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Item C24
C.24 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: C.24 Agenda Item Summary #9698 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 n/a AGENDA ITEM WORDING: Waiver of Purchasing Policy and Approval/Ratification of an Emergency Agreement with Sea Tech of the Florida Keys, Inc. in the amount of$288,815.00 for the demolition of the Jefferson B. Browne Building Parapet. ITEM BACKGROUND: The parapet wall on top of the Jefferson B. Browne Building has had extensive spalling for many years and has been slated for demolition pending a funding source. The Surfside Condominium building collapse in Miami in June has prompted the County to prioritize ensuring its buildings are structurally safe. The extensive spalling of the parapet wall poses a safety hazard to building occupants and the public necessitating its emergency removal. Project Management and Facilities staff contacted and met with local contractors and received three (3) quotes for the emergency demolition. Sea Tech of the Florida Keys, Inc. was the lowest bidder and an Agreement was signed with them. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval/Ratification of Agreement DOCUMENTATION: Contract SeaTech JB Parapet Mayor Signed Memo Emergency Waiver—Demo of Parapet at JBB_from legal FINANCIAL IMPACT: Effective Date: 8/10/21 Packet Pg.911 C.24 Expiration Date: 90 days after demo permit recieved Total Dollar Value of Contract: $288,815.00 Total Cost to County: $288,815.00 Current Year Portion: $100,000.00 Budgeted: Source of Funds: Fund 304 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: no County Match: n/a Insurance Required: Yes Additional Details: 08/10/21 NEW COST CENTER ADDED $288,815.00 REVIEWED BY: Cary Knight Completed 08/31/2021 3:53 PM Kevin Wilson Skipped 08/31/2021 3:51 PM Joseph DiNovo Completed 08/31/2021 4:11 PM Purchasing Completed 08/31/2021 4:22 PM Budget and Finance Completed 08/31/2021 4:34 PM Maria Slavik Completed 08/31/2021 5:57 PM Liz Yongue Completed 08/31/2021 6:47 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg.912 C.24.a Agreement CL Between Owner and Contractor 0 Where the basis of payment is a STIPULATED SUM e Q AGREEMENT Made as of the 10th day of August 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 0 And the Contractor: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, Florida 33043 LU For the following Project: EMERGENCY DEMOLITION OF THE PARAPET WALL AT THE JEFFERSON B. BROWNE BUILDING 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. The Scope of Work shall include the demolition of the northwest parapet wall of the Jefferson B. Browne Courthouse Building down to one (1) foot height and construct a grout top cap per CPH, Inc. drawings dated 2/26/16 herein attached as Exhibit A. i ARTICLE 1 The Contract Documents i 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 c integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, Page 1 of 173 Packet Pg.913 C.24.a 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 c 0 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 0 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 Ninety (90) 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 2 0 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 CL by an event beyond such Party's control, without such Party's fault or negligence and that by its i 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 i 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 Page 2 of 173 Packet Pg.914 C.24.a 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 CL 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. ARTICLE 4 Contract Sum Q 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Eighty-Eight Thousand Eight Hundred Fifteen and 00/100 Dollars ($288,815.00), 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: N/A 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. o 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: W 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, - Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally i accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by i 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. E Page 3 of 173 Packet Pg.915 C.24.a 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 c total Contract Sum allocated to that portion of the Work in the Schedule of Values, less M retainage of five percent(5%). 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 e 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 0 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 LU 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of five percent (5%) will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. ARTICLE 6 Final Payment 2 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 and the work has been accepted by the Owner 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 i payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment U,i (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 Page 4 of 173 Packet Pg.916 C.24.a 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: CL A. Project Record Documents (As Built Documents). c 0 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). 0 H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the City of Key West and/or Monroe County Building Department (as applicable by local building codes). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 0 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 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 i 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. a i 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 bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply 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 Page 5 of 173 Packet Pg.917 C.24.a or perform work as a 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 CL thirty-six (36) months from the date of being placed on the convicted vendor list. 0 7.6 The following items are included in this contract: r_ a) Maintenance of Records. The 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 §200.333, 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 seven (7) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to the 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 0 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 LU 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 (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the 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 the 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 the Owner or the County Clerk. The Owner or County Clerk may also CL conduct verifications such as, but not limited to, counting employees at the job site, i 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 a confirmations with employees, Subcontractors, suppliers, and contractors' U,i 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 the Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were 0) wrongfully retained by the Contractor, the Contractor shall repay the monies together Page 6 of 173 Packet Pg.918 C.24.a with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the 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 c governed by and construed in accordance with the laws of the State of Florida M 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 the 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; 0 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 the 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 the Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate _ proceedings. 2 c e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the 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 i 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. a i g) Claims for Federal or State Aid. The Contractor and the 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 affect the Project will be provided to each party. Page 7 of 173 Packet Pg.919 C.24.a h) Adjudication of Disputes or Disagreements. The COUNTY and the 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 CL 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 c law. This Agreement is not subject to arbitration. This provision does not negate or M waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the 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. The COUNTY and the 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 0 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 LU 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 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 i 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 II, which prohibits discrimination on the basis of race, a color, sex, religion, national origin, ancestry, sexual orientation, gender identity or i 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. The COUNTY and the Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in Page 8 of 173 Packet Pg.920 C.24.a 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. CL 1) Code of Ethics. The COUNTY agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public c officers and employees as delineated in Section 112.313, Florida Statutes, regarding, M but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or e contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and the 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 0 fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. The 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 LU 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. o) Public Records Compliance. The 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 the 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 the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract CL upon violation of this provision by the Contractor. Failure of the Contractor to abide by i the terms of this provision shall be deemed a material breach of this contract and the 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 a costs associated with that proceeding. This provision shall survive any termination or U,i 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. Page 9 of 173 Packet Pg.921 C.24.a Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: CL (1) Keep and maintain public records that would be required by the COUNTY to perform the service. 0 (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 e copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 0 (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 0 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 E requirements. If the Contractor keeps and maintains public records upon LU completion of the contract, the Contractor shall meet all applicable c 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 inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the 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. i 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 CL right to unilaterally cancel this contract upon violation of this provision by the i 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. i 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 E THE APPLICATION OF CHAPTER 119, FLORIDA Page 10 of 173 Packet Pg.922 C.24.a 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 0 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 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 LU territorial limits of the COUNTY. 0 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 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 i 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. i t) Attestations. The Contractor agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, c and a Drug-Free Workplace Statement. Page 11 of 173 Packet Pg.923 C.24.a 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. c 0 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. c w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the 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 0 connection with, (A) any activity of the 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 the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the 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 the 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. 0 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 i 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 extent of liability is in no way limited to, reduced, or lessened by the insurance U,i 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. Page 12 of 173 Packet Pg.924 C.24.a 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 CL 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 c federal and state laws and regulations apply to this Agreement. The COUNTY and its M 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 0 insured. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. LU 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 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) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of CL Homeland Security's E-Verify system to verify the work authorization status of all new i employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be a subject to the provisions of Fla. Stat. Sec. 448.095. U,i dd) 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, Page 13 of 173 Packet Pg.925 C.24.a approved by the Board of County Commissioners, and signed by both parties before it becomes effective. CL 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 c 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 is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: 0 For Contractor: Sea Tech of the Florida Keys, Inc. Attn: Robin Szmansky, President 131 Palomino Horse Trail Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. 0 Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 0 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 i 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, the COUNTY shall pay the Contractor the sum due the Contractor under this Agreement prior to termination, unless i 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. The maximum amount due to Contractor shall not in any event exceed the c 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 Page 14 of 173 Packet Pg.926 C.24.a 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 the Contractor. If the COUNTY terminates this Agreement with the Contractor, the COUNTY shall a the c 9 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 the Contractor shall not 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. 