Substantial Completion 14. Contractor's Affidavit of Debts and Claims 15. Contractor's Affidavit of Release of Liens 16. Keys and keying schedule 17. Spare parts and maintenance materials 18. Warranties bond and guarantees 19. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies 20. Contractor shall provide two (2) !hard copies in tabulated divided binders and one (1) indexed and tabulated electronic copy on CD of all the following but not limited to: 6. Project Record Documents (As Built Documents). 7. Operating and maintenance data, instructions to the Owners personnel. 8. Warranties bond and guarantees. 9. Keying schedule. 10. Maintenance materials 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 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 GENERAL CONDITIONS Page 26 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......................... Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10,1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Project'Management for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner 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 (PCB), or when it Ihas 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 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish iin 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 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who maybe affected thereby; GENERAL CONDITIONS Page 27 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, 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. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at 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. 10.3 Emergencies 10,3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all GENERAL CONDITIONS Page 28 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........................................ 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 Ipenalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either: Certificate of Insurance Or A certified copy of the actual insurance policy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County Iby 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. GENERAL CONDITIONS Page 29 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ----------- ——---—________--- WORKERS COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility BETWEEN MONROE COUNTY, FLORIDA AND Contractor Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease or Accident Policy Limits $1,000,000 Bodily Injury by Disease each Employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 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. WC2 GENERAL CONDITIONS Page 30 of 130 MARATHON AIRPORT CUSTOMS TERMINAL GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility►, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND CONTRACTOR Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $2,000,000 Combined Single :Limit (CSL) If split limits are provided, the minimum Ilimits acceptable shall be: $300,000 per Person $500,000 per Occurrence $200,000 Property Damage Ain 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. IIn addition, the period for which claims may be reported should extend for a minimum of twelve (12) imonths 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. GENERAL CONDITIONS Page 31 of 1310 MARATHON AIRPORT CUSTOMS TERMINAL .......... ......... VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND CONTRACTOR 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: 0 Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shalll be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL CONDITIONS Page 32 of 130 MARATHON AIRPORT CUSTOMS TERMINAL CONTRACTORS INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, Each employee General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned, and hired vehicles ) $1,000,000 Combined Single Limit If split limits are preferred- $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs GENERAL CONDITIONS Page 33 of 130 MARATHON AIRPORT CUSTOMS TERMINAL or expenses arise from the intentional or sole negligent acts or omissions COUNTY or any of its employees, agents, contractors or invitees (other Contractor). Insofar as the claims, actions, causes of action, litigation, procee costs or expenses relate to events or circumstances that occur during the term Agreement, this section will survive the expiration of the term of this Agreement 1 earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is dE or suspended as a result of the Consultant's failure to purchase or maintain the rei insurance, the Consultant shall indemnify the County from any and all incr expenses resulting from such delay. Should any claims be asserted against the C by virtue of any deficiency or ambiguity in the plans and specifications provided I Consultant, the Consultant agrees and warrants that the Consultant shall ho County harmless and shall indemnify it from all losses occurring thereby and further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is fc indemnification provided for the above. . CONTRACTOR'S STATEMENT I understand the insurance is mandatory and will comply in full with all the requiren I fully accept the indemnification and hold harmless as set out on page 00110-12 c contract, Pedro Falcon Electrical Contractors, Inc. CONTRACTOR Signature Christian Brisson, as President MARATHON AIRPORT CUSTOMS TERMINAL 11.2 Builder's Risk Insurance: Builders Risk Limits equal to the completed project 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of this Contract. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the'Work is covered contrary to 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 to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by 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, linstalled 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 Project Management, the Owner may remove it and store the salvageable materials or GENERAL CONDITIONS Page 35 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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, inclu6ng 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 Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 1'2.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12,31 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representafives 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 Written Notice GENERAL CONDITIONS Page 36 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............. 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: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 For Owner: Director of Project Management County Administrator 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West Florida 33040 13.4 Rights and Remedies 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 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give 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 or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Project Management will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Project Management of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management's services and expenses. GENERAL CONDITIONS Page 37 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Project Management. 113.5.5 IIf 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 testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with 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 after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any Iprior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience GENERAL CONDITIONS Page 38 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 14.2.1 The Owner may, without cause, order the Contractor iin writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. 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 1926,1 Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) Ain explanation as to why the waiver is considered justified; and (3) The Contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Contractor shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Contractor is to hold and save harmless Monroe county Florida free from any claims or causes of action whatsoever resulting from the Contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 GENERAL CONTRACTOR REQUIREMENTS SAFETY PROGRAM 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 GENERAL CONDITIONS Page 39 of 130 MARATHON AIRPORT CUSTOMS TERMINAL writing a proposed comprehensive site specific safety program to the Contracting Officer for Monroe County before the start of construction operations. The program is to specifically state what provisions the Contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1,2 PRECONSTRUCTION SAFETY MEETING Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.3 JOINT SAFETY POLICY COMMITTEE The Contractor or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with 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. 1.4 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting Officer to administer the safety program. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 1.5 SAFETY MEETINGS A minimum of one "on-the-job" or"toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. GENERAL CONDITIONS Page 40 of 130 MARATHON AIRPORT CUSTOMS TERMINAL -------------- ............ 1.6 SAFETY INSPECTION 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 1:010 pm for a joint site clean-up effort not to exceed duration of three hours. In summary, there will be a three-part clean-up plan. 1. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. 2. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or 10%, whichever is more. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the Ihazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.7 FIRST AID TRAINING GENERAL CONDITIONS Page 41 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ..........--_11............ Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the, American Red Cross, or other Monroe County-approved organization. 1.8 REPORTS Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved Iby the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.9 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract, 2.0 FIRST AID AND MEDICAL FACILITIES 2.1 FIRST AID KITS A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well- identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the Contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.1 COMMUNICATION AND TRANSPORTATION Prior to the start of work, the Contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. 2.2 FIRST AID AND MEDICAL REPORTS The Contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include-- GENERAL CONDITIONS Page 42 of 130 MARATHON AIRPORT CUSTOMS TERMINAL (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses-, (b) Cumulative record of injury for each individual; (c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.3 EMERGENCY LISTING A listing of telephone inumbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is !impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the job-site. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall Ibe examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT: GENERAL CONDITIONS Page 43 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .................... 4.1 HARDHAT AREAS The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: 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 crock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT: 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE The Contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. 5.3.2 SINGLE-LANE HAUL ROADS GENERAL CONDITIONS Page 44 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .............. Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance. 5.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers. 5.3.7 GETTING ON OR OFF EQUIPMENT Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test 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) GENERAL CONDITIONS Page 45 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ................ 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. The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the Contracting Officer a copy of a certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES A notice of the 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. 5.4.7 BOOM STOPS Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83' or less, until completely stopping the boom at not over 87' above horizontal. 5.4.8 SAFETY HOOKS Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning. 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5.2 EQUIPMENT REQUIRING BOPS The requirement for ROPE 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- GENERAL CONDITIONS Page 45 of 130 MARATHON AIRPORT CUSTOMS TERMINAL highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding 75% of the cranes stability/structural capacity chart, requiring movement of a crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads requiring two (or more) hooks, work over occupied facilities or work involving encroachment on public rights of way are considered critical. These lifts must be authorized in advance. Critical crane lift plans, if authorized, may have to be reviewed by a professional engineer (the contractor shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the crane lift plan. Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization —5 days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. The Crane Lift Plan must be COMPLETE along with attachments—see Section 5 for 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 PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving equipment, loading materials onto floors, etc) imust be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and I or location may require the Crane Lift Plan to be amended. The contractor is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. GENERAL CONDITIONS Page 47 of 130 MARATHON AIRPORT CUSTOMS TERMINAL The contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 Cii 1926.1402) necessary for the crane lift. The contractor is responsible to obtain all information that is necessary to develop a power line safety plan. The contractor is responsible to train all personnel involved in the Assembly / Disassembly and or Crane Lift. The contractor must provide the following information along with the Crane Lift Plan: • Competent/Qualified Person Designation Forms for A/D Director, Operator, Rigger, Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operators manual) • Area (Quadrant) of Operation Diagram • Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10130 Hour Course Completion Cards, as may be required by the project. • Jurisdictional Registration, if required • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • 3rd Party Inspection Certification and Report—see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA). • Weights of Materials • Rigging Plan • Logistics Plan The contractor shall comply with the Site Specific Safety Plan. The contractor/ Crane Company/ Rigging Company is responsible for the accuracy of plain and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING: 6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451 GENERAL CONDITIONS Page 48 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ...............---................ Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED IELECTRICAIL LINES OR OTHER UTILITIES A. It shall be the Contractor's sole and exclusive responsibility: (a) To provide personnel capable of working adjacent to energized electrical lines or other utilities (b) To provide adequate, safe and properly maintained equipment (c) To conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed (d) To continuously supervise and inspect the work being perforimed 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 GENERAL CONDITIONS Page 49 of 130 MARATHON AIRPORT CUSTOMS TERMINAL with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or 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 in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Project Management in writing. The Owner, Contractor and Project Management shall then proceed in the same manner described in Subparagraph 10.1 10.1.3 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project ject 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 Safety of Persons and Property GENERAL CONDITIONS Page 50 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ..................... 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or 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 performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10211, 10213, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, 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. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at 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. GENERAL CONDITIONS Page 51 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ARTICLE 16 CONTRACTOR QUALITY CONTROL PLAN 1A PROJECT MANAGEMENT'S DUTIES AND RESPONSIBILITIES 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, 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to 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 sample shall commence until the submittal has been reviewed and approved by Project 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. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Project Management is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report_ GENERALCONDITIONS Paige 52 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1.3 INSPECTION AND TESTING A. INSPECTION PLAN 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: 1. Preparatory Inspection—Prior to commencing the work, the Contractor's Quality Control Representative will meet with Project Management's representative (RPR) 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. M 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's representative 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 meeting and distribute accordingly. 3. Follow-up Inspections—The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve GENERAL CONDITIONS Page 53 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. 4. 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 and conduct multi-trade or singular inspections prior to covering installation. Note: Project Management' representative will record the minutes to this inspection meeting. 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 Architect/Engineer 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. B. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Project Management Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. GENERAL CONDITIONS Page 54 of 130 MARATHON AIRPORT CUSTOMS TERMINAL C. FINAL INSPECTION Project 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. See Section 01700 for contract closeout. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are Iperformed ,that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by 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 Iby the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance IRelport will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of Project Management. GENERAL CONDITIONS Page 55 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1.5 AUDITS 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 finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought, The Owner will expect no more and through Quality Assurance, the construction team will provide no less. ARTICLE 17 SPECIAL CONDITIONS 1. Construction shall be conducted in such a manner as to cause the least possible interruption to normal County business. Necessary access to and from adjacent buildings and the parking area shall be provided at all times. 2. Contractor shall take all means necessary to contain dust and debris as an integral part of the work. 3. Weather intrusion and unauthorized access to the Project Site due to construction activities shall be prevented by the Contractor's careful scheduling of work, or other means satisfactory to the Owner. 4„ Contractor shall coordinate construction activities as necessary to avoid security or safety concerns at the Project Site. 5. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing which are due to reasonably foreseeable circumstances shall be denied and shall remain the sole risk and expense of the Contractor. Field measured dimensions shall be obtained by the Contractor prior to placing orders for fabrications or prefabricated materials. Adjustments, delays, re-fabrications, or replacement materials due to inaccurate information are the sole responsibility of the Contractor. SITE SURVEY 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 contained was prepared by the Owner for the Architect's use for the design of the project, and GENERAL CONDITIONS Page 56 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. B. Proposers shall visit the site; imake 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 upon the survey information �provided. ARTICLE 18 SUMMARY OF THE WORK 1 Project Overview Demolition of the existing interior and exterior portions of the airport and replacement with a Federal Customs Facility. Additional renovations and relocation of the Guardian Ad Litem Facility. 2 General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 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 IMSDS 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 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 advance with approval GENERAL CONDITIONS Page 57 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 the Marathon Airport Customs Facility including Federal Aviation Administration, Florida Department of Transportation, Monroe County Growth Management, Monroe County Building Dept., Monroe County Airport, Fire Marshall, The City of Marathon and any other permitting or regulatory agencies as applicable SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Project Management prior to notice to proceed. Contractor's license shall accompany proposal. 