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08/19/2020 Agreement ;#94 , Kevin Madok, CPA a:.. '' "rs f Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: August 12, 2020 TO: Brcanne Erickson, Contract Administrator Project Management FROM: Pamela G. Hanco&,I.C. SUBJECT: August 19' BOCC Meeting/Emergency Processing Attached is an electronic copy of the following item for your handling C31 Waiver of purchasing policy and approval/ratification of emergency contract with Keystar, Inc. to repair the exterior insulation and finish system (EIFS) at die Monroe County Sheriff 011ice Administration Building at a cost of$304,954.00. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 The Florida I{C Mayor Pro Tern Michelle Coldiron,District 2 ys Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: C.31 Agenda Item Summary #7205 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Matthew Howard(305)292-4337 n/a AGENDA ITEM WORDING: Waiver of purchasing policy and approval / ratification of emergency contract with Keystar, Inc. to repair the exterior insulation and finish system (EIFS) at the Monroe County Sheriff Office Administration Building at a cost of$304,954.00. ITEM BACKGROUND: The Monroe County Sheriff Office Administration Building has had a new roof and new windows installed post-Hurricane Irma, but the building is still not watertight causing water intrusion which can result in mold and mildew growth and air quality issues. Staff hired an Engineering firm to perform an assessment on the building and it was determined that the exterior insulation and finish system (EIFS) at the MCSO Admin Building is the cause of the water intrusion and is therefore in need of repairs. In order to prevent ongoing water intrusion and air- quality issues in the building during the rainy season, the repair work needs to be started immediately. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval/Ratification of contract with Keystar, Inc. DOCUMENTATION: Agreement_Keystar_MCSO Envelope_legal stamped Legal Memo_MCSO Envelope Repairs waiver of purchasing policy Legal Memo_Responsive Bidder selection process FINANCIAL IMPACT: Effective Date: 7/31/20 Expiration Date: 75 days after NTP issued Total Dollar Value of Contract: $304,954.00 Total Cost to County: $304,954.00 Current Year Portion: $225,000.00 Budgeted: Yes Source of Funds: 24000—CG2006 &20501 CPI: N/A Indirect Costs: staff time Estimated Ongoing Costs Not Included in above dollar amounts: normal maintenance Revenue Producing: No If yes, amount: Grant: n/a County Match: n/a Insurance Required: Yes Additional Details: N/A Cost of repairs will be $304,954.00 07/31/20 304-24000 • GEN GOVT CAP PROJECTS $304,954.00 CG2006& 20501 REVIEWED BY: Cary Knight Completed 08/04/2020 9:24 AM Kevin Wilson Completed 08/04/2020 9:50 AM Joseph DiNovo Completed 08/04/2020 1:14 PM Purchasing Completed 08/04/2020 1:28 PM Budget and Finance Completed 08/04/2020 1:59 PM Maria Slavik Completed 08/04/2020 4:16 PM Kathy Peters Completed 08/04/2020 4:25 PM Board of County Commissioners Pending 08/19/2020 9:00 AM Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 31st day of July, 2020 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Keystar Inc. 506 Fleming Street Key West, Florida 33040 For the following Project: MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING ENVELOPE REPAIRS Scope of the Work The Contractor is required to provide a complete job as contemplated in this Agreement. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Scope of work shall include the following: • Clean EIFS and all stucco outside using approved method • Patch EIFS as needed using approved method (Patched areas are to receive a skim coat of stucco and texture) • Repair EIFS as needed using approved method (Repaired areas will require repairs to the insulation • Re-coat EIFS with required number coats of Approved Paint • Caulk all windows joints using Approved Caulk • Repair Steel Corner Guards on ground level Columns using approved method • Removal and reinstallation of existing signage, mounted accessories, or other trim. GENERAL CONDITIONS Page 1 of 178 • Provide Dowsil 123 Silicone Seal in lieu of removal of perimeter sealant and R&R of"L-Flashing" • Windows Prep/ Caulk glass to metal • Provide Dowsil VIP Warranty ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), 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: N/A 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 Seventy-Five(75) 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 shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day GENERAL CONDITIONS Page 2 of 178 The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 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 Three Hundred Four Thousand Nine Hundred Fifty- Four and 00/100 Dollars ($304,954.00), 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: Alternate 1 —Provide Dowsil 123 Silicone Seal in lieu of removal of perimeter sealant and R&R of"L-Flashing" Negative Seven Thousand and 00/100 Dollars ( - $7,000.00) DEDUCTION Alternate 2 —Windows Prep/ Caulk glass to metal Nineteen Thousand Five Hundred and 00/100 Dollars ($19,500.00) Alternate 3 — Provide Dowsil VIP Warranty Three Thousand Four Hundred and 00/100 Dollars ($3,400.00) 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments GENERAL CONDITIONS Page 3 of 178 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 (1) 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 Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. GENERAL CONDITIONS Page 4 of 178 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 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. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions GENERAL CONDITIONS Page 5 of 178 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: N/A 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 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 thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. 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 (4) 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, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files; original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting GENERAL CONDITIONS Page 6 of 178 documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. 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, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 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. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 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 GENERAL CONDITIONS Page 7 of 178 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 advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that effect the Project will be provided to each party. 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. This provision does not negate or waive the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or cancellation. 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/Equal Employment Opportunity. The parties 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. The parties 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 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which GENERAL CONDITIONS Page 8 of 178 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) 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. 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) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. GENERAL CONDITIONS Page 9 of 178 o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the GENERAL CONDITIONS Page 10 of 178 requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(kMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. p) 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. q) 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. r) 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 GENERAL CONDITIONS Page 11 of 178 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. s) 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. t) 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. u) 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. v) 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. w) Hold Harmless, Indemnification, and Defense. 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 recklessness, intentional wrongful misconduct, errors or other wrongful act or omission 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). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. 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. GENERAL CONDITIONS Page 12 of 178 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) 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. y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance 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. z) 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. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be GENERAL CONDITIONS Page 13 of 178 construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: KeyStar Inc. Attn: Charles Spottswood 506 Fleming Street Key West, Florida 33040 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. GENERAL CONDITIONS Page 14 of 178 The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: • Exterior Waterproofing Recommendations Report performed by CPH, Inc dated July 13, 2020, hereinafter designated as Exhibit A. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A GENERAL CONDITIONS Page 15 of 178 9.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW GENERAL CONDITIONS Page 16 of 178 Z �. •cation by the Contractor must be by a person with authority to bind the entity. h' _ 4.1 4ra URE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. i �� BOARD OF COUNTY COMMISSIONERS tiii evin Madok, Clerk OF MONROE Cr UNTY, FLORIDA �� Sr , By: it Deputy Clerk Ma "TV asT Date 11t 7-o ao . not :n e'AnC.F:oEnC.F.KE (SEAL) `` calm: 7 31 2n20 CONTRACTOR'S Witnesses Attest: CONTRACTOR: KEYSTA Contractor must provide two witnesses — signatures Signatur : Si;nr r TDd ?? % _ Print Name:G"`w\GA S o w,::cA Print Na mg:Cleo N,wWkINS Title: PC-CS tav✓t-k Date: fir- IIJ^DIO Date: g10 - 7.o �C/ Q co.„ Signature: 4j'^ 0"" - -„ /J Print Name: thee/ C Nri/OC - a _ = m Date: te ^ IV— ,, = L Tz / F O N STATE OF FL COUNTY OF Mon toe On this IQ �Jay of YN4jV 73k , 20Q, before me, the undersigned notary public, I I g'physical presence or 0 online, personally appeared (ka.' eS SPv4kQ4Wae.4 .nown to , to be the person whose name is subscribed above or who produced_ as identification. AMY E.MATLOCK p�'10 �qqq ��, � r NOTARY PUBLIC Notary Public !t f __1st i' STATE OF FLORIDA Print Name t \ .MA ma-"frCC-k : • CcnflGG19686a 't ^^ !T - Expires 3115/2G22 My commission expires: 3-16- �o d� (Seal) GENERAL CONDITIONS Page17 of17S GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00120 Required County Forms Section 00130 Insurance Requirements Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL CONDITIONS Page 18 of 178 SECTION 00120 NON-COLLUSION AFFIDAVIT 1, QhctAf, 4 of the city according to law on my oath, and under penalty of perjury, depose and say that: 1 lam of the firm of kl'c the proposer making the Proposal for the project described in the notice for calling for proposals for: to C S 0 A 6 vA, V(�-V-� v V%C-L""k C"s 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 collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 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 be disclosed 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 or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowled of s 4.0.poJe L, (��Ignaturd_&Pr user) (Date) cl STATE OF: FL- COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of CV/physical presence or 0 online notarization, on (date) by (name of afflant). "e heQ]�ersonk_-Ffly—�, me or has produced (type of identification) as identification. '11KI 16 JWy Ay E.MATLOCK NOTARY PUBLIC _�PSTATE OF FLORIDA NOTARY PUBLIC Comm#GG1 96863 Expires 3/16/2022 My commission expires: GENERAL CONDITIONS Page 19 of 178 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE j J (Company) warrants that he/it has not employed, retained or otherwise had act 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. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) q 2- Date: STATE OF: of^J e COUNTY OF: OL "A oe Subscribed and sworn to (or affirmed) before me, by means of hysical presence or 0 online /1-111, notarization, on -�:, 10 - S�o (date) by 5 AlSt,6 C?-�d (name of affiant). She is(er�nll (known to me or has produced (type of identification) as identification. AMY E.MATLOCK NOTARY PUBLIC 1 41 STATE OF FLORIDA NOTARY PUBLIC Comni#GG196863 "vct lgy(SE-ALrys 3/15/2022 My commission expires: 2-- GENERAL CONDITIONS Page 20 of 178 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) i Publishes statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of non1puUod 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, rehabi|itadion, 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 e copy ofthe statement specified |n subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|m contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any atu(e. for violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes sanction on, or require the satisfactory participation in m drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 8. Makes a good faith effort to continue to maintain adruQ-fmee workplace through implementation of this section. As the person authorized to sign the statement, | certify that this firm |i fully with the b requirements. Proposer s Si ature —[0 -- 2, «b2_6 Date � � STATE OF: /_Lo« COUNTY OF: Subscribed and sworn bo (or affirmed) before me, by means mf11<h ical presence or OonDme nntmdzat[o (date) by (name of affimn�. �� ers��Sheiatomoor has produced (type of[dent�nedon) �� as identification. 4MvEM\TLOCK NOTARY PUBLIC NOTARY PUBLIC '5 —STATE OF FLORIDA GENERAL CONDITIONS Page 21mf178 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder..l tAC- 6[y,,v�t� Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? Ve5 I _(Please furnish copy.) 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?y�, 5 (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal.) List Address: 50 6 L-4 Uj c,5'- L , 23 2, V Telephone Number:— B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? A/ If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1)year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bids or proposals) Tel.Number Address Print Name: Ch 'S-iga—nature and-Titl'eo Authorized Sianatory for Bidder/Responder STATE OF: r C COUNTY OF: YV)r�r c" Subscribed and sworn to (or affirmed)before me, by means of Eg-ohysical presence or El online notarization, on (date) by f-6--,2 (name of want). eShe is ersonally kn to me or has prod AMy E.MATLOCK (type cation)as identification. NOTARY PUBLIC 111/1y� -STATE OF FLORIDA L Comm#GG196863 El Expires 3/15/2022 NOTARY PUBLIC ' 00 (SEAL) My commission expires:_ GENERAL CONDITIONS Page 22 of 178 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither , (Proposer's name) nor any Affiliate has been placed on the convicted vendor list 6thin CWe last thirty-six (36) months. (Sjgnaturey� Date: - t -2- STATE OF: Et()I" T'A, COUNTY OF: 1 Subscribed and sworn to (or affirmed) before me, by means of D<hysical presence or El online notarization, on a (date) 44s by lfs (name of affiant).0e She i<Cersona_1_1y-_— :Se� Lj L-�Lod rially -LJL\ Ckno t o me or has produced (type of identification) as identification. a, AMY E.MATLOCK NOTARY PUBLIC 0040TARY PUBLIC 1 STATE OF FLORIDA �mrn#GG196863 My commission expires: ,Wvc %'ONE Expires 311512022 VC 1.GENERAL CONDITIONS Page 23 of 178 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Vendor's Authorized Representative Name and Title: �~ Phone Number - \ Email Address: C Section 287.135, Florida Sbabu1on prohibits a company from bidding on, submitting u proposal for, or entering into or renewing o contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Florida Stabubas, or is engaged in a Boycott of Israel. Section 287.135, Florida Sbstutem, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods o/ services of$1.00Q,0OOor more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant buo. 215473. Florida Shytutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. i understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be temninatad, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: 'ka r who is authorized to sign on behalf of th b referenced m any. Authorized Signature: Title Note: The List are available at the following Department uf Management Services Site: httQ://ww�6w,dm�s.m�flo�'ida.com/business operations/state purchasing/vendor information/convic!gAjusp ended dL� �Djts_��endor lists GENERAL CONDITIONS Page 24of17D SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in 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 contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. GENERAL CONDITIONS Page 25 of 178 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. GENERAL CONDITIONS Page 26 of 178 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING ENVELOPE REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. 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 $1,000,000 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. GENERAL CONDITIONS Page 27 of 178 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING ENVELOPE REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $ 500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL CONDITIONS Page 28 of 178 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING ENVELOPE REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 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 29 of 178 CONTRACTOR'S 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 $1,000,00 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless, Indemnification, and Defense. 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 recklessness, intentional wrongful misconduct, errors or other wrongful act or omission 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). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. 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 GENERAL CONDITIONS Page 30 of 178 section will survive the expirationof the term Vf this Agreement nr any earlier termination mJthis Agreement. In the event that the completion of the project (to include the vvod« of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor ehmU| indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUn0/ by virtue Of any deficiency Or ambiguity inthe 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 ($10.80) of remuneration paid to the Contractor ie for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the inamn@nms requirements contained a|sovxhenm within this AGREEMENT. CONTRACTOR'S STATEMENT | understand the insurance that will be mandatory if awarded the contract and will comply infull with all of the requirements herein. | fully accept the indemnification and hold harmless and duty ho defend as set out in this proposal. KEY8TAR |NC. L��" , Signature Print Name GENERAL CONDITIONS Page 3lof178 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 or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract GENERAL CONDITIONS Page 32 of 178 SECTION 00750 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), 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. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the 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. 1.1.7 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. GENERAL CONDITIONS 00750- Page 33 of 178 1.2 Execution, Correlation and Intent 1.2.1 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. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.3 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. 1.2.4 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. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are 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, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be GENERAL CONDITIONS 00750- Page 34 of 178 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. 2.0 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). GENERAL CONDITIONS 00750- Page 35 of 178 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, 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 twenty-four (24) hours' notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and Contractor is required to rectify any deficiency immediately. 3.0 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 GENERAL CONDITIONS 00750- Page 36 of 178 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. 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. GENERAL CONDITIONS 00750- Page 37 of 178 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 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 Not Used 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 GENERAL CONDITIONS 00750- Page 38 of 178 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. 3.10.3 The Contractor shall conform to the most recent schedules. 3.10.4 Project Management will schedule and conduct a project meeting at a minimum of one (1) 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 3.11.1 The Contractor shall maintain at the site for the Owner one (1) 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 GENERAL CONDITIONS 00750- Page 39 of 178 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 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 3.12.5 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. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by 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. GENERAL CONDITIONS 00750- Page 40 of 178 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Project Management and Architect on previous submittals. 3.12.10 Informational submittals upon which Project Management are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Project Management for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. 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/her 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/her materials and equipment and the execution of his/her 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. GENERAL CONDITIONS 00750- Page 41 of 178 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 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 recklessness, intentional wrongful misconduct, errors or other wrongful act or omission 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). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. GENERAL CONDITIONS 00750- Page 42 of 178 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. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 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 number. The term "Architect' means the Architect or the Architect's authorized representative. 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. GENERAL CONDITIONS 00750- Page 43 of 178 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. 4.6.6 Project Management will not have control over nor be in 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 be in 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 by 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 Contractors 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. GENERAL CONDITIONS 00750- Page 44 of 178 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 not such Work is fabricated, installed or completed. The foregoing authority of Project Management will be subject to the provisions of Subparagraphs 4.6.17 through 4.6.19 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 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 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. GENERAL CONDITIONS 00750- Page 45 of 178 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 7.3. 4.6.15 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. 4.6.16 Project Management will provide one (1) or more project representatives to assist in carrying out his/her 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. 4.6.17 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 fifteen (15) days after written request is made for them. 4.6.18 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 be liable for results of interpretations or decisions so rendered in good faith. 4.6.19 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. GENERAL CONDITIONS 00750- Page 46 of 178 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Contractor seeks to make a claim for an increase in the contract price, as a condition precedent to any liability of the Owner therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of this Section and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the 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 ten (10) 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. 4.7.6.1 As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and Owner Engineer written notice of, and an opportunity to observe, such condition prior to disturbing GENERAL CONDITIONS 00750- Page 47 of 178 it. The failure by the Contractor to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to(1) a written interpretation from Project Management, (2) a written order for a minor change in the Work issued by Project Management, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein. In a claim by the Contractor against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Contractor shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Contractor or any estimated costs or damages. 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. 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 twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS AND SUB-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" GENERAL CONDITIONS 00750- Page 48 of 178 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 proposed 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 in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute. However, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or 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 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 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: GENERAL CONDITIONS 00750- Page 49 of 178 .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 thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 6.0 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/her work with the work of other contractors on the site. The Owner and Project Management shall be held harmless for any and all costs and time increases 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. 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. GENERAL CONDITIONS 00750- Page 50 of 178 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/she is entitled to an extension of time for completion of any portion or portions of the work, he/she shall, within seventy-two (72) hours of the occurrence of the cause of the delay, notify Project Management in writing, of his/her 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 seventy-two (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/she 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/she 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 have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his/her 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. 