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08/21/2002 Section 00500 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STlPULA TED SUM AGREEMENT /' made as of the Twenty First day of August in the year of TWO THOUSAND TWO (In Words, indicate day, month and year.) BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and address) Douglas N. Higgins, Inc. 3390 Travis Pointe Rd Ann Arbor, MI, 48108 For the following Project: East Martello Interior Electric (Include detailed description of project, 3501 South Roosevelt location, address and scope) Key West, FL 33040 Remove and replace outdated interior electric at East MarteI/o The Construction Manager is: (Name and address) Stephanie Coffer Monroe County Construction Management 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 ::c CJ o ;po % ~ ::::On::' Or"" fT'l:;;s;; ., n- r'- on- e:;:o :='" z. c;. ~ r -<n...,~. . ;-I :P ~ """ ~ M r--;I ..,., c::> = r t-.,;) :J=- rT1 c:: Cl G) ..,., W 0 0 ::0 -0 ::.:0 :It rl1 ("") W (:) ::0 0', CJ The Architect is: (Name and Address) Non-Applicable The Owner and Contractor agree as set forth below. 07/22/028:39 AM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (Genera', Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the WOr/(, if not stated elsewhere in the Contract Documents.) Thirtv (30) calendar days from date of Commencement. subject to adjustments of the Contract Time as provided by the Contract Document (Insert provisions if any for liquidated damages relating to failure to complete on time) ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Sixty-Nine Thousand Dollars /100 Dollars ($69.000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NONE (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 07/22/02 9:53 AM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 4,3 Unit prices, if any, are as follows: NONE ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5,6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5,7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 07/22/028:39 AM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6,1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitations) ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7,2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7,5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 07/22/028:39 AM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated JUNE 2002 , and are as follows: Document Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.6 The Addenda, if any, are as follows: Number 1 2 Date June 25, 2002 July 8, 2002 Pages 2 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.) 07/22/028:39 AM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By Date 8 - ~ I -ocJ... , '. \::..~:.',.~.... iJ,'\. .' :.' ,,',' r " /. ~ ...... '" ". , =-' <Y' '., (SEAL) (; : \ c ,At~~~t:}' , \... ~~J_. ,i.> -.. .:" .../:'.f........:.;.:\ 7!? w1JU.A __ _ )/_ _ r. 'CJ9~/;\- "".,~~ ,..f. ~o ~ E ~wh:;e Title: ~~ 1/1JeIil\l1)~ CONTRACTOR By: ~ rJ~ TAA4{ #- Jq;~ Title: I/~C#"~~h/~M- END OF SECTION 00500 FORM C ROSER ~ATEZ~~ ~ 07/22/02 8:39 AM 00500-6 AGREEMENT BETWEEN OWNER AND CONTRACTOR PERFORMANCE BOND THE X HARTFORD BOND No 35BCSBB7838 Know All Men By These Presents that Douglas N. Higgins, I nc. of 3390 Travis Pointe, Suite A, Ann Arbor, M 148108 , as Principal, hereinafter called Contractor, and the Hartford Accident and Indemnity Co., a corporation organized and existing under the laws of the State of Connecticut, with its principal office in the City of Hartford, as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of Commissioners, 500 Whitehead Street, Key West, FL 33040 As Obligee, hereinafter called Owner, in the amount of sixty nine thousand and 00/100 Dollars, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Contractor has by written agreement dated entered into a contract with Owner for East Martello Interior Electric, 3501 South Roosevelt, Key West, FL 33040 - remove and replace outdated interior electric at East Martello in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, Therefore, the condition of this obligation is such that if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having :)erformed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. ~y suit under this bond must be instituted before the expiration of two (2) years from the date on which final paym!=l.n~ .under the :;ONTRACT falls due. ' . \Jo right of action shall accrue on this bond to or for the use of any person or corporation other than the OWRe';' named herein or :he heirs, executors, administrators or successors of the Owner. : ~ ;,,) '. \ .' ' 3igned and sealed Douglas N. Higgins, Inc. I ". /;r I ......:.". ~ttest ......If.. 4~...~..... ~. Sv ;';k;;;;'W;:4~ S ~C-J!$U~ /72M.>t.J~E;( B~....tff:.J!iJ.~~..l!/9!...~~~qISEAL) ~JIt'.s ,1L - StUL' ~ ,... :a~~.r~'=Z~~1f.I.nde~:Q""'<:;:":.'::"""';SEAL) Vicki P. Gardner '~ !, '~fT1ey-jn-fact , ' " .,., ~.'/. ) i ';' . ',.... -(' .,.. .' 'orm S-3213-5 Printed in U.S.A. ;.IA Form - Document No. A-311, February, 1970 Edition Approved by The American Institute of Architects) Labor And Material Payment Bond (NOTE: THIS BONO IS ISSUED SIMULTANeouSLY WITH PERFORMANCE BONO ON PAGE 1. IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.) BOND No. .............................. 35BCSBB7838 THE HARTFORD ~ KNOW ALL MEN BY THESE PRESENTS: That. ......... .D.o.U g l.a s....N.....,. Hi.g .g.i 115..", ...1. [t.e. .... ...3.,3.9..0.... I .I.a v.l .5.... P .o.i[t t.e.." ....s. ui t.e... A lHere insert Ih. name and addre&l. or legal UII., of th. Contractor) Ann Arbor MI 48108 as Principal. hereinafter called Principal, and the!j9.;r.t.f.Q;q;l.,..B.9.9.:t.q.~.r:1t....<;i!JQ..Jm~~mQU.Y....C.Q....., aO' corporation organized and existing under the laws 01 the Slate of.......CT......................................................... with its principal office in the City 01 .........t!g~.t.f9.r.(;;I.'.rC.T...t................;.;{......f........... all Su~ety. hereinafter called Surety. are held and firml}! bound unto......Qf1r.9.~...!-.<9.W.IJ. ..Y....8,Qar.\..l....Q. ....C.Qmml.Ss..LOOe.r.S........;........... ..... ..... ...... ...... ....500. ..whit.ehead...Str.eet.,...Key....W.est,....EL...3.3040...., ..............., ......, ..................... (Here insert the name and adddtss. or legal title, of the Owner) as Obligee, hereinafter called Owner. for the use and benefit of claimants as hereinbelow defined, in the amount of '... ..$.,1. x.t.Y..... .r:1.1.o.g.... t.h .00.W. $. .aD. d.... aD .d.... 0,0.11 0.0"....................,.,.,."...,...,....."........ ......... ............,... (Here insert . sum equal 10 al I.asl on..hall 0/ the contract prie.) 69 000.00 ....... ..... ..............,........................,............,......................................, ........,..............,..... Dollars ($..,' .....,.......... ......, ......,..). for Ihe payment whereof Principal, and Surety bind Ihemselves. their heirs, executors. administrators, successors, and assigns, jointly and severally. firmly by these presents. Whereas, Principal has by written a~mtnt~at~"'lr"'T'l"""""""""'tT"'''t""..,..........................,........ enter~ into~ co~tracFtt~<.3mr6 for ........<;i.$..........<;iI.l......QTD....~n..~~..l",'tC."rlc.$..).?'O.l.lS0.w.tb Roosevelt .., ..... ....~y......~~....,.............., ..........." :~.., ,:r~mp.\l~ ...9D.......:r.~p....<;iQ~,...Q,l,.!......g,. .~.\..l...lD..l,..e.U.Q,r....e. .e.c.tr,ic @ in accordance with drawings and specifications prepared by.............................................................. East Martello .........................................................................................................................................................................................., (H",. insert lull name. ~ll. and adclr..., which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, therefore, the condition of this obligation is such that, if the Principal shall promptly make paymenlto all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the perfor- mance 01 the CONTRACT, then this obligation shall be void; otherwise it shall remain in full lorce and ellect, subject. however. to the following conditions: t. A claimanl is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, malerial, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that pari 01 water. gas, power. light. heat. oil. gasoline, telephone service or rental of equipment directly applicable to Ihe CONTRACT. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claim- ant as herein delined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or malerials were furnished by such claimant, may sue on Ihis bond for the use 01 such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due elaimant, and have execution thereon. The Owner shall not be liable for the payment of any cosls or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. (a) Unless claimant, other Ihan one having a direCI contract with the Principal. shall have given written notice to any two of the following: The Principal. the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed Ihe last of the work or labor. or furnished the lasl of Ihe materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mai/. postage prepaid. in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction 01 business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public ollicer. (b) After the expiration of one (1) year following Ihe date on which Principal ceased work on said CONTRACT, it being understood. however, that il any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. . . (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision olthEi "., state in which the project, or any part thereof. is situated, or in the United States District Court for. ttle district in which the project. or any part thereol, is situated. and not elsewhere. ,'. r,- e 4. The amount of this bond shall be reduced by and to the exlent 01 any payment or payments made ,II'\" good laith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against' said improvement. whether or nol claim for the amount of such lien be presented under and agairist,.!his bond. ". "~', ~'J . . Signed and sealed this day 01 A. D. ," ("" Wilness (11 Individua~.ParlnerShlp) PRINCIPAL Name (Corporate Seal I ....... , " , ~ 1 :"'" ~ , (Corporale Se.'1 1 ". Fonn 5-3213-5 Peg. 2 Printed in U,S,..., (A-IA, Farm - Documenl No. A-311. F8b<uery, 1970 EdiUon. Approved by The ""''''Icon Insblule of AreMeels) ~ Hartford Fire Insurance Company ~ Hartford Casualty Insurance Company :Kl Hartford Accident and Indemnity Company :=J Hartford Underwriters Insurance Company THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company D Hartford Insurance Company of Illinois D Hartford Insurance Company of the Midwest D Hartford Insurance Company of the Southeast D KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Rre Insurance Company, Hartford Accident and Indemnity Company and ,Hartford Underwriters'lnsurance Company. corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecti'cut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of Unlimited: . Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th,. 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~~~ (FIR,. ~~ ~k~~ ~~~1l~9 '4.r,.ib ~:.~ ..... f~O Ct. ~ Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument, that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John P. Hyland, Assistant Vice President p$V~~ NolllI)' Public Jvly Commission E.'tpires June 30. 2004 I, the undersigned, Assistant Vice President ofthe Companies, DO HEREBY CERTIFY that the above and foregoing is a true and :orrect copy of the Power of Attorney executed by said Companies. which is still in full force effective as of Signed and sealed at the City of Hartford. ~~D'4;~ Colleen Mastroianni, Assistant Vice President .nmZ HA.iTFORD \ Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company oflllinois Hartford insurance Company of the Midwest , Hartford Insurance Company of the Southeast Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Underwriting Fax - Claims E-mail 888-266-3488 860-547-6672 860-547-8265 or 2092 c1aims@1stepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115 EAST MARTELLO ELECTRIC SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on 09 JULY 2002 at 11 :00 AM. The Monroe County Purchasing Office will open sealed bids for the following: INTERIOR ELECTRIC AT EAST MARTELLO TOWER & MUSEUM 3501 SOUTH ROOSEVELT BOULEVARD, KEY WEST, FLORIDA SCOPE OF WORK Restoration of existing electrical work located at East Martello Tower, a solid brick structure, in Key West, Monroe County, Florida. The work will include, but not necessarily be limited to, the following items: 1. Remove any existing metal conduit, junction boxes, and fittings, as identified by Construction Documents. 2. Replace all removed metal conduit, junction boxes, and fittings, with PVC SCH40. 3. All conduit shall be surface mounted and strapped per NEC. All electrical wire will be THHN or THWN, minimum # 12. Use same raceway for lighting and receptacles, whenever possible to minimize any negative visual effects to a historical building. 4. Provide necessary wiring for PIR (motion sensor) switching devices, installed by others, as indicated on drawings. All PIR sensors will be wall mounted, by others. 5. Contractor is to install new emergency/exit lighting, which shall be coordinated with the Fire Marshall and installed per his requirements as identified on plans. 6. All equipment and fixtures shall be provided and installed as specified. Specifications and Bid Documents may be requested from DemandStar by Onvia by calling toll-free at 1-800-711-1712, or by going to the website at www.demandstar.com or http://www.co.monroe.fl.us/ Mandatory pre-bid conference will be held on 25 JUNE 2002 at 10:00 A.M. at the project site. General Contractors are required to be present. All bids must be received by the Monroe County Purchasing Office on or before 11 :00 AM on 09 JULY 2002. Any bids received after this date and time will be automatically rejected. Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope clearly marked on the outside: "Sealed Bid for Interior Electric at East Martello Tower", addressed and delivered to: 06/05/02 4:28 PM NOTICE OF CALLING FOR BIDS 00030-1 EAST MARTELLO ELECTRIC Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 All bids must remain valid for a period of ninety (90) days. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997). Questions and further information may be obtained by contacting Stephanie Coffer, Director of Planning and Construction, 1100 Simonton Street, Room 2-216, Key West, Florida, 33040, (305) 292-4429. Dated at Key West, Florida, this day of ,2002. Monroe County Purchasing Department 06/05/02 4:28 PM NOTICE OF CALLING FOR BIDS 00030-2 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 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. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 06/05/024:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-1 EAST MARTELLO ELECTRIC In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 06/05/024:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-2 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC1 WC2 WC3 WCUSLH x X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act WCJA Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability 06/05/02 4:28 PM 00400-3 INSURANCE REQUIREMENTS AND FORMS EAST MARTELLO ELECTRIC GENERAL LIABILITY As a minimum, the required general liability coverage will include: · Premises Operations · Blanket Contractual · Expanded Definition of Property Damage Required Limits: GL1 x GL2 GL3 GL4 Required Endorsement: GLXCU GLLlQ GLS · Products and Completed Operations · Personal Injury $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCU) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy. 06/05/024:28 PM 00400-4 INSURANCE REQUIREMENTS AND FORMS EAST MARTELLO ELECTRIC VEHICLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired Vehicles Required Limits: VL1 x VL2 VL3 VL4 BR2 x MVC PR01 PR02 PR03 POL1 POL2 POL3 ED1 ED2 GK1 GK2 GK3 MED1 06/05/02 4:28 PM $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project. Motor Truck cargo Limits equal to the maximum value of anyone shipment. Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$1 0,000,000 Agg. Pollution Liability Employee Dishonesty $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Medical $ 250,000/$ 750,000 Agg. INSURANCE REQUIREMENTS AND FORMS Garage Keepers 00400-5 EAST MARTELLO ELECTRIC MED2 MED3 MED4 IF VLP1 VLP2 VLP3 BLL HKL1 HKL2 HKL3 AIR1 AIR2 AIR3 AE01 AE02 AE03 E01 E02 E03 Professional Installation Floater Hazardous Cargo Transporter Bailee Liab. Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions $ 500,000/$ 1,000,000 Agg. $1,000,000/$ 3,000,000 Agg. $5,000,000/$10,000,000 Agg. Maximum value of Equipment Installed $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$3.000.000 Agg. $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1,OOO,000 Agg. $1,000,000 per Occurrence/$3,000,000 Agg. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-6 ACORD.. CERTIFICATE OF LIABILITY INSURANCerG8f~~ D~ DATE (MMlDDIYY) 08/26/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dobson-McOmber Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 1348 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 N. Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ann Arbor MI 48106-1348 INSURERS AFFORDING COVERAGE Phone: 734-741-0044 Fax:734-741-9059 INSURED INSURER A: Transcontinental Ins. CO. INSURER B: Transportation Ins. Co. Dou~las N. Higgins, Inc. INSURER C: Accident Fund of Michigan 339 Travis P01nte, Suite A INSURER 0: Ann Arbor MI 48108 I INSURER E: COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 11~1~ TYPE OF INSURANCE POLICY NUMBER 6~~~tMM/DDmi' DATE -'MMlDDm'i' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - 12/10/02 A X COMMERCIAL GENERAL LIABILITY L161922047 12/10/01 FIRE DAMAGE (Anyone fire) $ 100,000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10,000 X Includes XCU PERSONAL & ADV INJURY $1,000,000 - ~ Contractual Liab GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I . [Xl PRO- i=f POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 r-- A ~ ANY AUTO Ll61922033 12/10/01 12/10/02 (Ea accident) ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - X HIRED AUTOS BODILY INJURY - (Per accident) $ ~ NON-OWNED AUTOS - APPROVmY~ MAr ~~MENT PROPERTY DAMAGE $ (Per acCident) GARAGE LIABILITY tiy r II "\\...... II. 16 .L.J,.;' AUTO ONLY. EA ACCIDENT $ R ANY AUTO I -- J ,~ ~ DATE 1rYr- OTHER THAN EA ACC $ v....... ~ AUTO ONLY: AGG $ EXCESS LIABILITY .-, N/A / ,YI :~ EACH OCCURRENCE $ 10,000,000 B ~ OCCUR o CLAIMS MADE Ll61922050 12/10/01 12/10/02 AGGREGATE $ 10,000,000 $ il DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X I TORY L1MrrS r lur- ER A EMPLOYERS' LIABILITY WCl61922016 12/10/01 12/10/02 $ 500,000 E.L. EACH ACCIDENT C WCV344330 12/10/01 12/10/02 E,L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job - East Martello Interior Electric. Additional Insured for General Liability, Automobile Liability, Excess Liability - Monroe County Board of County Commissioners, its employees and officials. CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION MONR026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...J.L DAYS WRITTEN Monroe County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL of Country Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 500 Whitehead Street Key West FL 33040 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '-7 --'" I Dobson-McOmber Aaencv _.:/;/1":",,,,. '<V.. ~A _. ACORD 25-5 (7/97) @ACORDCORPORATION 1988 ACORD", EVIDENCEOFPROPERTY1NSIJRANCE OPIDDN DATE (MMlDDIYY) 08/26/02 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER I ~HOHElfAX 734-741-0044734-741-905~ COMPANY (AIC. No, ..., Dobson-McOmber Agency, Inc. P.O. Box 1348 The Travelers 301 N. Main Street 300 Arboretum Place, Suite 680 Ann Arbor MI 48106-1348 Richmond VA 23236 Dobson-McOmber Aaencv CODE: OHF496 I SUB CODE: ~3~~g~ER 10 #: HIGGI-2 INSURED LOAN NUMBER I POLICY NUMBER 660166J0531 Douglas N. Higgins, Inc. EFFECTIVE DATE I EXPIRATION DATE I CONTINUED UNTIL 3390 Travis pointe, Suite A 12/10/01 12/10/02 n TERMINATED IF CHECKED Ann Arbor MI 48108 THIS REPLACES PRIOR EVIDENCE DATED: I P~PPEIUYINFORMATION LOCATION/DESCRIPTION 001 East Martello Interior Electric COVERAGE INFORMATION COVERAGE/PERILs/FORMS AMOUNT OF INSURANCE DEDUCTIBLE "All Risk" Installation Floater AP~EMENT At Job Site 5,000,000 5,000 Temporary Storage Location 530,000 5,000 In Transit BY , ~-=- 100,000 5,000 DATE - ~ Flood Sublimit YES - 1,000,000 25,000 Earthquake Sublimit WAIVER N/A --- 1,000,000 25,000 REMARK$(lllcludingSpecial COllditioll~) Loss Payee - Monroe County Board of County Commissioners, its employees and officials CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 10 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTERI:ST ... NAME AND ADDRESS x1 MORTGAGEE H ADDITIONAL INSURED X LOSS PAYEE Monroe County Board LOAN # of County Commissioners 500 Whitehead Street AUTHORIZED REPRESENTATIVE Key West FL 33040 '>1-r~ ~.