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is to review General Conditions for additional responsibilities required in order to perform this Work. 4. If in the event of conflicting, or overlapping requirements in any area of the 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. 5. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. & This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. 1.2 PROTECTION: A. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the Contract, B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction GENERAL CONDITIONS Page 58 of 130 MARATHON AIRPORT CUSTOMS TERMINAL unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. C, Barricades shall be erected to fence off all construction areas from operations personnel and the general public. Fence posts shall have bases that eliminate the need to penetrate the ground for support. D. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 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. 1.3 HOUSEKEEPING: 1. Keep materials neat and orderly. 2. Remove scrap, waste and debris from project area daily. 1 Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. 4. Maintain Fire protection during construction 5. Housekeeping required on a daily basis ARTICLE 19 CONTRACTOR'S USE OF PREMISES PART — GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: GENERAL CONDITIONS Page 59 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 Promptly upon award of the Contract, contractor shall provide a Quality Control Plan and 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. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractors vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access (Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. GENERAL CONDITIONS Page 60 of 130 (D E 0 0 . > cc 4- CD ui 0) U) 0 m CD a) CL CL < 4- (D 0 L 0 0 (D 0 C >, to M E a- d) -0 0 0 (n 4-; r M E > 0 < 0 [L- 0 C: CL M CL cu Co a) 4- =1 0 (1) m :3 c -j (n L) cr (1) 5) 0 Co M > 0 0 0 M 0 C.) 0) .0 a) 00 C: E m 4.0 . U- 0 O CD a) 4) C14 > 13 CL a) 6 M 0 .0 a) -C m CIO Q. co lE 0 0 O w US m E > IM < Ln c < cn 0 CL a) a) z 1. 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ID 2 m > Z E 0 2 -1 ay di E CL a .6 en a . 0 m -E F- ,0, I a) z co E —a) =3 E if 0 .2 o LL m 0 0 'a 0 a E E > m M 0 CD cc 0 m cc IL r- 0 a w .2 .9 L) i= Ft — CL E A) > CL 2 0 CD CD < F U- CL 0 a. 0 C7 z CO) lI- F- -j U co m LUI ui CDI—j <CIO z LL WI u- 0 LLJ z 0 uj !s 0 <ca �LLI wo W + z Z <010 0 W 0 w + 0 W 0.. z 0 LLJ 0M. z < L)cn 4-- 0 iry lui < co �JQcr I-w 0 LL crw 0�a uj U) z m w� U)F- CL 0 0 �z C) ILLJ w CL IL F- z CL 0 sc D z WOO E z 0 z 0 E CL w (1) 2,- 00- 0 z 0 :0 C) lu 0 a) m LLI LU U- ca L) w Uj T m LU z LU 0 —0 a) < rc� >4A Ne z 0 WasC U- 0 ,z z E m cO o < 0 a- 16 ?: Z 0 O 'D 10 Z r- m -0 0 LU 0 — 0 L) w c C: m.2 z G -Z6 2 0 ............. 0 ui .9 -3 o 0 CL n .0 C-) OF jL C: 2 w m < 2W b CL (.) L) L) < 0 D to -C z MARATHON ,AIRPORT CUSTOMS TERMINAL MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: INITIATION DATE: TO CONTRACTOR: CONTRACT DATE: The Contract is changed as follows:. The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders............................................ . .....'$ The (Contract Sum) (Guaranteed Maximum Price) prior to thiis Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum) (Guaranteed iMaximum Price) including this Change Order is......$ The Contract Time will be (increased) (decreased), (unchanged) by............... ............. The date of Substantial Completion as of the date of this Change Order is.......................... Detailed description of change order and justlification: This change Order is % of the on inal contract rice. Not valid until signed by Owner Architect it applicable), and Contractor ARCHITECT: Date CONTRACTOR: Date DIRECTOR PROJECT MANAGEMENT- Date SR, DIRECTOR EINGPPhI"G': Date COUNTY/DEPUTY ADMINISTRATOR Date GENERAL CONDITIONS Page 66 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ................ Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes El No 1-1 If Yes, explanation: • Change Order was included in the original specifications. Yes El No El If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes F-1 No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes n No F-1 If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes DNo ❑ Should a claim under the applicable professional liability policy be made? Yes F-1 No El Explain: GENERAL CONDITIONS Page 66 of 1130 MARATHON AIRPORT CUSTOMS TERMINAL Substantial Completion CERTIFICATE OF SUBSTANTIAL COMPLETION 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 Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby establishedas ................................................................................... ----------------- ........... ............................. which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: -----------........................ ........ .............-...................................................... ............................................ ......... ............. A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. -,--------------------------------------------- ........................................................... ......--------------- INSPECTOR BY DATE (if used) The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. ........... .........................—--------- ................. ...... CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at on ............................... (date). ...................................................... ---------------------...... ............ OWNER BY DATE; ................................................ --------------The responsibilities of the Owner and the Contractor for security,maintenance,heat, utilities, damage to the Work and insurance shall be as -.1-1-1-.......... Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage GENERAL CONDITIONS Page 67 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... ........ ......................... Contractor's Affidavit CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of: County of. The undersigned,pursuant to Article 9 ol'the General Conditionsofthe Contract for Construction,hereby certifies that,except as listed below,he has paid in full or has otherwise satisfied all obligations for all materials and equipment,furnished,for all work,labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in.any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. 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: CONTRACTOR: I Consent of Surety to Final Payment, Whenever Surety is involved,Consent of Surety is required. AIA DOCUMENT G707,CONSENT OF SURETY,may be used for this purpose. Indicate attachment: yes( ) no( ) Address,- The following supporting documents should be attached hereto: By: I Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from day of 20_ . Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: 1 Contractor's Affidavit or Release of Liens. My Commission Expires: GENERAL CONDITIONS Page 68 of 130 MARATHON AIRPORT CUSTOMS TERMINAL CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: (Name and address) ........... State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who Ihave 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: HERETO: (Name and address) Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. By: Z Separate Releases or Waivers of Liens from (Signature of authorized representative) Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. (Printed Name and Title) Subscribed and sworn to before me this date: Notary Public: (SEAL) My Commission Expires: GENERAL CONDITIONS Page 69 of 130 MARATHON AIRPORT CUSTOMS TERMINAL MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of: thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS —day of 20 Witness Name of Company Witness Signature, Title Notary Public My commission expires: GENERAL CONDITIONS Page 70 of 130 MARATHON AIRPORT CUSTOMS TERMINAL MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following! THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non-payment: (If none, write "NONE'°) CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have Ibeen properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or (Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS_day of 120 Witness Name of Company Witness Signature, Title GENERAL CONDITIONS Page 71 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ARTICLE 21 ALTERNATES PART — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal Form for certain construction activities defined in the Proposal Requirements that may be added to or deducted from Base Proposal amount if the Owner decides to accept a corresponding change in either the installation or methods described in Contract Documents. C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. D. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. 1 Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. ARTICLE 22 PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS X Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Contractor necessary for Project coordination including, but not necessarily limited to: 1. Coordination GENERAL CONDITIONS Page 72 of 130 MARATHON AIRPORT CUSTOMS TERMINAL __................. 2, Administrative and supervisory personnel 3. General installation provisions 4. Cleaning and protection 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 Section 01301 "'Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Where necessary, prepare memoranda for distribution to each party involved outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. 1 Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules Z. Installation and removal of temporary facilities 3. Delivery and processing of submittals 4. Progress meetings 5. Project Close-out activities D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. GENERAL CONDITIONS Page 73 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1, Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components, 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 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. PART 2— PRODUCTS (Not Applicable) PART 3— EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to Project Management for final decision, GENERAL CONDITIONS Page 74 of 130 MARATHON AIRPORT CUSTOMS TERMINAL Recheck measurements and dimensions, before starting each iinstallation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to Project Management for final decision. 