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#08/17/2022 Agreement
GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 25, 2022 TO: Beth Leto,Airports Business Manager, KVVIA FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting The attached item has been executed and added to the record: I7 Agreement with NV2A Gulf Keystar, a Joint Venture, LLC for Construction Manager at Risk construction actiVities in the total aunount of$100,349,259.00,which includes $97,426,465.00 for project costs and$2,922,794.00 in owner-controlled allowances,for Key West International Airport Concourse A and Terminal Improvements progrann, to be funded by Florida Department of Transportation Grant G2090, Federal Aviation Administration Airport Improvement Prograun Entitlement Grants, Covid Relief Grants, Bipartisan Infrastructure Law Grants and/or the 2022 Airport Bonds. Please send us the Recorded Bonds and Builder's Risk Insurance information so we can add it to the record. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 / W� CONCOURSE A VTERMINAI,,,,,,,,, II IM F IR 0 V IE IM IE NT S F PRIME CONTRACT AGREEMENT SUBMITTAL July 25, 2022 rM GULF HUILOING NV A " Y T Agreement Between Owner and Construction Manager at Risk (Construction Activities) AGREEMENT Made as of this 17t" day of August , 2022. BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Construction Manager: NV2A Gulf Keystar, a Joint Venture, LLC 5450 MacDonald Ave.#3 Key West, FL 33040 For the following Project: Key West International Airport Concourse A and Terminal Improvements Program This Agreement is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("Owner', "Sponsor', or "County"), and NV2A Gulf Keystar, a Joint Venture, LLC, a Florida LLC ("Construction Manager"), to perform all work ("Work") in connection with the management and construction of the Key West International Airport Concourse A and Terminal Improvements Program ("Project"), located in Monroe County, Florida, with said Work being set forth in the plans and specifications being prepared by the McFarland Johnson Inc., a Professional Architectural Company of the State of Florida ("Design Professional"), and all other Contract Documents hereinafter specified and having a Total Estimated Project Budget of $100,349,259.00 (One hundred million three hundred forty-nine thousand two hundred fifty-nine dollars and no cents) ("Construction Budget"). Owner and Construction Manager, for consideration herein set forth, agree as follows: PRIME CONTRACT Page 1 of 186 ARTICLE 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement including any Exhibits or Attachments to this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), the Request for Proposals (RFP) issued to secure the services of the Construction Manager, Addenda to the RFP issued prior to execution of this Agreement, together with the Construction Manager's response to RFP, all required insurance documentation, and any addenda, amendments, change orders, construction change directives, and field orders issued after execution of this Agreement. The Contract Documents shall also include all plans or specifications for the Project ("Construction Documents"), but only after said Construction Documents have been completed by Design Professional and approved in writing by Owner. All of the foregoing Contract Documents are sometimes referred to herein as the "Contract." 1.2 The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 1.3 In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as follows. 1.3.1 Change orders, construction change directives, and field orders issued after execution of this Agreement. 1.3.2 This Agreement including any Exhibits, Attachments and Addenda. 1.3.3 Conditions of the Contract (General, Supplementary and other Conditions). 1.3.4 Specifications, and then drawings for the Project, but only after said specifications or drawings have been completed by Design Professional and approved in writing by Owner. 1.3.5 Addenda to the Request for Proposal (RFP) and then the RFP issued to secure the services of the Construction Manager. 1.4 A portion of the funding for this Project is coming from Federal Aviation Authority Grants. The Construction Manager is required to comply with all terms and conditions in these Grant Agreements provided that a copy of such Grant Agreements is timely provided to the Construction Manager. ARTICLE 2 Scope of Services 2.1 Construction Phase Services. After the 90% Construction Documents have been completed by the Design Professional and approved by Owner for all of the Work(or such portions as may be approved by the Owner in writing) for the Project, a GMP Amendment(s) shall be submitted that defines the Scope of Work, Contract Sum and Schedule for the Project based on the 90% Construction Documents. Construction Manager will, at Owner's option, prepare one or more GMP Amendment(s) for work to be performed during the various phases of the work. Each GMP Amendment will be individually agreed-upon and executed by the Parties. The total Contract Sum shall be the sum of all GMP Amendments. Once the Owner and Construction Manager have agreed in writing to the Guaranteed Maximum Price (GMP) Amendments and Guaranteed Completion Schedule, as hereafter provided, the Construction Manager shall furnish and PRIME CONTRACT Page 2 of 186 pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to perform and complete in good workmanlike manner the construction of the Work (or designated portions) in accordance with all terms in this Agreement, and in a diligent and timely manner. 2.2 Construction Manager shall provide all other services during the Construction phase of the Project as set forth in the Contract Documents. 2.3 Scope of the Work. The Scope of Work shall include, but not be limited to, all work shown and listed in the 90% Construction Documents. The Construction Manager 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 Construction Manager will be required to complete the permit application on file with their appropriate company and contact information. The Construction Manager will pay associated permit and inspection fees, as required by the county, local water service, and power service, or any other permitting agency as necessary for connection to utilities. The Work shall include, but not be limited to, all work shown and listed in the project drawings and specifications. The Construction Manager is required to provide a complete job as contemplated by the 90% Construction Documents. The Construction Manager shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Work, unless otherwise specifically stated. The project will be considered complete when turned over to the County for occupancy and use as a fully functional and operational Key West International Airport Passenger Concourse facility as deemed acceptable by the County. The Construction Manager shall be responsible for complying with regulations, approvals, and permitting by the: Monroe County Growth Management, Monroe County Building Department, Fire Marshal, Monroe County Fire Department, and any other permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. 2.3.1 In accordance with the Request for Proposals (RFP) issued to secure the services of the Construction Manager, and the Pre-Construction Activities agreement entered into on September 15, 2021, between the Owner and the Construction Manager, the Owner reserves the right, at the Owner's sole discretion, to issue Direct Purchase Orders for applicable materials, supplies, equipment, etc. to be utilized in this project. ARTICLE 3 Date of Commencement, Contract Time and Liquidated Damages 3.1 The date of commencement is the date to be fixed in Notice(s) to Proceed (NTP) issued by the Owner, in writing, following the execution by the parties of the GM P Amendment(s). Owner shall issue 2 NTP's for each GMP Amendment as follows: Owner shall issue an NTP for Administration and Permitting only, and a second NTP for Construction. PRIME CONTRACT Page 3 of 186 3.2 Time is of the essence with respect to performance of Work under this Contract. Construction Manager shall commence the Construction Phase Services of the Work within five (5) calendar days after issuance of the second Notice to Proceed for construction, unless a later date is established in writing by the Owner. Any work performed by the Construction Manager prior to execution of this Agreement shall be at the sole risk of the Construction Manager. No work performed prior to issuance of the Notice to Proceed shall be reimbursed. 3.3 Owner and Construction Manager recognize that since time is of the essence, the Owner will suffer financial loss if the Work associated with this Agreement is not completed within the times specified on the Project Schedule, as said time may be adjusted as provided for herein. In such event, the Owner's damages will be difficult, if not impossible, to ascertain and quantify definitively, because this is a public construction project that will, when completed, benefit the public and enhance the services to, and movement of, passengers at Key West International Airport in Monroe County, Florida. It is hereby agreed that it is appropriate and fair that Owner should receive liquidated damages as specified herein from Construction Manager, if Construction Manager causes the commercial ramp to remain closed beyond 6:30 a.m. or fails to substantially complete the Work covered by this Agreement within the required time period. For the purpose of this Article, the term "day" means a calendar day, to include Monday through Sunday and holidays recognized by the County. The Construction Manager shall not be held responsible for any delays caused by the Design Professional or Owner. Construction Manager hereby knowingly and expressly waives and relinquishes any right which it may have to seek to characterize the above liquidated damages as a penalty. 3.3.1 Work affecting the operation of the Commercial Ramp Construction Manager understands, acknowledges, and agrees that timely Performance of the Work is especially time critical for the work that requires the closure of the commercial ramp, as any delays, however transitory, with respect to the completion of that work will have an immediate impact on airport operations being conducted concurrently with performance of the Work. Accordingly, Construction Manager acknowledges and represents that Construction Manager has included in the Contract Sum any and all costs for the necessary and experienced supervisory personnel, manpower, materials and subcontractors needed to complete the aforesaid work as may be performed and which will require the closure of the commercial ramp from 10:00 pm to 6:00 am. For any delays in the performance of said work and the re-opening of the commercial ramp by 6:30 a.m., the Owner shall assess the sum of $1,000 per every 15 minutes beyond 6:30 a.m. that the commercial ramp remains closed. This assessment is immediate, and irrespective of demonstrating that the delay(s) do or do not affect the overall contract completion time. 3.3.2 For every calendar day the Construction Manager fails to achieve Substantial Completion of the Work within the required time period, Owner shall be entitled to receive the sum of $10,000.00 per day up to 45-days and $5,000.00 per day beyond 45-days as liquidated damages. PRIME CONTRACT Page 4 of 186 ARTICLE 4 Compensation for the Work 4.1 The Total Estimated Project Budget is of $100,349,259.00 (One hundred million three hundred forty-nine thousand two hundred fifty-nine dollars and no cents) based on the current program as set forth below: 4.1.1 In the GMP Amendments (Contract Sum) to be approved by the BOCC for the project currently established as $97,426,465.00 (Ninety- seven million four hundred twenty-six thousand four hundred sixty-five dollars and no cents), and 4.1.2 plus the Owner Controlled Allowance: the Owner Controlled Allowance shall be a set an amount equivalent to 3% of the hard construction costs as determined by the Owner and currently established as $2,922,794.00 (Two million nine hundred twenty-two thousand seven hundred ninety-four dollars and no cents). 4.2 Owner Controlled Allowance is an amount established in the contract documents for inclusion in the Contract Sum which provides for additional money and/or time to perform unknown or unanticipated work as directed and approved by the Owner. Upon the receipt of the Owner's prior written approval for the use of funds from the Owner Controlled Allowance, the approved amount shall be included in a GMP Amendment. Any unused balance of the Owner Controlled Allowance shall revert to the Owner. 4.3 For the Construction Manager's performance of the Work, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the sum of (i) the Cost of the Work (as defined in Article 5), (ii) the Construction Manager's Fee ("CM Fee"), (iii) the General Conditions Payments, and (iv) bonding and insurance costs, all of which shall be listed in a GMP Amendment. A GMP Amendment shall define the Scope of Work and Contract Sum for a portion of the Project for which the design documents have been sufficiently completed. Each GMP Amendment shall be individually agreed-upon and executed by the Parties. The total Contract Sum shall be the sum of all GMP Amendments. If after good faith negotiations between Construction Manager and Owner and the Owner and Construction Manager are unable to agree on the terms of a Guaranteed Maximum Price Amendment, Owner shall have the sole and exclusive option, upon providing Construction Manager with a ten (10) day written notice, to terminate Construction Manager consistent with the provisions of Article 14 of the General Conditions, including but not limited to Owner's right to assignment from Contractor of any Subcontracts, vendor or supplier Contracts. In the event of termination in accordance with this provision, Owner shall only be obligated to pay Contractor for the costs of work incurred prior to the date of termination. 4.3.1 The Construction Manager Fee ("CM Fee) shall be a fixed amount of Dollars based on a 2.95 percentage (2.95%) of the Cost of the Work (as defined in Article 5) for each GMP Amendment. 4.3.2 Bonds and Insurance Payment. The Owner shall compensate the Construction Manager for its actual bonding costs and for the Construction Manager's actual insurance costs. The Owner shall compensate the Construction Manager for its actual costs to purchase a project specific Builder's Risk insurance policy based on the requirements of Exhibit B. PRIME CONTRACT Page 5 of 186 These amounts shall be paid in the first Application for Payment for each GMP Amendment. 4.3.3 General Conditions. Each GMP Amendment shall define the scope and price for the Construction Manager's General Conditions services and items included therein as a Lump Sum Amount and paid in equal monthly payments. The General Conditions items and services shall be listed and included as an exhibit to the GMP Amendment(s). 4.4 At the time of the submission of the Final Pay Application, the Construction Manager will provide to the Owner or its representative a reconciliation of the final job cost detail for the project to the final Schedule of Values by line item. Construction Manager guarantees that in no event shall the Construction Management Fee and the total Cost of the Work exceed the GMP, as the GMP may be adjusted pursuant to the terms herein for Change Orders and Construction Change Directives. 4.5 As a condition precedent for any payment due under this Agreement, the Construction Manager shall submit a proper invoice to the County requesting payment for services properly rendered and reimbursable expenses due hereunder. Said invoice shall be submitted at least monthly, unless the Owner specifies otherwise in writing. The Construction Manager's invoice shall describe with reasonable particularity the service rendered. The Construction Manager's invoice shall be accompanied by documentation of Cost of the Work (copies of Subcontractors and material suppliers' requisitions), monthly General Conditions costs (calculated by dividing the lump sum General Conditions by the duration of the GMP Amendment(s) in months), Bond and Insurance, and Construction Manager's Fee and such documentation or data in support of expenses for which payment is sought as the County may require. ARTICLE 5 Cost of the Work 5.1 Cost to Be Reimbursed. 5.1.1 The term Cost of the Work shall mean costs, or the rates as set forth below in Paragraphs 5.1 to 5.7 which are necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall not include the costs explicitly stated in Paragraph 5.8. Notwithstanding the breakdown or categorization of any costs to be reimbursed in Article 5 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event of any particular item for which payment is requested that can be characterized as falling into more than one of the types of compensable or reimbursable categories. Construction Manager shall be obliged to pursue, including after the close out of the Project, available insurance for recovery of any Costs of the Work and any proceeds recovered less the unreimbursed costs of such pursuit shall be paid to Owner if such costs had been previously paid by Owner. 5.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain written approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing a GMP Amendment. 5.1.2.1 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior written approval of the Owner. PRIME CONTRACT Page 6 of 186 5.2 Labor Costs. 5.2.1 Wages of the construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off- site workshops. 5.2.2 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments, and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, vacations, and pensions, provided such costs are based on wages and salaries of the construction workers referred to in Paragraph 5.2.1. 5.3 Subcontract Costs. 5.3.1 Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and costs incurred by the Construction Manager in support of Subcontractors including labor, equipment, materials, and bonds/sub guard, as applicable. 5.4 Costs of Materials and Equipment Incorporated in the Completed Construction. 5.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 5.4.2 Costs of materials described in the preceding Paragraph 5.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. With Owner's prior approval, unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. Construction Manager shall evaluate such materials to see if they are appropriate for Owner's attic stock, if any. 5.5 Costs of Materials and Equipment, Temporary Facilities and Related Items. 5.5.1 Costs of General Requirements including, but not limited to, transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools that are not fully consumed shall be based on the cost of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. 5.5.2 Rental charges for temporary facilities, trailers, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. 5.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. 5.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. PRIME CONTRACT Page 7 of 186 5.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. 5.6 Miscellaneous Costs 5.6.1 Any costs incurred related to procuring, purchasing, and maintaining insurance acquired specifically for the Project or insurance of either partner of the Construction Manager over and above that included in Paragraph 4.1.2, which is applicable to the Project, as well as any deductibles incurred in connection with such policies. 5.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager, subcontractors or suppliers are liable. 5.6.3 Fees and assessments for the building permit and for other permits, licenses, and inspections for which the Construction Manager is required by the Contract Documents to pay. 5.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded or by other provisions of the Contract Documents, and which do not fall within the scope of Paragraph 5.7.3. 5.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent, unless the Contractor had reason to believe that the required design, process or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the CM Fee. 5.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. 5.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. 5.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld, provided such costs arise from the assertion of a good faith claim or defense. 5.7 Other Costs and Emergencies 5.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. 5.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property, and where such threatened damages, injury or loss was not negligently caused by the Construction Manager or its forces. PRIME CONTRACT Page 8 of 186 5.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligent failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. 5.7.4 The costs described in Paragraphs 5.1 through 5.7 shall be included in the Cost of the Work, notwithstanding any other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Paragraph 5.8. 5.8 Costs Not to Be Reimbursed 5.8.1 The Cost of the Work shall not include the items listed below: 1 Wages or salaries of the Construction Manager's personnel whose job titles are listed in Exhibit C as part of General Conditions; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Contractor's principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article 5.1 -5.7 inclusive; .5 The Construction Manager's capital expenses, including interest on the Contractor's capital employed for the Work; .6 Costs due to the negligent failure of the Construction Manager to fulfill a specific responsibility of the Contract; .7 Any cost not specifically and expressly described in Paragraphs 5.1 to 5.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; .9 Any liquidated damages due under this Agreement; .10 Any of the Construction Manager's federal, state, or local income taxes or franchise or personal or real property; .11 Replacement or payment for lost or stolen machinery and equipment resulting from the negligence of Construction Manager. 5.8.2 Related Party Transactions For purposes of this Section 5.8.2, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. 5.8.2.1 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to Article 5 of the General Conditions. If the Owner fails to PRIME CONTRACT Page 9 of 186 authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to Article 5 of the General Conditions. ARTICLE 6 Progress Payments 6.1 Based upon Applications for Payment submitted by the Construction Manager to the RPR/CA, and upon approval for payment issued by the RPR/CA and Architect/Engineer, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. 6.2 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: 6.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 6.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Construction Manager 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 RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 6.5 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. 6.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 6.6.1 Take that portion of the Contract Sum properly allocable to completed Cost of the Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, add that portion of the General Conditions, add that portion of the CM Fee calculated by multiplying the CM Fee amount by the percent complete of the Cost of the Work plus the General Conditions, plus the Bond and Insurances costs less retainage of 5% on the applicable items. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Construction Manager 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 Architect/Engineer. 