~~ I Dobson-McOmber Agency , AcqRI)27 (3/93) ~AOORDCORPORATION 1993 ~ EAST MARTELLO ELECTRIC BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall be 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 shall include: Theft Windstorm Hail Explosion Riot Civil Commotion Aircraft Vehicles Smoke Fire Collapse Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-7 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and Hold Harmless for Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-8 EAST MARTELLO ELECTRIC GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $ 300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurence $ 50,000 per Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-9 EAST MARTELLO ELECTRIC VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 100,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 $ 100,000 $ 25,000 per Person per Occurrence Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-1 0 EAST MARTELLO ELECTRIC WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 100,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits $ 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-11 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: · The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and · The Indemnification and Hold Harmless provisions Waivino of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. MONROE COUNTY, FLORIDA 06/05/024:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-12 EAST MARTELLO ELECTRIC Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-13 EAST MARTELLO ELECTRIC INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES II ~= fro/€r7 ~~ AJ~ AI (J~ . 6'~ Ll~/~'~ .. ~b('/c... ~ tJ~s I ~4-~a::hcN'- Liability policies are -X Occurrence Claims Made ""Dd,s.o-- 1.Lc..-~ A&:'J Insurance Agency 1)a.. II Signature /1.L- G~-y BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. DOUGLAS N. HIGGINS, INC. Bidder ~~ I /€tc.e~z:hm#d Ignature~~.f' I( -?4J~ .. J ~ ',; .f . '\ \ f .j 1 i) . ....... if' ". ' .' 1'.; : \ . :: : ,...) ; r) ". ./ ~ -' )', ./ /:) . r~<:.~:...;:.,.,. .......>) , ! Jf'"", r .~~ " ;1, . n "J 6/5/2002 4:33 PM INSURANCE REQUIREMENTS AND FORMS 00400-14 Section 00750 General Conditions of the Contract for Construction Where the Construction Manager is Not a Constructor Table of Articles 1. General Provisions 8. Time 2. Owner 9. Payments and Completion 3. Contractor 10. Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13. Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract 01/23/029:20 AM General Conditions of the Contract for Construction 00750-1 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1 .1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. 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 the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 The Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. 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 bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-2 1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work. 1.4 Capitalization 1.4.1 Terms capitalization 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. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-3 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. ARTICLE 2 OWNER 2.1 Definition 2.1.1 The Owner 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 "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 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 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, 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. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 01/23/029:20 AM General Conditions of the Contract for Construction 00750-4 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the Construction Manager, notice will be given, and contractor is required to rectify deficiency immediately. ARTICLE 3 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Construction Manager and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-5 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as provided in Subparagraphs 4.6.3 and 4.6.4. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with the Construction Manager, if 01/23/029:20 AM General Conditions of the Contract for Construction 00750-6 required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies 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 Owner will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-7 Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised as 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 seven (7) 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 Construction Manager's approval. 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-8 given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials through the Architect to the Construction Manager for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-9 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manger, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of the Architect/Engineer shall also be required. The Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Construction Manager. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 Indemnification and Hold Harmless 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-10 3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 Architect 4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Construction Manager 4.2.1 The Construction Manager 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 "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a construction manager or architect against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former construction manager or architect, respectively. 4.6 Administration of the Contract 4.6.1 The Construction Manager and Architect 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 Construction Manager and Architect 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 Construction Manager 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. 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-11 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. 4.6.5 The Architect 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 Architect 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, the Architect 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 Construction Manager, except to the extent required by Architect will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Construction Manager, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. 4.6.8 The Architect will review and certify all Applications for Payment by the Contractor, including final payment. The Architect will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Architect will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Construction Manager. 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. 