3.1 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: 1. Excessive static or dynamic 18. Combustion loading % Electrical current 2. Excessive internal or external 20. High speed operation pressures 3. Excessively high or low 21. Improper lubrication temperatures 22. Unusual wear or other imisuse 4. Thermal shock 23. Contract between incompatible 5. Excessively high or low humidity materials 6. Air contamination or pollution 24. Destructive testing 7. Water 25. Misalignment 8. Solvents 26. Excessive weathering 9. Chemicals 27. Unprotected storage 10. Light 28. Improper shipping or handling 11. Radiation 29. Theft 12. Puncture 30. Vandalism 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation GENERAL CONDITIONS Page 75 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... ARTICLE 23 CUTTING AND PATCHING PART 1 - GENERAL 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements of the Contractor for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section-. "Coordination" for procedures for coordination cutting and patching with other construction activities. 2, Division 2 Section: "Selective Demolition" for demolition of selected portions of the building for alterations. 1 Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. a. Requirements of this Section apply to mechanical and electrical installations. 4. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 5. List products to be used and firms or entities that will perform Work. 6. Indicate dates when cutting and patching will be performed. 7. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. & 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 work. 1.3 NOT USED 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would change their load-carrying capacity or load-deflection ratio. GENERAL CONDITIONS Page 76 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ..... ........------- ...... ............11.1'......... ......... 1 Obtain approval of the cutting and patching bid before cutting and patching the following structural elements: a. Foundation construction. b. Bearing and retaining walls. C. Structural concrete. d. Structural steel. e. Lintels f. Timber and primary wood framing. 91 Structural decking, h. Stair systems i. Miscellaneous structural metals. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 1 Obtain approval of the cutting and patching bid before cutting and patching the following operating elements or safety related systems. a. Fire protection systems. b. Control systems. C. Communication systems. d. Electrical wiring systems. C. Visual Requirements, Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Project Management's opinion, reduce the buiMing'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. 1. If possible retain the original Installer or fabricator to cut and patch the exposed Work listed below. If it is impossible to engage the original Installer or fabricator, engage another recognized experienced and specialized firm. a. Stonework and stone masonry, b. Ornamental metal. 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials iin such a manner as not to void any warranties required or existing. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL GENERAL CONDITIONS Page 77 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......... PART 3 - EXECUTION 3.1 INSPECTION A, Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 1. Before proceeding, meet at the Project Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D, Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. B. Cutting- Cut existing construction methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. 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. 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. GENERAL CONDITIONS Page 78 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ---------- 4. Comply with requirements of applicable Division 2 Sections where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by- pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a imanner that will eliminate evidence of patching and refinishing. 1 Where removing walls or partitions extends one finished area into another 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 Ipiping, conduit, and similar features before applying paint or other finishing materials. Restore damaged piping covering to its original condition. ARTICLE 24 FIELD ENGINEERING PART 1- GENERAL 11 RELATED DOCUMENTS A, Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Contractor for field-engineering services including, but not limited to, the following: 1, Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: GENERAL CONDITIONS Page 79 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .............. ............ l Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner-accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of "Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2, Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of 2 permanent benchmarks on the site, referenced to data established by survey control points. GENERAL CONDITIONS Page 80 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .... ........ —............"I'll ...................-... ........... 1 Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 12 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1 Advise entities engaged in construction activities of marked lines and levels provided for their use. 2, As construction proceeds, check every major element for line, level, and plumb. 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 pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E, Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. ARTICLE 25 GENERAL CONDITIONS Page 81 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ........... PROJECT MEETINGS PART 1 - GENERAL 1 SUMMARY A. Section includes: 1. Project meetings 2. PROJECT MANAGEMENT'S RESPONSIBILITY 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. 1 Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. & 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. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owners 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. 6. Others as appropriate. C, Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers, b. Projected Construction Schedules. 2. Critical Work sequencing, GENERAL CONDITIONS Page 82 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 3, Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6, Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8, Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids, 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14, Distribute meeting minutes within (3) days. 4. PERIODIC PROGRESS MEETINGS A, The Contractor's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting. B. Location of the meetings: A central site designated by 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. 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. GENERAL CONDITIONS Page 83 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......... 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. ARTICLE 26 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Contractor shall submit to Project Management, shop drawings, product data, certifications and samples required by the technical sections. 2. The Contractor shall prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to 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 project schedule. GENERAL CONDITIONS Page 84 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by Project Management (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of Project Management and the Contractor. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect b. Project Management C. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. & 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 GENERAL CONDITIONS Page 85 of 130 ERMINAL MARATHON AIRPORT CUSTOMS T Management and other trade contractors by the Contractor prior to the start of the Work. 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to 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 information. 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. B. Construct mock-ups as required by the technical sections, at the Project Site in a location designated by Project Management. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to Project Management and (1) will be returned to the contractor after review1return from Project Management. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationery. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B, Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit one (1) original and six (6) copies to Project Management. Project Management will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to Project Management, review each s'ubmittal, 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 to Project Management. GENERAL CONDITIONS Page 86 of 130 MARATHON AIRPORT CUSTOMS TERMINAL B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to Project Management in writing of deviations in submittals from the requirements of 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. F. Do not begin the Work which requires submittals until return of submittals 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 of the Contract Documents is not relieved by Project Management review of submittals unless Project Management gives written acceptance of specific deviations. 1.8 PROJECT MANAGEMENT'S RESPONSIBILITIES A. Project Management will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. Project Management will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Record File copy and return the submittal to the Contractor, with copies to Project Management. C. Project Management will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. ARTICLE 27 PROGRESS SCHEDULES PART 1 - GENERAL 1A SUMMARY A. Section includes: 1. Contractor submission of Progress schedules 2. Contractor submission of Revisions to schedules GENERAL CONDITIONS Page 87 of 130 MARATHON AIRPORT CUSTOMS TERMINAL B. Related sections: 1. Scope of work, C. Description: 1 Progress Schedules: promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to Project Management for approval, construction progress schedules for the work, with sub- schedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. Z 'Revisions to Schedule: submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by Project Management. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D, Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect, Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. I Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1 , Problem areas, anticipated delays and the impact on the schedule. Z Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. GENERAL CONDITIONS Page 88 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1.5 SUBMITTALS A. Submit initial schedules within seven (7) days after receipt of the Contract Notice to Proceed. 1. Project Management will review schedules and return approved copy. Z Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties, B., Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon 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, or in any way to superintend !so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. ARTICLE 28 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Contractor submission of a Schedule of Values. 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to Project Management within three (3) days after Notice to Proceed. Z No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County Project Management. 