8.6 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 i Enumeration of Contract Documents CL 9.1 The Contract Documents, except for Modifications issued after execution of this i Agreement, are enumerated as follows: a) Drawings dated 2/26/2016 by CPH, Inc. included in contract as Exhibit A. i 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. Page 15 of 173 Packet Pg.927 C.24.a 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A CL 9.1.4 The Addenda, if any, are as follows: N/A 0 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. 0 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 0 0 0 0 i i i 0 Page 16 of 173 Packet Pg.928 C.24.a Execution by the Contractor must be by a person with authority to bind the entity. CL SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. 0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Ma ok, Clerk OF MON.ROE-C: UN , FLORIDA c By:—- By: As Deputy Clem Mayer/Chairman Date r c:-)NR E COtoN`r-Y^rlrOANEYS CWFPCE A,PPROVED AS TtD FC-)FIKA AaiaSTANT GaUNTY ArTORNEY DATE: 8-04-2 2 t CONTRACTOR'S itne ses Attest: CONTRACTOR: SEA TECH OF THE Contractor must provide two witnesses FLORIDA A KEY � INC .. signatures ,r Signature: Signature: ,'f PeintName: Robin2rliClSY ., E Print Name: Becky L Deutsch Title: President Date: 8/4/2021 Date: 8/4/2021c and r cB Signature Print Name: Thomas Deutsch Date: 8/4/2021 _ STATE OF Florida COUNTY OF Monroe CL On this day o tg i t 2 , before me, the undersigned notary public, ca by means of[Vphysical presence or El online, personally appeared i known to me to be the person whose na¢ne is subscribed above or who producedi , as identification. r � a Notary Public ' r cky L.Deutsch NOTARY PUBLIC Print Nam e STATE OF FLORIDA 0 - Comm#GG962754 My commission expires: � - (Seal) *tls Ex Tres 2t2WO24 Page 17 of 173 Packet Pg.929 BGS A PB4uO3 A3u86J8w3 10 01W31J} ) POUBiS joA —}a a w a —43ei :4u9ua o }} , volaO�d'ise Ann s" N `3 oao'> 03 NOIII�OHK 1VMJVd lVf A1Nf10O 308NOW z CO U —W A:�031V1S RQP ddV 5 w r :aq ""e1Q NOlillOW30 lVlidVd J00d y 3 gyp;bo. r Agp.,esao - ; s o i ZQ Q i a ~ LLI 0000 K i i Y woo w�o I x�o � xdwo 1 o i i n 1 11 1 �1 o w rn y 1 1 O L H UMCAMMAhm .1 U W ',. U) N y Q w w o ww 1 1 1 1 1 1 CO O" lljlll�l IC! LU Z O U Ho U o W aJm Eo- -- -- -- -- I 1; O Z o U Q _ � Z 8 w o z �a _o w_ O LU W 0 J Fzr w F w ho m _ w Q ;wom w'a rc oap' rw- NaH a a opp o ooN mz ao w� o ra ,a_,zmo o3a �3mrc8 a =wow �o FYo aQor�z as xxo3H mrim� W m' doxw o0 O �mzzz w�o r3 &�oaa r owJo �p W -. � 6F>ow �a o rc3 oJ�G prc 3orc FzpWa�o wa Wzw �o z O -_ o�LL LL3 a �oaVz rc3a VVV w �xzw zy '.wr z"i z o xr rc F wroxow rco �m oxdz� o wz zx w O o,.dw� � rn 5g wgozd .� p �H 0 � o x.a000� wzo aoaw .x aaz�zow ow 0 C.24.a GENERAL REQUIREMENTS Where Project Management is Not a Constructor 0 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 0 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 01520 Construction Aids 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 i i 0 Page 19 of 173 Packet Pg.931 SECTION 0120 CL NON-COLLUSIONAFFIDAVIT I, Robinn y of the city Big Piney according o law on my oath, and under penalty of perjury, depose and say that: 0 1. I am President f the firm of the proposer making the Proposal for the project descri ed in the notice for calling for proposals for: and that I executed the said proposal with full authority to do so; . 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 Lu to any competitor; and 4- 0 4. o 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 o restricting competition", and . The statements contained in this affidavit are true and correct, and madeit full Jknl gef roject. 8/4/2021 (signature of ser) ([date) T T : FloridaCOUNTY OF: Monroe0. CL Subscribed and sworn to (or affrrned) before me, by means of Wphysical presence or 0 online notarization, on /4/ 0 (date) by__RDbin 7 I c,k (name of afl"iant). Fie/She is personally � known to me or has produced Kyl ( e of identification) as i identifica Becky L.DeutschW . NOTARY PUBLIC -+STATE OF FLORIDA Comm OO 27 NOTARYPIJE Expires 2 04 ( EL) y r�rr�ission e ices: Page 20 of 173 Packet Pg.932 C.24.a LOBBYING FLIT OF INTEREST CLAUSE CL SWORN STATEMENT UNDER ORDINANCE . 010-1990w COUNTY,MONROE FLORIDA 0 ETHICS CLAUSE FloridaSea Tech of the Inc (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". LU _ 0 (Signature) ®ate: 8/4/2021 STATE OF: Florida - I- COUNTY OF: Mmirop Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on / / 1 (date) by Robin Smansky (name of a iant). He/She is personally i known to me or has produced iy rw#. (type of identification) as identification. Be&y L.Deutsch NOTARY PUBLIC STATE OF FLORIDA NOTA Y PUbLIC CJ Comm#GG 2754 E fires 2/26/2024 y commission expires: Page 21 of 17 Packet Pg.933 C.24.a DRUG-FREE The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: Sea Tech of the on � (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, . Gives each employee engaged in providing the commodities or contractual services that are under .` proposal a copy of the statement specified in subsection (1). . In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. Lu 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted, 5. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of � this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ° m 44A U) Pr p ser's Signature 0 — - i Date Florida STATE F: CL COUNTYF: Monroei Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization: on aL 2 1 (date) by in SzmanskV (name of affiant). i He/She is personally known to me or has produced Vnu, WtIA (type of identification) as identification. t y y L.Deutsch NOTARY PUBLIC STATE F FLORIDA NOTA Y PUBLIC �L � � (SEALS Comm 27 y mmission expires: Page 22 of 173 Packet Pg.934 C.24.a LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 02 -2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of DidderfResponder Sea Tech of the Florida keys Inc. Date. S/ /2021 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 forbids or proposals? 'des (Please furnish copy.) 2. Does the vendor have a physical business address located ithin Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes U (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.) a List Address: 131 Palomino Horse Trail, Big Pine Key, FL 33043 Telephone Number: 305-87 -0S8S 2 B. Does the vendor/prime contractor intend to subcontract 50% or More of the goods, services or 0 construction to local businesses meeting the criteria above as to licensing and location? n/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 regUest for bid or proposal. 0 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 Ad s president Print Name: Robin Szlans Signature an Titl of Authorized Signatory for Bidder/Responder i STATE OF. Florida COUNTY OF. Monroe CL Subscribed and sworn to(or affirmed) before me, by means of Vphysical presence or®online =1 notarization, on August 4, 2021 (date) by Robin Szrnansk (name of affiant), He/She is personally known to me or has produced ktvr uy (type of identification) as identification. a� Y yL.Deutsch .. NOTARY PUBLIC o U n STATE FLORIDA NOTARY PUBLI �� C rn OO 27 EA {sires y commission expires: Page 23 of 173 Packet Pg.935 C.24.a 0 LICENTITY I T CL "A person or affiliate who has been placed on the convicted vendor list following a conviction for o 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 0 public building or public work, may not submit bids on leases of real property to public entity, may e not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under 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 period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Sea Tech of the Florida Keys Inc. (Pro poser's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 0 (Signatur ) Date: August 4, 2021 0) LU 4- 0 0 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of &p ysical presence or ❑ online 2 notarization, on 8/4/2021 (date) by Robin Szmansky (name of iant). He/She is personally known to me or has produced 0 L .7 (type of identification) as CL identification. 2� .s r " NOTARY PUBL .. � / i y11L.Deutsch My commission expires: RY PUBLIC Tiv , STATE OF FLORIDA Comm#GG962754 Expires 2126/2024 m Page 24 of 173 Packet Pg.936 C.24.a VENDOR CERTIFICATION ING SCRUTINIZED COMPANIESLISTS CL Project Description(s): Parapet Demolition at Jefferson Browne Builqtq 0 Respondent Vendor acne: Sea Tech of the Florida Keys Inc. Vendor IN: 65-0126213 Vendor's Authorized Representative Name and Title: Robin Szmansky, President � Address: 131 Palomino HorseTrail City: Big Pine Key State: Florida Zip: 33043 Phone plumber 305-8720888 Email Address: robins seat rh,cc � Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a 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 Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also 0 prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or 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 to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sin on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed can 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 terminated, at the option of the County, if the company is found to have submitted 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. CL Certified y: in Szansy who is authorized to sign on behalf of the v . en ._company.V1 i _.... Authorized Signature: Print Blame: Robin Szmans i Title: President Note-, The List are available at the following Department of Management Services Site: �,a 1{.� ( f fit � �.E � �........... . ..,w..�a,,.�.,. �..,...�.�, a a. �.... E U Page 25 of 173 Packet Pg.937 C.24.a SECTION 00130 u INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES 0 General Insurance Requirements for Construction Contractors and Subcontractors c 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 e® 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 a 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 W 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: i 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 i 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. 0 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. Page 26 of 173 Packet Pg.938 C.24.a 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. CL The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving c 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. 0 0 0 2 0 CL i i 0 Page 27 of 173 Packet Pg.939 C.24.a WORKERS' COMPENSATION u INSURANCE REQUIREMENTS FOR EMERGENCY DEMOLITION OF THE PARAPET WALL AT THE JEFFERSON B. BROWNE BUILDING BETWEEN o MONROE COUNTY, FLORIDA AND SEA TECH OF THE FLORIDA KEYS, INC. 0 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 0 $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. i i i 0 Page 28 of 173 Packet Pg.940 C.24.a GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EMERGENCY DEMOLITION OF THE PARAPET WALL AT THE JEFFERSON B. BROWNE BUILDING BETWEEN 0 BETWEEN MONROE COUNTY, FLORIDA AND 0 SEA TECH OF THE FLORIDA KEYS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: 0 • Premises Operations • Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: 0 $ 1,000,000 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. i i 0 Page 29 of 173 Packet Pg.941 C.24.a VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR EMERGENCY DEMOLITION OF THE PARAPET WALL AT THE JEFFERSON B. BROWNE BUILDING BETWEEN 0 BETWEEN MONROE COUNTY, FLORIDA AND 0 SEA TECH OF THE FLORIDA KEYS, INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 2 0 i i i 0 Page 30 of 173 Packet Pg.942 C.24.a CONTRACTOR'S INSURANCE AND INDEMNIFICATION STATEMENT CL INSURANCE REQUIREMENTS 0 Worker's Compensation Statutory Limits ca 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 $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 0 Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person 0 $1,000,000 per Occurrence $100,000 Property Damage 0 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. 2 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 i 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 0 Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's U) 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., 0 Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or 0 Page 31 of 173 Packet Pg.943 C.24.a 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 CL Agreement. In the event that the completion of the project (to include the work of others) is delayed or S 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 0 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. CONTRACTOR'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. E 0 SEA TECH OF THE FLORIDA KEYS, INC. VIA Signature, Robin Szmansky _ Print Name 0 i i i 0 Page 32 of 17 Packet Pg.944 C.24.a General Conditions of the Contract for Construction Where Project Management is Not a Constructor 0 e CD 0 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 LU 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 0 CL i i 0 Page 33 of 173 Packet Pg.945 C.24.a SECTION 00750 GENERAL CONDITIONS OF THE CONTRACT CL 1.0 GENERAL PROVISIONS 0 1.1 Basic Definitions 0 e 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 i 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 i consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 0 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 34 of 173 Packet Pg.946 C.24.a 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has CL 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 o Documents. M r_ 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 0 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 LU Work. 0 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 CL to use and reproduce applicable portions of the Drawings, Specifications and other i 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 a documents prepared by the Architect. Submittal or distribution to meet official regulatory U,i 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. 