4.6.10 The Architect 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 Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of the Contract Documents, the Construction Manager will have 01/23/029:20 AM General Conditions of the Contract for Construction 00750-12 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 Construction Manager will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 The Architect will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Construction Manager those recommended for approval. The Architect's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Architect will forward to the Construction Manager a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 The Architect will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor. The Architect's response to such requests will be made with reasonable 01/23/029:20 AM General Conditions of the Contract for Construction 00750-13 promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of the Architect 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 Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 The Architect'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 demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-14 4,7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend and equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) Not Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 4.8 Resolution of Claims and Disputes 4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-15 approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.8.5 Court Determination of ClaimslDisputes. Any claim or dispute that the parties are unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. ARTICLE 5 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect 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 Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-16 shall not be required to contract with anyone to whom the Owner, Construction Manager, or Architect has made reasonable objection. 5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .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. 5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or 01/23/029:20 AM General Conditions of the Contract for Construction 00750-17 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 Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other Contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors have reciprocal obligations. 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the Contract price, nor a claim against the Owner or Construction 01/23/02 9: 20 AM General Conditions of the Contract for Construction 00750-18 Manager for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. ARTICLE 7 CHANGES IN THE WORK 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. 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive require agreement by the Owner, Construction Manager and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined in one or more of the following: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-19 .2 unit prices stated in the Contract Documents or subsequently agrees upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager 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 Construction Manager. The daily force account forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager 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 Construction Manager. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing this Work will be five percent (5%); .3 if the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that 01/23/029:20 AM General Conditions of the Contract for Construction 00750-20 might be ordered. Any additional supporting documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to the Construction Manager for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.4 Authority 7.4.1 The Architect 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 Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect 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/Construction Manager shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor and Architect. 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-21 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not more than seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-22 9.2 Schedule of Values 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through the Construction Manager, 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 Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Certificate for Payment 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from 01/23/029:20 AM General Conditions of the Contract for Construction 00750-23 other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect'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 Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Certification 9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, 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. .1 No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, within all the requirements of Article 11, have been filed with the Owner and Construction Manager. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-24 9.6 Progress Payments 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. From the total of the amount determined to be payable on a progress payment, ten percent (10%) of such total amount will be deducted and retained by the Owner until final payment is made. The balance ninety percent (90%) of the amount payable, less all previous payments, shall be certified for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner, Construction Manager nor Architect 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 Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by is Subcontractor interest therein. The 01/23/029:20 AM General Conditions of the Contract for Construction 00750-25 Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-26 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect 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 Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor ~ny remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (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 payments currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bond have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manger prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and 01/23/029:20 AM General Conditions of the Contract for Construction 00750-27 identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect or Construction Manager that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-28 objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-29 or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, 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 Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additionallnsured" 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. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-30 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 11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. 