3. Upon request of Project Management, revise and/or support the values with data which will substantiate their correctness. 4. The Schedule of Values forms the basis for the Contractor's Applications for Payment. 5, The Schedule of Values shall be the basis for the amount of credit to be allowed by the Contractor to the Owner as per 5.16.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by Project Management upon the Contractor's request. Identify schedule with: GENERAL CONDITIONS Page 89 of 1310 MARATHON AIRPORT CUSTOMS TERMINAL 1 Title of Project and location 2. Architect/Engineer 3. Name and Address of the Contractor 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C, Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1 Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. for items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by Project Management, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. ARTICLE 29 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL GENERAL CONDITIONS Page 90 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor, 2, Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project Z 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 tirades. 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. % Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A, Daily Reports are to be submitted to 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. GENERAL CONDITIONS Page 91 of 130 MARATHON AIRPORT CUSTOM'S TERMINAL DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: GENERAL CONDITIONS Page 92 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ARTICLE 30 REQUEST FO►R INFORMATION JRFIJ PART 1 -GENERAL 1.1 SUMMARY A. Section includes: I Notification 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. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3, General Conditions Article 12.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of Arch itect/Eng ineer and Project Management immediately. If clarifications are necessary, the request is to be conveyed to Architect/Engineer and Project Management. Architect/Engineer 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 General Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions), when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF RFI FORM A. The RFI form to be utilized is included at the end of this section, if you wish to use a form of your own; it must contain the same information requested on our form. GENERAL CONDITIONS Page 93 of 1310 MARATHON AIRPORT CUSTOMS TERMINAL REQUEST FOR INFORMATION (RFQ DATE RFI 0 PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL TO ARCHITECT ADDRESS PHONE FAX CELL DESCRIPTION 'CONTRACTOR RECOMMENDATION COST IMPACT NAME DATE RESPONSE NAME DATE ARTICLE 31 GENERAL CONDITIONS Page 94 of 130 MARATHON AIRPORT CUSTOMS TERMINAL QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. C, Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products,. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1 Division I 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. 1.3 RESPONSIBILITIES A. The Contractor shall provide a Quality Control Plan for approval. GENERAL CONDITIONS Page 95 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......... B. The contractor shall be responsible to secure, provide, and pay for all inspections, test, and other quality-control services specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1 Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Contractor's responsibility, the Contractor shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. & Where the Owner has engaged a testing agency for testing and inspecting part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. C. Re-testing: The Contractor is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. D. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1, Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 1 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. E. 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 performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. GENERAL CONDITIONS Page 96 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1 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. 1.4 SUBMITTALS A. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to Project Management. If the Contractor is responsible for the service, submit a certified written report, in duplicate, of each iinspection, 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. Z 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. cn 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. I. Name and signature of laboratory inspector. M. Recommendation on re-testing. 1.5 QUALITY ASSURANCE A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-,qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to Ibe performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located. PART 2 - PRODUCTS (Not Applicable) GENERAL CONDITIONS Page 97 of 130 MARATHON AIRPORT CUSTOMS TERMINAL PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". B. Protect construction exposed by or for quality-control service activities, and protect repaired construction. B. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. ARTICLE 32 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Section 01800 - SOIL BORING DATA 4, Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Contractor 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. GENERAL CONDITIONS Page 98 of 130 MARATHON AIRPORT CUSTOMS TERMINAL B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes, B. Provide qualified personnel at the Site. Cooperate with the Project Management and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify 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. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to Project Management and Contractor. B. Include-, 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications Section & Location in the Project 7, Type of inspection or test 8. Date of test 9. Results of test GENERAL CONDITIONS Page 99 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 10. Conformance with the Contract Documents C. When requested by Project Management, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B, Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify 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. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Contractor. ARTICLE 33 REFERENCE STANDARDS AND DEFINITIONS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specifications Sections, apply to this Section. GENERAL CONDITIONS Page 100 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............... ........ 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the conditions of this Contract. B. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown", "noted scheduled", and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by 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 requests, is limited to Project Management's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F, Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H, Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer", means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. Z. 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 lin the operations to be performed. The specialists GENERAL CONDITIONS Page 101 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 tirade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or imay not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification (Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. a. The words "shall be" shall be included by inference wherever a colon () is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. GENERAL CONDITIONS Page 102 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. F. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. AA Aluminum Association 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 GENERAL CONDITIONS Page 103 of 130 MARATHON AIRPORT CUSTOMS TERMINAL AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly-. American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AW1 Architectural WoodworkInstitute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA EIFS Industry Members Association GENERAL CONDITIONS Page 104 of 130 MARATHON AIRPORT CUSTOMS TERMINAL EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute 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. GENERAL CONDITIONS Page 106 of 130 MARATHON AIRPORT CUSTOMS TERMINAL SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWIRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to- date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 ARTICLE 34 'TEMPORARY FACILITIES PART —GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. 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 and employee safety. 6, Project sign. B. Related Work: GENERAL CONDITIONS Page 106 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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 2A FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide a field office adequate in size and accommodation for Contractor's offices, supply, and storage. B. Sanitary facilities, I Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C, Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a Iproject sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by Project Management. A design provided by, or approved by Project Management will include, but not necessarily be limited to: the project name; the Owner's GENERAL CONDITIONS Page 107 of 130 MARATHON AIRPORT CUSTOMS TERMINAL name; major tenants names; the Contractor's name, address, and telephone number, and the Architect's name, address, and telephone number. PART 3 — EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B, Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. ARTICLE 35 CONSTRUCTION AIDS PART I - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1 The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids, 2, The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Project Management or other separate contractors employed at the site. GENERAL CONDITIONS Page 108 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. The foregoing obligations of the Contractor are lin addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1 The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by Project Management. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 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. GENERAL CONDITIONS Page 109 of 130 MARATHON AIRPORT CUSTOMS TERMINAL B, Any Contractor excavating across an access road or Ipairking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. ARTICLE 37 TEMPORARY CONTROLS PART I - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR A. Section Includes: 1. Water control 2. Dust control 3, Erosion and sediment control 4, Pollution control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B, Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. GENERAL CONDITIONS Page 110 of 130 MARATHON AIRPORT CUSTOMS TERMINAL D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. ARTICLE 38 FIELD OFFICES AND SHEDS, A. The Contractor shall furnish, install, and maintain a temporary field office as 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 are subject to approval by Project Management. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by 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 leave the area in a clean and orderly condition. ARTICLE 39 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Cleaning during progress of work. GENERAL CONDITIONS Page 111 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which W11 not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of 'waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off site at a state permitted disposal site. 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 or coffee breaks. Shipping dunnage is also to be removed by the contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Project Management. GENERAL CONDITIONS Page 112 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............. ...........--........ ARTICLE 40 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Products Z Transportation and handling 1 Storage and protection 4. Security 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products imay also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1,3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D, Provide equipment and personnel to handle Iproducts by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site Ibut not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, GENERAL CONDITIONS Page 113 of 130 MARATHON AIRPORT CUSTOMS TERMINAL .......... ..... ... or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. ARTICLE 41 POST-CONTRACT SUBSTITUTIONS PART 1 -GENERAL 1.1 SUMMARY A. Section includes: 1. Post-proposal substitutions 1.2 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. B. After the end of the proposal period, substitution requests, from the successful Proposer, will Ibe 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 Iproposed 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. Z Itemized comparison of the proposed substitution with product specified, listing significant variations. 1 Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. GENERAL CONDITIONS Page 114 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8, Designation of availability of maintenance services, sources of replacement materials, D. Substitutions will not be considered for acceptance when'. 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Proposer. 2, Acceptance will require substantial revision of Contract Documents. 3. In judgment of Project Management the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without 'written acceptance of Project Management. F. Project Management will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b, Project Management's costs for redesign or revision of Contract Documents, 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. GENERAL CONDITIONS Page 115 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete iinformation on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owiner/Piroj. Mgmt.- Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By: By: Date: Date. GENERAL CONDITIONS Page 116 of 130 MARATHON AIRPORT CUSTOMS TERMINAL Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: — Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ I. Designation of maintenance services and sources: (Attach additional sheets if required.) GENERAL CONDITIONS Page 117 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ARTICLE 42 PRODUCT HANDLING 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. B. Related work: 1 Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by Project Management, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B, 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. GENERAL CONDITIONS Page 118 of 130 MARATHON AIRPORT CUSTOMS TERMINAL B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner, 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of Project Management and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Project Management to justify an extension in Contract Time of Completion. ARTICLE 43 CONTRACT CLOSEOUT PART 1 —GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. 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 13, Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. GENERAL CONDITIONS Page 119 of 130 MARATHON AIRPORT CUSTOMS TERMINAL -................. 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. E. Contractor shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 1 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. GENERAL CONDITIONS Page 120 of 130 MARATHON AIRPORT CUSTOMS TERMINAL D. Should the Owner consider that the Work is incomplete or defective: 1 The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER 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. Keys and keying schedule 7. Spare parts and maintenance materials 8. Warranties bond and guarantees 9. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies 10. Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) indexed and tabulated electronic copy on CD of all the following but not limited to: 1. Project Record Documents (As Built Documents). 2. Operating and maintenance data, instructions to the Owner's personnel. 3. Warranties bond and guarantees. 4. Keying schedule. 5. Maintenance materials 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances C. Deductions for uncorrected Work d. Deductions for Liquidated Damages e. Deductions for Re-inspection Payments f. Other Adjustments GENERAL CONDITIONS Page 121 of 130 MARATHON AIRPORT CUSTOMS TERMINAL C, The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. 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. GENERAL CONDITIONS Page 122 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition.. ARTICLE 45 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: I 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 GENERAL CONDITIONS Page 123 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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: 1 Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. GENERAL CONDITIONS Page 124 of 130 MARATHON AIRPORT CUSTOMS TERMINAL b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "'exposed". 3, Project Management may waive requirements of schematic layout conversion, when in his opinion, iit serves no beneficial purpose. Do not, however, rely on waivers being issued except when specifically issued by Project Management in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to Project Management prior to request for final payment. & Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Project number 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. ARTICLE 46 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND MAINTENANCE DATA; A. Section includes: 1. Format and content of manuals 2. Schedule of submittals B. Related !sections: 1. SECTION 01301 -SUBMITTALS 2. SECTION 01700 -CONTRACT CLOSEOUT GENERAL CONDITIONS Page 125 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C, Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 210 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1A 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 responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. GENERAL CONDITIONS Page 126 of 130 MARATHON AIRPORT CUSTOMS TERMINAL E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each, 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. 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. 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. GENERAL CONDITIONS Page 127 of 130 MARATHON AIRPORT CUSTOMS TERMINAL 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. 1.7 SUBMITTALS 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. D. Submit two copies of approved revised volumes of data in final form within ten (110) days after final inspection. ARTICLE 47 WARRANTIES PART —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the Contractor for warranties required by the Contract Documents, including 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. GENERAL CONDITIONS Page 128 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............................... ............ Z Division 1 Section "Contract Closeout" specifies contract closeout procedures. 1 Division 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding; reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. Ca 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 GENERAL CONDITIONS Page 129 of 130 MARATHON AIRPORT CUSTOMS TERMINAL ............. . which the Owner can enforce such other duties, obligations, rights or remedies. E, Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to 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. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor or supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through Project Management, for approval prior to final execution. 1. 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 required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. Provide One-(I) additional electronic copy, complete on CD. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3- ring, vinyl-covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8 1/2x 11" (1 15-by-280-mm) paper. 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. GENERAL CONDITIONS Page 130 of 130 MARATHON AIRPORT CUSTOMS TERMINAL SECTION 00110 ORIGINAL PBQEQgAL The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 4 - 5 2. Bid Bond (Proposal Security) 6 3. Non-Collusion Affidavit 7 4. Lobbying and Conflict of Interest Clause 8 5. Drug-Free Workplace Form 9 6. Local Preference Form 10 7. Subcontractor Listing Form 11 8. Insurance Checklist 12 9. Workers Compensation and Employers' Liability 15 10, General Liability 16 11. General Liability Explosion, Collapse,, and Underground 17 12. Vehicle Liability 18 13. Not Used 14. Proposer's Insurance and Indemnification Statement 20 15. Insurance Agent's Statements 21 16. Contractor License Current Copy to Be Submitted with Proposal Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 17. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a 3/15/2014 PROPOSAL Page 1 of 21 MARATHON AIRPORT CUSTOMS TERMINAL list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Christian Brisson, 100% B. A list of the officers and directors of the entity; Christian Brisson, as Director, President, Secretary C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects); See Attached D. The number of years the person or entity has operated under its present name and any prior names; 30 years, no prior entity names E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details of the job, including where the job was located and the name of the owner.) No b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (if yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (if yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) No 3/15/2014 PROPOSAL Page 2 of 21 rc Marathon Airport Customs Facility, Marathon, Florida SECTION 00110 BID PROPOSAL Continued, Item Number 17, from Page 2 of 21: 17.C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the bid specifications (include a list of similar project); Pedro Falcon Electrical Contractors, Inc. has successfully completed countless projects in Monroe County, which include all disciplines of the construction industry for the past 30 years. Projects include Design/Build, historic restorations, to complete new buildings and renovated structures, airfields, site, underground, parking lots etc... In summary, Pedro Falcon Electrical Contractors, Inc. has the ability, knowledge, resources, and team to give Monroe County a superior, well-built project. Similar Projects: • Key West International Airport, Customs Terminal Security Enhancements, PH 1 • Renovate Monroe County Courthouse(Marathon) • Conch Key Fire Station#17 ADA Compliance Segment 3 • ADA Compliance Segment 4 • USAF-7 th Floor Upgrades/Build-out 17. E (f) Customer references (minimum of three), including name, current address and current telephone number; Monroe County Facilities Development Joint Interagency Task Force South 1100 Simonton Street, Rm. 2-216 SOCOM, Contracting Div. Attn: J-4 Key West, FL 33040 P.O. Box 9051, NAS Ann Riger(305) 292-4439 or Key West, FL 33040 Kevin Wilson (305)453-8797 Steve Thomas (305) 293-5788 NAVFAC, Southeast, PWD/FEAD General Services Administration Bldg, A-629,NAS Southeast Sunbelt Region P. O. Box 9018 500 Zack Street, Suite 101 Key West, FL 33040 Tampa, FL 33602 Renee Mims Dominic Pafundi (305)293-2357 (813) 225-7131 MARATHON AIRPORT CUSTOMS TERMINAL e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; No f. Customer references (minimum of three), including name, current address and current telephone number; Please see attached Credit References (minimum of three), including name, current address and current telephone number; Please see attached g. Financial statements for the prior three years. Please provide in a separate sealed envelope for the Contractor's confidentiality, and clearlylabel the envelope "CONFIDENTIAL". Please see enclosed envelope marked "Financial Statements" "Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 11 9.07(l) and s.24(a):, Art. 1 of the State Constitution.") 3/15/2014 PROPOSAL Page 3 of 21 Marathon Airport Customs Facility, Marathon, Florida SECTION 00110 BID PROPOSAL Continued, Item Number 17 from Page 3 of 21: 17. E (f) Credit Referenceds (minimum of three), including name, current address and current telephone number; First State Bank of the Florida Keys Rexel 1201 Simonton Street 504 Angela Street Key West, FL 33040 Key West, FL 33040 Shana Casey Jim Groff (305) 872-4778 (305) 296-6581 Atlantic Plumbing Atlass Hardware Corporation 5585 Second Avenue, #1 4800 SW 51St Street, Suite 104 Key West, FL 33040 Davie, FL 33314 Tim Howanitz Bill Brothers (305) 294-4042 (954) 316-6160 M&J Enterprises International, Inc. 6922 Aloma Avenue Winter Park, FL 32792 Jon or Calvin Roberts (407) 657-4967 MARATHON AIRPORT CUSTOMS TERMINAL ................ .................... . ....... SECTION 00110 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS clo PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Piop,.Kpy, EL 4� The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Marathon airport Customs Terminal in Marathon, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. One Million Seventy-five Thousand Three Hundred Seventy Dollars &Zero Centbollars, (Total Base Proposal-words) $ 1,075,370.00 (Total Base Proposal— numbers) I acknowledge Alternates as follows: Add Alternate One- Walk Thru Metal Detector- Add the Sum of: Sixteen Thousand Thirty Three Dollars &Zero Cents ($16,037.00) 1 acknowledge receipt of Addenda No.(s) No. 1 Dated April 11, 2014 3/15/2014 PROPOSAL Page 4 of 21 MARATHON AIRPORT CUSTOMS TERMINAL No. 2 Dated April 17, 2014 No. 3 Dated May 02, 2014 No. 4 Dated May 09, 2014 Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms (located in Section 00110): a. Proposal Form X b. Proposal Security (Bid Bond) X C. Non-Collusion Affidavit X , d. Lobbying and Conflict of Interest Clause X e. Drug-Free Workplace Form X f. Subcontractor Listing Form'X 9. Proposer's Insurance and Indemnification Statement X h. Insurance Agents Statement (signed by agent) X , and i. Local Preference Form and requirements (if applicable), In addition, Proposer states that he has included a certified copy of Contractor's License, and Monroe County Occupational License. (Check mark items above, as a reminder that they ,are included.) Mailing Address- 31160 Avenue C Big Pine Key, FL 33043 Phone Number: (305)872-2200 Date: Signed: 05/12/2014 Christian Brinson (Name) as President (Title) 5Y fi,�Wjtne�. "4,-,v eal) 3/15/2014 PROPOSAL Page 5 of 21 , . MARATHON AIRPORT CUSTOMS TERMINAL SECTNON00110 NON-COLLUSION AFFIDAVIT L Christian Brisoom of the city Big pine Key, FL according to law onmy oath, and under penalty mf perjury, depose and say that: 1 | am President of Pedro Falcon Electrical Contractors Inc. of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for: Marathon Airport Customs Facility, and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without noUunion, consultation, communication nr agreement for the purpose of restricting competition, as to any matter m|sdinQ to such prices with any other proposer or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly bedisclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor;and 4. No attempt has been made ur will be made bythe proposer bo induce any other person, partnership or corporation tm submit, or not 0o submit, o proposal for the purpose of restricting competition; and 5. The statements contained in this aOidewi( are true and conect, and made with full knuvNedgothaf said project. May 12 2014 06mature of Proposer) (Dote) STATE OF: FLORIDA COUNTY OF: K4ONR{}E PERSONALLY APPEARED BEFORE ME,the undersigned authority, Christian Bhanon who, after first being sworn by me, (name of individual signing)affixed his/her signature in the spare provided above on this 12 day of K4 ^2014 . *TAR P'.UdBJLIAC '. My commission expires: XM I Is Notary Public Sta(9 Of Florida 4ef IN, Laura A Sturgeon my commission EF-109001 W"-) Exphres 1010912016 ^ ^ MARATHON AIRPORT CUSTOMS TERMINAL SECTION 00110 LOBBYING ANDONEUrel QE INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 8UONROE COUNTY, FLORIDA ETHICS CLAUSE . Pedro Falcon Electrical Contractors, Inc. to (Company) ". warrants that he/it has not omp/oyed, retained o, otherwise had mmf on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1890. For breach or violation of this provision the County may, in its diocva(|on, terminate this oumtnuot without |ioN|ib/and may also, in its disomNnn, deduct from the contract or purchase price, or mdhemWoe recover, the full amount of any Yea, rommiooiom, perce:taQe, g0ft, or consideration paid to the former County officer nremp|nyee° Dote: May 12 2014 STATE OF: FLORIDA COUNTY OR K;UNFlC}E Subscribed and sworn tn(or affirmed) before meon May 12' 2O14 (date) [�hhxtio» 8h by no»n (name ofoffienD. He/We ia personally known tnme or has produced NA as identification. (Type of identification) 4TAPUMLIU My commission expires: MARATHON AIRPORT CUSTOMS TERMINAL DRUG-FREE 3&ORKPLACE EQRN The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Pedro Falcon Electrical Contractors, Inc. (Name of Business) 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 0). 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. Christian Brisson Proposer's Signature as President May 12, 2014 Date 3/15/2014 PROPOSAL Page 9 of 21 MARATHON AIRPORT CUSTOMS TERMINAL LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-20019 must complete this form. Name of Proposer/Responder Pedro Falcon Electrical Contractors, Inc, Date: May 12, 2014 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? Yes (Please furnish copy.) -Attached 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes List Address: 31160 Avenue C, (Big Pine Key, FL 33043 Telephone Number: (305)872-2200 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local busgTesje% le 1IW Per iorrm aozva s Wtoo Irvenrsisng and location? YES If yes, please provide: 1 1 % LocAl Subcontractors 26 .7% Non Local Subcontractors 1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. ,P 2. Subcontractor Address within Monroe County from which the subcontractor operates: Pedro:Falcon Electrical Contractors, Inc. Tel. Number (30:5) 872-2200 Print Name: Christian Brisson, as President Sid'rtatuFe and Title of Authorized Signatory for Proposer/Responder STATE OF FLORIDA COUNTY OF MONROE On this 12 day of May 20 14 , before me, the undersigned notary public, personally appeared Christian Brisson known to me to Ibe the person whose nairne is subscribed above or who produced NA as identification, and acknowleaged that he/she is the persoin who executed the aboveLocal Preference Form for the purposes 'therein contained. ;��-Zxj Irl otar Public tar Public 04,01 Jki% Notary Public State of Florida Laura A. Sturgeon Laura A Sturgeon My Commission IEE109001 Print Name Qiop fvr Expires 1010912015 My commission expires: Seal 3/15/2014 PROPOSAL Page 10 of 21 S4� � + =H mN a , <m N n>In z m D m m oo Ull � t (D Mn o > z En C pD R1 -' o O as z N O a3 0) J� 3 0 fy C N (n (D , 3 rn 3 o m m W rn n-M 3 n C O G) Z v O N O� � W fD .�.O 0O �O O Z z ; -I pp a AkAA 7 n r; m<D D TT11 , "_,z ,�Q '1r,r' A'41� ✓,w+�"„7 tl' '�� ry ' �h,A 41� r "Tl�1 per. * �'/�, '�4O Z 1"" f 11 n � kl O ar x tl ab N O m Z K ra " " � " ?,ti " fl (D en L Aa aA� ��,u M1 Z m R1 rn »: W W K � r 3 y l,:p YA 4� i "wr Q Ai r o v` fD %v.6 a14+q-� � w i ✓Tra j,"4 ry,„�vr� d �OCO 6 "f 5 A r "r �. �a. rt k " 'ii" tl '"' "� r tl W W p b tl 411 zCOOz _ Y �u ~ z3 'm o � nN o O � C o Z �> > Q o o M— Z n o �o � wm m r . , M 'V ;Q C o y mn 1 o s 11 70 rr D W c2 � X .._. _ _ m � M eo > W f A M '"' m N ClW '�y —zj „._... ... ., ,... +��. "r�ref�1wr� i �"k�tyr.a�� f � � �l�� Ar�, "-�, +��,, ".'„ " W�.,,,. � ..�� 'i " "��;)�. .. a'l dl k �,. , �,., �,�ti s',w• �, i ., •¢ ,.,.,� ,. sir w ,. � )Fpr�i m�� .�ra'^ and',' k�^'�� w '-aA'��,.�b�d�'�,*''�'�'"�'�' x�J"".��o ',rJ�"b�P� �FaT r��,l�"",(A��ti��AG a�,�,a31'�,e�rfar��.A�9,?��fA�l�t„�d.'�^` I '�4 ✓°' �'�Ym„a U � xI�&' a.M µ6r�'�.�, �. �,%^Wo. �av� .a,. � a��P r" a 'fie, s- V a .fid'. vn+� P.:, r .mr"k ro. ar d.d iPu,i Ar. .�'✓ MARATHON AIRPORT CUSTOMS TERMINAL SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w/area Fax: Cell: Address code 8 5.6% AAA Glass&Mirror Bud 305-940-2697 364 NE 191 St.Miami,FL 33170 9 2.8% American Flooring Specialties 954-456-0907 954-456-9871 200 NW 6th Ave.,Hallandale,FL 33009 13 1.2% Protective Systems Brian Pung 386-626-6129 386-944-5820 220 Springview Commerce Dr.Ste.170 Debary,FL 32713 * 13 1.6%Garys Plumbing&Fire Gary Contonze 305-296-6013 305-292-4978 6409 2nd Terrace,Ste.1 Key West,FL 33040 *14 6.6% TEM Environmental Tom McKcchnic 305-414-8290 3210 Flagler Ave.,Key West,FL 33040 *14 4.4% Atlantic Plumbing Tim Howanitz 305-294-4042 305-294-4047 5585 2nd Ave.