0 U 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 0) the Project Manual free of charge for the execution of the Work. Additional copies may be GENERAL CONDITIONS 00750- Page 35 of 173 Packet Pg.947 C.24.a 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). CL 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically 0 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 e 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 0 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. LU 2.2 Information and Services Required of the Owner 0 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 CL two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and i 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 U,i Management and may contemporaneously provide the same communications to the Architect. 0 U 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 0) Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). GENERAL CONDITIONS 00750- Page 36 of 173 Packet Pg.948 C.24.a 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 o Work in accordance with the Contract Documents, the Owner, by written order signed M 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 0 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 LU 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. 2 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 CL Contractor or the Contractor's authorized representative. i 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 a identical or substantially similar to these Conditions. U,i 3.2 Review of Contract Documents and Field Conditions by Contractor 0 U 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 0) once report to Project Management and Architect errors, inconsistencies or omissions GENERAL CONDITIONS 00750- Page 37 of 173 Packet Pg.949 C.24.a 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 CL 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 o 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 0 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. 0 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 CL most recent and updated available, including all Addenda information. Also the Contractor i will perform the work strictly in accordance with this contract. 3.4 Labor and Materials a i 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 38 of 173 Packet Pg.950 C.24.a 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, o 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 0 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 LU 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 CL negotiations concluded, whether or not yet effective or merely scheduled to go into effect. i 3.7 Permits, Fees and Notices 3.7.1 Not Used i 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 39 of 173 Packet Pg.951 C.24.a 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 CL appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, 0 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 0 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. CL 3.10.3 The Contractor shall conform to the most recent schedules. i 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 a parties can discuss jointly such matters as progress, scheduling, and problems. U,i 3.11 Documents and Samples at the Site 0 U 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 0) and marked currently to record changes and selections made during construction, and in GENERAL CONDITIONS 00750- Page 40 of 173 Packet Pg.952 C.24.a 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. CL 3.12 Shop Drawings, Product Data and Samples 0 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 e 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 0 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 LU 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. i 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, CL and has checked and coordinated the information contained within such submittals with i 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 a the Contract Documents by Project Management approval of Shop Drawings, Product U,i 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. W GENERAL CONDITIONS 00750- Page 41 of 173 Packet Pg.953 C.24.a 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. CL 3.12.10 Informational submittals upon which Project Management are not expected to take o 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, 0 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. LU 4- 0 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 CL of Project Management shall also be required. The Contractor shall not unreasonably i 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 U,i 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 42 of 173 Packet Pg.954 C.24.a 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of CL 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 o 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 0 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 LU 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 CL or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission i 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, a proceedings, costs or expenses arise from the intentional or sole negligent acts or U,i 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 0) expiration of the term of this Agreement or any earlier termination of this Agreement. GENERAL CONDITIONS 00750- Page 43 of 173 Packet Pg.955 C.24.a 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 CL 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 c any deficiency or ambiguity in the plans and specifications provided by the Contractor, the M 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 e 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 0 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 LU 4- 0 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 CL i 4.6 Administration of the Contract 4.6.1 Project Management and Engineer will provide administration of the Contract as described a in the Contract Documents, and will be the Owner's representatives (1) during U,i 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 0) Contract. GENERAL CONDITIONS 00750- Page 44 of 173 Packet Pg.956 C.24.a 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 CL Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. o 0 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 0 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 LU endeavor to guard the Owner against defects and deficiencies in the work. 0 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 CL by and with the Architect's consultants shall be through the Architect. Communications by i 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. a i 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 45 of 173 Packet Pg.957 C.24.a 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the CL 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 0 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 0 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 LU 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 CL which remain the responsibility of the Contractor as required by the Contract Documents. i 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 a Project Management, of any construction means, methods, techniques, sequences or U,i procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 0 U 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. GENERAL CONDITIONS 00750- Page 46 of 173 Packet Pg.958 C.24.a 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 o 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 0 Project Application for Payment upon compliance with the requirements of the Contract Documents. 0 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 0 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. LU 4- 0 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 CL time or other relief with respect to the terms of the Contract. The term "Claim" also i 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. a i 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 47 of 173 Packet Pg.959 C.24.a 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 o not be considered unless submitted in writing to the Owner's representative in a timely M 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 0 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. 0 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 i 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 a other party promptly before conditions are disturbed and in no event later than ten (10) U,i 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. 0 U 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 48 of 173 Packet Pg.960 C.24.a 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. CL 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in o the Contract Sum, written notice as provided herein shall be given before proceeding to M 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 LU 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 CL 5.1 Definitions i 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 a throughout the Contract Documents as if singular in number and means a Subcontractor U,i or an authorized representative of the Subcontractor. The term "Subcontractor' does not include other Contractors or subcontractors of other Contractors. 0 U 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" W GENERAL CONDITIONS 00750- Page 49 of 173 Packet Pg.961 C.24.a 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. CL 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 0 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. 0 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. LU 4- 0 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 CL shall make available to each proposed Subcontractor, copies of the Contract Documents i 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 a make copies of applicable portions of such documents available to their respective U,i 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 50 of 173 Packet Pg.962 C.24.a .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 CL 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 0 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. 0 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 0 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 LU 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 0 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. CL i 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 a apparent discrepancies or defects in such other construction that would render it U,i 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 51 of 173 Packet Pg.963 C.24.a 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 CL 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 0 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. LU 4- 0 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. CL 6.3 Owner's Right to Clean Up i 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 a surrounding area free from waste materials and rubbish as described in Paragraph 3.15, U,i the Owner may clean up and allocate the cost among those responsible as Project Management determines to be just. 0 7.0 CHANGES IN THE WORK 7.1 Changes GENERAL CONDITIONS 00750- Page 52 of 173 Packet Pg.964 C.24.a 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 CL minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. o 0 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, e 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. 0 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 0 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 LU 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: i .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; CL i .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 U,i 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 53 of 173 Packet Pg.965 C.24.a 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 CL 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 o 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 e 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 0 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: 2 0 .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 i (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- U,i 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 54 of 173 Packet Pg.966 C.24.a 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 CL Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. o 0 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 e 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. 0 .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 LU 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 CL amended, the Contract Price and the time for performance by the Contractor. The i 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 a which the Contractor knew or should have known. i 7.3 Authority 0 U 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 0) with the intent of the Contract Documents. Such changes shall be effected by written order GENERAL CONDITIONS 00750- Page 55 of 173 Packet Pg.967 C.24.a issued through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. CL 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. 0 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 LU 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. i 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 CL of the Owner, Project Management, or the Architect/Engineer, or by any employee of i 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 a control, or by delay authorized by the Owner, Project Management, or by any other cause U,i 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 56 of 173 Packet Pg.968 C.24.a 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 CL 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 o that cause shall be waived. M r_ 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. 0 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 0 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. 0 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. 2 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 CL the Owner or Project Management may require, such as copies of requisitions from i 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 U,i the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 0 U .