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. 6.6.2 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 PRIME CONTRACT Page 10 of 186 construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 6.6.3 Subtract the aggregate of previous payments made by the Owner; and 6.6.4 Subtract amounts, if any, for which the Architect/Engineer has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 6.7 The Schedule of Values may include a line item for Mobilization that includes the documented amounts for the cost of bonds, insurance and permits. 6.8 From the total of the amount determined to be payable on a progress payment, 5% of such total amount will be deducted and retained by the Owner for protection of the Owner's interests. Retainage shall not be held against Construction Manager's personnel, General Conditions, Bond, Insurance or Fees. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: 6.8.1 Construction Manager may request release of retainage on work that has been partially accepted by the Owner in accordance with Article 9.9 of the General Conditions of the Contract (Section 00750). Construction Manager must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. 6.8.2 In lieu of retainage, the Construction Manager may exercise at its option the establishment of an escrow account per section 6.9. 6.8.3 The Construction Manager is required to pay all subcontractors for satisfactory performance of their subcontracts no later than 30 days after the Construction Manager has received payment for subcontractor's work. Construction Manager must provide the Owner evidence of prompt and full payment of retainage held by the Construction Manager to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed and receipt of such payment from the Owner. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. 6.8.4 When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value or the estimated cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Construction Manager. 6.9 At the Construction Manager's option, he/she may request that the owner accept, in lieu of the 5% on progress payments, the Construction Manager's deposits in escrow under the following conditions. 6.9.1 The Construction Manager shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. PRIME CONTRACT Page 11 of 186 6.9.2 The Construction Manager shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 5% that would otherwise be withheld from partial payment. 6.9.3 The Construction Manager shall enter into an escrow agreement satisfactory to the owner. 6.9.4 The Construction Manager shall obtain the written consent of the surety to such agreement. ARTICLE 7 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work as provided in 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 RPR/CA. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Construction Manager's Affidavit of Debts and Claims (5) Construction Manager's Affidavit of Release of Liens (6) Final Release of Lien (7) Construction Manager shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). PRIME CONTRACT Page 12 of 186 ARTICLE 8 Miscellaneous Provisions 8.1 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 8.2 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 funding ceases prior to completion of Work under this Agreement, the Construction Manager shall be entitled to receive payment in accordance with General Conditions Article 14.2.3. 8.3 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as Construction Manager, supplier, subcontractors, or consultants under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Construction Manager represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of terms of this Paragraph 8.3 shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Construction Manager further represents that there has been no determination, based on an audit, that it or any subcontractors has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Construction Manager or subcontractors has been placed on the convicted vendor list. Construction Manager shall promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list 8.4 Miscellaneous. a) Construction Manager shall maintain all books, records, and documents directly pertinent to performance of any and all work under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Construction Manager PRIME CONTRACT Page 13 of 186 pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Construction Manager, the Construction Manager shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Construction Manager 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 Construction Manager 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. The parties agree that both parties participated equally in the drafting of this Agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Construction Manager 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 Construction Manager agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Construction Manager and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Construction Manager and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. PRIME CONTRACT Page 14 of 186 h) Adjudication of Disputes or Disagreements. County and Construction Manager agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Construction Manager agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Construction Manager specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII 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 Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Construction Manager covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. PRIME CONTRACT Page 15 of 186 1) Code of Ethics. The parties understand and agree that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Construction Manager 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 Construction Manager agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Construction Manager 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 Construction Manager 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 Construction Manager in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Construction Manager. Failure of the Construction Manager to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Construction Manager is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Construction Manager does not transfer the records to the County. PRIME CONTRACT Page 16 of 186 (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Construction Manager or keep and maintain public records that would be required by the County to perform the service. If the Construction Manager transfers all public records to the County upon completion of the contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the contract, the Construction Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to 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 Construction Manager of the request, and the Construction Manager must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Construction Manager does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Construction Manager. A Construction Manager who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Construction Manager 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 CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Construction Manager and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- PRIME CONTRACT Page 17 of 186 insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Construction Manager agree that neither the County nor the Construction Manager or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Construction Manager agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement and a Vendor Certification Regarding Scrutinized Companies Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, to the extent permitted by law the Construction Manager shall defend, indemnify and hold harmless the Owner and PRIME CONTRACT Page 18 of 186 its officers and employees from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ( other than the Work itself), but only to the extent caused by the negligent acts or omissions, recklessness or intentional wrongful misconduct of the Construction Manager, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Construction Manager shall be subject to the assessment of liquidated damages in accordance with Article 3. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager, the Construction Manager agrees and warrants that the Construction Manager 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 Construction Manager is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and Construction Managers 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 Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Construction Manager subcontracts any or all of the work in this project to any third party, the Construction Manager specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Construction Manager specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. PRIME CONTRACT Page 19 of 186 8.5 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Construction Manager: Gilberto Neves NV2A Gulf Keystar, a Joint Venture, LLC. 5450 MacDonald Ave. #3 Key West, FL 33040 For Owner: Director of Airports and County Attorneys Office Key West International Airport 1111 12th St., Suite 408 3491 South Roosevelt Boulevard Key West, Florida 33040 Key West, Florida 33040 8.6 Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R. § 200.38, the following provisions from 2 C.F.R. part 200 apply to this Agreement: a) Audit of records. Construction Manager shall grant to the County, the Federal Aviation Administration, Florida Department of Transportation, the Federal Government, and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FAA or FDOT, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FAA, FDOT, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Construction Manager, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Construction Manager may appeal any such finding or ruling. If such appeal is unsuccessful, the Construction Manager shall agree that the amounts paid to the Construction Manager shall be adjusted accordingly, and that the Construction Manager shall, within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non- allowable. Construction Manager shall comply with federal and/or state laws authorizing an audit of Construction Manager's operation as a whole, or of specific Project activities. b) Equal Employment Opportunity During the performance of this Agreement, the Construction Manager, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract PRIME CONTRACT Page 20 of 186 Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: (1) The Construction Manager will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Construction Manager will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Construction Manager agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Construction Manager will, in all solicitations or advertisements for employees placed by or on behalf of the Construction Manager, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Construction Manager will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Construction Manager's legal duty to furnish information. (4) The Construction Manager will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Construction Manager's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Construction Manager will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. PRIME CONTRACT Page 21 of 186 (6) The Construction Manager will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Construction Manager's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Construction Manager may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Construction Manager will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Construction Manager will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. c) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. d) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). PRIME CONTRACT Page 22 of 186 e) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OM B guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. f) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Construction Managers that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. g) Procurement of recovered materials as set forth in 2 CFR § 200.322. Construction Manager must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. h) Americans with Disabilities Act of 1990 (ADA) —The CONSTRUCTION MANAGER will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSTRUCTION MANAGER pursuant thereto. i) E- Verify. The Construction Manager shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Construction Manager 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 Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the Contract term. j) No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Construction Manager, or any other party pertaining to any matter resulting from PRIME CONTRACT Page 23 of 186 the contract. k) Program Fraud and False or Fraudulent Statements or Related Acts. The Construction Manager acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Construction Manager's actions pertaining to this contract. 1) Uncontrollable Circumstance - Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God, pandemics; (b) flood, fire, earthquake, explosion, adverse weather conditions not reasonably anticipatable according to NOAA, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a"Uncontrollable Circumstance"). Construction manager'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 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance to ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County nor the Construction Manager will pay any additional cost as a result of an Uncontrollable Circumstance during the first 45 days of delay due to such uncontrollable circumstance. Should the delays due to uncontrollable circumstance extend beyond 45 days, the Parties shall meet and negotiate in good faith any costs to be reimbursed from said event. m)Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology PRIME CONTRACT Page 24 of 186 Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. n) Domestic preference for procurements as set forth in 2 CFR §200.322. - The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. o) Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS i) If the Construction Manager,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Construction Manager shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. ii) Affirmative steps must include: PRIME CONTRACT Page 25 of 186 (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner or Contract as provided in Article 14 of the General Conditions. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW PRIME CONTRACT Page 26 of 186 SIGNATURE PAGE This Agreement is entered into as of the day and year first written above and is executed in at —-stet two (2) original copies of which one(1) is to be delivered to the Construction Manager. 3.6 �3 .'6' '"' BOARD OF COUNTY COMMISSIONERS 7'):- evin Madok, Clerk OF MONROE COUNTY, FLORIDA _. A v� r e1 I Bys �epuerk a " ,,a o 4„ '*, Date: Witnesses: CONSTRUCTION/ •1 'AGER AT RISK By: By: 411,./ Print Name: Print Name.' i berto "eves Date: Title: N 17A Gulf Keystar JV Representative Date: 1 July 2022 By: Print Name: Date: - rJ ... ram. '71 MO COUNTY - "'' AS ASS PEDRO J.M CADO Date 27___ • PRIME CONTRACT Page 27 of 186 ,�,4k2 SPECIFICATIONS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Construction Manager Quality Control Plan Section 01015 Construction Manager's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties EXHIBITS Exhibit A— Dept of Labor Wage Determination Exhibit B — Insurance Requirements Exhibit C —General Conditions PRIME CONTRACT Page 28 of 186 Section 00750 General Conditions of the Contract for Construction Table of Articles 1. General Provisions 2. Owner 3. Construction Manager 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract GENERAL CONDITIONS 00750- Page 29 of 186 SECTION 00750 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Construction Manager, 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 Construction Manager'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 RPR/CA. 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/Engineer and Construction Manager, (2) between RPR/CA and Construction Manager, (3) between the Architect/Engineer and the RPR/CA, (4) between the Owner and a Subcontractor or(5) between any persons or entities other than the Owner and Construction Manager. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of the RPR/CA and Architect/Engineer. 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 Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the County or the RPR/CA. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. GENERAL CONDITIONS 00750- Page 30 of 186 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Construction Manager is a representation that the Construction Manager has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Should Construction Manager encounter Concealed or Unknown Conditions, such conditions shall be treated in accordance with paragraph 4.7.2 and 4.7.6. 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 Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Construction Manager 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 Construction Manager in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect/Engineer's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect/Engineer are instruments of the Architect/Engineer's service through which the Work to be executed by the Construction Manager is described. The Construction Manager may retain one contract record set. Neither the Construction Manager 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/Engineer. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the RPR/CA, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect/Engineer, and copies thereof furnished to the Construction Manager, are for use solely with respect to the Project. They are not to be used by the Construction Manager or any Subcontractor, Sub- subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect/Engineer appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect/Engineer. Submittal or distribution to meet GENERAL CONDITIONS 00750- Page 31 of 186 official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from RPR/CA at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11"x 17" drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or(3)the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner' means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments, and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, except for permits and fees which are the responsibility of the Construction Manager under the Contract Documents. It is the Construction Manager'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 Construction Manager will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. GENERAL CONDITIONS 00750- Page 32 of 186 2.2.6 The Owner shall forward all communications to the Construction Manager and may contemporaneously provide the same communications to the Architect/Engineer. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Construction Manager fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Construction Manager 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 Construction Manager or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Construction Manager 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 Construction Manager a second written notice to correct such deficiencies within a three- day period. If the Construction Manager 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 Construction Manager the cost of correcting such deficiencies, including compensation for another Construction Manager or subcontractor or the RPR/CA's and Architect/Engineer's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Construction Manager are not sufficient to cover such amounts, the Construction Manager 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 the RPR/CA, notice will be given, and Construction Manager is required to rectify any deficiency immediately. 3.0 CONSTRUCTION MANAGER 3.1 Definition 3.1.1 The Construction Manager 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 "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. GENERAL CONDITIONS 00750- Page 33 of 186 3.1.2 The plural term "Construction Managers" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the County and/or the RPR/CA, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Construction Manager 3.2.1 The Construction Manager shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the RPR/CA and Architect/Engineer errors, inconsistencies or omissions discovered. The Construction Managers review shall be conducted in its capacity as a Construction Manager and not as a Design Professional. The Construction Manager shall not be liable to the Owner, the RPR/CA or Architect/Engineer for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Construction Manager recognized such error, inconsistency or omission and knowingly failed to report it to the RPR/CA and Architect/Engineer. If the Construction Manager performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the RPR/CA and Architect/Engineer, the Construction Manager shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Construction Manager shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Construction Manager with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the RPR/CA and Architect/Engineer at once. 3.2.3 The Construction Manager shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Construction Manager shall supervise and direct the Work, using the Construction Manager's best skill and attention. The Construction Manager 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 the RPR/CA as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Construction Manager shall be responsible to the Owner for acts and omissions of the Construction Manager's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Construction Manager. 3.3.3 The Construction Manager shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the County in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Construction Manager. GENERAL CONDITIONS 00750- Page 34 of 186 3.3.4 The Construction Manager shall inspect portions of the Project related to the Construction Manager's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Construction Manager shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Construction Manager will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Construction Manager shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Construction Manager shall enforce strict discipline and good order among the Construction Manager's employees and other persons carrying out the Contract. The Construction Manager shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Construction Manager is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Construction Manager's employee is determined to be detrimental to the Project, as deemed by the Director of Airports, the Construction Manager will remove and/or replace the employee at the request of the Director of Airports. Employees dismissed from the project will be transported from the job site at the Construction Manager's expense. 