11.3 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect 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 01/23/029:20 AM General Conditions of the Contract for Construction 00750-31 completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense, if the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, if such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-32 ARTICLE 13 MISCELLANEOUS PROVISION 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 Construction Manager (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager. 13.3 Written Notice 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Stephanie Coffer Monroe County Construction Management Department 1100 Simonton Street Room 2-216 Key West, Florida 33040 or hand delivered to the Construction Manager's office. 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, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having 01/23/029:20 AM General Conditions of the Contract for Construction 00750-33 jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect 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 Construction Manager, Architect, 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 Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Contractor 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; 01/23/029:20 AM General Conditions of the Contract for Construction 00750-34 .3 because the Construction Manager or Architect has not issued a certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 Termination by the Owner for Cause 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 01/23/029:20 AM General Conditions of the Contract for Construction 00750-35 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. 14.3 Suspension by the Owner for Convenience 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. END OF SECTION 00750 01/23/02 9:20 AM General Conditions of the Contract for Construction 00750-36 INTERIOR ELECTRIC RENOVATION AT EAST MARTELLO TOWER Key West, Florida Monroe County, Florida BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro tem Dixie M. Spehar, District 1 George Neugent, District 2 Nora Williams, District 4 Murray Nelson, District 5 COUNTY ADMINISTRATOR James L. Roberts CLERK OF THE CIRCUIT COURT Danny L. Kolhage DIRECTOR OF PUBLIC WORKS Dent Pierce COUNTY ENGINEER David S. Koppel, P.E. June 2002 PREPARED BY: Monroe County Public Works Division Construction Management EAST MARTELLO ELECTRIC GENERAL SPECIFICATIONS TABLE OF CONTENTS 1. Bidding Documents Section 00030 Section 001 00 Section 00110 Section 00163 Section 00300 Section 00350 Section 00400 Contract Documents Section 00500 Section 00501 2. Conditions Section 00750 Section 00970 Section 00980 Section 00990 Notice of Calling for Bids Instruction to Bidders Proposal Form Pre-Bid Substitutions Scope of Work Milestone Schedule/Liquidated Damages Insurance Requirements and Forms Form of Agreement between Owner and Contractor Public Construction Bond General Conditions Project Safety and Health Plan Contractor Quality Control Plan Special Conditions 3. General Requirements Section 01010 Section 01015 Section 01027 Section 01040 Section 01045 Section 01200 Section 01301 Section 01310 Section 01370 Section 01385 Section 01395 Section 01400 Section 01410 Summary of Work Contractor's Use of the Premises Application for Payment Project Coordination Cutting and Patching Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Request for Information - (RFI) Quality Control Testing Laboratory Services TABLE OF CONTENTS 06/05/02 4:28 PM TABLE OF CONTENTS 00000-1 EAST MARTELLO ELECTRIC Section 01421 Section 01500 Section 01510 Section 01520 Section 01550 Section 01560 Section 01590 Section 01595 Section 01600 Section 01630 Section 01640 Section 01700 Section 01710 Section 01720 Section 01730 Section 01740 (General Requirements Continued) Reference Standards and Definitions Temporary Facilities Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions Product Handling Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data Warranties 4. Technical Specifications Section 02070 Section 07920 Section 1601 0 Section 16100 Section 16110 Section 16120 Section 16130 Section 16143 Section 16190 Section 16452 Section 16500 Selective Demolition Caulking and Sealant General Electrical Provisions Basic Electrical Material and Methods Raceways Wires and Cables Outlet Pull and Junction Boxes Wiring Devices Supporting Devices Grounding Light Fixtures END TABLE OF CONTENTS 06/05/02 4:28 PM 00000-2 TABLE OF CONTENTS EAST MARTELLO ELECTRIC SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on 09 JULY 2002 at 11 :00 AM. The Monroe County Purchasing Office will open sealed bids for the following: INTERIOR ELECTRIC AT EAST MARTELLO TOWER & MUSEUM 3501 SOUTH ROOSEVELT BOULEVARD, KEY WEST, FLORIDA SCOPE OF WORK Restoration of existing electrical work located at East Martello Tower, a solid brick structure, in Key West, Monroe County, Florida. The work will include, but not necessarily be limited to, the following items: 1. Remove any existing metal conduit, junction boxes, and fittings, as identified by Construction Documents. 2. Replace all removed metal conduit, junction boxes, and fittings, with PVC SCH40. 3. All conduit shall be surface mounted and strapped per NEC. All electrical wire will be THHN or THWN, minimum # 12. Use same raceway for lighting and receptacles, whenever possible to minimize any negative visual effects to a historical building. 4. Provide necessary wiring for PIR (motion sensor) switching devices, installed by others, as indicated on drawings. All PIR sensors will be wall mounted, by others. 5. Contractor is to install new emergency/exit lighting, which shall be coordinated with the Fire Marshall and installed per his requirements as identified on plans. 6. All equipment and fixtures shall be provided and installed as specified. Specifications and Bid Documents may be requested from DemandStar by Onvia by calling toll-free at 1-800-711-1712, or by going to the website at www.demandstar.com or http://www.co.monroeJl.us/ Mandatory pre-bid conference will be held on 25 JUNE 2002 at 10:00 A.M. at the project site. General Contractors are required to be present. All bids must be received by the Monroe County Purchasing Office on or before 11 :00 AM on 09 JULY 2002. Any bids received after this date and time will be automatically rejected. Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope clearly marked on the outside: "Sealed Bid for Interior Electric at East Martello Tower", addressed and delivered to: 06/05/02 4:28 PM NOTICE OF CALLING FOR BIDS 00030-1 EAST MARTELLO ELECTRIC Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 All bids must remain valid for a period of ninety (90) days. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997). Questions and further information may be obtained by contacting Stephanie Coffer, Director of Planning and Construction, 1100 Simonton Street, Room 2-216, Key West, Florida, 33040, (305) 292-4429. Dated at Key West, Florida, this day of ,2002. Monroe County Purchasing Department 06/05/02 4:28 PM NOTICE OF CALLING FOR BIDS 00030-2 EAST MARTELLO ELECTRIC SECTION 00100 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accordance with these Instructions to Bidders. ARTICLE 1 DEFINITIONS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions shall have the same meanings or definitions as assigned to them in the General Conditions. 