7.0 CHANGES IN THE WORK 7.1 Changes GENERAL CONDITIONS 00750- Page 51 of 178 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Project Management and Contractor. A Construction Change Directive requires 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 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Project Management is received, shall GENERAL CONDITIONS 00750- Page 52 of 178 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 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. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by 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 a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work(other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 If the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent(5%) and the maximum percentage for profit shall be five percent (5%); .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%); .3 If the Subcontractor performs part of the actual Work, his/her percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%) on his/her direct Work only. If the Contractor performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. GENERAL CONDITIONS 00750- Page 53 of 178 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. 7.2.6 If the Contractor claims that any instructions given to him/her by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he/she 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. 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. 7.2.8 One or more changes to the Work within the general scope of this Contract, may be ordered by Change Order. The Owner may also issue written directions for changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Contractor knew or should have known. 7.3 Authority 7.3.1 Project Management will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order GENERAL CONDITIONS 00750- Page 54 of 178 issued through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed per this 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. 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 GENERAL CONDITIONS 00750- Page 55 of 178 paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his/her refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before 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 (15) days before the date established for each progress payment, the Contractor shall submit to Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .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. GENERAL CONDITIONS 00750- Page 56 of 178 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s) for said materials, less retainage per Sec. 00500, 5.6.1-5.8 and F.S. 218.735 (8)(a). 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 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 GENERAL CONDITIONS 00750- Page 57 of 178 representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous 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 00750- Page 58 of 178 .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/her 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. GENERAL CONDITIONS 00750- Page 59 of 178 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project Management will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the 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 in order to determine and record the condition of the Work. GENERAL CONDITIONS 00750- Page 60 of 178 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. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Project Management's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 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 thirty ( 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 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment. (2) Continuation Sheet. (3) Certificate of Substantial Completion. (4) Contractor's Affidavit of Debts and Claims. (5) Contractor's Affidavit of Release of Liens. (6) Final Release of Lien. (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. GENERAL CONDITIONS 00750- Page 61 of 178 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and 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 Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 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, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner 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. 10.1.3 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 GENERAL CONDITIONS 00750- Page 62 of 178 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 in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 10.2 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 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 10.2.1.2, 10.2.1.3, and 10.2.1.4 caused in whole or in part by the Contractor, a GENERAL CONDITIONS 00750- Page 63 of 178 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. 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified 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 GENERAL CONDITIONS 00750- Page 64 of 178 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 complete copy of the actual insurance policy with all endorsements, amendments, exclusions and notices of changes to the policy, at the County's discretion. 11.1.5 The County, at its sole option, has the right at any time to request and obtain a certified complete copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the Monroe County Board of County Commissioners will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida. 12.0 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. GENERAL CONDITIONS 00750- Page 65 of 178 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, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby. 12.2.2 If, within one (1) 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 (1) 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 equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. GENERAL CONDITIONS 00750- Page 66 of 178 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 (1) year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 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/herself, his/her partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Not used. 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 GENERAL CONDITIONS 00750- Page 67 of 178 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. 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. 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. 13.5.5 If Project Management is to observe tests, inspections or approvals required by the Contract Documents, Project Management will do so promptly and, where practicable, at the normal place of 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. 14.0 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: GENERAL CONDITIONS 00750- Page 68 of 178 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, seventy-two (72) hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1. the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination, the Owner shall pay forwork completed to date of Termination. End of Section 00750 GENERAL CONDITIONS 00750- Page 69 of 178 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN A. REGULATIONS AND POLICIES Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Contractor shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Contractor is to hold and save harmless Monroe county Florida free from any claims or causes of action whatsoever resulting from the Contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: U.S. Government Printing Office Bookstore 710 North Capitol Street N.W. Washington, DC 20401 htt .Ilwww. o. ovlaboutlbookstore.htr B. GENERAL CONTRACTOR REQUIREMENTS 1.0 SAFETY PROGRAM Each Contractor and sub-contractor are to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Contractor is to submit in writing a proposed comprehensive site-specific safety program for approval to the Contracting Officer for Monroe County before the start of construction operations. The program is to specifically state what provisions the Contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. 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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 70 of 178 The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.1 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. 1.2 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. 1.3 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. 1.4 SAFETY MEETINGS A minimum of one (1) "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/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.5 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 71 of 178 equipment shall be stored in a safe and orderly fashion. Each contractor shall donate (10%) ten percent of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed duration of three (3) 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/her 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 ten (10%) percent, 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/her work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the Contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. C. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.6 FIRST AID TRAINING 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. 1.7 REPORTS Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. PROJECT SAFETY AND HEALTH PLAN 00970- Page 72 of 178 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. 1.8 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 one (1) kit for each twenty-five (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 (1) 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. 2.3 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. 2.4 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: (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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 73 of 178 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. 2.6 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 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 jobsite. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be (18) eighteen 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 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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 74 of 178 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 rock 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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 75 of 178 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed twelve percent (12%) 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) twelve 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 76 of 178 Contracting Officer. Test data shall be recorded and a copies furnished to the Contracting Officer. 5.4.2 PERFORMANCE TEST—POWER CRANES(Crawler mounted, truck mounted and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering and braking the load and rotating the test load through 3600 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case. 5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR Power cranes (includes draglines)with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION 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) twelve months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be 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 830 or less, until completely stopping the boom at not over 870 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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 77 of 178 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self- propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or Concrete Boom Truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding (75%) seventy-five percent 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 (PE) (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 —five (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 (1) 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 78 of 178 acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The Contractor is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The Contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The Contractor is responsible to obtain all information that is necessary to develop a power line safety plan. The Contractor is responsible to train all personnel involved in the Assembly/Disassembly and or Crane Lift. The Contractor must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, and Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operator's manual) • Area (Quadrant) of Operation Diagram • Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project • Jurisdictional Registration, if required • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load/ Unload, Etc. • JHA for Power Line Encroachment • Third Party Inspection Certification and Report — see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA) • Weights of Materials • Rigging Plan • Logistics Plan The Contractor shall comply with the Site-Specific Safety Plan. The Contractor / Crane Company / Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors, and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. PROJECT SAFETY AND HEALTH PLAN 00970- Page 79 of 178 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 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) six feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage 1. does not block the opening to within one (1) foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION 7.1 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 ensure 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 ELECTRICAL LINES OR OTHER UTILITIES 8.1 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 80 of 178 Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed. (d)To continuously supervise and inspect the work being performed, to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or Project Management. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING 9.1 The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his/her 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. 9.2 It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. 9.3 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. 9.4 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. 10.2 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.3 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, PROJECT SAFETY AND HEALTH PLAN 00970- Page 81 of 178 Contractor, and Project Management shall then proceed in the same manner described in Subparagraph 10.1 10.4 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 11.0 SAFETY OF PERSONS AND PROPERTY 11.1 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. 11.2 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. 11.3 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. 11.4 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. 11.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses11.1.1-11.1.4 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 82 of 178 Clauses 11.1.1-11.1.4, 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. 11.6 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. 11.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 12.0 EMERGENCIES 12.1 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. End of Section 00970 PROJECT SAFETY AND HEALTH PLAN 00970- Page 83 of 178 SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.0 RELATED DOCUMENTS A. Drawings and General Requirements of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.1 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 1 Section "Cutting and Patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. F. 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 ensure 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 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 84 of 178 what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. 1.2 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/her conformance of the work to the Contract Drawings and Specifications. 1.3 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his/her work force on this project as well as the quality of the material, equipment, and supplies furnished by him/her to be incorporated into the work. B. The Contractor will provide a Quality Control Plan for approval and designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his/her duties but the primary responsibility and authority will rest on him/her. 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/her drawings, procurement documents and contracts to ensure 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/her 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 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 85 of 178 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. G. The Contractor's Quality Control Representative shall be required to attend periodic scheduled Quality Control meetings at the discretion of Monroe County Project Management 1.4 INSPECTION AND TESTING A. The Contractor shall be responsible to secure, provide, and pay for all inspections, test, and other quality-control services specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1. Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Contractor's responsibility, the Contractor shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. a. Where the Owner has engaged a testing agency for testing and inspecting part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Contractor is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 86 of 178 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify 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. E. 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. F. 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 (Contract Closeout) for contract closeout. G. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to Project Management. If the Contractor is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Contractor. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 87 of 178 g. Identification of product and Specification Section. h. Complete inspection or test data. I. Test results and an interpretation of test results. j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested Work complies with Contract Document requirements. I. Name and signature of laboratory inspector. M. Recommendation on re-testing. F. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. 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. G. General: Upon completion of inspection, testing, sample taking and similar services, the Contractor is to: 1. Repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". 2. Protect construction exposed by or for quality-control service activities and protect repaired construction. 3. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. 1.5 INSPECTION PLAN The contractor will utilize 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 will consist of, but not be limited to the following: 1. Preparatory Inspection—Prior to commencing 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) 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. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 88 of 178 (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: Project Management will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection—Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with Project Management's representative and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment, and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Note: Project Management will record the minutes to this inspection 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 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 1.6.13 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. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 89 of 178 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/she 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 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/she so desires. This inspection shall be completed at least (15) fifteen 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. 1.6 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 performed that day, all test monitoring, and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Project Management. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 90 of 178 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/her information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of Project Management. 1.6 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/her action. Any action items noted during an audit for the Contractor will be followed up and documented to ensure compliance and avoid recurrence. End of Section 00980 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 91 of 178 SECTION 01015 CONTRACTOR'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." CONTRACTOR'S USE OF PREMISES 01015- Page 92 of 178 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. End of Section 01015 CONTRACTOR'S USE OF PREMISES 01015- Page 93 of 178 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's Construction Schedule, Schedule of Values, and the initial Submittal Schedule have been received, reviewed, and approved by Project Management. B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70 et seq., Florida Statutes. D. Monroe County makes every effort to meet the payment schedule. It is requested that the contractor not make any calls to any County office inquiring about payment until the twentieth (20th) day after submission of the pay request. 4. MONTHLY PAY REQUEST PROCEDURE A. Project Management to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for Project Management to have a correct and complete package of documents twenty (20) days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for Project Management to obtain necessary signatures and submit project for Final Payment. Contractor shall submit all required forms and releases to Project Management. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion APPLICATION FOR PAYMENT 01027-Page 94 of 178 (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien Also, all warranties and guarantees required by Contract, "As-Built' drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form. C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Project Management. Final Pay Request must be submitted no later than thirty (30) days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. APPLICATION FOR PAYMENT 01027-Page 95 of 178 cz wp 00 El bio Is S R E E a DaP 0 0 u0 0 al E L-4 Ix 3: as zd o 0 0 '-E > co m 9 Li! w E M, 4i -Q cx v 6W E w z -Z o cL-o rj 1� 0 E m S Lij LL. a. LU 17 91 ox a 0 na k7 w is wj ca U Imm Lo LLj m LL m Ix x I- It E E PL lo o z L: zo o LLJ m U r < st z Ix w Qmap J Ltj E 12 2 r m ut n r- m bio ai a ti w n o 0 a p v €a aw Z w � � a a Of O LL O a U c�a cd ca c� rya cv' ra J r n a MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: INITIATION DATE: (change order date) CHANGE ORDER NO: TO CONTRACTOR: (name &address) 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 this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum _(Guaranteed Maximum Price) including this Change Order is.......$ 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 justification: This change order is % of the original contract price. Not valid until signed by Owner,Architect(if applicable), and Contractor ARCHITECT: Date CONTRACTOR: Date DIRECTOR PROJECT MANAGEMENT Date COUNTY/ASSISTANT ADMINISTRATOR: Roman Gastesi Date Kevin Wilson Christine Hurley APPLICATION FOR PAYMENT 01027-Page 98 of 178 Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater) Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑ No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 99 of 178 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 Manager's best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as: which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 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 (time), 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 follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. APPLICATION FOR PAYMENT 01027-Page 100 of 178 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 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed below, he/she 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 CONTRACTOR: HERETO: 1. Consent of Surety to Final Payment. Address Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used forthis purpose. Indicate (Signature of authorized representative) attachment: yes ( ) no ( ) The following supporting documents should be (Printed Name and Title) attached hereto: STATE OF: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. COUNTY OF: Subscribed and sworn to (or affirmed) before me 2. Separate Releases or Waivers of Liens from Subcontractors and material and by means of ❑ physical presence or ❑ online notarization, on (date) equipment suppliers, to the extent required by the Owner, accompanied by by (name a list thereof. of affiant). He/She is personally known to me or has produced 3. Contractor's Affidavit or Release of (type of identification) as identification. Liens. NOTARY PUBLIC (SEAL) My commission expires: APPLICATION FOR PAYMENT 01027-Page 101 of 178 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 have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: STATE OF: COUNTY OF: SUPPORTING DOCUMENTS ATTACHED HERETO: Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online 1. Contractor's Release or Waiver of Liens, notarization, on (date) conditional upon receipt of final payment. by (name of affiant). He/She is personally known to me or has produced 2. Separate Releases or Waivers of Liens from (type Subcontractors and material and equipment of identification) as identification. suppliers, to the extent required by the Owner, accompanied by a list thereof. NOTARY PUBLIC CONTRACTOR: (SEAL) Address My commission expires: (Signature of authorized representative) (Printed name and Title) APPLICATION FOR PAYMENT 01027-Page 102 of 178 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 quitclaim 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 STATE OF: (Name of Company) COUNTY OF: (Signature of authorized representative) Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on (date) (Printed name and Title) by (name of affiant). He/She is personally known to me or has produced Witness (type of identification) as identification. Witness NOTARY PUBLIC (SEAL) My commission expires: APPLICATION FOR PAYMENT 01027-Page 103 of 178 MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS,that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to,or for the benefit of the undersigned for improvement to the subject property have been paid in full.Any and all suppliers of labor, material or services for improvement to the subject property,who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none,write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it,that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee,Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20_ Witness Name of Company Witness Signature, Title STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: ALTERNATES 01030-Page 104 of 178 SECTION 01030 ALTERNATES PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by 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. End of Section 01030 ALTERNATES 01030-Page 105 of 178 SECTION 01040 PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Contractor necessary for Project coordination including, but not necessarily limited to: 1. Coordination. 