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier 0) because of a dispute or other reason. GENERAL CONDITIONS 00750- Page 57 of 173 Packet Pg.969 C.24.a 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 CL 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 o agreed upon in writing. Payment for materials and equipment stored on or off the site M 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 0 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 LU 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. 0 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. CL i 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 a Work has progressed to the point indicated and that, to the best of Project Management's U,i 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 0) Management. The issuance of a separate Approval for Payment will further constitute a GENERAL CONDITIONS 00750- Page 58 of 173 Packet Pg.970 C.24.a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on-site inspections to CL check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of o 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 e account of the Contract Sum. 0 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, LU 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 i 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 CL 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. i 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 59 of 173 Packet Pg.971 C.24.a .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. CL 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the o Owner, out of the amount paid to the Contractor on account of such Subcontractor's M 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. 0 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 LU shall not constitute acceptance of Work not in accordance with the Contract Documents. 0 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. 2 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 CL amount allowed the Contractor on account of the Work performed by the Subcontractor. i 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. a i 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 60 of 173 Packet Pg.972 C.24.a 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 CL 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 o 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 0 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 LU 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 CL required by the Contract Documents. When the Contractor considers a portion i 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 a determined by written agreement between the Owner and Contractor or, if no agreement U,i 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. W GENERAL CONDITIONS 00750- Page 61 of 173 Packet Pg.973 C.24.a 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. CL 9.10 Final Completion and Final Payment o 0 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. o 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 LU 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. CL (5) Contractor's Affidavit of Release of Liens. i (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) a format delivered on a common electronic form (i.e. flash drive) of all the U,i 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 62 of 173 Packet Pg.974 C.24.a C. Warranties, bond and guarantees. D. Keys and keying schedule. CL E. Spare parts and maintenance materials. o 0 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 0 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 LU subcontractors and materialmen. 0 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 CL thereafter be resumed except by written agreement of the Owner and Contractor if in fact i 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 a agreement of the Owner and Contractor. U,i 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 63 of 173 Packet Pg.975 C.24.a 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 CL 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 0 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who maybe affected thereby; LU 4- 0 .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. CL 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and i 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. a i 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 64 of 173 Packet Pg.976 C.24.a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss CL 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 o 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 0 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. LU 10.4 Site Specific Safety Plan 0 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. CL 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement i (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 a evidence of the required insurance shall not extend deadlines specified in this Agreement U,i 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 65 of 173 Packet Pg.977 C.24.a 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 CL 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, o except for the Contractor's failure to provide satisfactory evidence of insurance. M r_ 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. 0 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 LU included as "Additional Insured" on all policies, except for Worker's Compensation. 0 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. CL i 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work a i 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 66 of 173 Packet Pg.978 C.24.a 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 CL 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 o 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 0 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 0 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 LU 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 CL or equipment at the Contractor's expense. If the Contractor does not pay costs of such i 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 a damages that should have been borne by the Contractor, including compensation for U,i 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 67 of 173 Packet Pg.979 C.24.a 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 CL requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of 0 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. 0 Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 0 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. i 13.3 Not used. 13.4 Rights and Remedies a i 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 E GENERAL CONDITIONS 00750- Page 68 of 173 Packet Pg.980 C.24.a or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. CL 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 e 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 0 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 LU 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. 2 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. CL i 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) a (C), Florida Statutes. U,i 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 0 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: GENERAL CONDITIONS 00750- Page 69 of 173 Packet Pg.981 C.24.a 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; CL .2 fails to make payment to Subcontractors for materials or labor in accordance o with the respective agreements between the Contractor and the Subcontractors; M r_ .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 0 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; LU 4- 0 .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. 0 14.2 Suspension or Termination by the Owner for Convenience i 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. CL i 14.2.2 In the event of Termination, the Owner shall pay for work completed to date of Termination. i End of Section 00750 0 GENERAL CONDITIONS 00750- Page 70 of 173 Packet Pg.982 C.24.a SECTION 00970 PROJECT SAFETY AND HEALTH PLAN A. REGULATIONS AND POLICIES 0 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 0 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; 0 (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. 0 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 i 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 i 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 71 of 173 Packet Pg.983 C.24.a The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation CL 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. 0 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. 0 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. i 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. i Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.5 SAFETY INSPECTION i 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 72 of 173 Packet Pg.984 C.24.a 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. CL In summary, there will be a three-part clean-up plan. 0 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 0 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 LU 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: 0 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. CL i 1.6 FIRST AID TRAINING a 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 73 of 173 Packet Pg.985 C.24.a 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 CL serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. 0 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 0 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. 0 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 0 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 i 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 U,i 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 74 of 173 Packet Pg.986 C.24.a 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. o 0 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. 0 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. 0 No personal radios or stereos will be allowed on the jobsite. 3.2 HOIST OPERATORS LU 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 i administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT U) 4.1 HARDHAT AREAS 0 U 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 W Contractor shall provide hardhats for visitors entering hardhat areas. PROJECT SAFETY AND HEALTH PLAN 00970- Page 75 of 173 Packet Pg.987 C.24.a 4.1.1 LABELS CL Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. o 0 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: 0 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 0 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. 2 0 5.2 TAGGING AND LOCKING i 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 i repair. 5.3 HAUL ROADS FOR EQUIPMENT a i 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 W control the dust. PROJECT SAFETY AND HEALTH PLAN 00970- Page 76 of 173 Packet Pg.988 C.24.a 5.3.2 SINGLE-LANE HAUL ROADS CL 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. o 0 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. 0 5.3.5 OPERATORS Machinery and mechanized equipment shall be operated only by authorized qualified persons. 0 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. 0 5.3.8 HOURS OF OPERATION i 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. i 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) a i 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 77 of 173 Packet Pg.989 C.24.a Contracting Officer. Test data shall be recorded and a copies furnished to the Contracting Officer. CL 5.4.2 PERFORMANCE TEST—POWER CRANES(Crawler mounted, truck mounted and wheel mounted) 0 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, a CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR 0 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 i resistance from 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS i 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 78 of 173 Packet Pg.990 C.24.a 5.5.1 ROLLOVER PROTECTIVE STRUCTURES u 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. 0 5.5.2 EQUIPMENT REQUIRING ROPS 0 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- 0 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. r_ 0 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. i 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 i deductions and lift radius for a specific crane configuration in a specific location. The Crane 0 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 a lift plans for multiple locations. U,i 0 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 0 PROJECT SAFETY AND HEALTH PLAN 00970- Page 79 of 173 Packet Pg.991 C.24.a acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. CL 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 o 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. 0 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. o • 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 i The Contractor shall comply with the Site-Specific Safety Plan. The Contractor / Crane Company / Rigging Company is responsible for the accuracy of U,i 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 0) to perform the activities outlined in this plan. PROJECT SAFETY AND HEALTH PLAN 00970- Page 80 of 173 Packet Pg.992 C.24.a 6.0 LADDERS AND SCAFFOLDING CL 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 0 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. 0 (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. 0 (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 i 8.1 It shall be the Contractor's sole and exclusive responsibility: (a) To provide personnel capable of working adjacent to energized electrical lines a or other utilities. i (b) To provide adequate, safe, and properly maintained equipment. 0 U (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, 0) and Safety Rules for Installation and Maintenance of Electrical Supply and PROJECT SAFETY AND HEALTH PLAN 00970- Page 81 of 173 Packet Pg.993 C.24.a 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 0 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 e 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. 0 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 i agreement of the Owner and Contractor. 