1.2 Bidding Documents include the Advertisement to Bid, Instructions to Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work, Milestone Schedule and other sample bidding and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Bids. The Contract Documents proposed for the Work consist of the Standard Form of Agreement, General Conditions, Supplementary General Conditions, General Requirements, Technical Specifications, Drawings, and other sample contract forms. 1.3 Addenda are written or graphic instruments issued by the Owner through the Construction Manager prior to the receipt of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.4 A Bid is a complete and properly signed proposal to do the Work for the lump sums, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Bidding Documents. 1.5 Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which may be added or from which Work may be deleted for sums stated in Alternate Bids or Owner Option Bids. 1.6 Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 1.7 Owner Option Bid (or Option) is an amount stated in the Bid, which can be exercised by the Owner through the Construction Manager, for the corresponding change in the work as described in the Bidding Documents. This Owner Option can be exercised at any time during the contract duration. 1.8 Bidder is a person or entity who submits a Bid. 1.9 Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of the Work. 1.10 Allowance is a given amount to be included in the Bidders proposal. From this Allowance, payments will be made to the vendor for the specified service or project. If the contractor is responsible for making payments, he will be reimbursed for the 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-1 EAST MARTELLO ELECTRIC payments to the vendor via presentation of invoices in his monthly payment application. Allowance includes labor, materials, installation, permits, etc. 1.11 "Provide" means "furnish and install". Wherever "provide" or "furnish and install" are used, this shall mean purchase, and all purchasing requirements and procedures, and installation complete, as per the specified or implied requirements. 1.12 "Perform" means to comply fully with the specified or implied requirements. ARTICLE 2 COPIES OF BIDDING DOCUMENTS 2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Notice of Calling for Bids for the stipulated deposit sum. Deposits should be made payable to Monroe County, Florida. Bidders who submit a bona fide bid and return the Bidding Documents, with all addenda, in good condition within (20) calendar days after receipt of bids, will be refunded the deposit sum. If pages are written on, drawings are torn, or if the issuing office considers the Bidding Documents unusable, then the deposit will be forfeited. 2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids where applicable. Neither the Owner nor the Construction Manager, nor the Architect/Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Submitted Bids MUST include an Insurance Agent Statement and a completed Insurance Checklist. ARTICLE 3 EXAMINATION OF BIDDING DOCUMENTS AND SITE 3.1 Before Submitting a Bid: 3.1.1 Each Bidder shall thoroughly examine all the Bidding Documents. 3.1.2 Each Bidder shall visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.2 The lands upon which the Work is to be performed, right-of-ways for access thereto and other lands designated for use by the Contractors in performing the Work are identified in the General Requirements or Drawings. 3.3 Each Bidder shall study and carefully correlate his observations with the Contract Documents. 3.4 The submission of a Bid will constitute a representation by the Bidder that he has complied with every requirement of Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-2 EAST MARTELLO ELECTRIC ARTICLE 4 INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS 4.1 Bidders and Sub-bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions. 4.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall submit their questions in writing to the Architect no later than ten calendar days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be accomplished by Addenda mailed or delivered to all parties recorded as having received plans. Copies of Addenda will also be made available for inspection wherever Bidding Documents are on file for that purpose. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5 BIDDING PROCEDURE 5.1 FORM AND STYLE OF BIDS 5.1.1 The Bid Proposal shall be submitted on the forms included in Section 00110 of these Bidding Documents with the exception of the Bid Bond, which may be submitted in alternate forms as described in Section 5.3.1 of these Instructions to Bidders. Each of the forms in Section 00110, must be properly filled out, executed, and submitted as the Bid Proposal. 5.1.2 All blanks on the Bid Form shall be filled in with ink or by typewriter. 5.1.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. 5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Bid. 5.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change". Failure to comply shall constitute a non-responsive bid. 5.1.6 All requested Allowances shall be bid. Failure to comply shall constitute a non- responsive bid. 5.1.7 All requested Owner Options shall be bid. Failure to comply shall constitute a non-responsive bid. 5.2 ADDENDA 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-3 EAST MARTELLO ELECTRIC 5.2.1 Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued, and he shall acknowledge their receipt in his Bid. 5.2.2 No Addenda will be issued later than five calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 5.2.3 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 5.3 BID SECURITY 5.3.1 Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the amount of five percent of the Bidder's maximum Bid price. The Bid Security shall be in the form of a certified check, cashiers check or a Bid Bond issued by a surety meeting the requirements of the form in Section 00110. If a Bid Bond is submitted as Bid Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his power of attorney. 5.3.2 The bid surety constitutes a pledge by the Bidder that he will enter into a Contract with the Owner on the terms stated in his Bid and will furnish the required Public Construction Bond, as described in the General and Supplementary Conditions of this contract. The Bid Security of the successful Bidder will be retained until such Bidder has entered into a Contract with the Owner and furnished the required Public Construction Bond, whereupon it will be returned. If the successful Bidder fails to execute and deliver the Contract and furnish the required Bond, the Owner may annul the Notice of Award and the amount of the bid security of that Bidder shall be forfeited to the Owner not as a penalty, but as liquidated damages. 