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. B. Field engineering is included in Section 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. PROJECT COORDINATION 01040-Page 106 of 178 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. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01301 "Submittals". B. Staff Names: Within fifteen (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. PROJECT COORDINATION 01040-Page 107 of 178 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. Recheck measurements and dimensions, before starting each installation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to Project Management for final decision. 3.2 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. PROJECT COORDINATION 01040-Page 108 of 178 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: LIMITING EXPOSURES 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 3. Excessively high or low temperatures 4. Thermal shock 5. Excessively high or low humidity 6. Air contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation 18. Combustion 19. Electrical current 20. High speed operation 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism End of Section 01040 PROJECT COORDINATION 01040-Page 109 of 178 SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements of the Contractor for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section: "Coordination" for procedures for coordination cutting and patching with other construction activities. 2. Division 2 Section: "Selective Demolition" for demolition of selected portions of the building for alterations. 3. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. 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. 8. Where cutting and patching involves adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with the original structure. 9. Approval by Project Management to proceed with cutting and patching does not waive Project Management's right to later require complete removal and replacement of unsatisfactory work. 1.3 NOT USED CUTTING AND PATCHING 01045-Page 110 of 178 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. 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. g. Structural decking. h. Stair systems. i. Miscellaneous structural metals. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 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 building's aesthetic qualities. Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. 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. CUTTING AND PATCHING 01045-Page 111 of 178 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 1. Before proceeding, meet at the Project Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. CUTTING AND PATCHING 01045-Page 112 of 178 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. 4. Comply with requirements of applicable Division 2 Sections where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by- pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Where removing walls or partitions extends one finished area into 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 piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged piping covering to its original condition. End of Section 01045 CUTTING AND PATCHING 01045-Page 113 of 178 SECTION 01050 FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Contractor for field-engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner-accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of"Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. FIELD ENGINEERING 01050-Page 114 of 178 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 two (2) permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. FIELD ENGINEERING 01050-Page 115 of 178 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. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. End of Section 01050 FIELD ENGINEERING 01050-Page 116 of 178 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Pre-Construction Meetings 2. Periodic Progress Meetings 3. Concrete Pre-Pour Meetings 4. Safety Meetings 5. Critical Lift Meetings 6. Quality Control Meetings 2. PROJECT MANAGEMENT'S RESPONSIBILITY A. Project Management shall schedule and administer pre-construction meeting, periodic progress meetings, Concrete Pre-Pour Meetings, Critical Lift Meetings, Quality Control Meetings and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting twenty-four (24) hours in advance of meeting date or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To Project Management staff as needed. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. CONTRACTOR'S RESPONSIBILITY A. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. B. The Contractor shall schedule and administer Safety Meetings. 1. Prepare agenda for meetings. PROJECT MEETINGS 01200-Page 117 of 178 2. Provide notice of each meeting twenty-four(24) in advance of meeting date or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To Project Management staff as needed. 1. 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. 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 Project Record Documents as set forth in Section 01720 (Project Records Documents) of the General Requirements. 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. PROJECT MEETINGS 01200-Page 118 of 178 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days. D. 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. 2. PERIODIC PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting at the discretion of Monroe County Project Management. 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/her professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. C. 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: PROJECT MEETINGS 01200-Page 119 of 178 a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 15. Other business. E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. 3. CONCRETE PRE-POUR MEETINGS A. The Contractor's Project Manager and/or Superintendent and Concrete Sub- Contractor(s) shall be required to attend a scheduled Concrete Pre-Pour Meeting at the discretion of Monroe County Project Management prior to any concrete being placed. Contractor is required to respond to the County Concrete Check List by providing all required information requested in the Check List seventy-two (72) hours prior to placement. 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. Required Agenda: 1. Review of completed County Concrete Check List. 2. Review of Contractor's Quality Control Plan. 3. Field observations, problems, conflicts, Requests for Information (RFI). 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Review of mix submittals. 7. Maintenance of quality standards. 8. Pending changes, substitutions and Change Order Requests (COR). PROJECT MEETINGS 01200-Page 120 of 178 5. Distribute County Checklist seventy-two (72) hours prior to placing Concrete. 4. SAFETY MEETINGS A. A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted by the Contractor 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/her 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. B. Location of the meetings: A central site designated by the Contractor, typically it will be at the project site. C. Attendance: 1. All field supervisors, foremen, mechanics and all construction personnel at the jobsite. 2. Monroe County Project Management designee. 3. The Architect and his professional consultants as needed. 4. Sub-Contractors as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. Recommended Agenda: 1. Accidents, injuries, near-misses, discuss a. Incidents that have occurred in your company since the last meeting, b. Any follow-up that has been done as a result of investigations into incidents, C. Incidents that have happened in other companies. d. Updates to the company's Accident Prevention Plan from "lessons learned." 2. Results of safety inspections. a. Discuss the results of recent safety inspections. b. Follow up on assignments for eliminating or controlling identified hazards. PROJECT MEETINGS 01200-Page 121 of 178 C. Encourage employees to identify any unsafe conditions or tasks, and discuss ways to eliminate or control the hazards. d. When appropriate, assign responsibilities for eliminating or controlling identified hazards. 3. Training. a. Discuss any new safe work procedures or other policies and procedures that need to be implemented. b. Safety Topic of the Month: a presentation and discussion on the chosen topic. 4. Open forum. a. Anyone who has a concern about safety and health should bring it up for discussion. 5. Next meeting. a. Set the time, date and place for the next meeting. b. Select a Safety Topic and designate the presenter/discussion leader. 6. Persons Attending 5. CRITICAL LIFT MEETING A. The Contractor's Project Manager and/or Superintendent and Lift Contractor shall be required to attend a scheduled Critical Lift meeting at the discretion of Monroe County Project Management prior to any Critical Lift. The Contractor is required to provide a Critical Lift Plan for review five (5) days prior to the Critical Lift. B. Location of the meetings: A central site designated by Project Management, typically it will be at the project site prior to the lift. 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. Lift Operator and riggers as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. For the purposes of this contract a lift defined as a Critical Lift will include, but not be limited to: • When more than one crane, in combination is required PROJECT MEETINGS 01200-Page 122 of 178 • Loads exceeding seventy-five percent (75%) of the rated capacity of any one crane • Personnel lifting • Loads that will require suspension directly above rigging personnel • Lifts that result in loads leaving direct view of the crane operator • Loads that are extremely valuable, irreplaceable, or unrepairable • Loads that could potentially become damaging to other equipment or utilities • Loads that are potentially unstable in flight • Lifting of loads whose replacement(purchasing lead) time exceeds ten (10) days • Lifting of loads whose loss would result in County or equipment operational shutdown E. Required Agenda: 1. Review Sections 00970.5.0-5.6 of The Contract General Requirements 2. Review Crane Test Certification per 00970.5.4.1 2. Review of Lift Activity 3. Review of Lift Plan 4. Review Overhead Utility Locations 5. Review Hand Signals/Communication Systems 6. Handling Sequence 7. Traffic Control 8. Questions/solutions 6. QUALITY CONTROL MEETINGS A. 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, the Contractor's Quality Control Representative shall be required to attend scheduled meetings at the discretion of Monroe County Project Management. 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. Contractors Quality Control Representative 3. The Architect and his/her professional consultants as needed 4. Sub-Contractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Others C. Suggested Agenda: PROJECT MEETINGS 01200-Page 123 of 178 1. Distribute meeting minutes 2. Approval of the minutes 3. Approval of shop drawings and submittals 4. Review Daily Quality Control Reports 5. Review Non-Conformance Reports 6. Quality standards 7. Workmanship to established quality standards 8. Conformance to contract drawings and specifications 9. Construction methods, equipment, and tools utilized 10. Materials and articles utilized 11. Adequacy of testing methods 12. Adequacy of shop drawings 13. Adequacy of safety or environmental precautions 14. Other business E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled 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. End of Section 01200 PROJECT MEETINGS 01200-Page 124 of 178 SECTION 01301 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 on both paper and electronic PDF. 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to jobsite 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). SUBMITTALS 01301-Page 125 of 178 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. 6. Field dimensions clearly stated as such. 7. Specification Section number. 8. Contractor to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. F. The contractor shall submit seven (7) sets to Project Management. Project Management will check the submission and forward five (5) sets to the Contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to Project Management and other trade contractors by the Contractor prior to the start of the Work. 1.4 PRODUCT DATA SUBMITTALS 01301-Page 126 of 178 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 three (3) samples to Project Management and one (1) will be returned to the contractor after review/return 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 submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to Project Management for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to Project Management. SUBMITTALS 01301-Page 127 of 178 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 (1) 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. I. All submittals shall be submitted to Monroe County Project Management and Consultants in Adobe PDF format. 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. End of Section 01301 SUBMITTALS 01301-Page 128 of 178 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor submission of Progress schedules. 2. Contractor submission of Revisions to schedules. B. Related sections: 1. Scope of work. C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to 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. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by 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 PROGRESS SCHEDULES 01310-Page 129 of 178 A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within seven (7) days after receipt of the Contract Notice to Proceed. 1. Project Management will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon 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. End of Section 01310 PROGRESS SCHEDULES 01310-Page 130 of 178 SECTION 01370 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 by Divisions shall be submitted to Project Management within three (3) days after Notice to Proceed. 2. 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 5.6.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by Project Management upon the Contractor's request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Contractor 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. SCHEDULE OF VALUES 01370-Page 131 of 178 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 REVIEWAND 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. End of Section 01370 SCHEDULE OF VALUES 01370-Page 132 of 178 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report until Friday, 2/15/08. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS DAILY CONSTRUCTION REPORTS 01385-Page 133 of 178 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. 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: DAILY CONSTRUCTION REPORTS 01385-Page 134 of 178 SECTION 01395 REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. 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 6.2 and 8.3.2 3. General Conditions Article 12.3 and 13.3 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 Architect/Engineer 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 13.3.1, 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 Paragraphs 6.2, 7.2, and 8.3 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Agreement written notice provision 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 and submitted in PDF format. REQUEST FOR INFORMATION (RFI) 01395-Page 135 of 178 REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL Email address TO ARCHITECT ADDRESS PHONE FAX CELL Email address DESCRIPTION CONTRACTORS RECOMMENDATION COST IMPACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION (RFI) 01395-Page 136 of 178 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment. 2. The Contractor submittals. 3. Testing laboratory responsibilities. 4. Testing laboratory reports. 5. Limits on testing laboratory authority. 6. The Contractor responsibilities. 7. Schedule of inspections and tests. B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Contractor shall be responsible to secure and pay for all testing services of a qualified independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or any governing authorities. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specification indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. REQUEST FOR INFORMATION (RFI) 01395-Page 137 of 178 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. 6. Location in the Project. 7. Type of inspection or test. 8. Date of test. 9. Results of test. 10. Conformance with the Contract Documents. C. When requested by Project Management, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY REQUEST FOR INFORMATION (RFI) 01395-Page 138 of 178 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) twenty-four hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Contractor. End of Section 01410 REQUEST FOR INFORMATION (RFI) 01395-Page 139 of 178 SECTION 01421 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. 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." REFERENCE STANDARDS AND DEFINITIONS 01421-Page 140 of 178 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 (5) five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter'. It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 141 of 178 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. C. Conflicting Requirements: Where compliance with (2) 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. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 142 of 178 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 Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction REFERENCE STANDARDS AND DEFINITIONS 01421-Page 143 of 178 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 AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA EIFS Industry Members Association EJMA Expansion Joint Manufacturers Association REFERENCE STANDARDS AND DEFINITIONS 01421-Page 144 of 178 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 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 145 of 178 SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 End of Section 01421 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 146 of 178 SECTION 01500 TEMPORARY FACILITIES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as 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: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide a field office adequate in size and accommodation for Contractor's offices, supply, and storage. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES CONSTRUCTION AIDS 01520-Page 147 of 178 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 project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by 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 name; major tenant's 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. End of Section 01500 CONSTRUCTION AIDS 01520-Page 148 of 178 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids. 2. Temporary enclosures. 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State, and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws, and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Project Management or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided Project Management has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. CONSTRUCTION AIDS 01520-Page 149 of 178 The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, 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 ensuring 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/her obligations under Article 10 of the General Conditions. End of Section 01520 CONSTRUCTION AIDS 01520-Page 150 of 178 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. End of Section 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 151 of 178 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR A. Section Includes: 1. Water control. 2. Dust control. 3. Erosion and sediment control. 4. Pollution control. B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. TEMPORARY CONTROLS 01560-Page 152 of 178 E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. End of Section 01560 TEMPORARY CONTROLS 01560-Page 153 of 178 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office for his/her use, the use of his/her 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/her work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his/her 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/her field office and sheds, if he/she should require such services. E. The Contractor shall relocate his/her field office and sheds as directed by Project Management, at no additional cost to the Owner. F. The Contractor shall remove his/her 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. End of Section 01590 CONSTRUCTION CLEANING 01595-Page 154 of 178 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. CONSTRUCTION CLEANING 01595-Page 155 of 178 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/her operations, including any trash generated by his/her 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. End of Section 01595 CONSTRUCTION CLEANING 01595-Page 156 of 178 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Products. 2. Transportation and handling. 3. Storage and protection. 4. Security. 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION MATERIALS AND EQUIPMENT 01600-Page 157 of 178 The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. End of Section 01600 MATERIALS AND EQUIPMENT 01600-Page 158 of 178 SECTION 01630 POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-Contract Substitutions. 1.2 SUBSTITUTIONS A. Contractor Proposal shall be in accordance with the Contract Documents. B. After execution of the Agreement, substitution requests from the Contractor will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: POST CONTRACT SUBSTITUTIONS 01630-Page 159 of 178 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Contractor. 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. POST CONTRACT SUBSTITUTIONS 01630-Page 160 of 178 POST-CONTRACT 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 information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Address Title Firm Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By By Date Date POST CONTRACT SUBSTITUTIONS 01630-Page 161 of 178 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 162 of 178 SECTION 01640 PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. 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. PRODUCT HANDLING 01640-Page 163 of 178 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. End of Section 01640 PRODUCT HANDLING 01640-Page 164 of 178 SECTION 01700 CONTRACT CLOSEOUT PART 1 —GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three (3) 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 B. Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 1. The Owner will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. Project Management will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by Project Management. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the contractor for written acceptance of the responsibilities assigned to them in the certificate. CONTRACT CLOSEOUT 01700-Page 165 of 178 E. Contractor shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER Contractor shall provide two (2) hard copies in tabulated divided binders and one(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. CONTRACT CLOSEOUT 01700-Page 166 of 178 D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Deductions for uncorrected Work. d. Deductions for Liquidated Damages. e. Deductions for Re-inspection Payments. f. Other Adjustments. C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. End of Section 01700 CONTRACT CLOSEOUT 01700-Page 167 of 178 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 168 of 178 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. End of Section 01710 FINAL CLEANING 01710-Page 169 of 178 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: 1. Maintain at the job site one (1) copy of: a. Record Contract Drawings. b. Record Project Manual. C. Coordination drawings. d. Addenda. e. Reviewed shop drawings. f. Change Orders. g. Other modifications to the Contract. h. Field test records. 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by 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 (2) sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two (2) 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. PROJECT RECORD DOCUMENTS 01720-Page 170 of 178 D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain""galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. Project Management may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except when specifically issued by Project Management in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to Project Management and one (1) saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash drive) prior to request for final payment. PROJECT RECORD DOCUMENTS 01720-Page 171 of 178 B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date. 2. Project title and Project number. 3. The Contractor's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his/her authorized representative. End of Section 01720 PROJECT RECORD DOCUMENTS 01720-Page 172 of 178 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND MAINTENANCE DATA A. Section includes: 1. Format and content of manuals. 2. Schedule of submittals. B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. OPERATION AND MAINTENANCE DATA 01730-Page 173 of 178 H. Provide one (1) indexed digital electronic copy of all Operation Maintenance Data on a common current electronic format (i.e. flash drive). 1.4 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. 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 OPERATION AND MAINTENANCE DATA 01730-Page 174 of 178 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. 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 (2) copies of operation and maintenance data for review by Project Management prior to Final Inspection. One (1) 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 (10) days after acceptance. D. Submit two (2) copies of approved revised volumes of data in final form within ten (10) days after final inspection. End of Section 01730 OPERATION AND MAINTENANCE DATA 01730-Page 175 of 178 SECTION 01740 WARRANTIES PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the Contractor for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Submittals" specifies procedures for submitting warranties. 2. Division 1 Section "Contract Closeout" specifies contract closeout procedures. 3. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturer's for particular products and are specifically endorsed by the manufacturer to the Owner. OPERATION AND MAINTENANCE DATA 01730-Page 176 of 178 B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights or remedies. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to 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 the Owner. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through Project Management, for approval prior to final execution. OPERATION AND MAINTENANCE DATA 01730-Page 177 of 178 C. Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl- covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8 %2 x 11" (115-by-280-mm) paper and one (1) saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive). 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. END OF SECTION 01740 OPERATION AND MAINTENANCE DATA 01730-Page 178 of 178 EXHIBIT A Exterior Waterproofing Recommendations for EXTERIOR ENVELOPE REMEDIATIONS OF THE MONROE COUNTY SHERRIF'S OFFICE — ADMINISTRATIVE BUILDING for CPH Sanford, Florida OWNER: MONROE COUNTY SHERRIF'S OFFICE ARCHITECT OF RECORD: CPH 500 W FULTON ST, SANFORD, FL 32771 WATERPROOFING CONSULTANT: LIBERTY BUILDING FORENSICS GROUP PO BOX 1120 ZELLWOOD, FLORIDA 32798 PROJECT MANAGER: Sean Fitzgerald, VP, Sr. Forensic Consultant PROJECT NUMBER: 202036300 DATE: July 13, 2020 MCSO Administration Building Page 1 of 1 LBFG 202036300 e Table of Contents TABLE OF CONTENTS DIVISION NO. TITLE BIDDING AND CONTRACT REQUIREMENTS Document 00100 Instructions to Bidders Document 00710 General Conditions and Contract Between Owner and Contractor DIVISION 1 GENERAL REQUIREMENTS Section 01010 Summary of Work Section 01021 Allowances Section 01022 Unit Prices Section 01030 Alternates Section 01110 Project Procedures Section 01741 Contractor Warranty Form DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 07157 Silicone Elastomeric Coating Section 07240 Exterior Insulation and Finish System (EIFS) Section 07920 Sealants and Caulking DIVISION 9 FINISHES Section 09900 Painting SUPPLEMENTAL DETAILS LBFG-1 Alternate 1 Supplemental Drawing End Table of Contents MCSO Administration Building 00100-1 LBFG 202036300 e Instructions to Bidders DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 DEFINITIONS: A. Addenda: Written or graphic instruments which modify or interpret Bidding Documents, issued by Construction Consultant prior to execution of the Agreement. B. Alternates: Amount stated in Proposal Form to be added to or deducted from Base Bid amount if the corresponding change in the Work is accepted. Alternates are described in Alternates section of specifications. C. Base Bid: Sum stated in Proposal Form for which Bidder proposes to perform Work described, without consideration for work proposed to be added or deleted by Alternates or Unit Prices. D. Bid: Complete and properly signed proposal to perform the Work described by Bidding Documents for sum stipulated therein. In order to be complete, Bid shall be accompanied by additional data required to be submitted with Bid. E. Bidder: One who submits a Bid for prime contract with Owner for the Work described in the Bidding Documents. F. Bidding Documents: The Invitation to Bid, Instructions to Bidders, Proposal Form and Contract Documents as described in General Conditions. G. Schedule: Document which communicates work to be performed, and the timeframes in which that work will be completed. The schedule should reflect all work associated with completion of the project. H. Sub-bidder: One who submits a sub-bid to a Bidder for a portion of the Work. I. Unit Price: An amount stated in Proposal Form as a price per unit of measurement for materials, equipment or services. J. Definitions established in "AIA document A107-2007 (or newer) Standard Form of Agreement Between Owner and Contractor, shall apply to these Instructions to Bidders. 1.2 BIDDING DOCUMENTS: A. Bidding Documents will be provided to qualified bidders by Monroe County Public Works and Engineeringt. One copy of Bid Documents will be provided to MCSO Administration Building 00100-2 LBFG 202036300 e Instructions to Bidders each qualified Contractor. Additional copies can be furnished upon request for cost of preparation and production. B. Complete sets of Bidding Documents shall be used in preparing Bids. Neither the Owner nor the Construction Consultant assumes responsibility for errors or misin- terpretations resulting from the use of incomplete sets of Bidding Documents. C. The Owner and the Construction Consultant, in making copies of Bidding Documents available, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for other use. D. Bidding documents shall include a detailed project schedule with duration by task indicated. (No Form Provided) 1.3 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS: A. The Bidder shall carefully study and compare the Bidding Documents with each other, shall examine the site and local conditions and shall at once report to the Construction Consultant errors, inconsistencies or ambiguities discovered. B. Bidders requiring clarification or interpretation of Bidding Documents shall make a written request to Construction Consultant, to reach him at least five (5) days prior to date for receipt of Bids. C. Interpretations, corrections or changes to the Bidding Documents will be made by Addendum. Interpretations, corrections or changes of Bidding Documents made in any other manner will not be binding and Bidders shall not rely upon such interpretations, corrections or changes. 1.4 ADDENDA: A. Addenda, when required, shall be issued to all recorded holders of Bidding Documents. B. Addenda will not be issued later than two (2) days prior to date of receipt of Bids, except an Addendum, if necessary, postponing the date of receipt of Bids or with- drawing request for Bids. C. Each Bidder shall ascertain, prior to submitting Bid that all Addenda's issued have been received and shall acknowledge the receipt of Addenda on Proposal Form. 1.5 BIDDING PROCEDURES: A. Form: 1. Bids shall be submitted in duplicate on forms provided herein. MCSO Administration Building 00100-3 LBFG 202036300 e Instructions to Bidders 2. Blanks on the Proposal Form shall be filled in by typewriter, electronically or in ink. 3. Dollar amounts shall be expressed in both words and figures, and in case of discrepancy between the two, the written amount shall govern. 4. Interlineation, alteration or erasure shall be initialed by signer of Bid. 5. All requested Alternates shall be bid. 6. Bidder shall make no additional stipulations on Proposal Form nor qualify his Bid in any other manner, unless preapproved by Construction Consultant. 7. Each copy of Bid shall include legal name of Bidder and a statement of whether Bidder is a sole proprietor, a partnership, a corporation or other legal entity, and shall be signed by the person or persons legally authorized to bind Bidder to a contract. A Bid by a corporation shall further give state of incorporation and have corporate seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached, certifying agent's authority to bind Bidder. 8. All Bids shall be accompanied with a fully executed Exhibit#1 entitled "Base Bid Breakouts" reflecting price breakouts for various areas of work as described in full detail within Section 0 10 10, Summary of Work. The purpose of this breakout attachment is to provide the Owner necessary price information to select and/or schedule a final scope of work based upon the base bid fee(s)proposed and accepted alternates. Each line item break-out price shall include all labor, equipment, materials, insurance, taxes and other incidentals needed to complete the specific scope of work for the respective line item. The Owner has the right to acceptor reject any or all of the price breakouts in their selection of a final scope of work and contract amount costs listed in Bid Attachment#1, Base Bid Breakouts. B. Submission of Bids: 1. Copies of Bid and other documents shall be submitted via email directly to the following recipients: a. Matthew Howard - howard-rnatthew((�)rnonroecounty-fl.gov 2. Oral or telephonic Bids are invalid and will not receive consideration. C. Modification or withdrawal of Bid: 1. A Bid may not be modified, withdrawn or cancelled by Bidder during stipulated time period following time and date designated for receipt of Bids, and Bidder so agrees in submitting his Bid. 2. Prior to time and date designated for receipt of Bids, Bids submitted early may be modified or withdrawn only by notice to party receiving Bids at the place and prior to the time designated for receipt of Bids. Such notice shall be in writing over the signature of Bidder. Written confirmation over signature of Bidder shall have been received on or before date and time set for receipt of Bids and shall be worded so as not to reveal the amount of original Bid. 3. Withdrawn Bids may be re-submitted up to time designated for receipt of Bids, provided that they are then fully in conformance with these Instructions to Bidders. MCSO Administration Building 00100-4 LBFG 202036300 e Instructions to Bidders 1.6 CONSIDERATION OF BIDS: A. Rejection of Bids: Owner shall have the right to reject any or all Bids and, in particular, to reject a Bid not accompanied by data required by Bidding Documents or a Bid in any way incomplete or irregular. B. Acceptance of Bid: 1. Owner shall have the right to waive any informality or irregularity in any Bid received. 2. It is the intent of Owner to award a contract to lowest responsible Bidder, provided Bid has been submitted in accord with the requirements of Bidding Documents, is judged to be reasonable and does not exceed funds available; however the Owner reserves the right to negotiate the terms of submitted Bids with any Bidder after receipt of Bids. 3. It is the intent of Owner to award a contract based on Base Bid, selected Alternates and applicable unit costs. 4. Time for completion of contract and bidding contractor(s) available manpower will be a consideration in contract award. 1.7 POST-BID SUBMITTALS: A. Bidder shall, within seven days of notification of selection for award of a contract for Work, submit the following information to Construction Consultant: 1. Designation of work to be performed by Bidder with his own forces. 2. Names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for Work. 3. List of names of Subcontractors or other persons or entities proposed for principal portions of the Work, including those who are to furnish materials or equipment fabricated to a special design. B. Bidder shall establish, to satisfaction of Construction Consultant and Owner, reliability and responsibility of proposed Subcontractors or other persons or entities proposed to furnish and perform work described in the Bidding Documents. C. Prior to award of contract, Construction Consultant will notify Bidder, in writing, if either Owner or Construction Consultant, after due investigation, has reasonable objection to any person or entity proposed by the Bidder. If Owner or Construction Consultant has reasonable objection to any person or entity, Bidder may, at his option, withdraw his Bid or submit an acceptable substitute person or entity, without an adjustment in his Bid to cover difference in cost occasioned by such substitution. Owner may, at his discretion, may accept the substitution or may disqualify Bidder. MCSO Administration Building 00100-5 LBFG 202036300 e Instructions to Bidders D. Subcontractors and other persons and entities proposed by Bidder and accepted by Owner and Construction Consultant must be used on the work for which they were proposed and accepted and shall not be changed except with the written consent of Owner and Construction Consultant. 1.8 PERFORMANCE AND PAYMENT BONDS: A. Not later than three days following the date of execution of the Agreement, if required by the Owner, Bidder shall furnish bonds covering faithful performance of the contract and payment of all obligations arising there under, with such sureties secured through the Bidder's usual sources and acceptable to the Owner. Premiums shall be paid by Bidder, and amount stipulated in Bidder's Proposal Form will be added to Contract Sum. B. Furnish Performance Bond and Payment Bond in the amount of 100% of Contract Sum. Form of bonds shall be AIA Document A312. C. Bidder shall require the Attorney-In-Fact who executes required bonds on behalf of surety to attach thereto a certified and current copy of his Power of Attorney. 1.9 FORM OF AGREEMENT: A. Agreement for the Work will be written on the AIA Document A107-2007 (or newer) Standard Form of Agreement Between Owner and Contractor". 1.10 CONFLICT OF INTEREST: A. It shall be unethical for any employee to participate directly or indirectly in a procurement when the employee knows that: 1. The employee or any member of employee's immediate family has a financial interest pertaining to the procurement; or 2. Any other person, business or organization with whom the employee or any member of an employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. B. An employee or any member of an employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest in regard to matters pertaining to that financial interest. End of Instructions to Bidders MCSO Administration Building 00710-1 LBFG e General Conditions DOCUMENT 00710 GENERAL CONDITIONS The General Conditions of the Contract for Construction, AIA Document A107-2017 (or newer), Standard Form of Agreement Between Owner and Contractor. A sample of this Document and related attachments is herein attached. End of General Conditions MCSO Administration Building 01010-1 LBFG 202036300 e Summary of Work SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION AND RESPONSIBILITIES: A. General: 1. Work of this project includes specified exterior remediations to the existing exterior walls, window assemblies and related construction as a base bid scope of services listed in project manual and generally reflected in the related project drawings. The scheduled exterior envelope remediations are limited to the 3 story MCSO Administration building located in Key West, Florida, including the parking structure as reflected in drawings. 2. The Contractor is responsible for completing all specified remediations as necessary to provide for completed work being sound, durable, watertight and installed in accordance with project/manufacturer's requirements. In the case of conflict between the project specifications and manufacturer requirements, the most stringent requirement will be followed by the Contractor. 3. The Contractor is responsible for completing all scopes of specified services in strict accordance with specified criteria, manufacturer requirements and/or local governing authorities. 4. The Contractor is responsible to complete all accepted scopes of work following the Owners "House Rules and Regulations" with respect to work hours, conduct, attire, etc. and pre-approved scheduled acceptable to the facility management. 5. Contractor is responsible for coordinating all individual scopes of work for complete remediation as specified. B. Preparation: 1. Conduct a complete investigation of the existing project conditions to identify the areas of work, extent of work and considerations required to complete the work. No consideration will be given to claims based on a difference between actual and assumed conditions. 2. Take field measurements, verify field conditions and carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Drawings included in Project Manual are not to be used for dimensions, field measurements must be taken. C. Special project conditions: 1. Minimize disturbance to the facility and its occupants and components. There shall be no interference with the operation or use of the facility. Hours of work and locations of operations will be preapproved by the Owner prior to commencement of services. MCSO Administration Building 01010-2 LBFG 202036300 e Summary of Work 2. Protect the building, the property, the building occupants and their property. 3. Provide protective barricades, enclosures, directional and warning signage and other methods to assure safe passage of pedestrians and vehicles in, near and affected by areas of the work. 4. Do not disrupt services or block egress. There shall be no interference with life safety features. 5. In addition to performing the work specified herein, keep all areas in a watertight condition throughout construction period. Contractor shall provide and bear all costs associated with temporary waterproofing needed as contracted work is completed. 6. Repair and reinstall items damaged during the course of the work of this project. Reuse of any items involved in the work is subject to the Contractor's ability to remove, store and reinstall the item without permanently damaging or marring the items to be reused. If the Contractor is unable to reuse any item as prescribed herein, he shall substitute new material to match existing in lieu of reusing it. Contractor may also elect to use new material to match existing in lieu of reuse of existing for his own convenience. 7. See Project Procedures and General Conditions for Owners project site rules and regulations for additional project conditions which will be required during the completion of the scheduled remediations. 8. Contractor is required to maintain a daily log of the scheduled remediations including repair type quantities. Repairs will be updated daily documenting locations and types of repair for owners' consideration and use. 9. Contractor will be required to provide mock-up installation of contracted remediations at 1 location of known intrusion as indicated and assist in water testing of mock-ups to demonstrate performance prior to overall remediations being scheduled. 10. Contractor will be required to provide a project specific Hurricane Action Plan to protect from damages to personnel, the building and/or related construction. The plan shall discuss actions to be taken and timing of actions upon receipt of Hurricane watch and warning. 1.2 SUMMARY OF WORK SCHEDULE: REFER TO SPECIFICATION ITEM OF WORK SECTIONS A. Mobilization: Include delivery and set up of all materials, equipment and incidental items necessary to safely access areas of work to complete specified remediations. Properly store all materials and equipment in designated project staging areas. Contractors shall be responsible for obtaining permits, mobilization, and maintaining scaffolding, safety barricades, overhead protection, building protection, landscape protection and project signage throughout the project. Coordinate all mobilization of equipment, materials, sidewalk/street closures and incidental items with facilities management and governing authorities in accordance with approved project schedule and requirements. MCSO Administration Building 01010-3 LBFG 202036300 e Summary of Work A.1 01110 B. Exterior Window Assembly Remediation 1. Preparation: Following and/or in conjunction with mobilization procedures and in accordance with approved schedule, contractor shall prepare the existing window assemblies scheduled to receive new remedial glazing as reflected within the drawings. This preparation will be completed to all exterior windows as reflected in the drawings and/or project specifications. The preparation shall include, removal of existing "L-Flashing", removal of existing window perimeter sealant, removal of existing sealant at metal-to-metal joinery, removal of excess sealant/residue to be typically removed to prepare for new silicone sealant joints. Apply new specified primers at the window perimeter Preparation shall be coordinated with related scopes of work for complete remediations as specified. 2. New Sealants: Following preparation of the windows, new"L- Flashing", to match existing, shall be installed over new silicone sealant over backer-rod at all perimeter window conditions, new sealant shall be installed at all metal-to-metal j oinery/interfaces. B.2 07920 3. Close-out: Following the completion of the new sealant application all treated windows and related construction will be cleaned for aesthetic appearance at both the exterior and interior faces of the windows. Contractor will prepare and provide all close out documents including adhesion test results, warranties and maintenance instructions. B.3. 01110 07920 C. Exterior EIFS Wall Remediations: 1. Correction: Following and/or in conjunction with mobilization and approved schedule, Contractor shall repair damage to the existing EIFS in accordance with dryvitCARETM EIFS Repair Procedures DS498 or approved alternate. C.1 01110 07157 07920 09200 2. Preparation: Following and/or in conjunction with mobilization, approved schedule, and related contracted remediations, Contractor shall prepare existing EIFS clad exterior walls to receive new elastomeric coating and related remedial work. This includes cleaning, removal and replacement MCSO Administration Building 01010-4 LBFG 202036300 e Summary of Work of deteriorated/loose EIFS, crack repair and installation of new sealants at a minimum. Contractor shall include an allowance of 500 square feet of EIFS removal and replacement within the base bid. B.2 01110 07157 07920 09200 3. New Wall Finishes: Following preparation of existing EIFS clad exterior walls, Contractor shall install new specified finishes to restrict water penetration of the EIFS wall cladding. This will include new sealant joints at penetrations and terminations followed by new specified elastomeric coating system. New finish materials shall be installed as specified and in accordance with manufacturers written instructions and specified requirements. B.3 07157 07920 4. Close-out: Following the completion of the scheduled EIFS wall remediations, Contractor shall clean the areas of new work and complete all punch list actions required by Owner and/or Consultant. Contractor will prepare and issue all close out documents including field reports by manufacturer, warranty(s), maintenance instructions, etc. B.4 01110 D. Demobilization and Closeout: Correct final punch list items identified by Construction Consultant, Owner and manufacturer(s). Remove all equipment, protection signage, etc. at completion of punch list. Correct all construction related damages resulting from roof replacement operations to the satisfaction of Owner and/or Construction Consultant. Clean project site to satisfaction of Owner and/or Construction Consultant. Provide all project warranties, lien releases and closeout documents required. D. 01110 E. Performance and Payment Bonds: Provide required Performance and Payment bonds as specified. E. 01110 End of Section MCSO Administration Building 01021-1 LBFG 202036300 e Allowances SECTION 01021 ALLOWANCES PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS: A. Provide for the following scheduled amounts and quantities in the Contract Sum. B. Allowances for finishes do not include substrates to which finishes are installed. C. Descriptions of allowance work are abbreviated. Refer to applicable specification sections and drawings for complete and detailed requirements of work required under each allowance item. D. Where allowances are based on unit prices or quantities, submit summary of quantities and costs to Construction Consultant. E. Provide additive and deductive unit prices for all unit quantity allowance items. F. Work under an allowance shall not exceed the allowance specified unless approved in advance by Construction Consultant. G. Prior to final application for payment, submit a statement of accounts with project closeout documents, summarizing actual costs. 1.2 ALLOWANCES: (Per Base Bid Line Item) J. Interior drywall and paint touch up as directed ................................. 500 SF K. Interior acoustical tile ceiling square edge tile and framing .................... 500 SF repairs as directed. L. Exterior repairs identified during remedial process (Quote EA) .............. $5,000 Requires preapproval and cost estimate to complete prior to work Total value not to exceed ($5,000.00) MCSO Administration Building 01021-2 LBFG 202036300 e Allowances End of Allowances MCSO Administration Building 01022-1 LBFG 202036300 e Unit Prices SECTION 01022 UNIT PRICES PART 1 - GENERAL 1.1 DETAIL REQUIREMENTS: A. Definitions: Unit Prices are defined as products, materials, equipment, systems, methods, units of work which serve as a single component of major elements of the construction, which may, at the Owner's option and under the terms established by Instructions to Bidders and in the Contract, be selected and/or deleted from the contracted allowance work. Selection will occur as work progresses and actual unit prices work items are incurred. B. Unit Prices may or may not change the scope and general character of the Work. C. Requirements of this section may be related to, but shall not be confused with, requirements of the Contract Documents related to "allowances," "Alternates," "change orders," "substitutions" and similar terms. D. Refer to the Contract and subsequent modifications thereto, if any, for determination of alternates, which have been accepted and included in the Contract. E. Notification: Immediately following the award of Contract, prepare and distribute to Owner, Construction Consultant and other applicable parties a notification of the status of each Unit Price. Indicate that Unit Prices have been accepted, rejected or deferred for consideration at a later date. Indicate dates by which Owner must make decisions on deferred Unit Prices in order not to delay the proj ect. F. Compensation: Compensation for all Unit Price work item shall be paid to the Contractor as work progresses. Measurement of all Unit Prices shall be maintained by Contractor for verification by Construction Consultant on a daily basis. Contractors are to include set allowances of various unit prices as described under Section 0 102 1, Allowances and Section 0 10 10, Summary of Work. Unit price/allowances shall be paid for on the actual quantities installed during a set pay/billing period based upon unit costs for each item submitted by the contractor on the Bid Form. Unit prices shall include furnishing and including all labor, materials, tools, equipment supervision, general overhead costs, bond costs and other incidentals necessary to complete the specified work. Payments will be made in the percentage of work completed during each pay period as determined by the Construction Consultant. Contractor will be required to set a schedule of value for each item at the start of the project to be used as a billing format for all work on the project. MCSO Administration Building 01022-2 LBFG 202036300 e Unit Prices 1.2 UNIT PRICE DESCRIPTION A. General: Description for each Unit Price listed below is recognized to be abbreviated but implies that each change shall be complete for the Unit Price affected. Refer to applicable specification sections, summary of work and drawings, if any, for specific requirements for each Unit Price. B. Description: 1. Unit Price Number 1 —EIFS Removal and Replacement: Contractor shall provide a unit cost to identify, remove, prepare and replace deteriorated/non-adhered, damaged EIFS finishes in coordination with scopes of work to provide acceptable surfaces for new weather resistant finishes. EIFS replacement shall be conducted in accordance with specified requirements of Section XXXX. Unit price 1 shall be measured, valued and compensated on a square foot basis. 