3.4.4 The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Construction Manager shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Construction Manager agrees to cooperate with the RPR/CA, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Construction Manager warrants to the Owner, the RPR/CA and Architect/Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Construction Manager's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Construction Manager, improper or insufficient maintenance, improper operation, or normal wear and tear under GENERAL CONDITIONS 00750- Page 35 of 186 normal usage. If required by the RPR/CA, the Construction Manager shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.2 Construction Manager shall conduct, jointly with the Owner, a warranty inspection at six (6) and eleven (11) months after the date on which Substantial Completion is achieved. 3.5.3 In addition to any other right or remedy available to Owner at law or in equity, including but not limited to any implied warranties to which Owner maybe entitled as a matter of law, Construction Manager expressly warrants to Owner that it shall promptly correct, on receipt of written notice from Owner, any portion of the Work which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to safety or security, Owner shall advise Construction Manager of such condition and unless Construction Manager can take immediate action to correct the defective or non-conforming work, Owner shall be entitled to correct and fix such defective or nonconforming portion of the Work and Construction Manger shall reimburse Owner for all costs and expenses incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one (1) year from the date on which Substantial Completion was achieved, unless a longer period of time is specified in the Contract Documents. 3.5.4 The Construction Manager shall obtain, assign and deliver to the Owner all express warranties given to the Construction Manager by any subcontractor or materialman supplying materials, equipment, fixtures or furnishings to be incorporated into the Project. 3.6 Taxes 3.6.1 The Construction Manager shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Construction Manager which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Construction Manager shall secure and pay for all permits, licenses, inspections, testing, and surveys required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Construction Manager will be reimbursed for all building permit costs or impact fees required for this project which may be included in the Mobilization cost. The Construction Manager shall secure and pay for all building permits and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Construction Manager 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 Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Construction Manager observes that portions GENERAL CONDITIONS 00750- Page 36 of 186 of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the RPR/CA, Architect/Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the RPR/CA, Architect/Engineer and Owner, the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 Superintendent 3.8.1 The Construction Manager 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 Construction Manager, and communications given to the superintendent shall be as binding as if given to the Construction Manager. 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 the County and shall not be changed except with the consent of the County, unless the superintendent proves to be unsatisfactory to the Construction Manager or ceases to be in his employ. 3.9 Construction Manager's Construction Schedule 3.9.1 The Construction Manager, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect/Engineer's information and the County's approval a Construction Manager'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 the RPR/CA's approval. 3.9.2 The Construction Manager shall cooperate with the County in scheduling and performing the Construction Manager's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.9.3 The Construction Manager shall conform to the most recent schedules. 3.9.4 The County will schedule and conduct a project meeting at a minimum of one (1) meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. The Construction Manager shall submit an updated schedule construction schedule with the submission of each progress payment request. 3.10 Documents and Samples at the Site 3.10.1 The Construction Manager shall maintain at the site for the Owner one (1) record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good GENERAL CONDITIONS 00750- Page 37 of 186 order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the County and Architect/Engineer and shall be delivered to the County for submittal to the Owner upon completion of the Work. 3.11 Shop Drawings, Product Data and Samples 3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work. 3.11.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Construction Manager proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the RPR/CA is subject to the limitations of Subparagraph 4.6.12. 3.11.5 The Construction Manager shall review, approve and submit to the County, in accordance with the schedule and sequence approved by the County, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Construction Manager shall cooperate with the County in the coordination of the Construction Manager's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Construction Manager which are not required by the Contract Documents may be returned without action. 3.11.6 The Construction Manager 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 the County. Such Work shall be in accordance with approved submittals. 3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.11.8 The Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the County's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the County and Architect/Engineer in writing of such deviation at the time of submittal and the County has given written approval to the specific deviation. The GENERAL CONDITIONS 00750- Page 38 of 186 Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by County's approval thereof. 3.11.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the RPR/CA and Architect/Engineer on previous submittals. 3.11.10 Informational submittals upon which the County is not expected to take responsive action may be so identified in the Contract Documents. 3.11.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the County and Architect/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.12 If materials specified in the Contract Documents are not available on the present market, the Construction Manager may submit data on substitute materials to the County for approval by the Owner. 3.11 Use of Site 3.11.1 The Construction Manager shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.11.2 The Construction Manager shall coordinate the Construction Manager's operations with, and secure the approval of, the County before using any portion of the site. 3.12 Cutting and Patching 3.12.1 The Construction Manager 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. 3.12.2 The Construction Manager 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 Construction Manager shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the County, Owner and such other contractors: such consent shall not be unreasonably withheld. The Construction Manager shall not unreasonably withhold from the other Contractors or the Owner the Construction Manager's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of the County shall also be required. The Construction Manager shall not unreasonably withhold from the County or any separate contractor his/her consent to cutting or otherwise altering the Work. 3.12.3 The Construction Manager shall arrange for any blockouts, cutouts, or openings required for the installation of his/her materials and equipment and the execution of his/her work, whether or not shown or indicated on the Drawings. The Construction Manager shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any GENERAL CONDITIONS 00750- Page 39 of 186 applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.14 Cleaning Up 3.14.1 The Construction Manager shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Construction Manager shall remove from and about the project waste materials rubbish, the Construction Manager's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 3.14.2 If the Construction Manager fails to clean up as provided in the Contract Documents, the County may do so and the cost thereof shall be charged to the Construction Manager. 3.15 Access to Work 3.15.1 The Construction Manager shall provide the Owner, the RPR/CA and Architect/Engineer access to the Work in preparation and progress wherever located. 3.16 Royalties and Patents 3.16.1 The Construction Manager shall pay all royalties and license fees. The Construction Manager shall defend suits or claims for infringement of patent rights and shall hold the Owner, the RPR/CA and Architect/Engineer harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Construction Manager has reason to believe that the required design, process or product is an infringement of a patent, the Construction Manager shall be responsible for such loss unless such information is promptly furnished to the Architect/Engineer and County. 3.17 Indemnification and Hold Harmless 3.17.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, to the extent permitted by law the Construction Manager shall defend, indemnify and hold harmless the Owner and its officers and employees from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ( other than the Work itself), but only to the extent caused by the negligent acts or omissions, recklessness or intentional wrongful misconduct of the Construction Manager, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. GENERAL CONDITIONS 00750- Page 40 of 186 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Construction Manager shall be subject to the assessment of liquidated damages in accordance with Article 3. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager, the Construction Manager agrees and warrants that the Construction Manager 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 Construction Manager is for the indemnification provided for the above. 3.18 Limitation of Construction Manager's Liability. 3.18.1 Notwithstanding any other provision of the Contract Documents, to the extent permitted by applicable law and to the extent not covered by an insurance policy required under this Agreement, the Owner will not seek indemnification and defense under the Contract Documents or seek to recover damages, whether based in contract, in tort or on statutes, from the Construction Manager resulting from performance or lack of performance of the Contract Documents in excess of the Construction Manager's fees; provided however, that this limitation of liability shall not limit the liquidated damages paid under this Agreement, the Surety's obligation under the terms and conditions of the performance bond nor limit the obligations under the required insurance policies. 3.18.2 The Construction Manager's liability for Liquidated Damages shall be a maximum of $1,500,000.00. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect/Engineer" means the Architect/Engineer or the Architect/Engineer's authorized representative. 4.2 RPR/CA 4.2.1 RPR/CA 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 "RPR/CA" means Jacob's Project Management Co. authorized representative. 4.3 Duties, responsibilities and limitations of authority of the RPR/CA and Architect/Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, the RPR/CA, Architect/Engineer and Construction Manager. Consent shall not be unreasonably withheld. GENERAL CONDITIONS 00750- Page 41 of 186 4.4 In case of termination of employment of Architect/Engineer, the Owner shall appoint an Architect/Engineer whose status under the Contract Documents shall be that of the former Architect/Engineer. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 The RPR/CA and Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The RPR/CA and Architect/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 The RPR/CA and Architect/Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 The RPR/CA will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Construction Manager, who shall cooperate with them. The Construction Manager shall participate with other Contractors and the RPR/CA and Owner in reviewing their construction schedules when directed to do so. The Construction Manager 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 Construction Manager, other Contractors, the RPR/CA and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 The RPR/CA and/or Architect/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the RPR/CA and/or Architect/Engineer 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/Engineer, the RPR/CA will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 The RPR/CA will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Construction Manager's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Construction Manager's failure to carry out the Work in accordance with the Contract Documents. Neither the RPR/CA nor the Architect/Engineer will have control over, or charge of, or be responsible for acts or omissions of the Construction GENERAL CONDITIONS 00750- Page 42 of 186 Manager, 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 Construction Manager shall communicate through the RPR/CA, and shall contemporaneously provide the same communications to the Architect/Engineer. Communications by and with the Architect/Engineer's consultants shall be through the Architect/Engineer. Communications by and with Subcontractors and material suppliers shall be through the Construction Manager. Communications by and with other Contractors shall be through the RPR/CA and shall be contemporaneously provided to the Architect/Engineer. 4.6.8 The RPR/CA will review and certify all Applications for Payment by the Construction Manager, including final payment. After reviewing and certifying the amounts due the Construction Manager, the Construction Manager's Application for Payment will be processed by the RPR/CA. 4.6.9 Based on the RPR/CA's observations and evaluations of Construction Manager's Applications for Payment, the RPR/CA will certify the amounts due the Construction Manager and will issue a Project Approval for Payment. 4.6.10 The RPR/CA and/or the Architect/Engineer will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the RPR/CA. Subject to review, the RPR/CA will have the authority to reject Work which does not conform to the Contract Documents. Whenever the RPR/CA considers it necessary or advisable for implementation of the intent of the Contract Documents, the RPR/CA 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 the RPR/CA 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/Engineer. However, neither the Architect's/Engineer's nor the RPR/CA's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer or the RPR/CA to the Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 The Architect/Engineer will receive from the Construction Manager and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. The Architect/Engineer actions will be taken with such reasonable promptness as to cause no delay in the Work of the Construction Manager or in the activities of other Contractors or the Owner, but in no event more than fourteen (14) days. 4.6.12 The Architect/Engineer will review and approve or take other appropriate action upon the Construction Manager's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and GENERAL CONDITIONS 00750- Page 43 of 186 the design concept expressed in the Contract Documents. The Architect/Engineer 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 Construction Manager or in the activities of the other Contractors, the Owner, or the RPR/CA, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Construction Manager as Construction Manager as required by the Contract Documents. The Architect/Engineer review of the Construction Manager's submittals shall not relieve the Construction Manager of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of any construction means, methods, techniques, sequences or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The RPR/CA will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, the RPR/CA 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 Construction Manager will assist the RPR/CA in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the RPR/CA written warranties and related documents required by the Contract and assembled by the Construction Manager. The RPR/CA will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 The RPR/CA 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 the Contract Documents. 4.6.17 The RPR/CA will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Construction Manager. The RPR/CA's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the RPR/CA shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the RPR/CA to furnish such interpretations until fifteen (15) days after written request is made for them. 4.6.18 Interpretations and decisions of the RPR/CA and Architect/Engineer 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, the RPR/CA and the Architect/Engineer will endeavor to secure faithful performance by both Owner and Construction Manager, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. GENERAL CONDITIONS 00750- Page 44 of 186 4.6.19 The RPR/CA's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Construction Manager arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Construction Manager and the Owner shall try to resolve the claim or dispute with meetings and conference sessions to be commenced within fifteen (15) days of the notice of claim under Section 4.7.1. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Construction Manager seeks to make a claim for an increase in the contract price, as a condition precedent to any liability of the Owner therefore, unless emergency conditions exist, the Construction Manager shall strictly comply with the requirements of this Section and such claim shall be made by the Construction Manager 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 Construction Manager of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; GENERAL CONDITIONS 00750- Page 45 of 186 .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. The RPR/CA will promptly investigate such conditions and if the RPR/CA determines that they differ materially and cause an increase or decrease in the Construction Manager's cost or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made to the Contract Sum or Contract Time, or both, via a Change Order. If the Construction Manager disagrees with the RPR/CA's determination, the parties will follow the procedure in paragraph 4.7.2. In the event the Concealed or Unknown Conditions affects the Project Schedule and/or Contract Sum, Construction Manager shall proceed with a Claim for Cost or Credit (including General Conditions, Insurance and Bond) in accordance with paragraph 4.7.7, and/or a Claim for Time in accordance with paragraph 4.7.8 and be entitled to a Change Order for the documented and reasonable cost and schedule impacts. 4.7.6.1 As a condition precedent to the Owner having any liability to the Construction Manager due to concealed and unknown conditions, the Construction Manager must give the Owner and Architect/Engineer written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Construction Manager to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Construction Manager of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Construction Manager wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Construction Manager believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the RPR/CA, (2) a written order for a minor change in the Work issued by the RPR/CA, (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 Construction Manager against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Construction Manager shall be strictly limited and computed in accordance with the contract documents and shall in no event include consequential damages of the Construction Manager or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Construction Manager wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. GENERAL CONDITIONS 00750- Page 46 of 186 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 4.7.10 Limited Mutual Waiver of Claims for Consequential Damages. 4.7.10.1 Notwithstanding anything to the contrary and to the extent not covered by insurance coverages required under the Contract Documents, the Construction Manager and Owner waive Claims against each other for consequential damages arising out of or relating to the Contract Documents. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; .2 damages incurred by the Construction Manager for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated Construction Manager's Fee arising directly from the Work; 3. punitive damages This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination as provided elsewhere in this Agreement. Nothing contained in this Section 4.7.10.1 shall be deemed to preclude an assessment of liquidated damages to the Owner or extended general conditions, when applicable, in accordance with the requirements of the Contract Documents. 5.0 SUBCONTRACTORS AND SUB-SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Construction Manager to perform a portion of the Work at the site. The term "Subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor' does not include other Contractors or subcontractors of other Contractors. GENERAL CONDITIONS 00750- Page 47 of 186 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Construction Manager, as soon as practicable after award of the Contract, shall furnish in writing to the RPR/CA for review by the Owner and the RPR/CA 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. The RPR/CA will promptly reply to the Construction Manager in writing stating whether or not the Owner or the RPR/CA, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the RPR/CA to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Construction Manager shall not contract with a proposed person or entity to which the Owner or the RPR/CA has made reasonable and timely objection. The Construction Manager shall not be required to contract with anyone to whom the Owner or the RPR/CA has made reasonable objection. 5.2.3 If the Owner or the RPR/CA refuses to accept any person or entity on a list submitted by the Construction Manager in response to the requirements of the Contract Documents, the Construction Manager shall submit an acceptable substitute. Owner acknowledges that Construction Manager is not required to solicit bids or enter into subcontracts with Subcontractors who have not successfully completed Construction Manager's qualification process. If Owner requires Construction Manager to utilize a specific subcontractor who has not satisfied Construction Manager's qualification process, the Owner agrees to assume all cost and schedule responsibilities resulting from the performance of the specified subcontractor. 5.2.4 The Construction Manager shall not change a Subcontractor, person or entity previously selected if the Owner or the RPR/CA makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Construction Manager shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager, by these Documents, assumes toward the Owner or the RPR/CA. Each subcontract agreement shall preserve and protect the rights of the Owner 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 Construction Manager shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Construction Manager shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance GENERAL CONDITIONS 00750- Page 48 of 186 with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Construction Manager to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. I. If the work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the RPR/CA. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the RPR/CA, the Owner shall provide for coordination of such forces with the Work of the Construction Manager who shall cooperate with them. 6.1.3 It shall be the responsibility of the Construction Manager to coordinate his/her work with the work of other contractors on the site. The Owner and the RPR/CA shall be held harmless for any and all costs and time increases associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Construction Manager shall afford the Owner's own forces, the RPR/CA 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 Construction Manager's construction and operations with theirs as required by the Contract Documents. Liability of such stored materials and equipment on-site remains with the Owner's own forces, the RPR/CA and other contractors. 6.2.2 If part of the Construction Manager's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the GENERAL CONDITIONS 00750- Page 49 of 186 Construction Manager shall, prior to proceeding with that portion of the Work, promptly report to the RPR/CA any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Construction Manager to the extent that said delays are under the Construction Manager's responsibility and control. 6.2.4 The Construction Manager shall promptly remedy damage wrongfully caused by the Construction Manager 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 Construction Manager 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 Construction Manager contend that he/she is entitled to an extension of time for completion of any portion or portions of the work, he/she shall, immediately or if immediate notification is not possible then no later than seventy-two (72) hours of the occurrence of the cause of the delay, notify the RPR/CA in writing, of his/her contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Construction Manager to the RPR/CA within seventy-two (72) hours after the delay has ceased to exist. 1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Construction Manager fails to comply, he/she shall be deemed to have waived the claim. .2 In the event the construction or operations by the Owner's own forces or other contractors affects the Project Schedule and/or Contract Sum, Construction Manager shall proceed with a Claim for Cost (including General Conditions, Insurance and Bond) in accordance with paragraph 4.7.7, and/or a Claim for Time in accordance with paragraph 4.7.8 and be entitled to a Change Order for the cost and schedule impacts. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Construction Manager, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the RPR/CA determines to be just. 7.0 CHANGES IN THE WORK GENERAL CONDITIONS 00750- Page 50 of 186 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. The Owner shall issue such changes in writing. To the extent that a change extends the contract completion date, the Construction Manager shall be entitled to an equitable adjustment in the Project Schedule (and all other deadlines applicable to Construction Manager's performance of the Work, such as the Substantial Completion Date), and to the Contract Sum shall be incorporated into an appropriate GMP Amendment as a result of changes in the Work. Unless agreed otherwise in the Change Order, all time extensions must be contained in executed Change Orders, or Construction Manager waives any time extension resulting from the Work covered by said Change Order. 7.1.2 A Change Order shall be based upon agreement among the Owner, the RPR/CA, the Architect/Engineer and Construction Manager. A Construction Change Directive require agreement by the Owner, the RPR/CA and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the RPR/CA alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Construction Manager 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 Construction Manager, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by the RPR/CA and signed by the Owner, the RPR/CA and Construction Manager stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; GENERAL CONDITIONS 00750- Page 51 of 186 .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Construction Manager, provided a written order signed by the Owner or the RPR/CA is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and the RPR/CA. The daily force account forms shall identify Construction Manager and/or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the RPR/CA 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 the RPR/CA with all supporting documentation required by the RPR/CA 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 the RPR/CA. The amount of credit to be allowed by the Construction Manager 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 the RPR/CA. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. 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: 7.2.4.1 Notwithstanding any provisions in this Agreement to the contrary, Construction Manager shall be paid for Changes in the Work, as follows: A. FOR CHANGES IN THE WORK THAT DO NOT REQUIRE AN EXTENSION OF THE CONTRACT COMPLETION TIME: .1 If the Construction Manager performs the actual Work, the cost to the Owner shall be calculated as follows: GENERAL CONDITIONS 00750- Page 52 of 186 a. Documented Direct Cost of the Work; b. Documented actual insurance costs; c. Markup for Overhead, General Conditions, Bonds, Fee: 10.0%; .2 If the Subcontractor performs the actual Work, the subcontractor's percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%) to calculate the Direct Cost of the Work to the CM. The cost to the Owner shall include this Direct Cost of the Work to the CM plus the same items listed in item .1 above; .3 If the Subcontractor performs part of the actual Change Order Work, the cost to the Owner shall be calculated per item .2 above for that portion of the work. If the Construction Manager performs part of the actual Work, the cost to the Owner shall be calculated per item .1 above for that portion of the work. B. FOR CHANGES IN THE WORK THAT EXTEND THE CONTRACT COMPLETION TIME: .1 If the Construction Manager performs the actual Work, the cost to the Owner shall be calculated as follows for the extended duration of the Project due to such Change Order, as supported by a CPM update or as the parties may otherwise agree, in writing: a. Documented Direct Cost of the Work; b. General Conditions costs for the extended time; c. Documented actual insurance costs; d. Markup for Overhead, Bonds, Fee: 10.0%; .2 If the Subcontractor performs the actual Work, the subcontractor's percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) to calculate the Direct Cost of the Work to the CM. The cost to the Owner shall include this Direct Cost of the Work to the CM plus the same items listed in item .1 above; .3 If the Subcontractor performs part of the actual Change Order Work, the cost to the Owner shall be calculated per item .2 above for that portion of the work. If the Construction Manager performs part of the actual Work, the cost to the Owner shall be calculated per item .1 above for that portion of the work. 7.2.5 The Construction Manager shall furnish to the Owner through the RPR/CA, 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 the RPR/CA such as certified quotations or invoices shall be provided by the Construction Manager to the RPR/CA at no additional cost to the Owner. GENERAL CONDITIONS 00750- Page 53 of 186 7.2.6 If the Construction Manager claims that any instructions given to him/her by the RPR/CA, by drawings or otherwise, involve extra Work not covered by the Contract, he/she shall give the RPR/CA written notice thereof within ten (10) 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 Construction Manager shall proceed in accordance with Paragraph 10.3. 1 The written notice to the RPR/CA for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Construction Manager. 7.2.7 Unless otherwise agreed in writing, the Construction Manager shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Construction Manager in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Construction Manager 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 Construction Manager 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 Construction Manager shall constitute conclusive evidence of the Construction Manager's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Construction Manager. The Construction Manager, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Construction Manager knew or should have known. 7.3 Authority 7.3.1 The RPR/CA will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the RPR/CA and shall be binding on the Owner and Construction Manager. The Construction Manager shall carry out such written order promptly. 8.0 TIME 8.1 Definitions GENERAL CONDITIONS 00750- Page 54 of 186 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 Notices to Proceed per this Agreement. The dates shall not be postponed by the failure to act of the Construction Manager or of persons or entities for which the Construction Manager is responsible. See also, Article 3.1 above. 8.1.3 The date of Substantial Completion is the date certified in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner shall determine as to whether Substantial Completion has been achieved and certifies the date to the Construction Manager in accordance with Article 9.8. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Construction Manager confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Construction Manager 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 Construction Manager. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Construction Manager shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Construction Manager is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, the RPR/CA, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, unusual delay in transportation or material supply chain, or by delay authorized by the Owner, the RPR/CA, or by any other cause which the RPR/CA determines may justify the delay, or delays due to Uncontrollable Circumstances that exceed 45 days (per agreement Article 8.6.b.1), then the Construction Manager shall proceed with a Claim for Additional Cost (including General Conditions, Insurance and Bond) in accordance with paragraph 4.7.7, and/or a Claim for Additional Time in accordance with paragraph 4.7.8 and be entitled to a Change Order for the cost and schedule impacts. 8.3.2 Any claim for extension of time shall be made in writing to the RPR/CA not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Construction Manager shall report the termination of the cause for the delay within seventy-two (72) hours after such GENERAL CONDITIONS 00750- Page 55 of 186 termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 Not used. 8.3.4 If the Project is delayed as a result of the Construction Manager'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 Construction Manager/contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Construction Manager for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Construction Manager shall submit to the RPR/CA, 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 the RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen (15) days before the date established for each progress payment, the Construction Manager shall submit to the RPR/CA 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 Construction Manager's right to payment as the Owner or the RPR/CA may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Construction Manager does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site GENERAL CONDITIONS 00750- Page 56 of 186 shall be conditioned upon compliance by the Construction Manager 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. 9.3.3 The Construction Manager 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 Construction Manager 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 Construction Manager's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Construction Manager, 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 Construction Manager. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Construction Manager or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The RPR/CA will assemble a Project Application for Payment by combining the Construction Manager's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the RPR/CA's receipt of the Project Application for Payment, the RPR/CA will either approve the Application for Payment, with a copy to the Construction Manager, for such amount as the RPR/CA determine is properly due, or notify the Construction Manager in writing of the RPR/CA's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by the RPR/CA to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Construction Manager, that the Work has progressed to the point indicated and that, to the best of the RPR/CA's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the RPR/CA. The issuance of a separate Approval for Payment will further constitute a representation that the Construction Manager is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that the RPR/CA has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Construction Manager's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the GENERAL CONDITIONS 00750- Page 57 of 186 Owner to substantiate the Construction Manager's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 The RPR/CA may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Construction Manager and the RPR/CA cannot agree on a revised amount, the RPR/CA shall process the Application for the amount it deems appropriate. The RPR/CA 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 Construction Manager 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 the RPR/CA, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Construction Manager until certificates of insurance or other evidence of compliance by the Construction Manager, with all the requirements of Article 11, have been filed with the Owner and the RPR/CA. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After the RPR/CA has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the RPR/CA. From the total of the amount determined to be payable on a progress payment, retainage in accordance FAA Advisory Circular 150/5370-10H will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. 1 It is understood and agreed that the Construction Manager 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 the RPR/CA to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Construction Manager shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Construction Manager on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Construction GENERAL CONDITIONS 00750- Page 58 of 186 Manager on account of such Subcontractor's portion of the Work. The Construction Manager shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The RPR/CA will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Construction Manager and action taken thereon by the Owner and the RPR/CA on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor the RPR/CA shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Construction Manager 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 the RPR/CA to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Construction Manager has some other justifiable reason for delay, the Construction Manager 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 Construction Manager shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Construction Manager, the representative amount allowed the Construction Manager on account of the Work performed by the Subcontractor. The Construction Manager shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his/her suppliers and Sub-subcontractors in a similar manner. 9.7 Not used. 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. For the portions of the work under the jurisdiction of the Local Building Department, Substantial Completion shall be deemed to be achieved upon the issuance of a Certificate of Occupancy (CO) or a Temporary Certificate of Occupancy (TCO) by the authority having jurisdiction, for that portion of the work. GENERAL CONDITIONS 00750- Page 59 of 186 9.8.2 For the portions of the work not under the jurisdiction of the Local Building Department, Substantial Completion shall be achieved per the following. When the Construction Manager considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a comprehensive list of items to be completed or corrected. The Construction Manager 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 Construction Manager to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the RPR/CA 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 Construction Manager shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the RPR/CA. The Construction Manager shall then submit a request for another inspection by the RPR/CA, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the RPR/CA will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Construction Manager for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Construction Manager shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Construction Manager and certification by the RPR/CA, 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 Construction Manager, 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 Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Construction Manager considers a portion substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Construction Manager to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Construction Manager or, if no agreement is reached, by decision of the RPR/CA. GENERAL CONDITIONS 00750- Page 60 of 186 9.9.2 Immediately prior to such partial occupancy or use, the Owner, the RPR/CA and Construction Manager shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Construction Manager shall forward to the RPR/CA a written Notice that the Work is ready for final inspection and acceptance and shall also forward to the RPR/CA a final Contractor's Application for Payment. Upon receipt, the RPR/CA will promptly make such inspection. When the RPR/CA, finds the Work acceptable under the Contract Documents and the Contract fully performed, the RPR/CA 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 Construction Manager and noted in said final Approval is due and payable. The RPR/CA's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Construction Manager's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Construction Manager submits to the RPR/CA (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty ( 30) days' prior written notice has been given to the Owner, (3) a written statement that the Construction Manager knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment. (2) Continuation Sheet. (3) Certificate of Substantial Completion. (4) Contractor's Affidavit of Debts and Claims. (5) Contractor's Affidavit of Release of Liens. (6) Final Release of Lien. (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of all the following but not limited to: GENERAL CONDITIONS 00750- Page 61 of 186 A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Construction Manager, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Construction Manager furnish proof to the Owner or the RPR/CA 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 Construction Manager and the surety that provided the Construction Manager's Public Construction Bond. The Construction Manager must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Construction Manager shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Construction Manager shall submit the Construction Manager's safety program to the RPR/CA for review, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Construction Manager if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Construction Manager. GENERAL CONDITIONS 00750- Page 62 of 186 10.1.3 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 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 Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager and the RPR/CA shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.5 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 Construction Manager 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 Construction Manager and the RPR/CA 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 Construction Manager and the RPR/CA 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 Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Construction Manager 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; .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 Construction Manager or the Construction Manager'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 Construction Manager shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. GENERAL CONDITIONS 00750- Page 63 of 186 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 Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Construction Manager 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 Construction Manager, 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 Construction Manager is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, the RPR/CA or Architect/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Construction Manager. The foregoing obligations of the Construction Manager are in addition to the Construction Manager's obligations under Paragraph 3.18. 10.2.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 10.2.7 The Construction Manager shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Construction Manager shall act, at the Construction Manager's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Construction Manager shall obtain, at its own expense, insurance as specified in the schedule set forth in Exhibit B, Insurance Requirements and Forms which are made part of this Agreement. The Construction Manager will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Construction Manager. As an alternative, the Construction Manager may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Construction Manager will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the GENERAL CONDITIONS 00750- Page 64 of 186 commencement of Work resulting from the failure of the Construction Manager to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager failure to provide satisfactory evidence of insurance. 11.1.3 The Construction Manager 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 Construction Manager to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.4 The Construction Manager shall provide, to the County in care of the RPR/CA as satisfactory evidence of the required insurance, either: Certificate of Insurance or a certified copy of the actual insurance policy. 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Construction Manager's insurance shall not be construed as relieving the Construction Manager from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: See Exhibit B for the minimum requirements. 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida. 12.0 UNCOVERING AND CORRECTION OF WORK GENERAL CONDITIONS 00750- Page 65 of 186 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the RPR/CA's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the RPR/CA, be uncovered for their observation and be replaced at the Construction Manager's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the RPR/CA has not specifically requested to observe prior to its being covered, the RPR/CA may request to see such Work and it shall be uncovered by the Construction Manager. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Construction Manager shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Construction Manager shall promptly correct Work rejected by the RPR/CA 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 Construction Manager shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the RPR/CA's services and expenses made necessary thereby. 12.2.2 If, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Construction Manager shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Construction Manager a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Construction Manager 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 Construction Manager nor accepted by the Owner. 12.2.4 If the Construction Manager fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Construction Manager does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the RPR/CA, the Owner may remove it and store the salvageable materials or equipment at the Construction Manager's expense. If the Construction Manager does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the GENERAL CONDITIONS 00750- Page 66 of 186 proceeds thereof, after deducting costs and damages that should have been borne by the Construction Manager, including compensation for the RPR/CA's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Construction Manager should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Construction Manager are not sufficient to cover such amount, the Construction Manager shall pay the difference to the Owner. 12.2.5 The Construction Manager shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Construction Manager's correction or removal of work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Construction Manager 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 Construction Manager 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 Construction Manager's liability with respect to the Construction Manager's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or the RPR/CA (as the case may be) and the Construction Manager 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 Construction Manager shall not assign any monies due or to become due under this Contract without prior written consent of the Owner. 13.3 Not used. GENERAL CONDITIONS 00750- Page 67 of 186 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, the RPR/CA, Architect/Engineer or Construction Manager shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Construction Manager 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 Construction Manager shall give the RPR/CA timely notice of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the RPR/CA, 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, the RPR/CA will, upon written authorization from the Owner, instruct the Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Construction Manager shall give timely notice to the RPR/CA of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Construction Manager shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the RPR/CAs 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 Construction Manager and promptly delivered to the RPR/CA. 13.5.5 If the RPR/CA is to observe tests, inspections or approvals required by the Contract Documents, the RPR/CA will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period GENERAL CONDITIONS 00750- Page 68 of 186 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Construction Manager fails to commence to cure the defaults listed below within 10 days of written notification of the breach giving reason for termination of the contract: 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with the RPR/CA, and upon certification by the RPR/CA that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Construction Manager and the Construction Manager's surety, if any, seventy-two (72) hours written notice, terminate employment of the Construction Manager 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 Construction Manager; .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 Construction Manager shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience GENERAL CONDITIONS 00750- Page 69 of 186 14.2.1 The Owner may, without cause, order the Construction Manager in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In case of such suspension or termination for Owner's convenience, the Construction Manager shall be entitled to receive payment for: (i) for the cost of the Work incurred up to the date of suspension or termination; (ii) costs incurred by reason of such suspension or termination: (iii) insurance and bonds and (iv) the CM Fee plus the General Conditions Payment up to the date of the suspension or termination. End of Section 00750 GENERAL CONDITIONS 00750- Page 70 of 186 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN A. REGULATIONS AND POLICIES Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Construction Manager shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Construction Manager 's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Construction Manager shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Construction Manager is to hold and save harmless Monroe county Florida free from any claims or causes of action whatsoever resulting from the Construction Manager 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 http://www.qpo.gov/about/bookstore.htm B. GENERAL CONTRACTOR REQUIREMENTS 1.0 SAFETY PROGRAM Each Contractor and sub-contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Construction Manager 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 Construction Manager proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site PROJECT SAFETY AND HEALTH PLAN 00970- Page 71 of 186 specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.1 PRECONSTRUCTION SAFETY MEETING Representatives for the Construction Manager are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.2 JOINT SAFETY POLICY COMMITTEE The Construction Manager or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with the RPR/CA and Construction Manager supervisory personnel. At these meetings the Construction Manager 's project manager and the Contracting Officer will review the effectiveness of the Construction Manager 's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 1.3 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting Officer to administer the safety program. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 1.4 SAFETY MEETINGS A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Construction Manager is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.5 SAFETY INSPECTION The Construction Manager shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies. PROJECT SAFETY AND HEALTH PLAN 00970- Page 72 of 186 Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. In summary, there will be a three-part clean-up plan. 1. The first part consists of the Construction Manager 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. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to cleanup 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 Construction Manager and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the Construction Manager 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 Construction Manager shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. C. Correct the situation using other forces and back charge the Construction Manager expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.6 FIRST AID TRAINING Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the American Red Cross, or other Monroe County approved organization. 1.7 REPORTS PROJECT SAFETY AND HEALTH PLAN 00970- Page 73 of 186 Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Construction Manager is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.8 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES 2.1 FIRST AID KITS A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-identified, locations at the ratio of at least one (1) kit for each twenty-five (25) employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one (1) employee certified to administer emergency first aid must be available on each shift and duly designated by the Construction Manager to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.3 COMMUNICATION AND TRANSPORTATION Prior to the start of work, the Construction Manager 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 Construction Manager is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include: (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; (b) Cumulative record of injury for each individual; PROJECT SAFETY AND HEALTH PLAN 00970- Page 74 of 186 (c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.6 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the job-site. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Construction Manager is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be (18) eighteen years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT 4.1 HARDHAT AREAS PROJECT SAFETY AND HEALTH PLAN 00970- Page 75 of 186 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 Construction Manager shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Construction Manager at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE PROJECT SAFETY AND HEALTH PLAN 00970- Page 76 of 186 The Construction Manager shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed twelve percent (12%) and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance. 5.3.5 OPERATORS Machinery and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers. 5.3.7 GETTING ON OR OFF EQUIPMENT Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than (12) twelve hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST PROJECT SAFETY AND HEALTH PLAN 00970- Page 77 of 186 Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the Contracting Officer. Test data shall be recorded and a copy furnished to the Contracting Officer. 5.4.2 PERFORMANCE TEST—POWER CRANES(Crawler mounted, truck mounted and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering, and braking the load and rotating the test load through 3600 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case. 5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR Power cranes (includes draglines)with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Construction Manager provides the Contracting Officer a copy of a certificate of inspection made within the past (12)twelve months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment. 5.4.7 BOOM STOPS Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS PROJECT SAFETY AND HEALTH PLAN 00970- Page 78 of 186 Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning. 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self- propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or Concrete Boom Truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding (75%) 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 Construction Manager shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the Crane Lift Plan. Crane Lift Plans must be submitted at least 48 hours(2 business days) prior to mobilization —five (5) days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one (1) day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. PROJECT SAFETY AND HEALTH PLAN 00970- Page 79 of 186 The Crane Lift Plan must be COMPLETE along with attachments — see Section 5 for the required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.), may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The Construction Manager is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The Construction Manager is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The Construction Manager is responsible to obtain all information that is necessary to develop a power line safety plan. The Construction Manager is responsible to train all personnel involved in the Assembly/ Disassembly and or Crane Lift. The Construction Manager must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, and Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operator's manual) • Area (Quadrant) of Operation Diagram • Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project • Jurisdictional Registration, if required • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • Third Party Inspection Certification and Report — see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA) • Weights of Materials • Rigging Plan • Logistics Plan The Construction Manager shall comply with the Site Specific Safety Plan. PROJECT SAFETY AND HEALTH PLAN 00970- Page 80 of 186 The Construction Manager / Crane Company / Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Construction Manager, 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 Construction Manager/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING 6.1 LADDERS OSHA 1926, Subpart L- Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L- Section 451 Scaffolds, platforms, or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than (6) six feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage 1. does not block the opening to within one (1) foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION 7.1 Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Construction Manager to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES 8.1 It shall be the Construction Manager's sole and exclusive responsibility: (a) To provide personnel capable of working adjacent to energized electrical lines PROJECT SAFETY AND HEALTH PLAN 00970- Page 81 of 186 or other utilities. (b) To provide adequate, safe, and properly maintained equipment. (c) To conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed. (d) To continuously supervise and inspect the work being performed, to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect/Engineer or the RPR/CA. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING 9.1 The Construction Manager 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 Construction Manager 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 Construction Manager to provide additional temporary lighting, if needed to maintain safe conditions. 9.3 It shall be the sole and exclusive responsibility of the Construction Manager 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/Engineer, or the RPR/CA. 9.4 The Construction Manager 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 Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing. The Work in the affected area shall not thereafter be resumed, except by written agreement of the Owner and Construction Manager, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Construction Manager. PROJECT SAFETY AND HEALTH PLAN 00970- Page 82 of 186 10.2 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager, and the RPR/CA 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 Construction Manager 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 Construction Manager and the RPR/CA 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 Construction Manager and the RPR/CA 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 Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 10.5 In the event encountering hazardous materials affects the Project Schedule and/or Contract Sum, Construction Manager shall proceed with a Claim for Additional Cost (including General Conditions, Insurance and Bond) in accordance with paragraph 4.7.7, and/or a Claim for Additional Time in accordance with paragraph 4.7.8 and be entitled to a Change Order for the reasonable and documented cost and schedule impacts. 11.0 SAFETY OF PERSONS AND PROPERTY 11.1 The Construction Manager shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 Employees on the Work and other persons who may be affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Construction Manager or the Construction Manager'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. PROJECT SAFETY AND HEALTH PLAN 00970- Page 83 of 186 11.2 The Construction Manager 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 Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 11.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 11.5 The Construction Manager 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 Construction Manager, 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 Construction Manager is responsible under Clauses 11.1.1-11.1.4, except damage or loss attributable to acts or omissions of the Owner, the RPR/CA, or Architect/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Construction Manager. 11.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 11.7 The Construction Manager 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 Construction Manager shall act, at the Construction Manager's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. End of Section 00970 PROJECT SAFETY AND HEALTH PLAN 00970- Page 84 of 186 SECTION 00980 CONSTRUCTION MANAGER QUALITY CONTROL PLAN 1.0 RELATED DOCUMENTS A. Drawings and General Requirements of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Construction Manager, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect/Engineer. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Construction Manager 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 Construction Manager 's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Construction Manager to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Cutting and Patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. F. The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 85 of 186 1.2 RPR/CA'S DUTIES AND RESPONSIBILITIES A. The RPR/CA will monitor all work performed by the Construction Manager and assist the Construction Manager with his/her conformance of the work to the Contract Drawings and Specifications. 1.3 CONSTRUCTION MANAGER'S DUTIES AND RESPONSIBILITIES A. The Construction Manager 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 Construction Manager 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 Construction Manager's work is in progress and will have the authority and responsibility to accept or reject items of work. The Construction Manager's Quality Control Representative may delegate his/her duties but the primary responsibility and authority will rest on him/her. C. The Construction Manager 's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to the RPOR/CA. Any submittal that is at variance to the contract requirements must be identified as such and transmitted to the RPR/CA 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 the RPR/CA. D. The Construction Manager 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 Construction Manager. E. The Construction Manager's Quality Control Representative will review his/her drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Construction Manager's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him/her by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings, and specifications shall be brought to the attention of Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to the RPR/CA is completed. Items determined unsalvageable will be removed from the job site. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 86 of 186 These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. G. The Construction Manager's Quality Control Representative shall be required to attend periodic scheduled Quality Control meetings at the discretion of the RPR/CA. 1.4 INSPECTION AND TESTING A. The Construction Manager shall be responsible to secure, provide, and pay for all Quality Control (QC) inspections and testing specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. The Owner shall provide and pay for all required Quality Assurance (QA) testing. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for QC 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 Construction Manager's responsibility, the Construction Manager 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 QA testing and inspecting part of the Work, and the Construction Manager is also required to engage an entity for the same or related element, the Construction Manager shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Construction Manager 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 Construction Manager's responsibility. 1. The cost of re-testing construction, revised or replaced by the Construction Manager, is the Construction Manager's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 87 of 186 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform QC inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect/Engineer and the Construction Manager in performance of the agency's duties. The QC testing agency shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the RPR/CA and the Construction Manager 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 Construction Manager. E. The Construction Manager 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 RPR/CA will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. F. The RPR/CA will coordinate and attend all final inspections of the work. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 (Contract Closeout) for contract closeout. G. Unless the Construction Manager 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 the RPR/CA. If the Construction Manager is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Construction Manager. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 88 of 186 e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. I. Test results and an interpretation of test results. j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested Work complies with Contract Document requirements. I. Name and signature of laboratory inspector. M. Recommendation on re-testing. H. 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. I. General: Upon completion of inspection, testing, sample taking and similar services, the Construction Manager 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 is Construction Manager's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. 1.5 INSPECTION PLAN The Construction Manager will utilize a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan will consist of, but not be limited to the following: 1. Preparatory Inspection—Prior to commencing the work, the Construction Manager's Quality Control Representative will meet with the RPR/CA and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 89 of 186 (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: The RPR/CA 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 Construction Manager's Quality Control Representative will meet with the RPR/CA and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment, and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Note: The RPR/CA will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections—The Construction Manager 's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates, and flooring. These reports are to be generated by the Construction Manager and submitted to the RPR/CA for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.6.13 of this plan.) CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 90 of 186 Note: The Construction Manager shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections—Upon completion of a given feature of the work, the Construction Manager's Quality Control Representative will meet with the RPR/CA, if he/she so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Construction Manager shall conduct and report corrections of this inspection which shall be a required submittal. 