#1,Key West,FL 33040 16 15.5% IFSS Justin Peterson 239-415-4374 239-415-4378 7857 Drew Circle Ste.15 Fort Meyers,FL 33967 16 1.6% Universal Cabling Mark Vanson 561-659-6224 561-659-6308 914 Fcrn St.Ste.A West Palm beach,FL 33401 *16 11.7%PFEC Electrical Bob Allsbrook 305-872-2200 305-872-2219 31 160 Ave C Big Pine Key,FL 33043 *49%Self-performed by Pedro Falcon Contractors Ken Bygler 305-872-2200 305-872-2219 31 160 Ave C Big Pine Key,FL 33043 *Signifies Local Contractor/Subcontractor 3/15/2014 PROPOSAL Page 11 of 21 MARATHON AIRPORT CUSTOMS TERMINAL MONROE COUNTY, FLORIDA Insurance Checklist FOR Proposer Workers' Coml2ensation x Workers" Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each emptoyee WC1 Employers Liability $100,000/$500,000/$100,000 WC2 Employers Liability $500,000/$500,000/$500,000 WC3 Employers Liability $1,000,000/$1,000,1000 /$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability 3/15/2014 PROPOSAL Page 12 of 21 MARATHON AIRPORT CUSTOMS TERMINAL General Liability As a minimum, the required general liability coverages will include: • Premises Operations Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits- GLI $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit GL2 $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 X $2,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. 3/15/2014 PROPOSAL Page 13 of 21 MARATHON AIRPORT CUSTOMS TERMINAL Vehicig Liability As a minimum, coverage should extend to liability for: 0 Owned; Non-owned; and Hired Vehicles Required Limits: VL1 $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). VI-2 $200,000 per Person; $300:,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VI-3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,00000 Combined Single Limit VI-4 $5,000,000 Combined Single Limit Miscellaneous Coverages BR1 X Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 300,000 per Occurrence/$ 500,00OAgg. PR02 Liability $ 500,000 per Occurrence/$1,000,000 Agg. PR03 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg- POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg. POL3 $5,000,000 per Occurrence/V 0,000,000 Agg. EDI Employee $ 10,000 3/15/2014 PROPOSAL Page 14 of 21 MARATHON AIRPORT CUSTOMS TERMINAL ED2 Dishonesty $100,000 GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MED1 Medical $ 300,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,0001$ 3,000,000 Agg. MEN $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of County Property that will be in the Bailee's possession. HKL1 Hangarkeepers $ 300,000 KL2 Liability $ 500,000 HKL3 $ 1,000,000 AI R1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence./$1,000,000 Agg. AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg. E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. E03 $ 1,000,000 per Occurrence/$3,000,000 Agg. 3/15/2014 PROPOSAL Page 15 of 21 MARATHON AIRPORT CUSTOMS TERMINAL WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND Pedro Falcon Electrical Contractors, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 (Bodily Injury by Accident $1,000,000 (Bodily Injury by Disease, policy limits $1,0,00:,000 (Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 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. WC3 3/15/2014 PROPOSAL Page 16 of 21 MARATHON AIRPORT CUSTOMS TERMINAL GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility, Marathon FL BETWEEN MONROE COUNTY, FLORIDA AND Pedro Falcon Electrical Contractors, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $2,000,000 Combined Single Limit (CSL) 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 (112) 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. GI-4 3/15/2014 PROPOSAL Page 17 of 21 MARATHON AIRPORT CUSTOMS TERMINAL VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Airport Customs Facility, Marathon FL BETWEEN MONROE COUNTY, FLORIDA ,AND Pedro Falcon Electrical Contractors, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 311512014 PROPOSAL Page 18 of 21 MARATHON AIRPORT CUSTOMS TERMINAL PROPOER'S INSURANCE AND INDEMNIFIQATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily injury by Disease Policy Limits $1,000,000 Bodily injury by Disease,each employee General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage XCU (explosion, collapse, and underground) Builder's Risk, including Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $ 500,000 per Person $1,000,000 per Occurrence .$ 100,000 Property Damage Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (fl) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default lin respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from 3/15/2014 PROPOSAL Page 19 of 21 MARATHON AIRPORT CUSTOMS TERMINAL 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. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. I fully accept the indemnification and hold harmless as set out on page 0,0110-12 of this proposal. Pedro Falcon Electrical Contractors, Inc. PROPOSER Signature Christian Brisson, as President 3/15/2014 PROPOSAL Page 20 of 21 MARATHON AIRPORT CUSTOMS TERMINAL INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES un _ Liability policies are , f&currence Claims Made Insurance Agency W1512014 PROPOSAL Page 21 of 21 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION " ELECTRICAL CONTRACTORS LICENSING ...BO ARD ($50) 4$7-1395 1940 NORTH MONROE STREET .w. TALLAHASSEE FL 32399-0783 ALLSBROOK, ROBERT DAVID PEDRO FALCON ELECTRICAL CONTRACTORS INC- 1515 NARCISSUS AVE BIG PINE KEY FL 33043 .t� t l• to�w?�P �'J�yAE C� FL�C�E�}P�t i.� M1.,,I ,� � ' �� j Congratulations. With this license you become one pf(tie nearty one million A w Floridians licensed by the[department of Business and Professional Regulation. �� .� Our professionals and businesses range from architects t4 acht brokers,from �w z�e �a nw r �, Jr boxers to barboqur restaurants,and they keep Florida's econorny strong. r r Every day we work to Improve the way we do business,In order to serve you better d f For information about our services,please log onto www.rrwygoridatioense.com. ^ .� RTI� • �„ � C ,R � +��,,C � ; There you can find more Information about our divisions and the regulations that impact you,subscribe to department newsletters and learn more about thePD i* �ONI"RST 'Department's initiatives. , Our mission at the Department is:License Efficiently,Regulate Fairly.We constanytiy strive to serve you bettor so that you can serve your customers. N ,a" ZP, r �s, fir`rtr Thank ou for doin busines n, s in Florida and congratulations on your new liccense i � � r � � r ti a rada�' DETACH HERE f ry y« ; '' s . �• 4* �'yq�7�3,� ?r +�a mod *r� ,S..L A"1"Ei:� 'O,F .`�. ':o ."rwr:.L»,�gYApsti p, �i ,�} ;� � �� . .w "i .^�;+ ,AD ,Ct �' A '�"OS �ICEN�S��G.,'BOA.E,D ,. �y�, '2 rr r4 t•av�R ., ,� t'�y' ^xk � t�'� �i ke d Y .bF � qu'.� s r >""r e a 7f. 9 .1,,,� yas,..eci ..�•: d P 8Y"w 4.�h ,:v��,..eMa,Trn,.b `i., »�1,. .h^CErA.•�'¢ ar�i'..b " Y � r ,� .„,4 ° 4 .tr w u M D �ryry� ' BATCHL'7CE M7 :AY d3 kC p' 40 " yLEC N ,e be wr E ,CERT E "; AB71 C }�7:' V Ik� E�Tr� � PE D O F NCO E � RICAL' COS FL 3304 ,„s BIG'; PIS Ey.. fir" K RI,CE:,,�S,COTT KEN LATrISON GO"v"ERNOR SECRETARY #CISRLAY AS REOUIRI D BY LAW m.y N M�' 3 , IrZyr i r t t ' �r,Pfir ' r t �7�"^yu �^r W " f Li ' '"1'" sad r 3"1" L 1P ° Nr a��"`dw fl r Uaa4 =riN"onrka Fury i5 - 1, ffy�wi° a,�x x W ti a r �dai r s fy �k Y,-Vrk8u4 . '�P»? � , ` ,� � �b r r r� Airy ✓" �"� �^a"" �*a'Y` ''�4{ '"� r 4 k b v� a M th, a r ✓r V yrc'. -40 - P n,rM raU �`� r��,v "Irr;YS r ry ,y� y ' vpWh tl y f ,�rf R a'Vr 6 4X ll a r v ,2013 / '2014 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTr=MBER 30, 2014 RECEIPT# 30140-9801 Business Name* PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Business Location: 31160 AVE C Mailing Address: QUALIFIER, ROBERT D ALLSBROOK BIG PINE KEY, FL 33043 ifi6i0'AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CG- Sub Penalty Cost Total Paid Tax Amount Transfer Tee -Total Prior Years Collection Co)()o 25.00 0 0.00 O.00 25.00 _�O�O �2�5.0O 0.00] --- Paid 115-12-00005546 08/2 812013 25,00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2014 PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801 Business Name'* CONTRACTORS INC PEDRO FALCON, CHRISTIAN N BRISSON Business Location: 31160 AVE C Owner Name: r�T BIG PINE KEY, FL 33043 Mailing Address: Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: ECO001491/CG Tax Amount Transfer Fee Sub-Total Penalty Jliz�n Total 1�Collection Cost _Lo�a�Ca.00 O.00 0.00 25.00 0.00.. 25.00-1 0.( 0.00 Q5TOO Paid 115-12-00005546 08/28/2013 25 . 00 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ■ ��t CONSTRUCTION INDUSTRY LICENSING BOARD w Fo1'1s77 ri d ThePNL BING.CONTRACTOP Named b low IS CERTIFIED Under,thy;provis ons of Chapter 489 F «.h Expgritlon data AUG 31 014 . .HC�WANI7 TjMOTHY,,CAR�"�.�¢� . E. K S,�INC. r 0 SS TI PLU BINS t x„T"HE ATANT�C µ � FL 3304t r i � � "" MA�lOR1�A RICK SCOTT ISSUED: 0310212013 SEQ# L1303020000618 KEN LAWSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY Congratutatfons! With this license you become one of the neatly STATE OF FLORIDA one mlgliun Florwdians licensed by ti a Departrnen ,of I usiness end DEP E,OF LORI BUSINESS AND, Professional'Regulation. our professionals,and ubusinesses range tl' . � E ULATION frorn architects to yacht brokers,from boxers to bareue restar�rants, � IR }F� C � CFC14 . and they keep Florida's economy strung. � # "�� 43/0 /2013. or 2Sg. r Every day we wok to improve the wy wee doe in order to V a, serve you better. For information,about our aarvicet,please jog onto CERTIFIILD P �N�y �O' O R ' wwN.myfto dilicense,com. Ther " ou can find more information.* ��, HOW,W NITZ T m''a �r about our divisions and the re utatio snore about the u,subscribe s I �,tNC that impact you,strbs'cribe IC PI IIIN , r1s p �r '•�ATLP+N to department newsletters pn learn p Initiatives. r� o a Our mission at the Department is;License Efficiently,Regulate Fairly. t' ;ts cFRTiFI our r fro prnvaisions'of Ch 489 TS e constantly strive to serve you better so that you can serve your o�a� lu�c s7 03030'00DWs customers. Thank you for doing business in Florida, , *v°-, �„ Cv o , r,,,via., �v a� t A"AWIt and congratulations on your new license! :.. The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. k., For more information, please go to www.VivaFlorida.org. filltlilltitlltlft. DETACH HERE i N O O Ln 00 tl1Ill = ,s ON N' � rd�.� .; (e1 N a aU t� 4 -4 r ads N a Z p 14 U4.) M w o V 1 U m U U •� m (d 41 W 14 0 H i •m V. •� P4 A � 4 U W k+ H 1 M 1 U 4.) � > z 0 z o (V H V a P� rn r 4-1 z � � � a) w 1 U N N 1D N U I'd A O N O d' ' O � O O N l0 O 10 '...� 4O m W d� w I '� In l0 Il'1 4 H K H r i Ni � Z Mir yr w W bO •d uull U) H W a x u+ �rd Z u � w �, W H m o a a m u 1 Z r-I r-i V U1 U U N U 'd 0 41 O W N W m� a a H a rd a N H M