2. Unit Price Number 2— TBD End of Section MCSO Administration 01030-1 LBFG 202036300 Alternates SECTION 01030 ALTERNATES PART 1 - GENERAL 1.1 DETAIL REQUIREMENTS: A. Definitions: Alternates are defined as products, materials, equipment, systems, methods, units of work or major elements of the construction, which may, at the Owner's option and under the terms established in the Contract, be selected for the Work in addition to and/or in lieu of requirements of the Contract Documents. Selection may occur prior to the contract date, or may, by the Agreement, be deferred for possible selection at a subsequent date. B. Alternates may or may not change the scope and general character of the Work. C. Requirements of this section may be related to, but shall not be confused with, requirements of the Contract Documents related to "allowances," "unit prices," "change orders," "substitutions" and similar terms. D. Refer to the Contract and subsequent modifications thereto, if any, for determination of alternates, which have been accepted and included in the Contract. E. Notification: Immediately following the award of Contract, prepare and distribute to Owner, Construction Consultant and other applicable parties a notification of the status of each Alternate. Indicate that Alternates have been accepted, rejected or deferred for consideration at a later date. Indicate dates by which Owner must make decisions on deferred Alternates in order not to delay the project. 1.2 ALTERNATES: A. General: Description for each Alternate listed below is recognized to be abbreviated but implies that each change shall be complete for the scope of work affected. Refer to applicable specification sections and drawings for specific requirements for each Alternate. 1. Alternate No. 1: In lieu of removing"L-Flashing" and perimeter sealants, provide Dowsil 123 Silicone tape as specified within the "Supplemental Details". 2. Alternate No. 2: To the base bid, add prepare windows and install new specified silicone sealant at all metal-to-glass. 3. Alternate No. 3: To the base scope of work add Dowsil VIP Warranty. MCSO Administration 01030-2 LBFG 202036300 Alternates 4. Alternate No. 4: To the base bid provide primer coat of Dowsil AllGuard Primer if required by manufacturer, post pre-construction mock-up and including pull test. End of Section MCSO Administration Building 01110-1 LBFG 202036300 e Project Procedures SECTION 01110 PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY: A. Work of this section includes project requirements for: 1. Special project requirements. 2. Submittals. 3. Temporary facilities and controls. 4. Material and equipment. 5. Product options and substitutions. 6. Contract closeout. 7. Cleaning up. 8. Selective demolition. B. Related work: 1. Summary of work. 2. Existing construction scheduled to remain. C. Special project restrictions: 1. Scheduled remediation operations shall be restricted to the hours of 7:00 a.m. — 5:00 p.m. Monday-Friday. Noise generating work shall not occur prior to 8:00 a.m. at any time. Contractor shall coordinate with and receive permission from facility management a minimum of 72 hours in advance of operations, so as not to interfere with building operations. Noise producing operations shall be coordinated and preapproved with Owner. 2. No materials or equipment shall be moved through occupied or finished space during normal facility hours. If material or equipment moving is required, Contractor shall coordinate with and receive permission from facility management a minimum of 72 hours in advance of operations, so as not to interfere with building operations. 3. Contractor shall review specific guidelines and restrictions for work throughout the property with facility management. Schedules of work in progress shall be discussed daily between facility management and contractor to allow facility management the capabilities of effectively communicating with their guests and building operation personnel as work progresses. 4. Exterior wall remediations shall be conducted at times approved by the Building Committee. 5. Preinstallation meeting with Owner, Contractor, Construction Consultant and material supplier(s) shall be conducted prior to scheduled remediations beginning. Meeting minutes from meeting shall be issued by Contractor for all parties review and response within three days of meeting. 6. Permits for contracted exterior remediations are the responsibility of the Contractor. Permits required by governing authorities including, but not MCSO Administration Building 01110-2 LBFG 202036300 e Project Procedures limited to building permits, sidewalk closure, street closure, etc. shall be obtained by Contractor prior to the work being conducted. 1.2 CUTTING AND PATCHING: A. Summary: 1. Contractor's responsibilities: a. Contractor shall be responsible for cutting, fitting and patching required to complete the work and as follows: 1) Make new and existing parts fit together. 2) Provide penetrations of structural and non-structural surfaces for installation of materials and products as specified. Provide shop drawings or other appropriate submittals for each scheduled penetration. 3) Restore penetrations of existing structural, non-structural, mechanical and electrical elements and surfaces in accord with specified requirements and approved submittals. Restoration materials shall be similar to those removed or disturbed and/or materials and products as specified with the project manual. 4) For structural, mechanical and electrical penetrations and disturbances, engage the services of an Engineer registered in the State of the project for all aspects of the work. Submittals shall bear the Engineer's seal. b. In addition to Contract requirements, perform the following: 1) Uncover work to provide for observation of covered work if requested. 2) Remove samples of existing installed materials for testing and for matching of new materials if requested. 3) Remove work to provide for alteration, restoration or refinishing of existing work as required. C. Do not endanger work by cutting or alteration work. d. Do not cut or alter work not of this Contract without written consent of owner. 2. Costs incurred for ill-timed work or uncovering of work shall include costs for services of Owner's consultant. 3. Submit and maintain a project remediation schedule shared with the Owner designating date and time work will be uncovered. 1.3 SUBMITTALS: A. General provisions: 1. Provisions specified are mandatory procedures for preparing and submitting specified submittals. 2. Submittals shall be in orderly sequence and timed to cause no delay in the Work. 3. Job delays occasioned by requirement of resubmission of submittals not in accord with Contract Documents are Contractor's responsibility and will not be considered valid justification for extension of Contract time. MCSO Administration Building 01110-3 LBFG 202036300 e Project Procedures 4. Commence no portion of work requiring submittals until submittal has been reviewed and accepted by Construction Consultant. B. Submittal schedule: 1. At least ten days prior to date of pre-construction conference, submit a list of all required submittals, by specification section. Indicate timing for submission of required submittals and relation to construction sequence. 2. During course of the Work, maintain an updated submittal schedule showing status of all submittals. Provide copies for Owner and Construction Consul- tant's information at project meetings and at other times when requested. 3. At least five days prior to date of preconstruction meeting submit all required submittals and shop drawings to allow review and comment by Construction Consultant. C. Sample preparation: 1. Prepare samples in sizes, shapes and finishes in accord with provisions of individual specification sections. 2. Samples submitted for color, sheen or texture selection for review shall be actual samples of the required material. Where a range of color, sheen or texture is anticipated or proposed, samples shall indicate full range proposed, from which Owner and Construction Consultant may select the exact range to be provided. 3. Samples furnished under this section are not to be confused with full size, on- site "mock-ups" or "sample panels" called for in technical specification sections. 4. The number of samples submitted shall be the number required by Contractor, plus one which will be retained by Construction Consultant and one which will be retained by the Owner, unless otherwise indicated. D. Shop drawing preparation: 1. Drawings shall conform to the following requirements: a. Number drawings consecutively. b. Indicate working and erection dimensions and relationships to adjacent work. C. Show arrangements and sectional views, where applicable. d. Indicate material, gauges, thicknesses, finishes and characteristics. e. Indicate anchoring and fastening details, including information for making connections to adjacent work. f. Contract documents prepared by the Construction Consultant and his consultants will not be acceptable as shop drawing submittals. 2. Form: Number of copies required shall be the number required by Contractor for coordination and execution of the Work, one copy for Owner's file and the copies to be retained by Construction Consultant as follows: a. For work designed by engineers or other consultants: Two copies. b. For all other work: One copy. E. Product data preparation: 1. Include product manufacturer's standard printed material, dated, with product description and installation instructions indicated. Product data may also contain test and performance data, illustrations and special details. MCSO Administration Building 01110-4 LBFG 202036300 e Project Procedures 2. Form: Number of copies submitted shall be the number required by Contractor, plus one which will be retained by Construction Consultant, plus one which will be retained by the Owner. 3. Data not related to this project shall be deleted from manufacturer's standard data. F. Contractor's review: 1. Review, stamp with approval and submit to the Construction Consultant submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals made by the Contractor which are not required by the Contract Documents will be returned without action. 2. By approving and submitting submittals, Contractor represents that he 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. The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Consultant's review of submittals unless the Contractor has specifically informed the Construction Consultant in writing of such deviation at the time of submittal and the Construction Consultant has given written acceptance 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 the Construction Consultant's review thereof. 4. The Contractor shall direct specific attention, in writing or on resubmitted submittals, to revisions other than those requested by the Construction Con- sultant on previous submittals. 5. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Consultant shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 6. Where work is indicated "By Others," Contractor shall indicate responsibility for providing and coordinating such work, whether by Subcontractors or under separate contracts. 7. Contractor agrees that submittals processed by Construction Consultant are not Construction Change Directives or Change Orders; that purpose of sub- mittals by Contractor is to demonstrate that Contractor understands design concept; that he demonstrates his understanding by indicating which equip- ment and material he intends to furnish and install and by detailing fabrication and installation methods he intends to use. 8. Contractor represents by submitting submittals that he has complied with provisions herein specified. Submissions made without Contractor's approval indicated thereon will be returned without being reviewed for compliance with this requirement. MCSO Administration Building 01110-5 LBFG 202036300 e Project Procedures 9. Date each submittal and indicate name of Project, Construction Consultant, Contractor, Subcontractor, as applicable, description or name of equipment, material or product, and identify location at which it is to be used in the Work. 10. Accompany submittal with transmittal letter containing project name, Contractor's name, number and type of submittals, titles and other pertinent data. Transmittal shall outline deviations, if any, in submittals from requirements of Contract Documents. 11. Perform no portion of the Work requiring submittal and review of submittals until the respective submittal has been reviewed and accepted by the Con- struction Consultant. G. Construction Consultant's review: 1. Construction Consultant will review one copy of each submittal, mark it with appropriate action, and return it to Contractor with reasonable promptness, except where it must be held for coordination and the Contractor is so advised. 2. Construction Consultant's review or other appropriate action is only for checking for conformance with information given and the concepts expressed in the Contract Documents. Construction Consultant's acceptance of a specific item shall not indicate acceptance of an assembly in which item is a component. 3. Construction Consultant's review of submittals shall not relieve Contractor of responsibility for deviation from requirements of Contract Documents unless Contractor has informed Construction Consultant in writing of such deviation at time of submission and Construction Consultant has given written acceptance to the specific deviation. Construction Consultant's review shall not relieve Contractor from responsibility for errors or omissions in sub- mittals. 4. Submittals required to be submitted "For Information Only" are required to demonstrate that the Work complies with performance requirements of the Contract Documents. Such submittals, if acceptable to Construction Consultant, will not be returned to Contractor. 5. Construction Consultant will return submittals to Contractor for distribution to appropriate parties. Construction Consultant will provide Owner with one copy of submittal review comments. H. Resubmission: 1. Make corrections and changes indicated for unacceptable submittals, and resubmit in same manner as specified above until Construction Consultant's acceptance is obtained. 2. On resubmittal transmittal, direct specific attention to revisions other than corrections requested by Construction Consultant on previous submittals, if any. I. Distribution: 1. Contractor is responsible for obtaining and distributing copies of submittals to his subcontractors and material suppliers after, as well as before, final acceptance. MCSO Administration Building 01110-6 LBFG 202036300 e Project Procedures 2. For duration of project, Contractor shall maintain a file of accepted submittals which shall be delivered to Owner as a part of project closeout documents. 1.4 TEMPORARY FACILITIES AND CONTROLS: A. Temporary storage facilities: Provide weathertight storage sheds with raised floors. Sheds shall be of type and size required by storage conditions if required by the Owner. B. Site access and parking: Parking for construction personnel shall be in locations acceptable to and designated by the Owner. C. Storage and staging areas: Space is very limited. Owner will designate on site storage locations for contractor prior to start of remediation project. D. Temporary utilities and Dumpster: 1. Power and water: The Owner will provide power and water on available basis. The Contractor shall not disturb the building system. If insufficient power or water is available as is, the Contractor shall pay all costs of modifications to existing system or shall obtain separate services. The Contractor shall not disturb the building occupants and their use of the building utilities. 2. Telephone service: Telephone service will not be available within the building. 3. Sanitary toilet facilities: Provide and maintain temporary toilet facilities for construction personnel. 4. Construction Debris Dumpster: Provide and maintain a trash dumpster for construction debris in size and location pre-approved by Owner. Routine pick-up of debris shall be required at Contractor's expense. Do not use Owner trash dumpster(s)for construction debris. E. Controls: Because this is an occupied building, the Contractor shall be responsible for the proper attire and actions of all workmen at all times. Any improper attire or action is cause for immediate dismissal from the site and project. Uniforms and identification tags are mandatory for the Contractors employees. All employees, including subcontractors, shall be required to check in and check out with Owner security offices on a daily basis. F. Temporary hoist and staging equipment: Provide temporary equipment for transportation of personnel and equipment. 1. Provide protection devices for building during equipment use. 2. Do not overload building structural system with staging equipment, materials or temporary equipment; do not overload hoisting equipment or staging. G. Security: Maintain building security; comply with facility management requirements. H. Signs: MCSO Administration Building 01110-7 LBFG 202036300 e Project Procedures 1. No project or advertising signs of any description will be allowed. 2. Provide directional and warning signs at protective barricades to assure safe passage of pedestrians and vehicles in and near areas of work. I. Building access: 1. The Contractor shall generally be prohibited from entering areas of the building except where work is in progress and preapproval has been received from Owner. Access to roofs through the building shall be coordinated daily with the Owner and preapproved schedule. Work and access shall cause as little disruption to building occupants as possible. No permission will be given for after hours access. 2. Schedule the Work and arrange material storage in a manner which leaves the project site as unencumbered as possible. Provide temporary barriers and enclosures, and maintain the site in clean condition. 3. The Contractor shall be responsible for correcting damages to the building caused by his work or passage. Soiled or damaged materials shall be replaced or repaired to satisfaction of the Owner. J. Special protection requirements: 1. Protect occupants and visitors to the building. 2. Protect all property at the site from damages resulting from construction activities. This includes roofs, walls, landscaping, walkways, interiors, etc. 3. Protect buildings and building components from damage, staining or defacing due to the Work. Correct or replace damaged materials or finishes to satis- faction of the Owner. 4. Protect building from rain or water leakage during the course of the Work. Do not open joints or wall areas to extent that openings cannot be protected from inclement weather. Openings shall not be left unprotected overnight. 5. Protect landscape planting from damage, including toxic overspray or run-off from cleaning materials. Damaged or ruined planting shall be replaced by the Contractor with plants of identical variety, size and configurations. Replace damaged ground cover materials to match existing. 6. To the extent needed, provide explanatory/ directional signage, protective enclosures at building entrances and exterior walkways to protect building occupants. Enclosures shall include protection from cleaning and applied materials. Coordinate placement and location of all protective enclosures with Owner. Building entrances and exits shall not be made inaccessible unless approved in advance by Owner and local fire officials in advance. 7. Provide protection against overspray of cleaning materials or paint contacting building occupants or vehicles in drives or parking areas. Drives shall not be blocked to extent of restricting vehicular access, and parking area restrictions shall be kept to a minimum. Barriers and restrictions shall be approved in advance by the Owner. Do not work with materials subject to being wind blown during times of high winds. 8. Protect surfaces of fresh coating products from damage or discoloration due to rain, dust or physical damage. Replace damaged or defaced materials which cannot be restored to satisfaction of the Owner. MCSO Administration Building 01110-8 LBFG 202036300 e Project Procedures 9. At a minimum, provide plywood walkway boards at roof and penthouse perimeters, and from roof access points, to protect roof from damages during the Work. 10. Damages to building exteriors, site work, roof and resultant damages to building interior materials and finishes due to contractors work or lack of temporary protection shall be corrected by Contractor to satisfaction of Owner at no additional cost to the Owner. 11. All scaffolding and materials shall be properly secured during all times to protect from noise, unrestricted use, etc. Disconnect electric and secure equipment at end of each work day. 12. Contractor shall develop/prepare, submit and maintain a project specific Hurricane Action Plan to protect from damages to personnel, the building and/or related construction. The plan shall discuss actions to be taken and timing of actions upon receipt of Hurricane watch and warning. K. Relocation and removal: 1. Relocate temporary facilities during construction as required by progress of the Work at no additional cost to the Owner. 2. At completion of the Work or at the time of permanent utility connections, as applicable, remove temporary facilities, including connections and debris resulting from temporary installation. 1.5 MATERIAL AND EQUIPMENT: A. Delivery, storage and handling: 1. Deliver manufactured products to project site in manufacturer's original packaging with labels and seals intact. Labels shall indicate manufacturer and product name, description, mixing and application instructions. Where applicable, labels shall indicate fire resistive classifications. 2. Inspect materials upon delivery to ensure proper material, color, type and quantity. 3. Store materials and equipment under cover, off ground at least 6" and protected from excessive heat and freezing, except for materials not subject to damage or deterioration by contact with environmental conditions. Observe manufacturer's recommendations for positioning, separation and ventilation, as applicable. 4. Prevent corrosion, soiling or breakage of materials or contact with deleterious materials. 5. Handle materials and equipment to prevent damage, deterioration or contamination. Install no materials which are physically damaged or stained prior to time for installation. 6. Store and handle paints and products subject to spillage in areas where spills will not deface finished surfaces or other work. 7. Flammable or hazardous materials: a. Store minimum quantities in protected areas. b. Provide appropriate type fire extinguishers near storage areas. C. Observe manufacturer's precautions and applicable ordinances and regulations. MCSO Administration Building 01110-9 LBFG 202036300 e Project Procedures 8. Comply with manufacturer's instructions and recommendations for product storage and handling. 9. Comply with manufacturer's product data in all aspects of basic material usage, handling, installation and substrate preparation, except where more stringent requirements are specified. 10. Do not overload existing roof deckings or structure during mobilization, storage and/or disposal operations. B. Materials containing hazardous substances: 1. The intent of the Contract Documents is to exclude all materials which contain known hazardous substances, including materials containing asbestos, polychlorinated biphenyl (PCB), or any other known substances determined to be a health hazard by the United States Environmental Protection Agency (EPA) and other recognized agencies. In studying the Contract Documents and at any time during execution of the Work, the Contractor shall at once report to the Construction Consultant any materials containing hazardous substances that he may discover. Do not proceed with installation of materials containing known hazardous substances. 2. Where products are specified by product, by manufacturer, by reference standard or in descriptive manner without manufacturer's name, model number or trade name, Contractor shall select materials meeting specified requirements which do not contain known hazardous substances in any form. 3. In making requests for substitution, Contractor shall be responsible for determining that materials requested for substitution are free of known hazard- ous substances in any form. C. Substrate conditions: 1. Verify and obtain substrate conditions, tolerances and material alignments to receive applied or attached materials and construction. 2. Substrates shall be sound, clean, dry and free of imperfections and conditions which would be detrimental to receipt of applied materials and finishes. 3. Align materials to give smooth, uniform surface planes within specified tolerances and straight, level and plumb surfaces. 4. Inspect substrates prior to installation of applied materials and finishes. Correct unacceptable conditions prior to proceeding with work. 5. Existing sub-surfaces receiving new finishes shall have existing finish removed or, if sound, prepared in accord with manufacturer's product data to receive new specified finish. D. Finished surfaces: 1. Finished surfaces shall be clean, uniform and free of damages, soiling or defects in material and finish. 2. Protection: a. Protect finished surfaces from damage and soiling during application, drying or curing, as applicable. b. Provide temporary protective coverings or barriers required. MCSO Administration Building 01110-10 LBFG 202036300 e Project Procedures 3. Interface new finishes with existing finishes as required to provide aesthetic and functional installations acceptable to Owner and construction Consultant in accordance with specified requirements and approved samples. 1.6 PRODUCT OPTIONS AND SUBSTITUTIONS: A. Products are specified by reference standards, performance and manufacturer's name and model number or trade name. 1. When proprietary products are specified, substitutions will be allowed only by substitution provisions specified herein, unless it is specifically stated that no substitutions are allowed. B. If it is desired to use products different from those indicated in the Contract Documents, the party requesting the substitution shall make written application as described herein. The burden of proving equality of proposed substitutions rests with the party making the request for substitution. 1. Requests for substitution shall reach the Construction Consultant not less than ten days prior to the date set for opening of bids. Requests received by Construction Consultant after this date will not be considered. 2. Contractor shall be responsible for payment of time for research, evaluation, selection and re-design costs incurred by Construction Consultant and his consultants for substitutions. 