5. Follow-On Inspections—Upon execution of the Construction Manager 's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Construction Manager shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: The RPR/CA will record the minutes to this inspection meeting. 6. Pre-Final Inspection—Upon substantial completion of the project work the RPR/CA shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he/she so desires. This inspection shall be completed at least (15) fifteen days prior to the final substantial completion inspection which shall be conducted by the RPR/CA. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. 1.6 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the RPR/CA. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Construction Manager's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring, and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 91 of 186 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 the RPR/CA. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his/her information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of the RPR/CA. 1.7 AUDITS A. The RPR/CA may choose at its option to perform Contractor audits of their Construction Manager Quality Control Plan at any time. Reports of these audit results will be forwarded to the RPR/CA for his/her action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. End of Section 00980 CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 92 of 186 SECTION 01015 CONSTRUCTION MANAGER'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Construction Manager or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Construction Manager, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as " Construction Manager's Parking Area." CONTRACTOR'S USE OF PREMISES 01015- Page 93 of 186 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. End of Section 01015 CONTRACTOR'S USE OF PREMISES 01015- Page 94 of 186 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Construction Manager 's Construction Schedule, Schedule of Values, and the initial Submittal Schedule have been received, reviewed, and approved by the RPR/CA. 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 Construction Manager 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. RPR/CA to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for the RPR/CA to have a correct and complete package of documents twenty (20) days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for the RPR/CA to obtain necessary signatures and submit project for Final Payment. Construction Manager shall submit all required forms and releases to the RPR/CA. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet APPLICATION FOR PAYMENT 01027-Page 95 of 186 (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 Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form. C. It is the Construction Manager'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 the RPR/CA. Final Pay Request must be submitted no later than thirty (30) days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. APPLICATION FOR PAYMENT 01027-Page 96 of 186 /C ® § u4 z \ / ML ) § ® � \ / _ ( \ / \ \ ku � 00 / \ \ � \ k \ ± E u < - - CL § ®{ \ \ \ \ ] ) 00 / ( k j \ /\ - ] u y0 $ \ a = \ \ j / E { f 2 \ } \\ } � { � 2 \ E / kE 04 - = 0 o_ « « { s ©40 % \ 2 M =00 j / .. 0 � \ \ \ E < \ � CL ( � _ & a } 2 g ! a ° < u 2 } j2 \j / ! { \ ) { \ ) 2 \ ( \ ±\ k { { & = y _ § ) = � > e / 2 \ ( \ ( ƒ 5 _ / E0 � ® ! - « 33g CL § � � k � � \ / t5 � \ \ % a2 % j 40) m-a = c2 , u _ou, - ! \ j ) \ § f/ } / \ \ E /� \ \ \ ( \ } [ _ - > § _ ) ] ER us \ : ° : § 2 « 7 \ % u k \ / 5 \ / \ } e \ \ \ £ ] / 7 \ \ § £ \ \ / ƒ § CL } ) < 2 F Z W � Q _ 2 z ) LU » ) \ _ § 0 ± 0 u 0 bio_ 0 R . / � \ \ / j CL 2 i ) / \ _0E / \ < - e \ \ - m \ ( } 7 / Q � \ = u } u u j 0< / - ƒ { \ { \ } k / = / \ \ \ i 2 ƒ w m p Q Q w w � � � w lC y w 00 W S Q p v=i C7 Q ~ w U O a m 00 a bio N O LL O O w OQD o � 0 w Z 0 J 0 Oz � a ° LL H O W o W Q — � u + C9 JU a ° p a0-0- J OF Q Q o ^ � w O Q N O � J 0 F F Z Q Z F � N O � Z 2 O w a � S Q 0 F O' w O O E u Y N W a) 3 0 0 c w � w G (6 0 2 U + O .� � a Q = O � � O L � N O6 N (6 WLL m C C N (6 W W w O O _w ()_ O LL '� z� (f' > Z o W ly U W a o Q Q � Q z M m m 3 Of O Q LL 3 co: -0O O O Z O OUP m p z o C -0 O i (f) — 0 U C C -O w � Z C) C.� C) O 0 do � U d U a c ( m U D Q U Q o a � z MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: INITIATION DATE: (change order date) CHANGE ORDER NO: TO CONTRACTOR: (name &address) CONTRACT DATE: The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum _(Guaranteed Maximum Price) including this Change Order is.......$ The Contract Time will be (increased) (decreased) (unchanged) by.................................. The date of Substantial Completion as of the date of this Change Order is........................ Detailed description of change order and justification: This change order is % of the original contract price. Not valid until signed by Owner,Architect(if applicable), and Contractor ARCHITECT: Date CONTRACTOR: Date RPR/CA Date COUNTY/ASSISTANT ADMINISTRATOR: Roman Gastesi Date Kevin Wilson Christine Hurley APPLICATION FOR PAYMENT 01027-Page 99 of 186 Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater) Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑ No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 100 of 186 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Project Manager's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as: which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. INSPECTOR BY DATE (if used) The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time), on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. APPLICATION FOR PAYMENT 01027-Page 101 of 186 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of County of The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed below, he/she has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write"None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED CONTRACTOR: HERETO: 1. Consent of Surety to Final Payment. Address Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate (Signature of authorized representative) attachment: yes ( ) no ( ) The following supporting documents should be (Printed Name and Title) attached hereto: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. The foregoing instrument was acknowledged before me this day of 20_, 2. Separate Releases or Waivers of Liens by from Subcontractors and material and Who is ( ) personally known to me or( ) equipment suppliers, to the extent produced a driver's license as identification. required by the Owner, accompanied by a list thereof. NOTARY PUBLIC, STATE OF FLORIDA 3. Contractor's Affidavit or Release of Liens. Print, type of stamp commissioned name of notary My Commission Expires: (SEAL) APPLICATION FOR PAYMENT 01027-Page 102 of 186 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: (Name and address) State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: The foregoing instrument was acknowledged before me this day of 20_, SUPPORTING DOCUMENTS ATTACHED by Who is ( ) personally known to me or( ) HERETO: produced a driver's license as identification. 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. NOTARY PUBLIC, STATE OF FLORIDA 2. Separate Releases or Waivers of Liens from Print, type of stamp commissioned name of notary Subcontractors and material and equipment suppliers, to the extent required by the My Commission Expires: Owner, accompanied by a list thereof. (SEAL) CONTRACTOR: Address (Signature of authorized representative) (Printed name and Title) APPLICATION FOR PAYMENT 01027-Page 103 of 186 MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ ) paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quitclaim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of 20 The foregoing instrument was acknowledged before me this day of 20_, by (Name of Company) Who is ( ) personally known to me or( ) produced a driver's license as identification. (Signature of authorized representative) NOTARY PUBLIC, STATE OF FLORIDA (Printed name and Title) Print, type of stamp commissioned name of notary Witness My Commission Expires: Witness (SEAL) APPLICATION FOR PAYMENT 01027-Page 104 of 186 MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of$ as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none, write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT 01027-Page 105 of 186 SECTION 01030 ALTERNATES PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal Form for certain construction activities defined in the Proposal Requirements that may be added to or deducted from Base Proposal amount if the Owner decides to accept a corresponding change in either the installation or methods described in Contract Documents. C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. D. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. 1. Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. End of Section 01030 ALTERNATES 01030-Page 106 of 186 SECTION 01040 PROJECT COORDINATION PART I —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Construction Manager necessary for Project coordination including, but not necessarily limited to: 1. Coordination. 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. B. Field engineering is included in Section 01050 "Field Engineering". C. Progress meetings, coordination meetings, and pre-installation conferences are included in Section 01200 "Project Meetings". D. Requirements for the Construction Manager's Construction Schedule are included in Section 01301 "Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later PROJECT COORDINATION 01040-Page 107 of 186 installation. B. Where necessary, prepare memoranda for distribution to each party involved outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. 1. Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01301 "Submittals". B. Staff Names: Within fifteen (15) days of Notice to Proceed, submit a list of the Construction Manager's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. PROJECT COORDINATION 01040-Page 108 of 186 PART 2 — PRODUCTS (Not Applicable) PART 3— EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to the RPR/CA for final decision. Recheck measurements and dimensions, before starting each installation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to the RPR/CA for final decision. 3.2 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, PROJECT COORDINATION 01040-Page 109 of 186 or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: LIMITING EXPOSURES 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 3. Excessively high or low temperatures 4. Thermal shock 5. Excessively high or low humidity 6. Air contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation 18. Combustion 19. Electrical current 20. High speed operation 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism End of Section 01040 PROJECT COORDINATION 01040-Page 110 of 186 SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements of the Construction Manager for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section: "Coordination" for procedures for coordination cutting and patching with other construction activities. 2. Division 2 Section: "Selective Demolition" for demolition of selected portions of the building for alterations. 3. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. a. Requirements of this Section apply to mechanical and electrical installations. 4. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 5. List products to be used and firms or entities that will perform Work. 6. Indicate dates when cutting and patching will be performed. 7. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. 8. Where cutting and patching involves adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with the original structure. 9. Approval by the RPR/CA to proceed with cutting and patching does not waive the RPR/CA's right to later require complete removal and replacement of unsatisfactory work. 1.3 NOT USED CUTTING AND PATCHING 01045-Page 111 of 186 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would change their load-carrying capacity or load-deflection ratio. 1. Obtain approval of the cutting and patching bid before cutting and patching the following structural elements: a. Foundation construction. b. Bearing and retaining walls. C. Structural concrete. d. Structural steel. e. Lintels. f. Timber and primary wood framing. g. Structural decking. h. Stair systems. i. Miscellaneous structural metals. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 1. Obtain approval of the cutting and patching bid before cutting and patching the following operating elements or safety related systems. a. Fire protection systems. b. Control systems. C. Communication systems. d. Electrical wiring systems. C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in the RPR/CA 's opinion, reduce the building's aesthetic qualities. Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. 1. If possible retain the original Installer or fabricator to cut and patch the exposed Work listed below. If it is impossible to engage the original Installer or fabricator, engage another recognized experienced and specialized firm. a. Stonework and stone masonry. b. Ornamental metal. CUTTING AND PATCHING 01045-Page 112 of 186 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 1. Before proceeding, meet at the Project Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. CUTTING AND PATCHING 01045-Page 113 of 186 B. Cutting: Cut existing construction methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. 1. In general, where cutting, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. 3. Cut through concrete and masonry using a cutting machine, such as a Carborundum saw or a diamond-core drill. 4. Comply with requirements of applicable Division 2 Sections where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by- pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Where removing walls or partitions extends one finished area into another area, patch and repair floor. 3.4 CLEANING A. Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged piping covering to its original condition. End of Section 01045 CUTTING AND PATCHING 01045-Page 114 of 186 SECTION 01050 FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Construction Manager for field-engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner-accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of"Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. FIELD ENGINEERING 01050-Page 115 of 186 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of two (2) permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction shown on the Contract Documents. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. FIELD ENGINEERING 01050-Page 116 of 186 2. As construction proceeds, check every major element for line, level, and plumb. B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. 1. Record deviations from required lines and levels, and advise the RPR/CA when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. End of Section 01050 FIELD ENGINEERING 01050-Page 117 of 186 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Pre-Construction Meetings 2. Periodic Progress Meetings 3. Concrete Pre-Pour Meetings 4. Safety Meetings 5. Critical Lift Meetings 6. Quality Control Meetings 2. RPR/CA'S RESPONSIBILITY A. The RPR/CA 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 RPR/CA staff as needed. B. The Architect/Engineer and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. CONSTRUCTION MANAGER'S RESPONSIBILITY A. Representatives of the Construction Manager's, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. B. The Construction Manager 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 186 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 RPR/CA staff as needed. 4. PRE-CONSTRUCTION MEETING A. Location: A central site designated by the RPR/CA. B. Attendance: 1. RPR/CA. 2. The Architect/Engineer and his professional consultants (as required). 3. The Construction Manager's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Project Record Documents as set forth in Section 01720 (Project Records Documents) of the General Requirements. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days. PROJECT MEETINGS 01200-Page 119 of 186 D. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. 5. PERIODIC PROGRESS MEETINGS A. The Construction Manager's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting at the discretion of the RPR/CA. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his/her professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. D. Suggested Agenda: 1. Distribute meeting minutes. 2. Approval of the minutes. 3. Review of Work progress since previous meeting. 4. Field observations, problems, conflicts, Requests for Information (RFI). 5. Problems which impede Construction Schedule. 6. Review of off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain projected schedule. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. Maintenance of quality standards. 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 15. Other business. PROJECT MEETINGS 01200-Page 120 of 186 E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. 6. CONCRETE PRE-POUR MEETINGS A. The Construction Manager'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 the RPR/CA prior to any concrete being placed. Construction Manager is required to respond to the County Concrete Check List by providing all required information requested in the Check List seventy-two (72) hours prior to placement. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. 7. Required Agenda: 1. Review of completed County Concrete Check List. 2. Review of Contractor's Quality Control Plan. 3. Field observations, problems, conflicts, Requests for Information (RFI). 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Review of mix submittals. 7. Maintenance of quality standards. 8. Pending changes, substitutions and Change Order Requests (COR). 5. Distribute County Checklist seventy-two (72) hours prior to placing Concrete. 8. SAFETY MEETINGS PROJECT MEETINGS 01200-Page 121 of 186 A. A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted by the Construction Manager each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Construction Manager is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. B. Location of the meetings: A central site designated by the Construction Manager, typically it will be at the project site. C. Attendance: 1. The Construction Manager's superintendent, all field supervisors, foremen, mechanics and all construction personnel at the jobsite. 2. RPR/CA. 3. The Architect/Engineer and his professional consultants as needed. 4. Sub-Contractors as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. Recommended Agenda: 1. Accidents, injuries, near-misses, discuss a. Incidents that have occurred in your company since the last meeting, b. Any follow-up that has been done as a result of investigations into incidents, C. Incidents that have happened in other companies. d. Updates to the company's Accident Prevention Plan from "lessons learned." 2. Results of safety inspections. a. Discuss the results of recent safety inspections. b. Follow up on assignments for eliminating or controlling identified hazards. C. Encourage employees to identify any unsafe conditions or tasks, and discuss ways to eliminate or control the hazards. d. When appropriate, assign responsibilities for eliminating or controlling identified hazards. 3. Training. PROJECT MEETINGS 01200-Page 122 of 186 a. Discuss any new safe work procedures or other policies and procedures that need to be implemented. b. Safety Topic of the Month: a presentation and discussion on the chosen topic. 4. Open forum. a. Anyone who has a concern about safety and health should bring it up for discussion. 5. Next meeting. a. Set the time, date and place for the next meeting. b. Select a Safety Topic and designate the presenter/discussion leader. 6. Persons Attending 9. CRITICAL LIFT MEETING A. The Construction Manager's Project Manager and/or Superintendent and Lift Contractor shall be required to attend a scheduled Critical Lift meeting at the discretion of the RPR/CA 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 the RPR/CA, typically it will be at the project site prior to the lift. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Lift Operator and riggers as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. For the purposes of this contract a lift defined as a Critical Lift will include, but not be limited to: • When more than one crane, in combination is required • Loads exceeding seventy-five percent (75%) of the rated capacity of any one crane • Personnel lifting • Loads that will require suspension directly above rigging personnel • Lifts that result in loads leaving direct view of the crane operator • Loads that are extremely valuable, irreplaceable, or unrepairable PROJECT MEETINGS 01200-Page 123 of 186 • Loads that could potentially become damaging to other equipment or utilities • Loads that are potentially unstable in flight • Lifting of loads whose replacement(purchasing lead) time exceeds ten (10) days • Lifting of loads whose loss would result in County or equipment operational shutdown E. Required Agenda: 1. Review Sections 00970.5.0-5.6 of The Contract General Requirements 2. Review Crane Test Certification per 00970.5.4.1 2. Review of Lift Activity 3. Review of Lift Plan 4. Review Overhead Utility Locations 5. Review Hand Signals/Communication Systems 6. Handling Sequence 7. Traffic Control 8. Questions/solutions 10. 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 Construction Manager's Quality Control Representative shall be required to attend scheduled meetings at the discretion of the RPR/CA. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA 2. Construction Manager's Quality Control Representative 3. The Architect/Engineer and his/her professional consultants as needed 4. Sub-Contractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Others D. Suggested Agenda: 1. Distribute meeting minutes 2. Approval of the minutes 3. Approval of shop drawings and submittals 4. Review Daily Quality Control Reports 5. Review Non-Conformance Reports 6. Quality standards 7. Workmanship to established quality standards PROJECT MEETINGS 01200-Page 124 of 186 8. Conformance to contract drawings and specifications 9. Construction methods, equipment, and tools utilized 10. Materials and articles utilized 11. Adequacy of testing methods 12. Adequacy of shop drawings 13. Adequacy of safety or environmental precautions 14. Other business E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. End of Section 01200 PROJECT MEETINGS 01200-Page 125 of 186 SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Construction Manager shall submit to the RPR/CA, shop drawings, product data, certifications and samples required by the technical sections. 2. The Construction Manager 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 Construction Manager shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the RPR/CA 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 Construction Manager shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date Construction Manager has scheduled to order material or equipment or the submittal item. 3. Date Construction Manager has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the RPR/CA should be aware of. C. The Construction Manager shall allow two (2) weeks for review of submittal by the RPR/CA (in calendar days). SUBMITTALS 01301-Page 126 of 186 D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of the RPR/CA and the Construction Manager. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect/Engineer b. The RPR/CA C. The Construction Manager 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. Construction Manager to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. F. The Construction Manager shall submit seven (7) sets to the RPR/CA. The RPR/CA will check the submission and forward five (5) sets to the Construction Manager. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the RPR/CA and other trade contractors by the Construction Manager prior to the start of the Work. 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to the RPR/CA. Submit seven (7) copies of product data to the RPR/CA. SUBMITTALS 01301-Page 127 of 186 B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. The Construction Manager shall submit seven (7) sets to the RPR/CA. The RPR/CA will check and return five (5) copies to the Construction Manager 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 the RPR/CA. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The Construction Manager shall submit three (3) samples to the RPR/CA and one (1) will be returned to the Construction Manager after review/return from the RPR/CA. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Construction Manager 's letterhead stationery. Certifications shall be identified to this Project, dated and bear Construction Manager's signature in the same format used for the Owner/ Construction Manager agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Construction Manager shall submit one (1) original and six (6) copies to the RPR/CA. The RPR/CA will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. Before making submittals to the RPR/CA, 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 the RPR/CA for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the RPR/CA. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. SUBMITTALS 01301-Page 128 of 186 C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the RPR/CA in writing of deviations in submittals from the requirements of the Contract Documents. E. After the RPR/CA 's review, distribute copies with one (1) copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the RPR/CA's stamp and initials indicating review. G. The Construction Manager 's responsibility for errors and omissions in submittals is not relieved by the RPR/CA's review of submittals. H. The Construction Manager's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the RPR/CA review of submittals unless the RPR/CA gives written acceptance of specific deviations. I. All submittals shall be submitted to Monroe County the RPR/CA and Consultants in Adobe PDF format. 1.8 RPR/CA'S RESPONSIBILITIES A. The RPR/CA will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The RPR/CA 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 Construction Manager, with copies to the RPR/CA. C. The RPR/CA will return to the Construction Manager, without review, all submittals not bearing the Construction Manager's review stamp or not showing it has been reviewed by the Construction Manager. End of Section 01301 SUBMITTALS 01301-Page 129 of 186 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction Manager submission of Progress schedules. 2. Construction Manager submission of Revisions to schedules. B. Related sections: 1. Scope of work. C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to the RPR/CA 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, Construction Manager to submit format of schedule for approval by the RPR/CA. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect/Engineer. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES PROGRESS SCHEDULES 01310-Page 130 of 186 A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within seven (7) days after receipt of the Contract Notice to Proceed. 1. The RPR/CA will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Construction Manager, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the RPR/CA to notify the Construction Manager 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 Construction Manager of responsibility or of any consequence of neglect or carelessness. End of Section 01310 PROGRESS SCHEDULES 01310-Page 131 of 186 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Construction Manager 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 the RPR/CA 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 the RPR/CA. 3. Upon request of the RPR/CA, revise and/or support the values with data which will substantiate their correctness. 4. The Schedule of Values forms the basis for the Construction Manager's Applications for Payment. 5. The Schedule of Values shall be the basis for the amount of credit to be allowed by the Construction Manager to the Owner as per 5.6.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Construction Manager 's standard forms and automated printout will be considered by the RPR/CA upon the Construction Manager's request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Construction Manager 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. SCHEDULE OF VALUES 01370-Page 132 of 186 E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Construction Manager 's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by the RPR/CA, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. End of Section 01370 SCHEDULE OF VALUES 01370-Page 133 of 186 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report until Friday, 2/15/08. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS DAILY CONSTRUCTION REPORTS 01385-Page 134 of 186 A. Daily Reports are to be submitted to the RPR/CA at the regularly scheduled Project Meetings. Contractors are to submit the original of their report, and should keep a copy for their records. The RPR/CA photocopying facilities are not to be used in the reproduction for submission of the reports. B. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 135 of 186 SECTION 01395 REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification to Architect/Engineer and the RPR/CA 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 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 the RPR/CA immediately. If clarifications are necessary, the request is to be conveyed to Architect/Engineer and the RPR/CA. Architect/Engineer and the RPR/CA will respond to the Construction Manager. 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 Construction Manager are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraphs 6.2, 7.2, and 8.3 of the Contract General Conditions. Should the Construction Manager 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 186 REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL Email address TO ARCHITECT ADDRESS PHONE FAX CELL Email address DESCRIPTION CONTRACTORS RECOMMENDATION COST I M PACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION (RFI) 01395-Page 137 of 186 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment. 2. The Construction Manager submittals. 3. Testing laboratory responsibilities. 4. Testing laboratory reports. 5. Limits on testing laboratory authority. 6. The Construction Manager responsibilities. 7. Schedule of inspections and tests. B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Construction Manager shall be responsible to secure and pay for all testing services of a qualified independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or any governing authorities. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specification indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. B. Employment of testing laboratory shall in no way relieve the Construction Manager of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. TESTING LABORATORY SERVICES 01410-Page 138 of 186 C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the RPR/CA and the Construction Manager in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the RPR/CA and the Construction Manager of observed irregularities or non-conformance of the Work or products. F. Perform additional inspections and tests required by the RPR/CA. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to the RPR/CA and Construction Manager. B. Include: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and Specifications Section. 6. Location in the Project. 7. Type of inspection or test. 8. Date of test. 9. Results of test. 10. Conformance with the Contract Documents. C. When requested by the RPR/CA, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY TESTING LABORATORY SERVICES 01410-Page 139 of 186 A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Construction Manager. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONSTRUCTION MANAGER RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the RPR/CA and the testing laboratory (24) twenty-four hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Construction Manager. End of Section 01410 TESTING LABORATORY SERVICES 01410-Page 140 of 186 SECTION 01421 REFERENCE STANDARDS AND DEFINITIONS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specifications Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the conditions of this Contract. B. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown", "noted", "scheduled", and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by the RPR/CA", "requested by the RPR/CA", and similar phrases. D. Approve: The term "approved", where used in conjunction with the RPR/CA's action on the Construction Manager's submittals, applications, and requests, is limited to the PRP/CA's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer' is the Construction Manager or an entity engaged by the Construction Manager, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, REFERENCE STANDARDS AND DEFINITIONS 01421-Page 141 of 186 erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer', means having a minimum of (5) five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter'. It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Construction Manager has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Construction Manager. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the Construction Manager for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: REFERENCE STANDARDS AND DEFINITIONS 01421-Page 142 of 186 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Construction Manager. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Construction Manager, or by others when so noted. a. The words "shall be" shall be included by inference wherever a colon () is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with (2) two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels. Refer requirements that are different, but apparently equal, and uncertainties to the RPR/CA for a decision before proceeding. 1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum, as appropriate for the context of the requirements. Refer uncertainties to the RPR/CA for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 143 of 186 1. Where copies of standards are needed for performance of a required construction activity, the Construction Manager shall obtain copies directly from the publications source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee REFERENCE STANDARDS AND DEFINITIONS 01421-Page 144 of 186 AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA EIFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) REFERENCE STANDARDS AND DEFINITIONS 01421-Page 145 of 186 HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute REFERENCE STANDARDS AND DEFINITIONS 01421-Page 146 of 186 TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 End of Section 01421 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 147 of 186 SECTION 01500 TEMPORARY FACILITIES PART 1 — GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. Field office for the Construction Manager's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public and employee safety. 6. Project sign. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Construction Manager's facilities: 1. Provide a field office adequate in size and accommodation for Construction Manager's offices, supply, and storage. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES TEMPORARY FACILITIES 01500-Page 148 of 186 A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by the Director of Airports. A design provided by, or approved by the Director of Airports will include, but not necessarily be limited to: the project name; the Owner's name; Airport's name; the Construction Manager's name, address, and telephone number, and the Architect/Engineer's name, address, and telephone number. PART 3 — EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. End of Section 01500 TEMPORARY FACILITIES 01500-Page 149 of 186 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids. 2. Temporary enclosures. 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State, and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Construction Manager shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Construction Manager shall comply with all Federal, State and local codes, laws, and regulations governing such construction aids. 2. The Construction Manager shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or the RPR/CA or other separate contractors employed at the site. 3. The Construction Manager 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 the RPR/CA has approved and authorized such use. The Construction Manager shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Construction Manager shall restore any permanent facilities used for temporary purposes to their specified condition. CONSTRUCTION AIDS 01520-Page 150 of 186 The foregoing obligations of the Construction Manager are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Construction Manager shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Construction Manager shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the R P R/CA. 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 Construction Manager responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Construction Manager shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain, and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Construction Manager are in addition to his/her obligations under Article 10 of the General Conditions. End of Section 01520 CONSTRUCTION AIDS 01520-Page 151 of 186 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Construction Manager shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Construction Manager shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Construction Manager shall comply with all applicable Specifications when so doing. End of Section 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 152 of 186 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONSTRUCITON MANAGER A. Section Includes: 1. Water control. 2. Dust control. 3. Erosion and sediment control. 4. Pollution control. B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Construction Manager shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. TEMPORARY CONTROLS 01560-Page 153 of 186 E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. End of Section 01560 TEMPORARY CONTROLS 01560-Page 154 of 186 SECTION 01590 FIELD OFFICES AND SHEDS A. The Construction Manager shall furnish, install, and maintain a temporary field office for his/her use, the use of his/her employees, and the use of the RPR/CA during the construction period. The location of the Field Office shall be determined by the RPR/CA. B. The Construction Manager shall furnish, install, and maintain temporary storage and work sheds to adequately protect his/her work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Construction Manager shall arrange his/her field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the RPR/CA. The type, size and location of field offices and sheds are subject to approval by the RPR/CA. D. The Construction Manager shall arrange and pay for temporary electricity and telephone service for his/her field office and sheds, if he/she should require such services. E. The Construction Manager shall relocate his/her field office and sheds as directed by the RPR/CA, at no additional cost to the Owner. F. The Construction Manager shall remove his/her field office and sheds on completion of the Work or when directed by the RPR/CA. The Construction Manager shall remove all debris and rubbish and shall leave the area in a clean and orderly condition. End of Section 01590 FIELD OFFICES AND SHEDS 01590-Page 155 of 186 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONSTRUCTION MANAGER A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. CONSTRUCTION CLEANING 01595-Page 156 of 186 C. Dispose of waste materials, debris, and rubbish off site at a state permitted disposal site. D. Trash containers shall be provided by Construction Manager and located in trash accumulation areas designated by the RPR/CA. Construction Manager each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his/her operations, including any trash generated by his/her employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the Construction Manager. 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 the RPR/CA. End of Section 01595 CONSTRUCTION CLEANING 01595-Page 157 of 186 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONSTUCTION MANAGER A. Section includes: 1. Products. 2. Transportation and handling. 3. Storage and protection. 4. Security. 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Construction Manager shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Construction Manager 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 Construction Manager or the Owner. The Construction Manager shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION MATERIALS AND EQUIPMENT 01600-Page 158 of 186 The Construction Manager 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. The Construction Manager shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. End of Section 01600 MATERIALS AND EQUIPMENT 01600-Page 159 of 186 SECTION 01630 POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-proposal substitutions. 1.2 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. B. After the end of the proposal period, substitution requests, from the successful Proposer, will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Construction Manager. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: POST CONTRACT SUBSTITUTIONS 01630-Page 160 of 186 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Proposer. 2. Acceptance will require substantial revision of Contract Documents. 3. In the judgment of the RPR/CA, the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of RPR/CA. F. The RPR/CA will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONSTRUCTION MANAGER'S REPRESENTATION A. In making formal request for substitution the Construction Manager represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Construction Manager. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. RPR/CA 's costs for redesign or revision of Contract Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. POST CONTRACT SUBSTITUTIONS 01630-Page 161 of 186 POST-PROPOSAL SUBSTITUTION FORM TO: RPR/CA We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Address Title Firm Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By By Date Date POST CONTRACT SUBSTITUTIONS 01630-Page 162 of 186 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 163 of 186 SECTION 01640 PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONSTRUCTION MANAGER SHALL BE RESPONSIBLE FOR A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Construction Manager's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the RPR/CA, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. The RPR/CA may reject as non-complying such material and products that do not bear identification satisfactory to the RPR/CA as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. PRODUCT HANDLING 01640-Page 164 of 186 B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of the RPR/CA and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by the RPR/CA to justify an extension in Contract Time of Completion. End of Section 01640 PRODUCT HANDLING 01640-Page 165 of 186 SECTION 01700 CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three (3) terminal activities: 1. Substantial Completion. 2. Final Completion. 3. Final Payment. 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. Construction Manager shall submit to the RPR/CA when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing/balancing final reports. 4. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy (or Completion) b. Certificates of Inspection as applicable: 1) Electrical systems if required by Code B. Within a reasonable time after receipt of such notice, the Owner and the Construction Manager 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 Construction Manager in writing, giving the reasons. 2. The Construction Manager shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. The RPR/CA will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by the RPR/CA. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the Construction Manager for written acceptance of the responsibilities assigned to them in the certificate. CONTRACT CLOSEOUT 01700-Page 166 of 186 E. Construction Manager 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 Construction Manager shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within sixty (60) calendar days of date of substantial completion. B. When the Work is complete, the Construction Manager shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Construction Manager 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 Construction Manager in writing, listing the incomplete or defective work. 2. The Construction Manager 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 Construction Manager to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONSTRUCTION MANAGER'S CLOSEOUT SUBMITTALS TO THE OWNER Construction Manager shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. CONTRACT CLOSEOUT 01700-Page 167 of 186 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Deductions for uncorrected Work. d. Deductions for Liquidated Damages. e. Deductions for Re-inspection Payments. f. Other Adjustments. C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Construction Manager shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. End of Section 01700 CONTRACT CLOSEOUT 01700-Page 168 of 186 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction Manager's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 169 of 186 E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight- exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition. End of Section 01710 FINAL CLEANING 01710-Page 170 of 186 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Construction Manager shall: 1. Maintain at the job site one (1) copy of: a. Record Contract Drawings. b. Record Project Manual. C. Coordination drawings. d. Addenda. e. Reviewed shop drawings. f. Change Orders. g. Other modifications to the Contract. h. Field test records. 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the RPR/CA. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the RPR/CA (at no charge) two (2) sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two (2) complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document"Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: PROJECT RECORD DOCUMENTS 01720-Page 171 of 186 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain""galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The RPR/CA 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 the RPR/CA in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the RPR/CA and one (1) saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash drive) prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: PROJECT RECORD DOCUMENTS 01720-Page 172 of 186 1. Date. 2. Project title and Project number. 