10.2 The Contractor shall not be required pursuant to Article 7 to perform without consent any a Work relating to asbestos or polychlorinated biphenyl (PCB). U,i 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 82 of 173 Packet Pg.994 C.24.a 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 o 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 e 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 0 reasonable protection to prevent damage, injury or loss to: .1 Employees on the Work and other persons who maybe affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in LU 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 CL posting danger signs and other warnings against hazards, promulgating safety regulations i 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 a methods are necessary for execution of the Work, the Contractor shall exercise utmost U,i 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 0) for whose acts they may be liable and for which the Contractor is responsible under PROJECT SAFETY AND HEALTH PLAN 00970- Page 83 of 173 Packet Pg.995 C.24.a 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. 0 End of Section 00970LU 4- 0 0 2 0 CL i i 0 PROJECT SAFETY AND HEALTH PLAN 00970- Page 84 of 173 Packet Pg.996 C.24.a SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.0 RELATED DOCUMENTS 0 A. Drawings and General Requirements of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to 0 this Section. 1.1 SUMMARY 0 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. 0 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. i 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 i 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 85 of 173 Packet Pg.997 C.24.a what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. CL 1.2 PROJECT MANAGEMENT'S DUTIES AND RESPONSIBILITIES o 0 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 0 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. i 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. i 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 a those furnished to him/her by the Owner. Notes from this inspection will be filled U,i 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 W incorporated into the work until corrective action acceptable to Project CONTRACTOR QUALITY CONTROL PLAN 00980- Page 86 of 173 Packet Pg.998 C.24.a 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 o 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, 0 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 LU 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. 0 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. CL C. Associated Services: Cooperate with agencies performing required inspections, i 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: a i 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. o 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. W 4. Provide facilities for storage and curing of test samples. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 87 of 173 Packet Pg.999 C.24.a 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. CL 7. Provide security and protection of samples and test equipment at the Project Site. o 0 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. 0 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 LU given at least ten (10) days in advance of the scheduled tests. o 0 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. 2 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. CL 1. Submit additional copies of each written report directly to the governing i 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: i a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. ca 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 88 of 173 Packet Pg. 1000 C.24.a g. Identification of product and Specification Section. h. Complete inspection or test data. I. Test results and an interpretation of test results. CL j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested o Work complies with Contract Document requirements. M 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. 0 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. 2 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: i 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 a conformance: i (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 89 of 173 Packet Pg. 1001 C.24.a (e) Potential utility outages. u (f) Any other preparatory steps dependent upon the particular operation. CL (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase 0 Hazard) M r_ 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. 0 (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 LU distribute accordingly. r_ 0 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. 0 Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as 0 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. CL i Failure to generate a sign-off sheet or to attain proper signatures prior to covering 0 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 a Nonconformance Report. (See Section 1.6.13 of this plan.) U,i 0 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. 0 0 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 90 of 173 Packet Pg. 1002 C.24.a 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 CL inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. o 0 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 0 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. LU 4- 0 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 0 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 i 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. a i 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 91 of 173 Packet Pg. 1003 C.24.a 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. CL A copy of the Nonconformance Report will be forwarded to the Site Project 0 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- 0 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 LU compliance and avoid recurrence. r_ 0 0 End of Section 00980 0 2 0 CL 0 i 0 0 0 i 0 0 0 0 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 92 of 173 Packet Pg. 1004 C.24.a SECTION 01015 u CONTRACTOR'S USE OF PREMISES CL PART 1 —GENERAL 0 1.1 DESCRIPTION 0 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 0 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. 0 r- 0 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 2 0 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 i 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. 0 i Do not permit such vehicles to park on any street or other area of Owner's property except 2 in the area approved by Owner as "Contractor's Parking Area." 0 0 CONTRACTOR'S USE OF PREMISES 01015- Page 93 of 173 Packet Pg. 1005 C.24.a 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. o 0 C 0 End of Section 01015 0 0 LU 4- 0 0 0 CL i i 0 CONTRACTOR'S USE OF PREMISES 01015- Page 94 of 173 Packet Pg. 1006 C.24.a SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY 0 This section provides procedures for preparation and submittal of Applications for Payment. 0 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. i 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for Project Management to have 0. 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 i 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 95 of 173 Packet Pg. 1007 C.24.a (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 o red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local M 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. 0 0 2 0 i i i 0 APPLICATION FOR PAYMENT 01027-Page 96 of 173 Packet Pg. 1008 BGS A PB4u®3 A3u86J8w3 10 1W31J} ) POUBiS a®R —}a a w a —43ei :4u9ua o }} c o N V � a ;m U E L5 5 n m EEw bio Is e a- Y, Q .q .U 41 � S d E ° 2� m c w 5 � w �� � � � � N E t a D � aP O m u «0 a a ,m t3 me i} wa m y t 1 ffi w O al E m b:E a u o m a a e W W `o c Ix w a as zd F� Elm? m`o m m oo o n d mv Fm c m E W m 9 L4 w E g a LL €] e m e ¢ E m e w y i s p, c 3: y5Ey E ~ m �_.. c p3p 'ss��,++ (vim m y�y "Yoh x� CL G m P w 9 T 13 i A C4 rt 4..� A C IK T a s ea Ga � Qav ca m p E w aL mx ¢ re ¢ m r a 1+. m w U O Q 5 11. a W U ° LU p x a 4 a � v _ a W ca m u 0 Q zA. a Q O © g w ® Lg� CC] i 'c a .ra map J F 2 r m ^a n a BGS A PB4u®3 A3u86J8w3 10 1W31J} ) POUBiS a®R —}a a w a —43ei :4u9ua o }} o N r V � a ;m U a M n r-I rn wr ron s*e va cra � r+a vs �a ua r+s � uo va va va c� m, w� m� v� � wa- na va c?� 0 00 w C1 bio �4 d I- O s� H LL LL p v €a aw Z w � � a a 0 z O a U c�a cd ca c� rya cv' ra J r n a C.24.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: 0 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.............$ 0 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........................ 4- Detailed description of change order and justification: 0 This change order is % of the original contract price. 0 Not valid until signed by Owner,Architect(if applicable), and Contractor i ARCHITECT: Date CL CONTRACTOR: Date DIRECTOR PROJECT MANAGEMENT Date COUNTY/ASSISTANT ADMINISTRATOR: Roman Gastesi Date Kevin Wilson Christine Hurley APPLICATION FOR PAYMENT 01027-Page 99 of 173 Packet Pg. 1011 C.24.a Change Order Attachment per Ordinance No. 024-2015 CL • Change Order was not included in the original contract specifications. Yes ❑ No ❑ 0 If yes, explanation: M r- 0 0 • Change Order was included in the original specifications. Yes ❑ No ❑ If yes, explanation of increase in price: 0 • 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: LU 4- 0 0 • Project architect approves the change order. Yes ❑ No ❑ If no, explanation of why: 0 i • 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 ❑ CL Explain: i i 0 APPLICATION FOR PAYMENT 01027-Page 100 of 173 Packet Pg. 1012 C.24.a CERTIFICATE OF SUBSTANTIAL COMPLETION CL PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: 0 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 a 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- 0 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: 0 r- A list of items to be completed or corrected is attached hereto. The failure to include any items on such o 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 �I The Owner accepts the Work or designated portion thereof as substantially complete and will assume full CL possession thereof at (time), on (date). I 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 101 of 173 Packet Pg. 1013 C.24.a CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMSCL u TO OWNER: CONTRACT FOR: (Name and address) 0 CONTRACT DATE: PROJECT: (Name and address) State of 0 0 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 0 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 o G707, CONSENT OF SURETY, may be used for this 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 i 2. Separate Releases or Waivers of Liens by means of ❑ physical presence or ❑ online from Subcontractors and material and notarization, on (date) equipment suppliers, to the extent by (name required by the Owner, accompanied by 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 102 of 173 Packet Pg. 1014 C.24.a CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS u TO OWNER: CONTRACT FOR: a, (Name and address) 0 ca CONTRACT DATED: 0 PROJECT: (Name and address) 0 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. 0 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 i Subcontractors and material and equipment of identification) as identification. suppliers, to the extent required by the Owner, accompanied by a list thereof. CL NOTARY PUBLIC i CONTRACTOR: (SEAL) Address i My commission expires: 0 (Signature of authorized representative) CJ (Printed name and Title) APPLICATION FOR PAYMENT 01027-Page 103 of 173 Packet Pg. 1015 C.24.a MONROE COUNTY u FINAL RELEASE OF LIEN CL KNOW ALL MEN BY THESE PRESENTS, that 0 0 for and consideration of the sum of 0 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 0 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. 0 IN WITNESS WHEREOF THIS day of 120 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. CL i Witness NOTARY PUBLIC (SEAL) i My commission expires: 0 APPLICATION FOR PAYMENT 01027-Page 104 of 173 Packet Pg. 1016 C.24.a MONROE COUNTY u AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: CL KNOW ALL MEN BY THESE PRESENTS,that the undersigned, for and in consideration of the payment of the o 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 0 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: 0 THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to,or for the benefit of the undersigned for improvement to the subject property have been paid in full.Any and all suppliers of labor, material or services for improvement to the subject property,who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none, write "NONE") 0 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 o 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. W 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. 2 0 WITNESS MY HAND THIS day of 20_ Witness Name of Company CL 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. o CJ NOTARY PUBLIC (SEAL) My commission expires: ALTERNATES 01030-Page 105 of 173 Packet Pg. 1017 C.24.a SECTION 01030 u ALTERNATES CL PART 1 -GENERAL 0 1.1 RELATED DOCUMENTS 0 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 0 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. 0 r_ D. Notification: Immediately following the award of the Contract, prepare and o 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 W 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. i End of Section 01030 i i 0 ALTERNATES 01030-Page 106 of 173 Packet Pg. 1018 C.24.a SECTION 01040 PROJECT COORDINATION CL PART I - GENERAL o 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. o 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. B. Field engineering is included in Section 01050 "Field Engineering". 0 C. Progress meetings, coordination meetings, and pre-installation conferences are o included in Section 01200 "Project Meetings". D. Requirements for the Contractor's Construction Schedule are included in Section 01301 "Submittals". 1.3 COORDINATION - 2 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 i 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, 2 service and repair. U 3. Make adequate provisions to accommodate items scheduled for later PROJECT COORDINATION 01040-Page 107 of 173 Packet Pg. 1019 C.24.a installation. u B. Where necessary, prepare memoranda for distribution to each party involved CL outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. o 0 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. 