3. Requests for substitution shall be accompanied by such technical data and samples as the party making the request desires to submit. Construction Consultant will consider reports from independent testing laboratories, verified experience records from previous users, and other printed or written information valid in the circumstances. 4. Requests for substitution shall indicate in what respects proposed materials or products differ from those specified and the effect on interfacing or related work. 5. Requests for substitution shall be accompanied by the manufacturer's dated product data describing the installation, use and care, as applicable, of pro- posed substitution. Include reference standards, test data and clarification drawings. 6. Requests for substitution shall be accompanied by complete cost data indicating material cost, installed cost and savings, if any, resulting from proposed substitution. 7. Determination as to acceptability of proposed substitutions will be made based only on data submitted. 8. Contractor shall coordinate installation of accepted substitutions with interfacing work, bearing evaluation and re-design costs and making approved changes in the Work to properly incorporate the substitutions, and shall waive all claims for additional costs related to use of acceptable substitutions which become apparent following acceptance. C. An addendum will be issued to Bidders not less than five days prior to the date set for opening of Bids if a proposed substitution is accepted by Construction Consultant. Unless substitutions are received and approved as described above, the MCSO Administration Building 01110-11 LBFG 202036300 e Project Procedures successful Bidder shall be responsible for furnishing materials and products in accord with the Contract Documents. D. In the event that specified items cannot be delivered to the jobsite and incorporated into the Work at such times and in such quantities as to cause no delay, then Con- tractor may request a substitution in the manner described above. Should the accepted substitution provide a cost savings, the Contract price will be adjusted by Change Order, with Owner receiving the benefit of the net savings. No increase in the Contract price will be allowed on substitutions made after the receipt of Bids, except where the Contractor can verify a timely placement of orders appropriate to the materials and conditions involved. E. Inability to obtain specified items due to Contractor's failure to place timely orders will not be considered reason for authorizing substitutions. 1.7 CONTRACT CLOSEOUT: A. Closeout timing: 1. Contractor shall prepare, assemble and transmit the items listed herein to the Owner in care of the Construction Consultant. 2. Unless additional quantities are specified elsewhere, submit items in duplicate. 3. Documents, tools, equipment, demonstrations and other closing requirements shall be submitted or performed and accepted prior to Date of Final Accep- tance. B. Detail requirements: 1. Record documents: Submit project record documents ("as-builts")upon project completion. 2. Inspection reports: Submit certificates from applicable local governmental agencies that the construction has been inspected as required by laws or ordi- nances and that the building is approved for occupancy. 3. Warranties: a. Contractor shall furnish his warranty and shall require each subcontractor and material manufacturer to furnish his warranty, in writing. Assemble, bind, label and transmit warranties as required for other manuals above. Unless specifically indicated otherwise in individual sections, the period for warranties shall begin on the Date of Substantial Completion and shall continue for five years. Warranties shall state the Date of Substantial Completion and the date on which the warranty expires. b. Contractor shall forward manufacturers' and installers' warranties as specified in the individual specification sections. Assemble, bind, label and transmit warranties as required for other manuals above. Unless specifically indicated otherwise in individual sections, the period for warranties shall begin on the Date of Substantial Completion. Warranties shall state the Date of Substantial Completion and the date on which the warranty expires. MCSO Administration Building 01110-12 LBFG 202036300 e Project Procedures 4. Maintenance Procedures: Contractor shall furnish maintenance procedures and requirements of manufacturers of new products/finishes for the information and use of Owner(s). 1.8 CLEANING UP: A. General requirements: 1. Contractor shall keep the project site free from accumulation of waste materials and rubbish at all times during the construction period. At completion of the Work, he shall remove all waste materials and rubbish from and about the project, as well as his tools, construction equipment, machinery and surplus materials, except those specifically required by the Contract Documents to be left for the Owner's maintenance. 2. If Contractor fails to keep project clean or to clean up prior to Date of Substantial Completion, the Owner may do so, and the cost will be charged to the Contractor. B. Safety requirements: 1. Store volatile waste in covered metal containers. Remove from project site daily. a. Allow no volatile wastes to accumulate on project site. b. Provide adequate ventilation during use of volatile substances. 2. Do not burn or bury waste materials or rubbish on project site. Comply with governmental and environmental regulatory requirements for disposal of waste. 3. Dispose of no volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains, on pavements, in gutters or on project site. 4. Dispose of no waste or cleaning materials containing materials harmful to plant growth on project site. As quickly as possible, clean up materials which are accidentally spilled. 5. All staging and work environment shall be scheduled, monitored and maintained to meet all OSHA requirements to perform the specified work in a safe manner. 6. Do not overload roof deckings during roof replacement. 7. Utilize cleaning materials acceptable to Owner to best demonstrate safety to the guests. Solvent based cleaners should not be used. C. Cleanup and equipment demobilization during construction: 1. Execute cleaning procedures to ensure that building, project site and adjacent properties are maintained free from debris and rubbish. 2. Wet down materials subject to blowing. Throw no waste materials from heights. 3. Provide covered on-site containers for waste collection. Place all waste materials and rubbish in containers in an expeditious manner to prevent accumulation. Remove waste from project site when containers become full. 4. Legally dispose of all waste materials, rubbish, volatile materials and cleaning materials off project site. 5. Dispose of no materials in waterways. MCSO Administration Building 01110-13 LBFG 202036300 e Project Procedures 6. Protect newly finished and clean surfaces from contamination during cleaning operations. 7. Allow no accumulation of debris contributing to survival or spread of rodents, roaches or other pests. On a daily basis, remove debris containing food scraps. D. Final cleanup: 1. Clean all finished surfaces in accord with manufacturer's product data and requirements specified in specification sections, prior to Date of Substantial Completion. All general and specific cleaning shall be performed prior to Contractor's request that the project or portion thereof be inspected for Substantial Completion. 2. Remove dust, debris, oils, stains, fingerprints and labels from exposed finish surfaces. 3. Repair, patch and touch up marred surfaces to match adjacent finishes. Replace materials which cannot be repaired or patched. 4. Clean disturbed areas of project site of debris. 1.9 SELECTIVE DEMOLITION AND WORK SCHEDULING: A. Delivery, storage and handling: 1. Store materials in locations acceptable to Owner. 2. Maintain neat, clean conditions in storage areas; remove rags and waste materials at end of each day's work. B. Job conditions: 1. During demolition operations, should suspect asbestos or asbestos-containing materials, or any other material listed as a hazardous material by the Envi- ronmental Protection Agency be discovered, notify Construction Consultant and Owner and discontinue that portion of the work until further instructed. 2. Drawings indicating existing building conditions are available from the Owner for general information only. The Owner assumes no responsibility for the actual condition of work to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations may occur by Owner's removal and salvage operations prior to the start of the demolition work. 3. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks and adjacent facilities. All roads, street and walk closures will require pre-approval of governing officials and owner with permits collected prior to work commencing. 4. Do not close or obstruct streets or walks without permission from authorities having jurisdiction. Provide flagman where public thoroughfares are used for debris removal or required by governing officials. Maintain thoroughfares free of dirt and debris caused by demolition or hauling operations. 5. Conduct demolition operations to minimize disruption or interference with building occupants and operation, and the use of building facilities not in- cluded in the work. Coordinate phasing of work with the Owner. 6. Protect portions of existing building indicated to remain. Repair or replace portions of building damaged by this work, at no additional cost. MCSO Administration Building 01110-14 LBFG 202036300 e Project Procedures 7. Provide temporary enclosures or other methods to limit dust transmission to adjacent areas. Provide temporary weatherproof enclosures for portions of work exposed to weather. Provide temporary noise reduction barriers to separate work areas from adjacent occupied areas. 8. Maintain building security. Equip doors with locks. Secure construction area during non-working hours. 9. Where removal or alteration of concealed structural members is required, which are not included in detail on drawings, submit engineering details for review by Construction Consultant prior to proceeding. 10. Provide temporary fire protection devices and construction when removing or relocating existing fire doors or barriers. Install permanent fire protective construction to close voids and penetrations as work progresses. Coordinate with local building officials and Owner's insurance carrier. 11. Provide temporary protective walkways or covering on existing roof surfaces to protect existing assemblies from damage. Provide plywood walkways where machinery or scaffolding equipment is moved or operated. 12. Schedule high noise level operations to hours as acceptable to Owner. 13. Limit exterior dust by sprinkling, collection and/or other acceptable methods. 14. Provide overhead walkway protection for pedestrians when working above. Coordinate installation of overhead walkways with facility management. Maintain walkways in safe condition throughout project. 15. Demonstrate all necessary precautions to not overload structure during roof replacement remediations. PART 2 - PRODUCTS 2.1 MATERIALS: A. Materials for replacement of work removed: Comply with specification sections for type of work to be performed. 2.2 REMOVED MATERIAL: A. Reuse of material: 1. Reuse of any items involved in the work is subject to the Contractor's ability to remove, store and reinstall the item without permanently damaging or marring the items to be reused. 2. If the Contractor is unable to reuse any item as prescribed herein, he shall substitute new material to match existing in lieu of reusing same. 3. Contractor may also elect to use new material to match existing in lieu of reuse of existing for his own convenience. PART 3 - EXECUTION 3.1 EXAMINATION AND PRE-CONSTRUCTION CONFERENCE: A. Examination: MCSO Administration Building 01110-15 LBFG 202036300 e Project Procedures 1. Visit project site to document existing conditions and compare locations of equipment, electrical and mechanical work with indications in Contract Documents or needs to provide a complete remediation as specified. Report any discrepancies discovered for resolution. 2. Examine existing conditions of the project, including elements subject to damage or to movement during cutting and patching. 3. After uncovering work, inspect conditions affecting installation of products or performance of work. 4. Report unsatisfactory or questionable conditions to Owner Facility Management and Construction Consultant in writing; do not proceed with work until further instructions are provided. B. Preparation: I. Provide adequate temporary support to ensure the structural value or integrity of the affected portion of the work. 2. Provide devices and methods to protect other portions of the project from damage. 3. Provide protection from the elements for that portion of the project which may be exposed by demolition or cutting and patching work. 4. Prepare all surfaces receiving new materials as required for complete assembly in accordance with project specified requirements. C. Prior to beginning work, a pre-construction conference will be held to review work to be accomplished and to inventory existing conditions. 1. Contractor, Construction Consultant, Owner, related Subcontractors and Facility management will be present. 2. Contractor shall notify Construction Consultant and Owner at least ten days prior to time of conference. 3. Remediation work and inventory of existing conditions, existing damages to work, existing construction to remain and items to be remediated shall be reviewed at conference. Contractor shall provide meeting minutes of the pre- construction meeting to all parties within three days of the meeting. 3.2 PREPARATION: A. Plan scheduling and phasing of the work to minimize interference with Owner's existing operations that will remain in use during the work in accordance with owner's requirements. Minimize disruption of building operations and use of adjacent facilities. Contractor shall provide and maintain a production schedule throughout the duration of the project. B. Make mechanical and electrical connections without disruption of service to occupied areas or overloading of existing systems. Coordinate temporary disconnection or disruption of electrical and mechanical services with Owner gaining approval prior to disconnection taking place. C. Security: MCSO Administration Building 01110-16 LBFG 202036300 e Project Procedures 1. Contractor shall provide safe access to occupied, including sidewalk areas, during the course of the work. 2. Provide fences, enclosures or partitions to segregate work areas from occupied and used areas. 3. Provide guards or lockable closures for off hours to secure occupied and used areas of building, if required by Owner. D. Plant protection: 1. Cover, barricade or otherwise protect foliage of plants or trees designated to remain. 2. Rinse dust from foliage and maintain plants watered during operations. 3. Prevent spillage of demolition runoff or solutions of harmful liquids on root systems of plants or trees. 4. Replace, at no cost to the Owner, landscape items damaged by demolition operations. E. Comply with governing regulations pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and pollution. F. Clean adjacent structures and improvements of dust, dirt and debris caused by demolition or remedial operations, as directed by the Construction Consultant or governing authorities. Return adjacent areas to condition existing prior to the start of the work. 3.3 DEMOLITION: A. Observe and monitor adjacent structures during demolition operations by comparing to photographs taken prior to start of work. Stop work and notify Construction Consultant for resolution if any changes are observed. B. Demolition: Remove construction and finishes as required for new construction and to limit specified and/or indicated. Comply with project restrictions for all facets of work required. C. Proceed with demolition in accord with approved production schedule. Locate demolition equipment throughout the structure and remove materials so as not to impose excessive loads to supporting walls, floors or framing. D. During demolition, protect adjoining work from damage. Observe and monitor adjacent structural elements. Stop work and notify Construction Consultant for instructions if changes are noted. Cracks or structural damage resulting from demolition shall be repaired at no expense to Owner and to Construction Consultant's satisfaction. E. Remove existing work without damage to substrates or adjacent surfaces. Include removal of mechanical and electrical work as applicable. MCSO Administration Building 01110-17 LBFG 202036300 e Project Procedures F. Where work is to be cut or removed to accommodate new work, form neat, uniform and smooth edges or terminations matching existing finishes as work is completed. G. Except for items designated to be removed and reused in the work or items retained by Owner for storage, all material resulting from this work shall become property of Contractor and shall be promptly removed from site. Storage or sale of removed materials will not be permitted on project site or within building. H. Remove existing mechanical and electrical equipment, including plumbing fixtures and piping, as required to complete work. I. Provide all necessary shoring and bracing to maintain structural integrity of the building during demolition operations. Remove only after new structure is in place and capable of supporting braced or shored parts. J. Disposal of demolished materials: 1. Remove debris, rubbish and other materials resulting from demolition operations from the site. Do not stockpile debris on project site. 2. Removal of debris from demolition shall be generally through the exterior perimeter of the building, with removal through occupied spaces or corridors only upon specific permission by Owner. 3. Burning of removed materials from demolished structures will not be permitted on the site. 4. Transport materials removed from demolished structures and dispose of off the site in accordance with local governing restrictions. 3.4 CUTTING AND PATCHING: A. Performance: 1. Execute cutting, patching and demolition by methods which will prevent damage to other work and will provide surfaces to receive installation of repairs. 2. Execute work by methods which will prevent settlement or damage to other work. 3. Elements of a structural or support nature, including concealed elements exposed by the removal of existing elements of the work, shall be inspected and the Construction Consultant notified should additional work be indicated due to loss of structural integrity, rot, rust, corrosion or other similar condition. 4. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. 5. Restore work which has been cut or removed; install new products to provide complete work in accord with requirements of Contract Documents. 6. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. Fire stop penetrations through fire-rated construction. 7. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes: a. For continuous surfaces: Refinish to nearest intersection. b. For an assembly: Refinish the entire unit. MCSO Administration Building 01110-18 LBFG 202036300 e Project Procedures 8. Repair damaged adjacent surfaces and finishes to original condition. 9. Maintain integrity of fire-resistant and rated construction. B. Restoration: 1. Remove existing elements of a particular visual nature with care and in such manner that maximum reuse is possible. Label, clean, protect and store to ensure reusability or reinstallation, as applicable, to as near original condition as possible. 2. Existing items of significant visual or operational value to Owner, not planned for reinstallation, shall be made available for Owner's retention for use in other work. 3. Repairs of visual or finish materials requiring new material shall be made using materials which will match existing work in type, size, texture and all other visual aspects as approved by Owner. 4. Restore elements of a structural or support nature, or other concealed elements exposed by the removal of existing elements of the work. 5. Finish surfaces requiring removal and repair, but designated to receive a new finish obscuring the nature of the original surface, may be repaired using materials most expedient to the nature of the work and which will result in a uniform, sound finished new surface of at least equal strength to existing adjacent material replaced. Sub-surfaces to receive the new finish shall be of like nature to existing surrounding surfaces and acceptable to new finish surfacing installer for receipt of new materials without extra surface preparation for the repaired area. 6. Wiring, conduit, pipe or other utility service elements shall be enclosed or recessed within the building elements or surfaces, with associated material removal and restoration as described above. This shall include both new elements and existing surface-mounted elements to be retained within finished area. 7. Comply with the requirements herein specified for delivery, storage, handling and installation of materials. End of Project Procedures MCSO Administration Building 07141-1 LBFG 202036300 e Contractor Warranty Form SECTION 01741 CONTRACTOR WARRANTY FORM PROJECT: LOCATION: We, Contractor for the above-referenced (Company Name) project, do hereby warrant that all labor and materials furnished and work performed are in accord with the Contract Documents and authorized modifications thereto, and will be waterproof and free from defects due to defective materials or workmanship for a period of 5 years from Date of Substantial Completion. This warranty commences on (Date of Substantial Completion affixed by Owner) and expires on (Five years from Date of Substantial Completion) Should any defect develop during the warranty period due to improper materials, workmanship or arrangement, the same, including adjacent work displaced, shall be made good by the undersigned at no expense to the Owner. The Owner will give Contractor written notice of defective work. Should Contractor fail to correct defective work within 30 days after receiving written notice, the Owner may, at his option, correct defects and charge Contractor costs for such correction. Contractor agrees to pay such charges upon demand. Nothing in the above shall be deemed to apply to work which has been abused or neglected by the Owner. FOR (Company Name) BY TITLE DATE End of Contractor Warranty Form MCSO Administration Building 07157-1 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) SECTION 07157 SILICONE ELASTOMERIC COATING PART 1 - GENERAL 1.1 SUMMARY: A. Work of this section includes the preparation and application of a silicone based elastomeric coating to all exterior walls throughout the facility as described as Base Bid Summary of Work and related Alternate Bids. B. Related work specified elsewhere: 1. Exterior Insulation Finishing System (EIFS). 2. Sealants and Caulking. 1.2 SUBMITTALS: A. Product data: Submit manufacturer's instructions for installation of elastomeric material over substrates indicated. Include detailed requirements for preparation of surfaces, application rates and methods, treatment of joints and protection requirements. Delete inapplicable requirements from product data. B. Color samples: Submit color and texture samples from coating manufacturer to match existing paint colors or alternate colors if required by Owner. C. Manufacturer Acceptance: Include correspondence from manufacturer indicating proposed applications are acceptable for existing construction substrates/surfaces. Correspondence shall state substrates are acceptable and will not affect the new coating performance and/or proposed warranties. This shall include related pre- construction adhesion and compatibility testing by manufacturer's representative. 1.3 DELIVERY, STORAGE AND HANDLING: A. Delivery: 1. Deliver materials to project site ready-mixed in original containers with labels intact. 2. Provide labels bearing manufacturer's name, coating type, color and recommended installation procedures. B. Storage and handling: 1. Store materials properly in acceptable location away from harmful weather conditions and/or temperature conditions. 2. Maintain neat, clean conditions in storage area; remove rags and waste materials at end of each day's work. 3. Close containers not in use. Leave no materials open. MCSO Administration Building 07157-2 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) 1.4 PROJECT CONDITIONS: A. Do not install elastomeric coatings during inclement weather or when such conditions are expected. Allow wet surfaces to dry. B. Do not install elastomeric coatings when temperature is above 100 deg F (38 deg C) or below 20 deg F (-6 deg Q. C. Apply no materials when subject to windblown dust or rain. D. Apply no materials on wet surfaces or where temperature of substrate would result in excessive, rapid drying causing streaks or discoloration. 1.5 QUALITY ASSURANCE: A. Installer shall have a minimum five (5)years successful experience in the application of the specified silicone elastomeric coating system. B. Single Source Responsibility: Provide elastomeric coatings and related silicone joint sealants by a single manufacturer through a single source. C. Mockups: Provide mockup of each coating system, color, and texture selected for approval by Owner. Locate as indicated or as directed by Architect/Owner. Final approval of color and texture selections will be based upon mockups. Approved mockups may remain as part of finished work. D. Applicable standards: Standards of the American Society for Testing and Materials (ASTM) as referenced herein. E. Perform pH testing to determine alkalinity of substrates prior to coating application; comply with manufacturer's product data. 1.6 WARRANTY: A. Manufacturer's warranty: Furnish manufacturer's ten-year limited watertight performance warranty. Warranty shall include new silicone based exterior sealants for manufacturing defects stating they will perform where adequately installed. B. Special warranty: The installer shall warrant the work of this section to be free from faults and defects in workmanship for a period of five years. This warranty includes watertightness. The contractor warranty shall include coverage for new elastomeric coatings and new sealant installations. Contractor shall not be responsible for existing work not installed by Contractor's employees or subcontractors. C. Warranties shall provide for prompt repair or replacement of defective materials during the warranty period. Warranties shall include repair of hairline cracking of substrate resulting from thermal movement, nominal building shrinkage and MCSO Administration Building 07157-3 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) settlement up to a maximum crack width of 1/16". Warranty coverage shall also include repair of water blisters or coating degradation that results from water penetrating the elastomeric coating/sealer. Warranties shall begin at Date of Substantial Completion. PART 2 - PRODUCTS 2.1 SILICONE ELASTOMERIC COATING: A. Silicone Elastomeric Coating: Single-component, fluid-applied, water-based, pigmented silicone elastomer. 