3. The Construction Manager 's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Construction Manager, or his/her authorized representative. End of Section 01720 PROJECT RECORD DOCUMENTS 01720-Page 173 of 186 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY: THE CONSTRUCTION MANAGER SHALL PROVIDE OPERATION AND MAINTENANCE DATA A. Section includes: 1. Format and content of manuals. 2. Schedule of submittals. B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 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 174 of 186 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the RPR/CA, consultants, and the Construction Manager with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses, and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and 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 175 of 186 B. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and re-assembly instructions; and alignment, adjusting, balancing, and checking instructions. C. Provide servicing and lubrication schedule, and list of lubricants required. D. Include manufacturer's printed operation and maintenance instructions. E. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. F. Provide the Construction Manager's coordination drawings. G. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. H. Include test reports. I. Additional requirements: as specified in individual product specification Sections. J. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 SUBMITTALS A. Submit two (2) copies of operation and maintenance data for review by the RPR/CA prior to Final Inspection. One (1) copy will be returned with comments. B. Submit the required number of copies per each Specification Section or two (2) copies each if not specified of approved data in final form within ten (10) days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten (10) days after acceptance. D. Submit two (2) copies of approved revised volumes of data in final form within ten (10) days after final inspection. End of Section 01730 OPERATION AND MAINTENANCE DATA 01730-Page 176 of 186 SECTION 01740 WARRANTIES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the Construction Manager 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 Construction Manager's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Submittals" specifies procedures for submitting warranties. 2. Division 1 Section "Contract Closeout" specifies contract closeout procedures. 3. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Construction Manager 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 Construction Manager. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturer's for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS WARRANTIES Page 177 of 186 A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Construction Manager is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights or remedies. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Construction Manager presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to the RPR/CA prior to the date certified for Substantial Completion. If the RPR/CA'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 Construction Manager, or the Contractor and a subcontractor, supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the RPR/CA, for approval prior to final execution. C. Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly executed by the Construction Manager, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl- covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8%2 x 11" (115-by-280-mm) paper and one (1) saved electronically WARRANTIES Page 178 of 186 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 Construction Manager. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. END OF SECTION 01740 WARRANTIES Page 179 of 186 EXHIBIT A Department of Labor Wage Determination (CONSTRUCTION MANAGER TO PROVIDE THE LATEST VERSION) Exhibits 0750 - Page 180 of 186 EXHIBIT A "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60) . 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 ---------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 ---------------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 31.28 21.34 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete). . . . . . . . .$ 9.58 ** 0.00 OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISIO" EXHIBIT B WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND NV2A Gulf Keystar Prior to the commencement of work governed by this contract,the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will 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 may 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. Exhibits 0750- Page 181 of 186 EXHIBIT B GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND NV2A Gulf Keystar Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is: $4,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Exhibits 0750- Page 182 of 186 EXHIBIT B BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND NV2A Gulf Keystar Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will 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 is: $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable are: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Exhibits 0750- Page 183 of 186 EXHIBIT B BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND NV2A Gulf Keystar_ The Contractor is required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage will include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. Monroe County Board of County Commissioners shall be included as a Named Insured as their interest may appear(ATIMA). The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss Payee. The Contractor shall ensure that the County will be involved with all claim activities to include the settlement of all claims. No claims will be finalized without the prior approval of the County. Exhibits 0750- Page 184 of 186 EXHIBIT C GENERAL CONDITIONS EXHIBIT (Prime Contra Agree- merrit) rx� rAR Forrne'fl E IHi!B]T IIEof P°re�ccon reemee nt �,,;:� � J4ullly 2„202 p Per.Richard Stricktart DwLmr.cwr aril Aicports SUBJECT., CMAR Key West tmltelrriatiional Airport Concourse A anid Terminal IImpro elrnlielnts Program Pricing FE Tt k r,.peofx-wlw,u[3c,t°rAt rkv %,l oo,rruv;; cost of wrOk i�; «'9 �Thlllidr,f(T KOC'IV d(d `,µn0fi4,WW,OM' �XlOfilj ("&A exiense ,. Billllabte Rates for Prel-Constriuction aind Construction the lolkowv4a q amre NW GPv~ (Koh itW JW Cabor rmos for proc,onstrv.icB.ion 4rd wrl v"uction include triage benefits and exriude uyerheadd,rwufit and G?.A experv;se cmummmmilm= Probe t Diremr.c)r 2.109,3' ..... .. Deputy' Project iu� tolr 11� 9 Sr Project Manager t 1 __ Sr, Proi ct Manager if :349 0 Project (Manager 11 112 5 Estima,trlrng 8, Pr cuirermient 145 07 ... ...............-.............. r recon strudbn :164 2 l3fl �ialu5t 4 . ctne",dWen° 1,17A .. ......�...............__.. ..--._. ODP C-Dordinator C li t 42.79, �"wrr5klr��c1��I�IIi � , r,'-Peneral ruPerintendben ,,,,� 13175 � mm � � . MEP Airport Systems, Ply 5 1.4734 Exhibits 0750 - Page 185 of 186 "' .�Lk SS i tl1 q ct Drector 209,38 F)e.put'y irectcar 1 12,E 188„' Irt faf� r 11 142 93 4 Ir eat t laf� r 111 ' 82 Sc.he Ule .�� 5 atr ty Manager alter 92,1O F" Coordinator b5 88 °iur'rilrih II Permit CoordMnlatelr 18,94.. Gemari, lll 1 ,2,7IS u' 1'hinterkrtlent''1 112 93 r.atw ur�t pr Ierm�" 1190.35 OJW�u@9yN1➢�UllWW&�dIUAWW WWNU9 WVPoDUA'W9WWINW��WWYWiMMIWWiM19iNllO1W9Wi101W"f,�WOID Nk%JNWIiNWIVWWWUVOW ^W�➢UWPWWWIW7!'WNWWNNWl0Y1N1�N1D!WVNIV'4N'W 16 l4, o fter-t Navas Execubve Lpade-sfOp Ch,res 'spo�''C,5*go Roberl Jr. John Scheref. Exhibits 0750 - Page 186 of 186 DRR"(g.)IIP E D R°RR.UOgi"e R-()PtRS&a l:a DES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE NV2A Gulf Keystar, a Joint Venture, LLC (Company) warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.020-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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". µ(Signati� � Date: 6/30/2021 STATE OF m,..Florida...............m.....,) SS: COUNTY OF_.......iami-Dade) Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or$1 online notarization,on _. /30/2021 (date)by Gilberto Neves (name of affiant). He/She is personally known to me or has produced ,.,__.....................................................................................(type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June _ 2021 �°`� i�•�e�a�as NOTAR *t ) , TATE-OF—Flodda �rcma r,�Pe� a�a zo�a My Commission Expires:May 26,2023 Commission No.GG339170 RFP—CMAR 50 of 147 Q:MAn�_'-',AV Q:GS- Q:R:}oN QR4.RC"Si.-.; AND TERWNAL. OBw111 rIfRQ:V MENTS 0-"ROGFIAM 113E NON-COLLUSION AFFIDAVIT Gilberto Neves of the city of Key West according to law on my oath,and under penalty of perjury,depose and say that: I am ...ized Refsgresgntative........ .._....m_�.. .�. Wm .ut ore, W„y y,. of the firm of NV2A Gulf Keystar,a Joint Venture, LLC the bidder making the Response for the project described in the Request for Qualifications for: CMAR Services KWIA Airport Concourse A&Terminal Improvements 06/30/2021 and I executed the said Response with full authority to do so: 2. The prices in this bid 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 bidder or with any competitor; 3. Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor; 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 6/30/2021 (Signature o espondent) (Date) t' STATE OF Florida ) )SS: COUNTY OF_,Miami-Dade ) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or®online notarization,on 6/3 /2,0 1_...................................................... (date) by .......... Ilb ,rtO....N,eV ...................................................._ (name of af6ant). He/She is personally known to me or has produced................................ (type of identification)as identification. WITNESS ty said this 30th day June 2021. � tafore m an an official sea m the ou an State ih y rv°aNEAAAwrrrrta NO TA YPUBLIC,STATEJF lorida �'� ua.ryvubNc SuuaFwdG My Commission Expires:May 28, 2023 c0i""""10"«rt917p Commission No.GG339170 an ■y Comm.E.pres+VY la.702) WOugf114t10N1 Npa1y A5311. RFP CMAR 51 of 147 Q;CvtiAB'°R [,'0N QV J Re.E A A6Nn I'EIF91F.fi06"AL II PnOVEMENT S PC YOURAM 130 REQUMED COW. 111Y IF"ORIMS&LICENSES DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: NV2A Gulf Keystar, a Joint Venture, LLC ------------- ............. (Name of Business) 1.Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to authorized e statement,I certify that this firm complies fully with the above requirements. s 6/30/2021 (Signature espo-ndent) (Date) STATEOF Florida, COUNTY OF Miami-D SS: ................................................!�Oe ) Subscribed and sworn to (or affirmed) before me, by means of n physical presence or N online notarization, on 6/30/2021 ...................... (date)by Gilberto Neves..................................................(name of affiant). He/She is personally known to me'-or has produced .................. .... (type of identification) as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th ._dayof June 2021. / 1d57 My Commission Expires:May f8k-262's Commission No.GG339170 RFP-CMAP 52 of 147 CMAR SERVCES- CONC0URSE A AND I EAMNAL U�:�IROVEME..N'11 S PROGRAM 1B7 Po-QMo-EE D a�0UlN Y IF ORMS&A..K' NS S PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither NV2A Gulf Ke star, a Joint Venture,mLLC (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity crim/—within fast 36 months,as set forth in Section 287.133,Florida Statutes. )TitlefJe .Sfl�B4ls Printed Name Gilberto Neves Company Name:NV2A Gulf Kestar,a Joint Venture, LLC .............................................. ......................... Date: 6/30/2021 STATE OF....,F,lo,rda._....m,,,,,m „,..,) )SS: COUNTY OF Miami-Dade) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or 9 online notarization,on _..... (date) by Gilberto Neves (name of affiant). HelShe is personally known to me or has produced , (type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June 2021. 14 171 EM s� .asroNOTAR PUBLIC,STAT�Florida z®,raaM Commission Ex ires:Ma 28,2023 t�rp ua�. Y P Y Commission No.GG339170 RFP CMAR 55 of 147 d MAR gVmC'1 1@.;) ti;a CONCOURSE A AND'11.EIEMllN+L, WPROV Bw-N'11 S B"f?Q'lff�Au'v1i 141 IN::Q.APIF D COB..➢8$I11Y V-G:YPM N&UCEINSF S LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE NV2A Group, LLC (Company) ... warrants that he/she/it has not employed,retained or otherwise had act on his/her/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.020-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration paid to the former County officer or employee". (Signature) Date: /3 / 021 STATE OF Florida ) _......................................._........._,u..,........ SS: COUNTY OF Miami-Dade) _................................................................. Subscribed and sworn to (or affirmed) before me, by means of O physical presence or M online notarization,on 6/30/2021 _ (date)by Gilberto Neves (name of affiant). He/She is personally known to me or has produced __.m.._.m(type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th .day of June ,2020 Nj e.,,...,. ,�,..a,,., ..,...__.,„ ..... NOTA UBLIC,STATE OF Florida �vc ".r�aresay a.r011 My Commission Expires:May 28, 2023 Commission No. 339170 RFP-CMAR 50 of 147 CMAFN SC"n%/1IQ;FS-('AMCOURSE A AND i f Rd"vGllu A� _ Mg'.n:10VV-':I'vflENI S IIqRQ:O:9,AM I pr@mq°kD,JDP D C`;Q;wL P+D P d i-O6'kMS&U OC P"U".,U S NON-COLLUSION AFFIDAVIT I, Gilberto Neves of the city of Key West according to law on my oath,and under penalty of perjury,depose and say that: 1. I am President and CEO of the firm of._ NV2A Group, LLC the bidder making the Response for the project described in the Request for Qualifications for: CMAR Services KWIA Airport Concourse A&"terminal Improvements 06/30/2021 and I executed the said Response with full authority to do so: 2. The prices in this bid 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 bidder or with any competitor; 3. Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor; 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit arc true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 6/30/2021 (Signature of;11Rk ondent) (Date) STATEOFFlorida ) SS: COUN TY of Miami-Dade ) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or 9 online notarization,on ..................6/30/202 -......_..........................................................(date) by.......... it erto Neves................................................................(name of affiant). He/She is personally known to me or has produced (type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this ,_ 30th day of June 2021. J"Y NOTARY PUBLIC,STATE Of, Florida .. .......... ....... �� �;,. rioNNE•MIE rFYEi My Commission Expires:May 28, 2023 '', Notary vuElk Aate W Fbrka canm .cc»arrn Commission No. G339170 Bonded thrausn NataNul Notary aun. RFP -CMAR 51 of 147 Q''MAl'='9 Sx-.41VCES -CQ':pN GPPRaa&:D A Ad"13 a O RMRu'+lAL UhroRU4,"q'BafiEne TG PROGRAM 1 't$ PEQUMED COUN INFOPMS&UCENSIES DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: NV2A Group, LLC ........... .......... ................. (Name of Business) 1.Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the sign the I certify that this firm complies fully with the above requirements. (Sig6/30/2021 --------------- nature of Resp entij' (Date) STATE OF Florida SS: COUNTY OF Miami-Dade ide Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 09 online notarization, on 6/30/2021 — -- N (name of affiant).. (date)by Gilberto NeVeS He/She is personally known to me or has produced (type of identification) as identification. WITNESS my hand and official seal in the County and State last aforesaid this dayof.. )Urj9 ,202J. YVOWKE NAME OPER NOTAR LIC,STATE Of rld!a Pubk Same ofjFWrWj CWnMi%%iQn#GG3391?0 My Commission Expires:May 28,2023 my Comm,ExPires M"28,Z023 Commission No.GG339170 UarWed dWouth Natiordt Homy Alm. RFP CMAR 52 of 147 CMAIII SERWCE,13-CONCOURSF A AMt IERMINAL MP1:10VFM1:-_N1',S 11-IROURAM P11EQUK1,E D;COUNTY 0 Olf%1S&Uy.IEP4`ak:',:s PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither NV2A Group LLG e (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity t 3 months,as set forth in Section 287.133,Florida Statutes. crime wit hint 36 Titlend CEO I'll Printed Name Gilberto Neves ...................................................................................................................................................................... Company Name:_ NV2A Groy.12 LLC „ Date: 6/30/2021 STATE OF Florida ) )SS: COUNTY OF Miami-Dad.e.) ............................. Subscribed and swom to(or affirmed)before me,by means of❑physical presence or N online notarization,on 6/30/2021 (date) by Gilberto.Neves (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this Mtl .... day of._.June .......,.....2021. ,^t YYOMME MMIE MEYEd �•.fi "' �... { ....,,,,,.... �,.m... .�. co�m .cctt+tlro NO TAR IC,STATE O PUBLIC, Florida My tanm.Eap rn r+r te,toil My Commission Expires:MaY 2E 2 m�ou;A�u�ipul rbtery,:�n. Commission No. GG339170 RFP CMAR 55 of 147 CM AR I''R P.f"-jVjP:;P_¢z A AND 1fP:P-PII'wPllNAL UP-'ROW,.MEW S PROQ:r1kAM Ise PEQ VM d:;:OU kl II°i 0"d'JlP"II US F U_Ua:EO U I:!" LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE ,.., Q.ee¢If•QGeystauri. :.FVaarxala...U®am2 Venture..LLC ._,.. ..... ....., ...., .... .... (Company) warrants that he/she/it has not employed,retained or otherwise had act on his/her/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.020-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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". (Slg�at'0°re) 6.o.vK..... Date:, •, I STATE OF ff^1or°da. SS: COUNTY OF Broward Subscribed and sworn to (or affirmed) before me, by means of IM physical presence or 0 online notarization,on .... 6/3012021 ........ _ .._.., ......(date)by _ jq!Mj SglbRrer (name )• w. w w r ......,known_ ...........to—......me or has produced of affiant He/She Is ersonall known (type of identification)as identification. WITNESS my hand and official seal in the my and Stat st aforesaid this 30th day of..... JutR9jp2l 'I � _.. . 7B. , ATlum r w .... NOTA nt:a ,.. �,NNuulunggi My Commission Expires: 6,2024����Qp`:�....CE .. Commission No. #G01963119 'cpyulass2r1ol tom F X'a+ 003118 '*` i"L��•.e'�dsO ll�tp � RFP CMAR 50 of 147 I"MAN l SR'BIP C IS-U";IbN OIA-11,1[1 A AND I t;U81W6".11r"-"- Qu—"�MVU.:MFN"T S&TRC:9Q.aRAM 17 w;:d",y,V.NVII'-11 It)("OU 111 V1l II"OP1"i N&0Id".H"1SES NON-COLLUSION AFFIDAVIT i law on'my y Scherer der penalty o of the city of 1OarErd�Pd�n® according to 1, John Scherer m oath,and under f perjury,depose and say that: ........ y of the firm of A.Florida Joint Venture CL C the bidder making the Response for the project described in the Request for Qualifications for: Ste West International Ai res Concourse A and TermhW ierruguroverm�re�8�IW�a�f�aem k and I executed the said Response with full authority to do so: 6 2. The prices in this bid 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 bidder or with any competitor; 3. Unless otherwise required by law,the prices which have been quoted in this bid have not j been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid d opening,directly or indirectly,to any other bidder or to any competitor; 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Sit^ "ttre of Respondent). ...a (Date)w STATE OF FBoriada SS: COUNTY OF Subscribed and sworn to(or affirmed)before me,by means of E physical presence or❑online notarization,on t6' ttr2p, i. (date) by „ Rkge r (name of aftiant). He/Sher„q_24P S u.. , t 7, �IyI11fPdEtF or has produced_,,-,---., ... _.,..(type of identification)as identification. .. las oresaid this �NtuuttnN/�Z 0dU day of..unerw2(12I `\�QPtwCE BppG�ii���4 WITNESS my ham and official scal in t a un X tad � 1-112024 : 'NOT RY PUBL w,STATE Oj.'k1,d2 �My Commission Expires:,Tune Commission No.#G"at".re963 R 19 as awns 4III RFP-CMAR 51 of 147 E I i CM An CONCOURSE A A qD" ER@vll9uVAL. OMa90"GRb"SV V1r1iEN'NE.)IPROGRAM f7� 0P)".G;N1.DNN.NIIDr::OWB'YP"O M.w&N.OG:[NN S S DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: Gulf K star, A Norida Joint Venture PLN C (Name of Business) 1.Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. IZV" ! w w,.„_ .Puna %20 P re of Resp ondent) (Date) STATE OF...Florida ) SS: COUNTY OF_BMward ) Subscribed and sworn to (or affirmed) before me, by means of M physical presence or ❑ online notarization, on .. ........ ....6 (date) y Jkshn,. !PAP f ( ) is Ltersonal,!y.....date name o a tent. He/She known to me or has produced a P (type of identification) as identification. ``\U11111111111////ri y ty last aforeyd this ��QP�• py'•l,�Y� 4i�. loth dayof �t.� n State WITNESS my en ando official � �r,��,Eie,?phi "' I40 s to e Y P66LC4 Si kT7u, 16, to adcr = Mcttee3119 My Commission Expires: p 2024 ;�Oj ?Commission No. 9BG':(1963 /'"���7YYi�q��llllsns,10 ( A RFP-CMAR 52 of 147 C MAfa A'It!'WKA',13-QMOC"tQ.Pi4.Ni'6;iiE Pia AN[)'1f'P=G)M1VNA fM11:�1G30MdM:u`aMPf.=::N 113,PE6P'DQaN4AM Ve M),)4,.OVP,E[t,)Q O4.DN 0 Y V-4:)1)MS&u..0&.:If',I^8"sIC,,.S PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither an8,(j K.e ste.P,. ... kemx,i9a Joint...Venture LLC.,,,�.W.,,,,,,,,. (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months,as set forth in Section 287.133,Florida Statutes. Title..... �_ ... Printed Name John Scherer Company Name:,,S&q6,f Reystar,.A,6 Bprida'oint,Veltt¢ure LLC Date: .Dune 30 2021 STATE OF Florida, ) SS: COUNTY OF Browarld ............. Subscribed and sworn to(or affirmed)before me,by means of physical presence or❑online notarization,on ... / DB/202&........... .... (date) by �__...�b&p_gigefa r.....,.. ., (name of affiant). He/She..hs.,. rrsonall known to me or has produced _ (type of identification)as identification. y County and State last aftaraid this NI WITNESS myhand official set he t y \p11111111//I// � NOT RY PUBLIC,STATE�_ orlda My Commission Expires. Duna Commission No.K30963I 19 =y: aioeesue ; Nn Ineu�►°:� Q RFP—CMAR 55 of 147 Q;;MAR SERVICE,',' . f;l"dN Q;Yl,R aIIE A AND'tl FRlv9NA11-.f6`w)IIPH0V1 Mfl':':1gq S k'"RQ:➢GRAM 17 NV2AGRO-01 BMI LES ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/16/2DIYYYY) 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AG FL Insurance Team NAME: American Global LLC PHONE FAX 900 S Pine Island Road (A/C,No,Ext): (A/C,No): Suite 210 ADD"RIESS:certsFL@americanglobal.com Plantation,FL 33324 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Valley Forge Insurance Company 20508 INSURED INSURER B:Continental Casualty Company 20443 NV2A Gulf Keystar JV LLC 9100 S.Dadeland Blvd INSURER C Suite 600 INSURER D Miami,FL 33166 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR 6072326798 8/17/2022 8/17/2023 DAMAGE TO RENTED 700,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ] JECT � LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: EBL AGGREGATE $ 2,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 6072326763 8/17/2022 8/17/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC672326767 8/17/2022 8/17/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Key West International Airport Concourse A&Terminal Improvements Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability Policies. APPROVED BY RISK MANAGEMENT BY DATE 8116/2'6 2 WAVER NIA—YES— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Gato Building,Room 2-213 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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