0 D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. LU 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. i 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". i 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 a personnel in attendance at the site; identify individuals, their duties and U,i responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. PROJECT COORDINATION 01040-Page 108 of 173 Packet Pg. 1020 C.24.a PART 2 — PRODUCTS (Not Applicable) CL PART 3— EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS r- 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. 0 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. 0 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. 0 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 i A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through U) the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. PROJECT COORDINATION 01040-Page 109 of 173 Packet Pg. 1021 C.24.a 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: 0 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 E 17. Rodent and insect infestation 18. Combustion o 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 i End of Section 01040 i 0 PROJECT COORDINATION 01040-Page 110 of 173 Packet Pg. 1022 C.24.a SECTION 01045 CUTTING AND PATCHING CL PART 1 - GENERAL 0 1.1. RELATED DOCUMENTS 0 e A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 0 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: 0 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. i 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. a 9. Approval by Project Management to proceed with cutting and patching does not waive Project Management's right to later require complete i removal and replacement of unsatisfactory work. 1.3 NOT USED CUTTING AND PATCHING 01045-Page 111 of 173 Packet Pg. 1023 C.24.a 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. 0 1. Obtain approval of the cutting and patching bid before cutting and patching M 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. E 1. Obtain approval of the cutting and patching bid before cutting and patching o 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 2 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 i or fabricator, engage another recognized experienced and specialized firm. a. Stonework and stone masonry. a b. Ornamental metal. U,i 0 CUTTING AND PATCHING 01045-Page 112 of 173 Packet Pg. 1024 C.24.a 1.5 WARRANTY u A. Existing Warranties: Replace, patch, and repair material and surfaces cut or CL damaged by methods and with materials in such a manner as not to void any warranties required or existing. 0 PART 2 - PRODUCTS 0 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 0 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. 0 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 i cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or a performance of other construction activities and the subsequent fitting and U,i patching required to restore surfaces to their original condition. 0 CUTTING AND PATCHING 01045-Page 113 of 173 Packet Pg. 1025 C.24.a 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. CL 1. In general, where cutting, use hand or small power tools designed for o sawing or grinding, not hammering and chopping. Cut holes and slots as M 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. 0 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 LU 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. i End of Section 01045 i 0 CUTTING AND PATCHING 01045-Page 114 of 173 Packet Pg. 1026 C.24.a SECTION 01050 FIELD ENGINEERING CL PART 1- GENERAL 0 1.1 RELATED DOCUMENTS 0 e A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 0 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: 0 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 2 0 A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. i B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of"Submittals" and "Project Closeout" Sections. 0. 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. i B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. PART 2 - PRODUCTS (Not Applicable) FIELD ENGINEERING 01050-Page 115 of 173 Packet Pg. 1027 C.24.a PART 3 - EXECUTION CL 3.1 EXAMINATION 0 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. 0 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. - 0 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. i 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish i 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. i 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. o U 2. As construction proceeds, check every major element for line, level, and plumb. FIELD ENGINEERING 01050-Page 116 of 173 Packet Pg. 1028 C.24.a 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 o 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. 0 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. 0 0 End of Section 01050 2 0 i i i 0 FIELD ENGINEERING 01050-Page 117 of 173 Packet Pg. 1029 C.24.a SECTION 01200 PROJECT MEETINGS CL PART 1 - GENERAL 0 1. SUMMARY 0 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 0 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 i 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. 2. Provide notice of each meeting twenty-four(24) in advance of meeting date or provide as much advance notice as possible. PROJECT MEETINGS 01200-Page 118 of 173 Packet Pg. 1030 C.24.a 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. CL 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. o 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. 0 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. o 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: i a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. a 10. Temporary utilities. U,i 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days. PROJECT MEETINGS 01200-Page 119 of 173 Packet Pg. 1031 C.24.a D. Revisions to minutes: u 1. Unless published minutes are challenged in writing prior to the next CL regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. o 2. Persons challenging published minutes shall reproduce and distribute M 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. 0 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. 0 C. Attendance: 1. Monroe County Project Management designee. E 2. The Architect and his/her professional consultants as needed. 3. Contractors as appropriate to the agenda. o 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. i 11. Review submittal schedules. 12. Maintenance of quality standards. r 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: U) a. Effect on Construction Schedule and on completion date. 2 b. Effect on other contracts of the Project. 15. Other business. PROJECT MEETINGS 01200-Page 120 of 173 Packet Pg. 1032 C.24.a E. Revisions to minutes: CL 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly o stating the activities and decisions of the meeting. M 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of e 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) 0 hours prior to placement. B. Location of the meetings: A central site designated by Project Management, 0 typically it will be at the project site. 0) C. Attendance: 0 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. w D. Required Agenda: 2 0 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. i 7. Maintenance of quality standards. 8. Pending changes, substitutions and Change Order Requests (COR). 5. Distribute County Checklist seventy-two (72) hours prior to placing a Concrete. i 4. SAFETY MEETINGS 0 PROJECT MEETINGS 01200-Page 121 of 173 Packet Pg. 1033 C.24.a 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. CL The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. r_ 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. 0 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: 0 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 2 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. C. Encourage employees to identify any unsafe conditions or tasks, and discuss ways to eliminate or control the hazards. i d. When appropriate, assign responsibilities for eliminating or controlling identified hazards. 0 3. Training. PROJECT MEETINGS 01200-Page 122 of 173 Packet Pg. 1034 C.24.a 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 CL 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 0 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. i 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 i • Loads exceeding seventy-five percent (75%) of the rated capacity of any one crane • Personnel lifting a • Loads that will require suspension directly above rigging personnel U,i • 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 PROJECT MEETINGS 01200-Page 123 of 173 Packet Pg. 1035 C.24.a • Loads that are potentially unstable in flight u • 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 0 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 0 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 i 5. Suppliers as appropriate to the agenda 6. Others C. Suggested Agenda: i 1. Distribute meeting minutes 2. Approval of the minutes 3. Approval of shop drawings and submittals i 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 PROJECT MEETINGS 01200-Page 124 of 173 Packet Pg. 1036 C.24.a 9. Construction methods, equipment, and tools utilized 10. Materials and articles utilized 11. Adequacy of testing methods CL 12. Adequacy of shop drawings 13. Adequacy of safety or environmental precautions o 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. 0 End of Section 01200 LU 4- 0 0 2 0 CL i i 0 PROJECT MEETINGS 01200-Page 125 of 173 Packet Pg. 1037 C.24.a SECTION 01301 SUBMITTALS PART 1 - GENERAL 0 1.1 SUMMARY 0 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 i 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 i 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 126 of 173 Packet Pg. 1038 C.24.a D. The submittal master record will then be used to track submittals within the u process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original 0 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. 0 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. 0 2. Date. 3. Names of: a. The Architect b. Project Management C. The Contractor LU 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. i 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 CL "For Construction Use" will be distributed to Project Management and other trade i contractors by the Contractor prior to the start of the Work. 1.4 PRODUCT DATA a i 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. SUBMITTALS 01301-Page 127 of 173 Packet Pg. 1039 C.24.a B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information, if necessary, to supplement standard information. CL C. The Contractor shall submit seven (7) sets to Project Management. Project o 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. 0 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. 0 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. 0 1.7 THE CONTRACTOR'S RESPONSIBILITIES i 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 i requirements to subcontractors and do not forward such submittals to Project Management. B. Submit catalog sheets, product data, shop drawings and where specified, submit U,i calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. 0 C. Verify field measurements and product catalog numbers or similar data. SUBMITTALS 01301-Page 128 of 173 Packet Pg. 1040 C.24.a D. Clearly identify on the submittal and transmittal to Project Management in writing of deviations in submittals from the requirements of the Contract Documents. CL E. After Project Management's review, distribute copies with one (1) copy to be o 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. 0 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. 0 I. All submittals shall be submitted to Monroe County Project Management and Consultants in Adobe PDF format. 1.8 PROJECT MANAGEMENT'S RESPONSIBILITIES E A. Project Management will review submittals with reasonable promptness, checking o 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 2 bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. i End of Section 01301 i i 0 SUBMITTALS 01301-Page 129 of 173 Packet Pg. 1041 C.24.a SECTION 01310 PROGRESS SCHEDULES CL PART 1 - GENERAL 0 1.1 SUMMARY 0 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: 0 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 2 0 A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. i B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. i 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. i Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES PROGRESS SCHEDULES 01310-Page 130 of 173 Packet Pg. 1042 C.24.a A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. CL B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. o 0 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. 0 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 0 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. 0 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 2 B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. i Note: It is not incumbent upon Project Management to notify the Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, or in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. i End of Section 01310 a i 0 PROGRESS SCHEDULES 01310-Page 131 of 173 Packet Pg. 1043 C.24.a SECTION 01370 SCHEDULE OF VALUES CL PART 1 - GENERAL o 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 E 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. o 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 2 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. i 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. i 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 132 of 173 Packet Pg. 1044 C.24.a E. For each major line item list sub-values of major products or operations under the item. CL F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and o profit for each item. M 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 0 A. After review by Project Management, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. 0 0 End of Section 01370 2 0 i i i 0 SCHEDULE OF VALUES 01370-Page 133 of 173 Packet Pg. 1045 C.24.a SECTION 01385 DAILY CONSTRUCTION REPORTS CL PART 1 - GENERAL 0 1.1 SUMMARY 0 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. i 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, 0. 