1. Basis of Design Product: DOWSILTM AllGuard Silicone Elastomeric Coating. 2. Color: new coating shall coordinate with existing colors and layout currently in place. 3. Volatile Organic Compound (VOC) Content: 4 g/L maximum. 4. Moisture-Vapor Transmission, ASTM D 1653: 43 perms, minimum. 5. Composition: 100% silicone coating. 6. Hardness, ASTM D 2240: 38 durometer Shore A. 7. Tensile Strength, ASTM D 412: 145 lbf/sq. in. (1.0 MPa), minimum. 8. Elongation, ASTM D 412: 600 percent, minimum. 8. Room Temperature Flexibility, ASTM D 522: 1/8 inch mandrel test; pass. 9. Low Temperature Flexibility, ASTM D 711: 1/4 inch mandrel test; pass. 10. Fungus Resistance, ASTM D 3274: No growth. 11. Mold Resistance, ASTM D 3273: No growth. 12. Solids Content, ASTM D 2369: Not less than 55 percent by weight. B. Accessory Materials 1. General: VOC content of primers and fillers, 107 g/L or less 2. Crack Fillers: Elastomeric coating manufacturer's recommended, factory- formulated crack fillers or sealants compatible with substrate and other materials. 3. Primer: Elastomeric coating manufacturer's recommended, factory- formulated, alkali-resistant primer compatible with substrate and other materials indicated. PART 3 - EXECUTION 3.1 MOCK-UPS: A. Prepare a mock-up of elastomeric coating system at two locations of existing project exterior walls as directed by Owner and Consultant. Area of mock up shall include a minimum two elevated wall locations as determined by Owner. Mock up shall include all preparation, sealant replacement and new elastomeric coatings application. Mock-up shall also include provision of adhesion samples for evaluation and approval of the manufacturer. MCSO Administration Building 07157-4 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) B. Mock-up will be reviewed for color, texture, uniformity, appearance and workmanship. Mock-up will also be water tested to demonstrate performance. Manufacturer's representative shall perform adhesion testing of the installed mock- up adhesion test samples to confirm required substrate preparation and primer requirements. If mock-up is not satisfactory, correct mock-up until approval is obtained. Do not start overall application of coatings until mock up is approved. C. Approved, undamaged mock-up may remain as part of the finished work and shall serve as a standard of quality for the remainder of the work. 3.2 PRE-INSTALLATION CONFERENCE: Prior to beginning overall installation of elastomeric coating, a pre-installation meeting will be conducted with all related parties present. Monroe County Public Works and Engineering, Contractor, manufacturer(s) and consultant shall be present at the pre-installation meeting. 3.3 PREPARATION OF SURFACES: A. Surfaces to receive finishes shall be dry and free of oils, dust or other loose, foreign or deleterious materials. This includes all new and existing sealant joints. Pressure clean all surfaces to prepare for new elastomeric coatings., B. EIFS and concrete: 1. Surfaces shall be dry prior to applying first coat. 2. Fill cracks and small holes with prime coat in accord with product data. Prime other areas as recommended by coating manufacturer. 3. Coordinate with related remediations to ensure new remediations are sufficiently cured prior to new coatings being installed. C. Concrete unit masonry: Rub to remove loose mortar and debris. Fill irregularities with cement grout. D. Metals: Clean and prime in accord with product data. E. Prior to application of elastomeric coating system, expansion and control joints shall be cleaned and sealed as specified in Section 01010-Summary of Work and Section 07920-Sealants and Caulking. Allow new sealants to cure for minimum of 7 days prior to cleaning and application of new elastomeric coating finish. F. Mask non-compatible caulked joints to prevent application of coating to sealant, including caulked joints of reglet counterflashing system, where applicable. Do not allow masking to cover substrate beyond edge of sealant. G. Remove hardware, accessories, plates, fixtures, and similar items that are not to be coated. If removal is not practical, provide protection for installed items prior to cleaning and preparation activities. If removal is not practical, provide protection for installed items prior to cleaning and preparation activities. After completing coating operations, use workers skilled in the trades involved to reinstall items that were removed. MCSO Administration Building 07157-5 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) H. Protect adjacent surfaces not designated to receive coatings. Provide protection for pedestrians, vehicles, landscaping, and surrounding areas to prevent contact with coating materials. 3.4 APPLICATION: A. Prime surfaces as directed by consultant and manufacturer's product data as applicable based on manufacturer's pre-installation adhesion testing results. B. Treat minor hairline cracks using manufacturer's silicone sealant material applied in 1/16" thickness or elastomeric coating applied at a minimum 12 wet mils over cracks and troweled flush with substrate or feathered at a distance of 2" either side of crack. C. Treat all cracks in substrates in excess of 1/16" width, including EIFS cracks and EIFS accessory intersections to EIFS, by routing and sealing the cracks with Dowsil silicone sealant. Following cure of sealant cover repairs with manufacturers sealant material applied in 1/16" thickness over repair and troweled flush with substrate a distance of 2" either side of repair. D. At all inside corners of exterior walls and surrounding wall penetrations, apply a minimum 1" face sealant cant of silicone sealant prior to new elastomeric coating finish. Seal all voids, gaps and penetrations in the coating substrates. E. Apply specified silicone-based sealant to all EIFS control joints currently unsealed to prepare for the new elastomeric coating. At existing control joints experiencing deterioration due to excessive movement seal control joint with specified silicone tape and overcoat with new silicone elastomeric coating. F. Apply silicone elastomeric coating in minimum of two coats. A total minimum dry film thickness of 10 mils is required. Apply coating materials in accord with manufacturer's product data. 1. Apply coating only when moisture content of surfaces is within manufacturer's recommended limits. 2. Apply materials using clean brushes, rollers or spraying equipment. 3. Comply with manufacturer's product data for drying time between coats. G. Finish coats shall be continuous and aesthetically consistent with approved mock up throughout the project. H. Make edges of coating adjoining other materials clean and sharp without overlapping. I. Remove masking from caulked joints and related dissimilar finishes before coating sets, leaving smooth edges and no uncoated substrate. J. Immediately following coating application, clean overspray and droppings from adjacent surfaces. MCSO Administration Building 07157-6 LBFG 202036300 e Silicone Elastomeric Coating (Base Bid) 3.5 MANUFACTURER INSPECTIONS A. Manufacturer shall be required to conduct periodic field inspections as elastomeric coating installations progress. Inspection shall include visual inspections to confirm adequacy of applications, confirming adhesion of coatings to substrates and confirming coating thicknesses comply with specified requirements. B. Following each field inspection, manufacturer shall issue field report documenting inspection discoveries and listing all conditions in need of corrective action. 3.6 CLEANING AND PROTECTION A. Do not apply coating by spray methods in windy conditions or when application is deposited on surfaces beyond those that have been masked. Protect installed coating system from damage during construction. B. Remove temporary coverings and protection of adjacent work areas upon completion. Immediately remove overspray coating from areas not intended to be coated. Remove construction debris from project site on a planned daily basis. C. Repair locations of coating damage resulting from construction at close out of proj ect. End of Section MCSO Administration Building 07240-1 LBFG 202036300 e Exterior Insulation and Finish System (EIFS) SECTION 07240 EXTERIOR INSULATION AND FINISH SYSTEM (EIFS) PART 1 - GENERAL 1.1 SUMMARY: A. Repair nonstructural EIFS base coat and finish and isolated locations of EIFS damage. (Note: the combination of EIFS base coat, reinforcing mesh and finish may be referred to as "EIFS lamina" and, for purposes of this specification, treated as a single construction element.) 1.2 REFERENCES: A. ASTM Standards 1. ASTM C 920, Specification for Elastomeric Joint Sealants 2. ASTM C 1382, Specification for Sealants for EIFS 3. ASTM E 2430, Specification for EIFS Reinforcing Mesh 4. ASTM E 2568, Specification for EIFS 5. ASTM E 2570, Specification for Water-resistive Barrier Coatings 6. International Building Code (IBC) 2015 1.3 SUBMITTALS: A. EIFS, repair materials, and coating manufacturers' specifications, details, installation instructions and product data. B. Manufacturer's standard material warranty for each product or system to be used. 1.4 QUALITY ASSURANCE: A. Contractor requirements 1. Contractor shall be licensed and insured and shall have been engaged in EIFS and EIFS repair construction for minimum five years. 2. Contractor shall be knowledgeable in the proper handling, use and installation of materials specified. 3. Contractor shall employ skilled mechanics who are experienced and knowledgeable in the repair procedures and requirements of the specified proj ect. 4. Contractor shall have completed minimum three projects of similar size, scope and complexity to the project being specified. 5. Contractor shall provide the proper equipment, manpower and supervision on the job site to perform the repair procedures in accordance with published repair specifications, applicable manufacturer's details and the contract documents. MCSO Administration Building 07240-2 LBFG 202036300 e Exterior Insulation and Finish System (EIFS) 1.5 PRODUCT HANDLING: A. Deliver all materials in their original sealed containers bearing manufacturer's name and product identification. B. Protect liquid products (pails)from freezing and temperatures greater than 90 degrees F (32 degrees Q. Do not store in direct sunlight. C. Protect portland cement based materials (bag products)from moisture and humidity. Store under cover and off of the ground in a dry location. 1.6 SUBSTITUTIONS: A. Proposals for substitution products shall be accepted only from the bidding contractors a minimum of 10 working days before bid due date. The proposed substitution shall meet the performance and quality standards of this specification. 1.7 JOB CONDITIONS A. Apply materials only when surface and ambient temperatures are above 40 degrees F (4 degrees C) and are expected to remain above 40 degrees F (4 degrees C)for 24 hours after application. B. Provide supplementary heat for installation in temperatures less than 40 degrees F (4 degrees Q. C. Provide protection of surrounding areas and adjacent surfaces from spillage, splatter, overspray or other unintended contact with the materials that are being applied. 1.8 WARRANTY A. Warranty shall include contractor 5 year warranty for workmanship related defects. PART 2 - PRODUCTS 2.1 GLASS FIBER MESH REINFORCEMENT A. Factory blended glass fiber mesh, weighing 3.6 oz/yd2 , applied to the foam plastic formed shape. 2.2 BASE COAT A. Factory blended Two-part, polymer-based, cementitious material. MCSO Administration Building 07240-3 LBFG 202036300 e Exterior Insulation and Finish System (EIFS) 2.3 ADHESIVE A. Provide from single manufacturer: 1. Dryvit Primus 2. Dryvit Genesis/Genesis DM 3. or equivalent by Sto Corp. 2.4 EIFS COMPONENT MATERIALS AND COATINGS A. Provide EIFS component materials and coatings (as applicable) from single manufacturer. Acceptable manufacturers: 1. Dryvit Systems, Inc., One Energy Way, West Warwick, RI 02893; www.diyvit.com, 1-800-556-7752 2. Sto Corp., 3800 Camp Creek PKWY, Building 1400, Suite 120, Atlanta, GA 30331; www.stocorp.com, 1-800-221-2397 2.5 PORTLAND CEMENT A. Provide ASTM C 150 Type I, Type II, or Type I-II cement for mixing with Mfg. Primer/Adhesive if not factory-blended. 2.6 EXPANDED POLYSTYRENE(EPS) INSULATION BOARD A. Provide Type I Expanded Polystyrene Insulation Board as defined by ASTM C 578 intended for use in Exterior Insulation and Finish Systems (EIFS). B. Insulation board shall be molded closed cell in compliance with ASTM E 2430 and ASTM C 578 Type I. The boards shall be covered by manufacturer's approved product list or an ICC-ES report demonstrating compliance to the requirements of ICC-ES AC 10. PART—3 EXECUTION 3.1 EXAMINATION A. Inspection of EIFS structures shall be made at the time of work commencing in each location. Inspections are to be made and identified on construction drawing by field supervisor and/or owner's consultant. Obtain approval of repair locations and scope from Owner's Consultant prior to commencing repairs. B. Establish clear understanding of the repair scope and process with the mechanics that will perform the work for each individual location. 3.2 EIFS DAMAGE REPAIR A. Perform repairs in accordance with manufacturer's written instructions. 1. Repair impact damage to EIFS including damaged substrate, insulation, base coat reinforcing mesh and finish in locations indicated on the project drawings and as identified during field inspection. MCSO Administration Building 07240-4 LBFG 202036300 e Exterior Insulation and Finish System (EIFS) a. Determine the exact scope of individual repairs based on inspection at the time of selective demolition. 2. Repair cracks in EIFS finish and lamina where indicated on project drawings and as identified during field inspection. End of Section MCSO Administration Building 07920-1 LBFG 202036300 e Sealants and Caulking SECTION 07920 SEALANTS AND CAULKING PART 1 - GENERAL 1.1 SUMMARY: A. Work of this section includes the removal, preparation and installation of specified sealants in relation to the scheduled remediations as generally described in the Base Bid Summary of Work, Allowances, Unit Prices and Alternate bids. B. Related Sections: 1. Summary of Work 2. Alternates 3. Painting/Silicone Elastomeric Coating 4. Exterior Insulation And Finish System (EIFS) C. Definitions: 1. Sealant: A weatherproof elastomeric used in filling and sealing joints, having properties of adhesion, cohesion, extensibility under tension, compressibility and recovery; designed to make joints air and watertight. Material is designed generally for application in exterior joints and for joints subject to movement. 2. Caulking compound: A material used in filling joints and seams, having properties of adhesion and cohesion; not required to have extensibility and recovery properties, generally for application in interior joints not subject to movement. 3. Caulk: The process of filling joints, without regard to type of material. 4. Joint failure: A caulked joint exhibiting one or more of the following characteristics: a. Air and/or water leakage. b. Migration and/or reversion. C. Loss of adhesion. d. Loss of cohesion. e. Failure to cure. f. Discoloration. g. Staining of adjacent work. h. Development of bubbles, air pockets or voids. 5. Exterior wall sealants: Include all control joints, expansion joints,joints between dissimilar surfaces and penetrations. 6. Wet glazing sealants: Medium modulus silicone sealant installed to all exterior metal-to-metal and glass-to-metal joinery of the existing curtainwall assemblies, to restrict water entry into the curtainwall internal components. 7. Remedial glazing sealant: Medium modulus silicone sealant installed between existing glass units and window frame following deglazing and preparation of surfaces. MCSO Administration Building 07920-2 LBFG 202036300 e Sealants and Caulking 1.2 SUBMITTALS: A. Product data: Submit manufacturer's product description, indicating conformance with specified requirements and installation instructions for each type of sealant. Indicate preparation and priming requirements for each substrate condition. B. Color samples: 1. Submit samples of manufacturer's standard material colors for standard color sealants. 2. Samples shall be actual materials or literature depicting actual colors of standard color materials. Construction Consultant reserves the right to reject work not in conformance with selected colors, based upon samples submitted. C. Adhesion compatibility test results: Submit a letter from sealant manufacturer indicating that adhesion and compatibility testing has been performed on actual samples of aluminum framing system, window wall, curtainwall, storefront, EIFS, architectural precast concrete components, that materials are compatible and that adhesion is acceptable. Indicate requirements for primers or special preparation. D. Substrate staining test results: Submit a letter from sealant manufacturer indicating that substrate stain testing has been performed on actual samples of each type of granite veneer to receive joint sealant and that sealant was found to be non-staining to substrate. Indicate requirements for primers or special preparation to meet non-staining requirements. 1.3 JOB CONDITIONS: A. Weather conditions: 1. Install no materials under adverse weather conditions or when temperatures are below or above those recommended by manufacturer's product data or when substrate moisture content is above manufacturer's recommended level. 2. Proceed with work only when forecasted weather conditions are favorable for joint cure and development of high early bond strength. 3. Wherever joint width is affected by ambient temperature variations, install materials only when temperatures are in lower third of manufacturer's recommended installation temperature range. B. Protection of adjacent surfaces: 1. Protect by applying masking material or manipulating application equipment to keep materials in joint. If masking materials are used, allow no tape to touch cleaned surfaces to receive sealant. Remove tape immediately after caulking, before surface skin begins to form. 2. Remove misapplied materials from surfaces by using solvents and methods recommended by manufacturer. MCSO Administration Building 07920-3 LBFG 202036300 e Sealants and Caulking 3. At surfaces from which materials have been removed, restore to original condition and appearance. 1.4 QUALITY ASSURANCE: A. Applicable standards: American Society For Testing and Materials (ASTM), standards as referenced herein. 1.5 WARRANTY: A. Contractor's Warranty: Warrant work to be watertight and free from defects in materials and workmanship, including joint failure, for a period of five years, beginning at Date of Substantial Completion. B. Manufacturer's Warranty: Warrant new silicone sealants to be free from material defects for a period of twenty years beginning at the Date of Substantial Completion. PART 2 - PRODUCTS 2.1 LOW MODULUS SILICONE SEALANT: A. Acceptable products; subject to compliance with specified requirements: 1. Dow Dowsil 790 B. Characteristics: 1. Type: One-part, low modulus silicone rubber; meeting ASTM C920-87, Type S, Grade NS, Class 100/50. 2. Colors: As selected by Architect from manufacturer's standard selection. C. Backer rod: Open-cell polyurethane foam; no closed cell or modified closed cell rods allowed except as required by manufacturer's of adjacent trades and accepted by sealant manufacturer in writing. 2.2 MEDIUM MODULUS SILICONE SEALANT: A. Acceptable products; subject to compliance with specified requirements: 1. Dow Dowsil #791 2. Dow Dowsil #795. 3. Dow Dowsil; #995. B. Characteristics: 1. Type: One-part silicone rubber; meeting ASTM C920-87, Type S, Grade NS, Class 50. 2. Colors: As selected by Owner from manufacturer's custom selection. MCSO Administration Building 07920-4 LBFG 202036300 e Sealants and Caulking 2.3 PREFORMED SILICONE SEAL: A. Acceptable products; subject to compliance with specified requirements: 1. Dowsil 123 Silicone Sealant. B. Characteristics: Ultra-low modulus preformed silicone extrusion. C. Colors: As selected by Owner from manufacturer's standard selection. 2.4 ACCESSORY MATERIALS: A. Joint cleaner: Type recommended by material manufacturer for substrates indicated. Do not use solvent based materials at EIFS surfaces and/or where odor can disturb occupants. B. Joint primer/sealer: Type recommended by material manufacturer for substrates, conditions and exposures indicated. C. Bond breaker tape: Plastic tape applied to contact surfaces where bond to substrate or joint filler must be avoided for material performance. D. Sealant backer rod: Non-absorbing rod stock polyethylene foam, polyethylene- jacketed polyurethane foam, butyl rubber foam or neoprene foam as recommended by sealant manufacturer for compatibility with sealant. Provide size and shape of rod to control joint depth, break bond at bottom of joint, form optimum shape of bead on back side and minimize possibility of extrusion when joint is compressed. E. Tooling agent: Agent recommended by material manufacturer to ensure contact of material with inner joint faces. F. New Compression Gasket: Arrow-shim as manufacturers by Tremco, size to meet project needs. PART 3 - EXECUTION 3.1 JOB MOCK-UP: A. Prepare, caulk and finish one mock-up sample of each joint condition within scheduled exterior wall mock-up locations indicated. Following sufficient cure of sealants, water test completed mock-up to demonstrate performance prior to overall sealant work beginning throughout the project. Following water testing, perform field adhesion test of each sample joint in the presence of the Construction Consultant and sealant manufacturer's authorized technical representative. Should sample joint be identified as unacceptable to Construction Consultant and/or technical representative, prepare additional samples until ap- proval is obtained. MCSO Administration Building 07920-5 LBFG 202036300 e Sealants and Caulking B. Sample joints shall be approved by Construction Consultant prior to beginning work. Approved, undamaged mock-up joints shall serve as a standard of quality for the remainder of the work. 3.2 JOINT SURFACE PREPARATION: A. Prepare all surfaces receiving sealant in accordance with manufacturer installations instructions and approved mock-up procedures. B. At window assemblies scheduled for re-glazing, cut-back or remove existing glazing as necessary to prepare for new silicone glazing sealants. C. Completely cut out and remove existing exterior sealant, remove all sealant/tape residue from all joints and clean joint surfaces immediately before applying new sealants. 1. Remove dirt, insecure substrates, all sealant residue, moisture and other contaminants which will affect the adhesion of the new sealant. 2. Grind surfaces at all applicable joints. Show concern not to damage metal surfaces. Do not grind metal j oint surfaces. 3. At existing joint surfaces with acceptable width, but surfaces are not smooth, grind surfaces for proper sealant adhesion. 4. At windows, storefront, curtainwall and metal panel joint surfaces, clean all metal surfaces and splice joints using solvent cleaner and clean using lint free rags, using two rag method to remove all existing sealant residue and prepare the surfaces. 3.3 APPLICATION: A. Comply with caulking material manufacturer's product data, except where more stringent requirements are specified. B. Prime joint surfaces where recommended by material manufacturer. Do not allow primer/sealer to spill or migrate onto adjacent surfaces. C. Install backer rod for caulking materials, except where recommended by material manufacturer to be omitted for application indicated. Place backer rod to maintain recommended sealant thickness and profile. Substitute bond breaker tape for shallow, closed joints. D. Employ installation techniques which will ensure that materials are deposited in uniform, continuous ribbons without gaps or air pockets, with complete wetting of joint bond surfaces. Where horizontal joints are between a horizontal surface and a vertical surface, fill j oint to form slight cove so that j oint will not trap moisture and debris. E. Do not allow materials to overflow onto adjacent surfaces. Prevent staining of adjacent surfaces. MCSO Administration Building 07920-6 LBFG 202036300 e Sealants and Caulking F. Remove excess and misplaced materials as work progresses. Clean the adjoining surfaces to remove misplaced materials, without damage to adjacent surfaces or finishes. G. Tool joints of non-sag sealant to concave profile and smooth, uniform surface, flush with edges of substrate. Maintain sealant depth-to-width ratio in accord with manufacturer's product data. H. Cure sealants and caulking compounds in accord with manufacturer's product data to obtain high early bond strength, internal cohesive strength and surface dura- bility. Protect uncured surfaces from contamination and physical damage. I. Concave sealant joints: 1. Prepare and clean joints as specified herein. 2. Install backer rod, if required, and a concave bead of the specified sealant. 3. Where backer rod is not required or is impractical to install, apply a strip of bond breaker tape over joints. Width of tape shall be the same size of joint to be covered, but no less than 3/8" wide. 4. Center depth of sealant bead shall be 3/8" minimum. 5. Sealant bond width at each side termination of sealant bead shall be a minimum 3/8". At head and sill extrusion end terminations this bond line shall be obtained by adhering to the exterior face of the extrusion to provide needed bond line. 6. Tool all new sealant joints to ensure bond. 7. Do not seal existing weep holes. J. Convex sealant j oint: 1. Prepare and clean joints specified herein. 2. Install a strip of bond breaker tap over joints. Width of tape shall be same size as joint to be covered, but no less than 3/8" in width. 3. Mask off adjacent surfaces not to receive sealant to provide straight, continuous sealant lines. 4. Install a convex bead of specified sealant to bridge joint over joint and centered over bond breaker tape. 5. Center depth of convex sealant bead shall be 3/8" minimum. 6. Sealant bond width at each side of joint shall be a minimum 3/8". At head and sill end terminations this bond line will be obtained by adhering to the exterior face of the window extrusion. 7. Tool all new sealants to ensure bond. 8. Do not seal weep holes. K. Preformed Silicone Seal: 1. Inspect joint location to ensure panel repairs and new panel joint sealants are in place. 2. Install masking tape at pre-marked locations to serve as guides for new silicone seal and prevent migration of silicone adhesion sealant onto adjacent surfaces. MCSO Administration Building 07920-7 LBFG 202036300 e Sealants and Caulking 3. Install 1/8"-1/4" sealant bead of manufacturer approved silicone sealant to '/4" inside of the previously installed masking tape at both sides of the joint. 4. Within ten minutes following installation of sealant beads press the silicone extrusion/seal into the sealant beads in a straight and continuous application. Do not stretch the silicone seal during installation. 5. Apply slight pressure using a roller to new silicone seal to provide consistent pressure to silicone sealant beads and ensure uniform contact. Allow silicone sealant to migrate from top end of new horizontal seal. Tool sealant migration to provide aesthetic appearance and prevent water entry behind silicone seal. 6. Remove masking tape and all tape residue. L. Fastener heads: Seal heads of exposed fasteners, providing bond over head and continued out a minimum 3/8" onto adjacent materials. 3.4 TESTING: A. Field tests: Contractor shall conduct random field testing of all new sealants to demonstrate new sealant adhesive quality. A minimum one (1)test for each 1000 LF of new sealant will be conducted and recorded by Contractor. 3.5 CAULKING SCHEDULE: A. Inside corners and control joints in EIFS walls: Low Modulus Silicone Sealant. B. New and existing EIFS joint openings at related surfaces: Low and/or Medium modulus silicone sealant. C. Exterior joints at perimeter of aluminum framed window and doors: Medium Modulus Silicone Sealant. D. EIFS wall joints and penetrations: Low and Medium Modulus Silicone Sealant. E. Flashing and Coping Joints: Medium modulus silicone sealant. F. Remedial Glazing at Windows: Medium modulus silicone sealant and Preformed Silicone Sealant strip. End of Section MCSO Administration Building 09900-1 LBFG 202036300 e Painting SECTION 09900 PAINTING PART 1 - GENERAL 1.1 SUMMARY: A. Work of this section includes: 1. Silicone Elastomeric Coating. 3. Sealants and Caulking. 4. Exterior Insulation and Finish System (EIFS) 1.2 SUBMITTALS: A. Product data: Submit manufacturer's materials and instructions for installation of new paint finishes over substrates indicated. Include detailed requirements for preparation of surfaces, application rates and methods, treatment of joints and protection requirements. Delete inapplicable requirements from product data. B. Color samples: Submit two sets of color and texture samples from manufacturer for approval by Owner. C. Fading Color Samples: Submit manufacturers color samples reflecting maximum allowable fading of no more than five color difference units per ASTM-02244 in a five (5)year period. D. Provide sample warranty(s)from installer and manufacturer describing specified performance characteristics for review and approval. 1.3 DELIVERY, STORAGE AND HANDLING: A. Delivery: 1. Deliver materials to project site ready-mixed in original containers with labels intact. 2. Provide labels bearing manufacturer's name, coating type, color and recommended installation procedures. B. Storage and handling: 1. Store materials properly in acceptable location. 2. Maintain neat, clean conditions in storage area; remove rags and waste materials at end of each day's work. 3. Close containers not in use. Leave no materials open. 1.4 JOB CONDITIONS: A. Environmental requirements: MCSO Administration Building 09900-2 LBFG 202036300 e Painting 1. Comply with manufacturer's recommendations for environmental conditions under which materials may be applied and cured. 2. Apply no materials when subject to windblown dust or rain. 3. Apply no materials on wet surfaces or where temperature of substrate would result in excessive, rapid drying causing streaks or discoloration. B. Apply coating to substrate which indicates acceptable moisture level when tested by a moisture meter. C. Perform pH testing to determine alkalinity of substrates prior to coating application; comply with manufacturer's product data. 1.5 QUALITY ASSURANCE: A. Applicable standards: Standards of the American Society for Testing and Materials (ASTM) as referenced herein. 1.6 WARRANTY: A. Manufacturer's warranty: Furnish a five-year manufacturers warranty including coverage for watertightness, color retention, peeling, blistering and other material deficiencies. B. Special warranty: The installer shall warrant the work of this section to be free from faults and defects in workmanship for a period of three years. This warranty includes watertightness. C. Warranties shall provide for prompt repair or replacement of defective materials or workmanship during the warranty period. Warranties shall include repair of hairline cracking of substrate resulting from thermal movement and nominal building shrinkage and settlement up to a maximum crack width of 1/16". Warranties shall begin at Date of Substantial Completion. PART 2 - PRODUCTS 2.1 PAINTING MATERIALS: A. Acceptable manufacturer: Except as otherwise noted, products specified as a standard of quality are manufactured by Sherwin Williams Company. Products of the alternative manufacturers similar in type and quality are acceptable for use, subject to review and approval of meeting project performance standards, including warranty coverage. B. Where products other than those of the manufacturer listed as the standard of quality are specified in Painting Schedule, such products have been selected to achieve specific results and substitutions will be allowed only in accord with Product Options and Substitutions section. C. Miscellaneous materials: MCSO Administration Building 09900-3 LBFG 202036300 e Painting 1. Paint primers and tints shall be products of same manufacturer as paints or approved by him for use with his products. 2. Shellac, turpentine, patching compounds and similar materials required for execution of work shall be pure, best quality products. 3. Acrylic patching compound/sealants as recommended by system manufacturer for specific conditions of repair. D. Paint stain colors will be selected by Owner from manufacturer's standard color range with final approval based upon Owner approved mock-up. E. Exterior Acrylic Paint System I. Primer: - Sherwin Williams Loxon® Concrete & Masonry Primer 2. 2 Coats: - Sherwin Williams SuperPaint®Exterior Latex Satin. PART 3 - EXECUTION 3.1 PRE-PAINTING CONFERENCE: A. Prior to beginning painting work, a pre-painting conference shall be held to review work to be accomplished. B. Contractor/paint applicator, Owner, Construction Consultant, representative of paint manufacturer and other trades with work related to painting work shall be present. C. Contractor shall notify applicable parties at least five days prior to time of conference. D. Contractor shall record minutes of meeting and distribute to all parties in attendance. E. Special consideration shall be given to surface preparation and compatibility of existing surface finishes with new paint finishes. 3.2 JOB MOCK-UP: A. Prepare a minimum 10 sq. ft. mock-up of new paint finish system in areas directed for review. Mock ups shall be provided in location capable of reflecting all proposed new paint finishes and installations deemed necessary by Owner. B. Mock-up will be reviewed for color, texture, uniformity, appearance and workmanship. If mock-up is not satisfactory, prepare additional mock-ups until approval is obtained. C. Approved, undamaged mock-up may remain as part of the finished work and shall serve as a standard of quality for the remainder of the work. MCSO Administration Building 09900-4 LBFG 202036300 e Painting 3.3 PREPARATION OF SURFACES: A. Coordinate new paint finishes and preparation with EIFS remediations, elastomeric coating and sealant replacements as required. B. Surfaces to receive finishes shall be dry and free of oils, dust or other loose, foreign or deleterious materials. Pressure clean all exterior surfaces to prepare for new paint coating. 1. For previously painted surfaces, remove dirt, debris and chalk by washing with detergent and water. Sand all surfaces to ensure mechanical adhesion of new finishes. Remove loose paint and blisters by scraping and sanding. Apply bond coat when required by paint manufacturer's product data. 2. Previously painted metal surfaces to remain shall be sanded/wire-brushed and cleaned of all existing paint and rust. Solvent wipe and prime as required to receive new painting finishes. 3. Treat mildewed surfaces with a solution of one quart hypochlorite bleach to a half cup of detergent to one gallon water. Rinse and allow to dry prior to painting. 4. Previously painted masonry: a. Where existing paint is loose or blistered, remove by scraping or brushing. b. Remove debris and chalking from surfaces by washing with detergent and water. Flush with clean water. Touch up with material specified for finish. C. Galvanized metals: Sand to ensure mechanical adhesion of new finishes. Wash with xylol to remove grease, oil and contaminants. Wipe dry with clean cloth. D. Aluminum: 1. Sand or scrape to remove oxides and ensure mechanical adhesion of new finishes. 2. Wash with xylol to remove grease, oil and contaminants. Wipe dry with clean cloth. E. Ferrous metals: 1. Wire-brush or sandpaper to remove rust and mill scale, as well as ensure mechanical adhesion of new finishes. 2. Solvent-clean with xylol to remove grease, oil and contaminants. Wipe dry with clean cloth. F. Ferrous and galvanized metals and aluminum to receive new finish: 1. Ferrous metals: Brush sandblast, power tool clean, or hand tool clean to remove rust and mill scale. 2. Ferrous and galvanized metals and aluminum: a. Remove dirt and dust with stiff bristle brush or compressed air. b. Solvent clean with xylol or mineral spirits to remove grease, oil and contaminants. Wipe dry with clean cloth. MCSO Administration Building 09900-5 LBFG 202036300 e Painting G. Where finish materials abut or are abutted by dissimilar materials, caulk joints in accord with Sealants and Caulking Section. H. Prior to application of new paint finish system, expansion joints, control joints and window perimeters shall be caulked as specified in Sealants and Caulking section and metal flashings shall be installed and caulked. I. Mask caulked joints to prevent application of coating to sealant, including caulked joints of reglet counterflashing system. Do not allow masking to cover substrate beyond edge of sealant. 3.4 APPLICATION: A. Material application shall take place only in dry or unthreatening weather when air and substrate temperatures is 50 degrees F or above. Cease application of paint 2 hours prior to sunset should temperatures be expected to drop below 50 degrees F. B. Prime surfaces and/or apply block filler as directed by manufacturer's product data. C. Apply new sealant protection to all existing or new EIFS reveal/rustication joints prior to new elastomeric coating. Allow new sealant to cure. Coordinate with Section 07240, 07920 Sealants and Section 07157 Silicone Elastomeric Coating. D. Apply finish topcoat in number of coats required by manufacturer to provide full coverage and hide protection coats. Achieve manufacturer's uniform finish in color and overall appearance. E. Apply coating materials in accord with manufacturer's product data. 1. Apply coating only when moisture content of surfaces is within manufacturer's recommended limits. 2. Apply materials using clean brushes, rollers or spraying equipment. 3. Comply with manufacturer's product data for drying time between coats. F. Apply coating to all scheduled surfaces on the project. G. Finish coats shall be smooth, free of brush marks, streaks, laps or pile-up of paint, skipped or missed areas. H. Make edges of coating adjoining other materials clean and sharp without overlapping. I. Remove masking from caulked joints before coating sets, leaving smooth edges and no uncoated substrate. J. Immediately following new paint finishes, clean overspray and droppings from adjacent surfaces. MCSO Administration Building 09900-6 LBFG 202036300 e Painting 3.5 PAINTING SCHEDULE A. Exterior Doors and Frames - Exterior Acrylic Paint System End of Section IAU iA tic .�. L ., m cr cr te VI 10 IA j IA 0 yig KEYST-1 OP ID: 4A CERTIFICATE OF LIABILITY INSURANCE DATE F (MM/DD/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 800-682-4195 CONTACT NAME: San Antonio-SBS PHONE 800-682-4195 FAX 210-737-3584 Marsh USA Inc. (A/C,No,EXt): (A/C,No): 9830 Colonnade Blvd,Suite 400 E-MAIL San Antonio,TX 78230 ADDRESS: Katherine Baez INSURERS AFFORDING COVERAGE NAIC# INSURERA:Gemini Insurance Co 10833 INSURED INSURERB:Nat'l Union Fire Ins. Co of PA 19445 Keystar Inc. 506 Fleming Street INSURER C Key West,FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR VGGP004620 12/01/2019 12/01/2020 DAMAGE TO RENTED 50,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER A PSG-- GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC 9 �9 "'-A 2,000,000 PRODUCTS-COMP/OP AGG $ POTHER: 6„, .�. _ $ AUTOMOBILE LIABILITY 8/12/2 0 2 0 COMBINED SINGLE LIMIT -'° —"'"" Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED WA AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 X EXCESS LAB CLAIMS-MADE EBU99116646 12/01/2019 12/01/2020 AGGREGATE $ 8,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: MCSO Administration Building Envelope Weatherproofing &Repair. Location: 5525 College Road, Key West, FL 33040. Monroe County Department of Project Management and insured on thegeneral County ppBoarydpof Couunty uired Commissioners are aditonawritten cont act(REVISED CANCELS&IREPLAyCES(PREVIOUSLY ISSUED CERTIFICATE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y y ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Road 2-216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE Kelm ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Rf> CERTIFICATE OF LIABILITY INSURANCE DATE 08/112020®Im ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _..-.. CONTACT MARSH USA INC. NAMIr_ 540 W,MADISON MIIP,No,.Extk hvC,,No); CHICAGO,IL 60661 E-oMDILss Attn:Chicago CertRequest@marsh com FAX 212-948-0770 - - ___- INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Indemnity&Liability Company 38316 INSURED INSURER B:N/A __. ... N/A -. SPOTTSWOOD COMPANIES INC - C/O KENNETH DOOLEY INSURER C: 513 WHITEHEAD STREET KEY WEST,FL 33040 INSURER D: _ INSURER E; INSURER F: ----_ ......... ...___ ......... _. COVERAGES CERTIFICATE NUMBER: CHI-009546484-04 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 11 1AODL� UBR� ____ POLICY yYY POLICY LTR TYPE OF INSURANCE ` POLICY NUMBER #NMI DRJY MMIDRIYYYY LIMITS COMMERCIAL GENERAL LIABILITY - S _# T ( EACH OCCURRENCE $ MPM DAMnCF`ldS REnSTD CLAIMS-MADE ) #OCCUR `( _ DAMA SETO R NTF-1 en ) $ jP MED EXP(Any one person) $ 8/12/2 2 ;PERSONAL&ADV INJURY $ GEN L AGGREGATE LIMIT APPLIES PER: ' GENERALAGGREGATE, j$ $I IL .RO. _ , POLICY LOC � • A� _ J PRODUCTS-COMP/OPAGG OTHER: $ A AUTOMOBILE LIABILITY 1000198603191 12/01/2019 12/01/2020 COMINNE0SINGt.ELIMIT $ 1,006,000 I [ dccEdansL X ;ANY AUTO ( BODILY INJURY(Per person) $ OWNED jAUTOS SCHEDULED 1 AUTOS ONLY ! i BODILY INJURY(Per accident) $ HIRED i - j NON-OWNED C - PROPERTY DAMAGE -- AUTOS ONLY AUTOS ONLY Per accident) COMP/COLL DED $ 1,000' t UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS MADE I ;AGGREGATE $ DED RETENTION A WORKERS COMPENSATION ° 1000003972 Tn/ 1/U1 112/51/2620 X 1 PER OTH € 'AND EMPLOYERS'LIABILITY YIN _ 1 STATUTE s .F� ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A( - -- (Mandatory in NH) E L DISEASE-EA EMPLOYEEI$ 1,000,000 If yes,describe under "" -- -- DESCRIPTION OF OPERATIONS below _ ( ( 1,OOa,000 E.L DISEASE-POLICY LIMIT $ j DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is included as additional insured with respect to Auto Liability only when required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Whitehead Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhedee _l►RaLuao�..� @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Copy at 2019 Renewal Exposures Updated Driver I ntormati on(2.10 20)xlsx 2019 Named Insured Lift 85-0066227 FL-1_7,TRn i u s,Inc. I'm" —6 . ......Named Insured Lor, 66-0 1 a49 Z4 ve upyi,of Coconut Seach pw;w 'a- —----...... Won—ag Cociamn 5-013491� of Coconut Straviri Rexuri 4 Coconut Rwach Resort Owners JIVIs�into on,irm 65-0102131 lm.wrl As sn. !Say vkira!i�cnnun Coaru(rarxy 65 Oa59734 ROM Eut'er atir SpoftwoodCampan,es Pruporovu 65-0066227 GeneralManager "star,Inc 7 SH 3,Ltd. 65-0957749 Operates Faro Blanco Resort 0 SH 5,Inc. 81-0524350 Partnershi p in SH 5 Ltd 9 it-li,Ltd 15-3123690 Ownership of Beachsi do Resort 10 5'4 Marathon,Inc: WA Ownu r9hoo in Hol-day u im Marathon 99 SH Marathon,Ltd. 65-0931910 Operate.Holiday inn Maratha" 2 SK 11.Inc. 5.0766149 1—OODJOwnsa—Spottswood Companies 113 SK Land Company ----—--- 59-2828936 100%Owned Spottswood Companies i�5.0if- — 4 6 622? Development Entity of Spottwood Companies 15 Spottswood Management,Inc. ...... ....... Hospitality and Property Management Co. Partnom it.,Ltd. 05-080674.8 100%Owned Spottswood Family Entity Slaniftsw ood:Partners Inc. 1335.0831001 100%Owned Spottswood Family Entity Wpottrswazd Pottnum,Ltd, $5.0805000 100%Owned Spottswood Famly Entity 19 Rvachrab Kay West Resort Cnnidufritaurn Assonialriari WA Cando Astocimran 7'6 Sax Corruxrarrc al,,RtrqJtyjLC 26-3005480 Cummami Ed Real Estate Operations ..................... 21 SH 3,Inc NIA Vero Blanco Resort 22 Spottswood Realty,Inc Realty 29 Banyan Grove Development Inc. Larid Developer 24 Banyan Grove Residences Ltd. Land Developer 25 Banyan Grove Reudences GP,LLC Land Developer 25 SMI Air.LLC Comp on V for Arrpl one 27 SH Beachside LCC Owner by Spottswood Hotels 28 John M Spottswood jr Gstixner in Enintion na%ty Trust Dyttaztry Truist 30 John M Spottswood Jr Dynasty Trust R"ho"&Clunfl,5-Dy—rm%ry Trust' I Robert A Spottswood Owner in Entities 32!A!AS Btrna.ml Yru.sit Rubatt'u Dy"awy Tru,st 33 Robert Aand Elena Spottswood Dynasty Trust Jack&Terri a Dynasty Trust ............. 34 Wiliiarn 13 Spottswood Owner in Entities Bill's Dynasty Trust ........... 36 Willi am B Spottswood Dynastlr Trust Bill&Andreis's Dynasty Trust 37 SVR 529,LLC Owner of 529 Caroline St. —--------- LB SH Marinas 6000,LLC Owner of 6000 Peninsular Ave.- ................. 30 Ski Marinas Manager,LLC Managinfg Entity 6000 Peninsular Ave 40 SH Marinas Finance.LLC the property at 61300 Pe"iffin%ular Blvd 41 Spottswood Capital,66C —--------..... Future C. .......... —----- Future Capitol�EntpiZy !Is"marinas 6000 Murriber,LLC Future Page 1 of 1 Doc N 2277536 111100 3037 Pg#2271 Recorded S/17/2020 12:45 PM page I of 10 NIE:LSON, HOOVER & COMPANY, INC. PUBLIC WORKS Bot Filed and Recorded in Official Records of IN COMPLIANCE WITH FLORIDA STATL MONROE COUNTY ]KEG MADOK'CPA BOND No. 6091005825 z Lu CONTRACTOR KEYSTAR,INC. LL u- ADDRESS 506 FLEMING STREET,KEY WEsT,FL 33040 LU < PHONE No. (305)360-0802 SURETY COMPANY UNITED STATES FIRE INSURANCE COMPANY 0 ADDRESS 305 MADISON AVENUE,MORRISTOWN,NEW JERSEY 07960 0 Ln PHONE No. (973)490-6600 D LO OWNER NAME Monroe County Board of County Commissioners z ADDRESS 500 WHITEHEAD STREET,KEY WEST,FL 33040 0 U PHONE No. (305)872-1678 0 CONTRACT/PROJEcr No. N/A 0 0 PROJECT NAME MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING Ln_3 w ENVELOPE REPAIRS z ui PROJECT LOCATION KEY WEST,FL U w u- u- w LEGAL DESCRIPTION VARIOUS >i AND STREET ADDRESS 0 Z DESCRIPTION CONSTRUCTION 0 Front Page uAll other bond page(s)are deemed subsequent to this page regardless z of any page number(s)that may be preprinted thereon. 8000 Governors Square Boulevard Suite 101 Miami Lakes,FL 33016 P:305.722.2663 F:305.558.9650 www.n,elsonbonds.com Bond No. 6091005825 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY, (Alam e,legal staters and address) (Name,legal staters and principal place of business) Keystar, Inc. United States Fire Insurance Company 506 Fleming Street 305 Madison Avenue This document has important legal Morristown NJ 07962 consequences.Consultation with Key West FL 33040 Mailing Address for Notices an attorney Is encouraged with respect to its completion or (Same as Above) modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable, 500 Whitehead Street Key West FL 33040 CONSTRUCTION CONTRACT Date: July 31, 2020 Arnount:S 304,954.00 Three Hundred Four Thousand Nine Hundred Fifty Four Dollars and 00/100 Description: (Name and location) Monroe County Sheriff's Office Administration Building Envelope Repairs BOND Date: August 13, 2020 (Not earlier than Constnrciion Contract Date) Amount:s 304,954.00 Three Hundred Four Thousand Nine Hundred Fifty Four Dollars and 00/100 Modifications to toss Bond: E] None F-] See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) KeySt2r, Inc. United St,8_r� iFire Insurance Company N,,,, C,k)O-C(e.& c Name 6nes,,V Nielson andTitlei �r e,S-,A and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Pciformance Bond.) (FOR 1jVF01ZjVL4TI0,V0,VL1'—Name,address and telephone) `AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Archifect,Engineer or other party.) 8000 Governors Square Blvd. #101 N/A Miami Lakes FL 33016 305-722-2663 S-1 8521AS 8110 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owncr declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to•a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §6.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If die Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-18521AS 8110 §7 lithe Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 -liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Os%mcr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to die Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material tern of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8110 ' r §18 Modifications to this bond are as Collows: I (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-18521AS 8110 Bond No. 6091005825 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Paymen,t Bond CONTRACTOR: SURETY: 0j'ame,legal status and address) (Name,legal status and principal place of business) Keystar, Inc. United States Fire Insurance Company 305 Madison Avenue This document has important legal 506 Fleming Street Morristown NJ 07962 consequences.Consultation with Key West FL 331340 Mailing Address for Notices an attorney Is encouraged with respect to its completion or (Same as Above) modj5caV6n. OWNER: Any singular reference to �Vame,legal status and address) Contractor,Surety.Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable, 500 Whitehead Street Key West FL 33040 CONSTRUCTION CONTRACT Date: July 31, 2020 Amount:S 304,954.00 Three Hundred Four Thousand Nine Hundred Fifty Four Dollars and 00/100 Description: (Name and location) Monroe County Sheriff's Office Administration Building Envelope Repairs BOND Date: August 13, 2020 (Not earlier than Construction Contract Date) AmounU 5304,954.00 Three Hundred Four Thousand Nine Hundred Fifty Four Dollars and 00/100 Modifications to this Bond: 0 None Sue Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Colporate seal) Company: (Corporate Seal) Keystar, Inc. United Sta 'Pire'risuran7oT 7- ny j I Signature: Name C VVAj�,&s 5 Name Chi es J. ieison and Title; and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORYL4 TIONONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or otherparry.) 8000 Governors Square Blvd, #101 N/A Miami LakesFL 33016 305-722-2663 S-21491AS 8110 §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executor;,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a,NTiticn notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,famished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)clays ufter receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §A The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-21491AS 8t10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Band,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been firmisbcd to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be.deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuanfto which labor,materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the Iabor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim, §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149JAS 8110 §16.4 Owner Default.Faitureof the Owrier,~which has not been remedied or waived,to pay the Contractor as requ4cd under the Constnict!on Contract or to perfort-n and complete or comply with the other material terns of the Construction Contract. §16.5 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the temi Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond tire as foilmvs: Thc provisions and limitations of Section 255.05 Florida Statutes, im:ludinu but not limited to the notice and tine limitations in SL�cukm, 255,05(2) and 255.05(10), are incorporated in this bond law reterence. (Space is provided below for°additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-21 49/AS 8110 POWER OF AT+TORiEY. ` UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 00927402020 KNOW ALL MEN BY THESE.PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws ofthe state of Delaware, has made,constituted and appointed,and does hereby make,constitute and appoint: lan A. Nipper,Dnvirl Russell Hoover,Joseph Penichet Nielson, Charles Dnvirl Nielson, Charles Jackson Nielson,Shown Alan Burton,Jarrett hferluccl each, its true and lawful Attomey(s}l n-Fact, with hull power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course ofsurety business may require,and to bind United States Fire Insurance Company thereby as&illy and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars(S7,500,000). This Power ofAttomey limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power ofAttomey revokes all previous Powers ofAttomey issued on behalfofthe Attomevs-In-Fact named above and expires on January 31,2021. This Power ofAttomey is granted pursuant to Article iV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III tliereo( which Articles provide,in pertinent part: Article IV, Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman ofthe Board,President,any Vice-President, any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf ofthe Corporation: (a) to execute, affix the corporate seal manually or by bcsimile to, acknowledge, verily and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including,without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers ofattomey or revocations ofany powers of attorney,stipulations,policies ofinsurance,deeds,leases, mortgages,releases,satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all ofthe purposes mentioned in the preceding paragraph (a), including affixing the seal ofthe Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers'of attorney or revocations of any powers ofattomey and policies ofinsurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. in addition, ifand as authorized by the Board of Directors, dividend warrants or checks,or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, ofsuch officer or officers oftlte Corporation as from time to time may be authorized to sign such instruments on behalfofthe Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers ofthc Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. iN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22"'day of August 2019. UNITED STATES FIRE INSURANCE COMPANY M ' Anthony R.Slimowicx, Executive Vice President State of Pennsylvania } County of Philadelphia } On this 22nd day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrtunent and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania—NotarySeal r`�af'11A. ir Tamara Watkins,Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22,2023 Commission number 1348843 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, Ihavehereuntoset myhandand affixed the corporate seal of United States Fire Insurance Company on the13 day of Aug.2(20 UNITED STATEES FIRE INSURANCECOMPANY 1 Al Wright,Senior Vice President