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. i 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS 0 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 DAILY CONSTRUCTION REPORTS 01385-Page 134 of 173 Packet Pg. 1046 C.24.a 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. CL 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 0 contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: 0 CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE 0 OBSERVATIONS 0 C 0 0 0 2 ITEMS TO SATISFY i 0 INFORMATION OR ACTION REQUIRED ATTACHMENTS i 0 0 REPORT BY: a i 0 0 0 DAILY CONSTRUCTION REPORTS 01385-Page 135 of 173 0 Packet Pg. 1047 C.24.a SECTION 01395 REQUEST FOR INFORMATION (RFI) CL PART 1 - GENERAL 0 1.1 SUMMARY 0 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 i 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 0. 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 136 of 173 Packet Pg. 1048 C.24.a REQUEST FOR INFORMATION (RFI) CL DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL Email address TO ARCHITECT ADDRESS PHONE FAX CELL Email address 0 DESCRIPTION 0 c 0 CONTRACTORS RECOMMENDATION 0 COST I M PACT NAME DATE 0 RESPONSE CL ca 0 0 0 i 0 NAME DATE 0 0 REQUEST FOR INFORMATION (RFI) 01395-Page 137 of 173 0 Packet Pg. 1049 C.24.a SECTION 01410 u TESTING LABORATORY SERVICES PART 1 - GENERAL 0 1.1 SUMMARY 0 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: 0 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 0 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 W 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. 0 B. Employment of testing laboratory shall in no way relieve the Contractor of i obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE i A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. REQUEST FOR INFORMATION (RFI) 01395-Page 138 of 173 Packet Pg. 1050 C.24.a D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES o 0 A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the Project Management and the Contractor in performance of services. 0 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. 0 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. 2 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. i C. When requested by Project Management, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY a i A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. 0 U B. The testing laboratory may not approve or accept any portion of the Work. REQUEST FOR INFORMATION (RFI) 01395-Page 139 of 173 Packet Pg. 1051 C.24.a C. The testing laboratory may not assume any duties of the Contractor. CL D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES r_ 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. 0 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 0 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. 2 0 End of Section 01410 i i i 0 REQUEST FOR INFORMATION (RFI) 01395-Page 140 of 173 Packet Pg. 1052 C.24.a SECTION 01421 REFERENCE STANDARDS AND DEFINITIONS CL PART 1 -GENERAL o 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. 0 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, i 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." 0 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 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 141 of 173 Packet Pg. 1053 C.24.a 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. CL 1. The term "experienced", when used with the term "Installer", means having o a minimum of (5) five previous projects similar in size and scope to this M 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 0 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 LU 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. 0 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 i A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format a and MASTER FORMAT numbering system. U,i B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when REFERENCE STANDARDS AND DEFINITIONS 01421-Page 142 of 173 Packet Pg. 1054 C.24.a 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 o be interpreted as appropriate. Words that are implied, but not stated shall M be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the e 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. 0 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. i 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 i 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. a i 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. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 143 of 173 Packet Pg. 1055 C.24.a 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the CL publications source. E. Abbreviations and Names: Trade association names and titles of general 0 standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized e 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- 0 to-date as of the date of the Contract Documents. AA Aluminum Association AABC Associated Air Balance Council LU 4- 0 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 0 ACPA America Concrete Pipe Association i AHA American Hardboard Association Al Asphalt Institute CL i AIA the American Institute of Architects AISC American Institute of Steel Construction a AITC American Institute of Timber Construction i ALA American Laminators Association 0 U ALSC American Lumber Standards Committee REFERENCE STANDARDS AND DEFINITIONS 01421-Page 144 of 173 Packet Pg. 1056 C.24.a 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) 0 ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society 0 BHMA Builders Hardware Manufacturers Association i BIA Brick Institute of America EIMA EIFS Industry Members Association i EJMA Expansion Joint Manufacturers Association FM Factory Mutual System a i GA Gypsum Association GANA Glass Association of North America o (Formerly: Flat Glass Marketing Association) REFERENCE STANDARDS AND DEFINITIONS 01421-Page 145 of 173 Packet Pg. 1057 C.24.a HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association o 0 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 0 NWWDA National Wood Window and Door Association (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute 2 RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association i SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. a i SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) REFERENCE STANDARDS AND DEFINITIONS 01421-Page 146 of 173 Packet Pg. 1058 C.24.a SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America CL UL Underwriters Laboratories, Inc. o 0 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 0 Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 0 End of Section 01421 2 0 i i i 0 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 147 of 173 Packet Pg. 1059 C.24.a SECTION 01520 CONSTRUCTION AIDS CL PART 1 - GENERAL 0 1.1 SUMMARY 0 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 0 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 r- A. The Contractor shall be responsible for furnishing, installing, maintaining, and o 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 i 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 i temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. 0 The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. CONSTRUCTION AIDS 01520-Page 148 of 173 Packet Pg. 1060 C.24.a 2.3 TEMPORARY ENCLOSURES CL 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 o 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 e 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 0 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, E maintain, and remove such additional temporary enclosures as may be deemed necessary. 0 The foregoing obligations of the Contractor are in addition to his/her obligations under Article 10 of the General Conditions. End of Section 01520 0 i i i 0 CONSTRUCTION AIDS 01520-Page 149 of 173 Packet Pg. 1061 C.24.a SECTION 01595 CONSTRUCTION CLEANING CL PART 1 - GENERAL 0 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR 0 A. Section includes: 1. Cleaning during progress of work. 0 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 r_ 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 i concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION i 3.1 DURING CONSTRUCTION a A. Execute cleaning to keep the Work, the Site and adjacent properties free from i accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. 0 B. Provide on-site containers for the collection of waste materials, debris, and rubbish. CONSTRUCTION CLEANING 01595-Page 150 of 173 Packet Pg. 1062 C.24.a C. Dispose of waste materials, debris, and rubbish off site at a state permitted disposal site. CL D. Trash containers shall be provided by Contractor and located in trash accumulation o 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 e 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 0 LU 4- 0 0 0 CL i i 0 CONSTRUCTION CLEANING 01595-Page 151 of 173 Packet Pg. 1063 C.24.a SECTION 01600 MATERIAL AND EQUIPMENT CL PART 1 - GENERAL 0 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR 0 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. 0 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 i finished openings. B. Transport and handle products in accordance with manufacturer's instructions. 0. 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 i soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION MATERIALS AND EQUIPMENT 01600-Page 152 of 173 Packet Pg. 1064 C.24.a 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. CL 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 o 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 e 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 LU 4- 0 0 0 CL i i 0 MATERIALS AND EQUIPMENT 01600-Page 153 of 173 Packet Pg. 1065 C.24.a SECTION 01630 POST-CONTRACT SUBSTITUTIONS CL PART 1 - GENERAL o 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: 0 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 E following information: 0 r_ 1. Complete data substantiating compliance of proposed substitution with o 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. i 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. 2 D. Substitutions will not be considered for acceptance when: POST CONTRACT SUBSTITUTIONS 01630-Page 154 of 173 Packet Pg. 1066 C.24.a 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. CL 3. In judgment of Project Management, the substitution request does not include adequate information necessary for a complete evaluation. o 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. 0 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. LU 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 0 A. The form is attached to this section. i B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. i i POST-CONTRACT SUBSTITUTION FORM TO: Project Management POST CONTRACT SUBSTITUTIONS 01630-Page 155 of 173 Packet Pg. 1067 C.24.a We hereby submit for your consideration the following product instead of the specified item for the above project: CL DRAWING NO: DRAWING NAME: o 0 SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: 0 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 0 Title Firm Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. - Failure 0 provide legally binding signature will result in retraction of approval. i For use by the Architect: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved CL Not Recommended Received too late Not Approved i Insufficient data received Approved as noted By By ) Date Date Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? POST CONTRACT SUBSTITUTIONS 01630-Page 156 of 173 Packet Pg. 1068 C.24.a Yes No If yes, clearly indicate changes: CL B. Will the undersigned pay for changes to the building design, including engineering and 0 detailing costs caused by the requested substitution? Yes No If no, fully explain: 0 C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? 0 E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: LU 4- 0 0 F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant _ variations: 0 i H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ CL ). I. Designation of maintenance services and sources: i (Attach additional sheets if required.) a End of Section 01630 i 0 POST CONTRACT SUBSTITUTIONS 01630-Page 157 of 173 Packet Pg. 1069 C.24.a SECTION 01640 PRODUCT HANDLING CL PART I--GENERAL 0 1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR 0 e 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. 0 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 r_ A. Except as otherwise approved by Project Management, determine and comply with 0 manufacturers' recommendations on product handling, storage, and protection. 0 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels 0 intact and legible. 2 0 1. Maintain packaged materials with seals unbroken and labels intact until time of use. i 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. 0 PRODUCT HANDLING 01640-Page 158 of 173 0 Packet Pg. 1070 C.24.a B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. CL C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 0 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 0 LU 4- 0 0 0 CL i i 0 PRODUCT HANDLING 01640-Page 159 of 173 Packet Pg. 1071 C.24.a SECTION 01700 CONTRACT CLOSEOUT CL PART 1 —GENERAL 0 1.1 PROJECT TERMINATION 0 e 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: 0 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. i 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will 0. 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 i 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 160 of 173 Packet Pg. 1072 C.24.a 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 0 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. 0 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: i A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. U,i C. Warranties, bond and guarantees. 0 D. Keys and keying schedule. CONTRACT CLOSEOUT 01700-Page 161 of 173 Packet Pg. 1073 C.24.a E. Spare parts and maintenance materials. CL F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final 0 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. 0 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 0 i i i 0 CONTRACT CLOSEOUT 01700-Page 162 of 173 Packet Pg. 1074 C.24.a SECTION 01710 FINAL CLEANING CL PART 1 - GENERAL 0 1.1 SUMMARY 0 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. 0 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. r_ 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 2 0 3.1 DUST CONTROL i 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. i C. Polish glossy surfaces to a clear shine. 0 D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 163 of 173 Packet Pg. 1075 C.24.a 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 o other waste materials used in the Construction. M r- 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 0 LU 4- 0 0 0 CL i i 0 FINAL CLEANING 01710-Page 164 of 173 Packet Pg. 1076 C.24.a SECTION 01720 PROJECT RECORD DOCUMENTS CL PART 1 - GENERAL 0 1.1 SUMMARY 0 A. Contractor shall: w 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. 0 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: i 1. Specifications with all addenda. 2. Two (2) complete sets of black-line prints of all Drawings. 1.3 RECORDING i A. Label each document "Project Record". B. Keep record documents current. i C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: PROJECT RECORD DOCUMENTS 01720-Page 165 of 173 Packet Pg. 1077 C.24.a 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: o a. Depths of various elements of foundation in relation to survey data. M b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. e 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: 0 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. 0 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. i 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to Project a Management and one (1) saved electronically tabbed and indexed copy in Adobe U,i Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash drive) prior to request for final payment. 0 B. Accompany submittal with transmittal letter, in duplicate, containing: PROJECT RECORD DOCUMENTS 01720-Page 166 of 173 Packet Pg. 1078 C.24.a 1. Date. u 2. Project title and Project number. 3. The Contractor's name and address. CL 4. Title and number of each record document. 5. Certification that each document as submitted is complete and o accurate. M 6. Signature of the Contractor, or his/her authorized representative. End of Section 01720 0 0 LU 4- 0 0 2 0 CL i i 0 PROJECT RECORD DOCUMENTS 01720-Page 167 of 173 Packet Pg. 1079 C.24.a SECTION 01730 OPERATION AND MAINTENANCE DATA CL PART 1 - GENERAL 0 1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND MAINTENANCE DATA 0 A. Section includes: 0 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. 0 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT r_ 0 A. Prepare data in the form of an instructional manual. 0 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. i 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. 0 0 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. 0 H. Provide one (1) indexed digital electronic copy of all Operation Maintenance Data on a common current electronic format (i.e. flash drive). OPERATION AND MAINTENANCE DATA 01730-Page 168 of 173 0 Packet Pg. 1080 C.24.a 1.4 CONTENTS, EACH VOLUME CL A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of Project Management, consultants, and the Contractor with name of o 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. 0 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 0 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. 0 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. i 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, U,i and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. OPERATION AND MAINTENANCE DATA 01730-Page 169 of 173 Packet Pg. 1081 C.24.a B. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and re-assembly instructions; and alignment, adjusting, balancing, and checking instructions. CL C. Provide servicing and lubrication schedule, and list of lubricants required. o 0 D. Include manufacturer's printed operation and maintenance instructions. E. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. 0 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 0 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. 2 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. i End of Section 01730 i 0 OPERATION AND MAINTENANCE DATA 01730-Page 170 of 173 Packet Pg. 1082 C.24.a SECTION 01740 WARRANTIES CL PART 1 —GENERAL 0 1.1 RELATED DOCUMENTS 0 e A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 0 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 o 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. i 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 i the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. OPERATION AND MAINTENANCE DATA 01730-Page 171 of 173 Packet Pg. 1083 C.24.a 1.4 WARRANTY REQUIREMENTS CL A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result 0 of such failure or must be removed and replaced to provide access for correction of warranted construction. 0 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. 0 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. r- 0 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. 0 1.5 SUBMITTALS 0 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 i subcontractor, supplies manufacturer to execute a special warranty, prepare a 0 written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through Project a Management, for approval prior to final execution. U,i 0 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, 0 OPERATION AND MAINTENANCE DATA 01730-Page 172 of 173 0 Packet Pg. 1084 C.24.a supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. CL 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 o 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 0 necessary, for inclusion in each required manual. LU 4- 0 END OF SECTION 01740 2 0 CL i i 0 OPERATION AND MAINTENANCE DATA 01730-Page 173 of 173 Packet Pg. 1085 C.24.b C MEMORANDUM 0 0 TO: HONORABLE MICHELLE COLDIRON, MAYOR, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; ROMAN GASTESI, MONROE COUNTY ADMINISTRATOR; KEVIN WILSON, ASSISTANT MONROE COUNTY ADMINISTRATOR CC: WILLIAM DESANTIS, MONROE COUNTY DIRECTOR OF FACILITIES MAINTENANCE; CARY KNIGHT, MONROE COUNTY DIRECTOR OF 0 PROJECT MANAGEMENT FROM: JOSEPH X. DINOVO,ASSISTANT MONROE COUNTY ATTORNEYcrvz RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT LU 4- PROCEDURES FOR DEMOLITION OF PARAPET OF THE JEFFERSON B. BROWNE COURTHOUSE ANNEX BUILDING DATE: JULY 26,2021 BACKGROUND W This office has been advised that the Jefferson B.Browne Courthouse Annex Building has experienced deterioration resulting from spalling concrete in several locations.According to a previous engineering report by Pistorino&Alam Consulting Engineers,Incorporated,the spalling concrete was attributable to an unprotected roof slab that allowed water and moisture to enter the building over an extended period of time resulting in cracked and loose concrete.While Pistorino&Alan,Consulting Engineers concluded at that time that continued occupancy of the building was safe provided that all loose concrete was removed,the firm recommended periodic inspections and a structural evaluation of the CL building. 0 Thereafter,a visual assessment of the building was conducted by CPH,Incorporated.The inspection 0 revealed that the parapet wall and reinforced concrete frame at roof level building had deteriorated. Specifically, the inspection disclosed that the parapet showed signs of deterioration, spalling and reinforcement corrosion that were causing material detachment and the corroded reinforcement was showing signs of swelling and section loss due to the chemical corrosion affecting the parapet. Additionally,the reinforced concrete frame,consisting of columns and beams,were showing a more severe sign of corrosion delamination and spalling due to poor clear cover for the reinforcement. W Significantly,CPH could identify a critical section loss in the beams and a vertical crack splitting the columns in half. While CPH concluded that the nature of the deficiencies on the building elements 0� prompted its strong recommendation that the parapet and reinforced concrete frame be demolished for the safety of people in proximity to the building, the firm did provide some sketches and recommendations to provide some temporary support to such elements to avoid any accident in the m interim.A plan for the demolition of the parapet was subsequently prepared by CPH. 0 Packet Pg. 1086 C.24.b C 0 On June 25,2021,the Monroe County Project Management Department conducted an inspection of e CD the parapet of the Jefferson B. Browne Courthouse Annex Building. A follow-up inspection was conducted on June 29,2021. These inspections revealed that the parapet had experienced significant further deterioration since the assessment conducted by CPH. In particular, the inspection revealed exposed and decomposed structural steel in the beams supporting a portion of the parapet wall parallel to Fleming Street directly above the pedestrian sidewalk. Given the continued deterioration of the parapet and the possibility that portions thereof could detach from the wall and pose a significant risk of personal injury to persons at ground level below and damage to the building itself or adjacent buildings,the County staff,in consultation with CPH,has concluded that full removal of the parapet wall must be undertaken promptly. Contemporaneously with this determination, the Project Management Department has enlisted the services of CPH to provide an assessment of the Jefferson B.Browne Courthouse Annex Building to determine the structural integrity of the building itself pursuant to a continuing professional services contract between the firm and Monroe County.The assessment will determine a recommended course of action relative to the current condition and future disposition of the building. 0 Notwithstanding the future disposition of the Jefferson B. Browne Courthouse Annex Building, the County staff has concluded that the condition of the parapet wall poses an immediate danger to W employees of the building,the general public in the vicinity of the building,the integrity of the building itself and the condition of adjacent buildings (including county-owned buildings) and has recommended its prompt demolition. In order to address this situation, the Project Management has solicited quotes from three firms to undertake the demolition of the parapet wall. In evaluating these quotes, Monroe County has selected and proposes to contract with Seatech of the Florida Keys, Incorporated as the responsive and responsible firm with the lowest cost submission to perform the demolition.The enlisting of such services on an emergency basis is due to the time sensitive nature of the need and the absence of the opportunity to competitively procure the services. CL 4- DISCUSSION 0 0 Based upon the information provided above, I conclude the foregoing circumstances constitute an emergency situation that permits a departure from the normal competitive solicitation process under the Monroe County Code and the Monroe County Purchasing Policy. In this regard, Subsection 2- 347(k)(1),Monroe County Code provides as follows: The board of county commissioners may dispense with the bidding provisions of this section and m contract directly for services,goods or public works in the case of an emergency. i 0 (1) For the purposes of this section, the term"emergency" means: m a. An immediate danger to the public health or safety; m 2 Packet Pg. 1087 C.24.b C b. A danger of loss of public or private property that requires immediate government action; C. An interruption in the delivery of an essential governmental service;or d. A substantial risk that a funding source of a contract will be diminished or lost because the time required to competitively award bids after the funds become available exceeds the time within which the funding source must be spent. [Emphasis Added] 0 Moreover, Chapter 7(B) of the Monroe County Purchasing Policy provides, in relevant part, as follows: B. Emergerlc,vPurchases 0 The term"emergency"is as defined in Section 2-347(k)(1) of the Monroe County Code. Purchase of commodities and services in the event of a public emergency may be obtained under the W following conditions: 1. The public emergency for the requirements will not permit a delay resulting from 0 competitive solicitation. i [Emphasis Added] It is my considered opinion that the danger posed to the safety of the employees of the Jefferson B. Browne Courthouse Annex Building and the general public by the potential of building material CL`L becoming detached from the parapet and deposited at ground level in the vicinity of the building 0 constitutes an "emergency" for purposes of Section 2-347, Monroe County Code and Chapter 7(B), Monroe County Purchasing Policy. Such a situation poses an immediate danger to the public health i and safety as it places in jeopardy the health and safety of county personnel and the staff at the Jefferson B.Browne Courthouse Annex Building and the general public.The instability of the parapet requires immediate government action as it risks destruction of elements of the Jefferson B. Browne Courthouse Annex Building and, potentially, surrounding buildings. Finally, the potential threat that the instability of the parapet poses to the Jefferson B. Browne Courthouse Annex Building and adjacent buildings may cause an interruption in the delivery of an essential governmental service by disrupting the ability of county personnel to work in the Jefferson B. Browne Courthouse Annex 0� Building or adjacent buildings. Packet Pg. 1088 C.24.b C CONCLUSION CD Consequently, the foregoing circumstances constitute an emergency for purposes of Section 2-347, Monroe County Code and Chapter 7(B), Monroe County Purchasing Policy. Owing to the contract amount and pursuant to Chapter 7(B)(2)(b), Monroe County Purchasing Policy, the purchase under emergency circumstances may "be approved by the Mayor, or if the Mayor is not available then the Mayor Pro Tem,or if the Mayor and the Mayor Pro Tern are not available then County Commissioners in order of priority based on longest consecutive tenure on the Board of County Commission' and "the purchase must be ratified after-the-fact by the Board of County Commissioners". Thus, the contract for emergency services requires the signature of the Mayor or, in her absence, one of the officials identified above and must be ratified by the Monroe County Board of Commissioners at the next available meeting thereof. 0 0 0 CL 4- 0 0 i 0 m 4 Packet Pg. 1089