5.3.3 The bid security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until either (a) the Contract has been executed and the required Bond has been furnished, or (b) the ninety-first (91 st) day after the Bid opening, or (c) all Bids have been rejected. The bid security of the other Bidders will be returned within twenty-one (21) days of the Bid opening. 5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS 5.4.1 The overall schedule for construction is shown in the Bidding Documents "Milestone Schedule." 5.4.2 The Contractor will be required to provide adequate manpower and equipment in order to meet the requirements of the schedule. 5.4.3 The Bidders shall determine all permits, impact fees, inspections and surveys (and fees required by same) required by Federal, State, or Municipal bodies having jurisdiction over the project and shall include in his bid proposal the cost of all such permits, impact fees, inspections and surveys. The Contractor shall be required to secure all such permits, impact fees, inspections and surveys required for the execution of this Contract. The County will not assess any 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-4 EAST MARTELLO ELECTRIC County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. 5.5 SUBMISSION OF BIDS 5.5.1 Bids shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Bids indicated in the Notice of Calling for Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. 5.5.2 Two (2) originals and one (1) copy of all bidding documents are to be submitted. Place the bid security in its own separate envelope, marking on the outside "Bid Security", and place all other bidding documents in another envelope, marking on the outside "Proposal Documents". Both envelopes are to be inserted in one larger envelope. If the Bid is hand-delivered, the envelope shall be filled out as follows: 1. In the upper left hand corner, place the Bidder's name and address. 2. In the center of the envelope, put the following: Monroe County Purchasing Department 1100 Simonton Street, Room 2-213 Key West, FL 33040 3. In the lower left hand corner, put the following: Bid for: Interior Electric at East Martello Tower To be opened: 09 JULY 2002 (Date) 11:00 A.M. (Time) In item 3. above, fill in the Bid for and Project Name. In addition, fill in the date and time for opening of the bids, in order that you may remind yourself of the deadline. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. And then address the mailing envelope in the conventional manner. 5.5.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 5.5.4 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration. 5.6 MODIFICATION AND WITHDRAWAL OF BIDS 5.6.1 A Bid may not be modified, withdrawn, or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids and each Bidder so agrees in submitting his Bid. 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-5 EAST MARTELLO ELECTRIC 5.6.2 Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to Monroe County Purchasing Department at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the bidder or by telegram. If by telegram, the written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid. 5.6.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 5.6.4 Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted. 5.6.5 Conditional, modified, or qualified bids will be rejected. Bidders are to comply with the instructions on the bid forms, and not make any changes thereto. 5.7 RIGHT TO CLAIM ERROR IN BID 5.7.1 Each Bidder's original work papers, documents, and materials used in preparation of the bid shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Bids, or any extension thereof made by Addendum. Bidders who fail to submit their original work papers, documents, and materials used in the preparation of the bid, as provided herein, waive all rights to claim error in the Bid. 5.7.2 Owner will review documents submitted within the designated time frame for the purpose of determining the validity of the Bidders claim. 5.7.3 Following review of the Bidder's claim the Owner may: a. Allow the Bidder to withdraw the Bid and the Owner retains the Bid Security. b. Allow the Bidder to withdraw the Bid and the Owner returns the Bid Security. c. Allow the Bidder to enter into contract for the proposed Work at the original Bid price. ARTICLE 6 CONSIDERATION OF BIDS 6.1 OPENING OF BIDS 6.1.1 The properly identified Bids received on time will be opened at the Monroe County Purchasing Department. 6.1.2 Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated in the Notice of Calling for Bids will be returned unopened. 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 001 00-6 EAST MARTELLO ELECTRIC 6.2 BIDS TO REMAIN OPEN 6.2.1 All Bids shall remain open for ninety (90) days after the date designated for receipt of Bids. 6.2.2 The Owner may, at his sole discretion, release any Bid Proposal and return the Bid Security before the ninety (90) days has elapsed. 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all Bids or any part of a Bid, to waive the right to disregard all non-conforming, non-responsive or conditional Bids. 6.3.2 In evaluating Bids, the Owner may consider the qualifications of the bidders and whether or not the Bids comply with the prescribed requirements in the Bid Instruction. If requested by the Construction Manager, Bidders shall submit a properly filled out and executed Contractor's Qualification Statement after submission of bid, and prior to the Bid Clarification Meeting. An AlA Document A305-1986 is to be completed for this purpose. 6.3.3 The Owner shall have the right to accept alternates. The alternates will be accepted only in the order they are listed; alternate number one will be accepted first, alternate number two, second, and so on. 6.3.4 The Owner may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work. If requested by the Construction Manager, Bidders shall submit their listing of subcontractors after submission of bids, and prior to the Bid Clarification Meeting. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this purpose. 6.3.5 The Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. The Owner has the right to conduct Bid Clarification meetings with any bidder, to determine if bidder has bid the scope of work in its entirety. Bidder shall be required to attend bid clarification meetings, as necessary. 6.3.6 The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to their satisfaction. 6.3.7 If the Contract is awarded, it will be awarded to the Bidder whose evaluation by the Owner shows him to be responsible and has indicated to the Owner that the award will be in the best interests of the Project. 6.3.8 If the Contract is to be awarded, the Construction Manager will issue the Notice of Award to the successful Bidder within ninety (90) days after the date of receipt 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-7 EAST MARTELLO ELECTRIC of bids. The Owner reserves the right to return all Bids, not make any awards, and cancel the Project. 6.3.9 The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Construction Manager in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. 6.4 EXECUTION OF CONTRACT 6.4.1 The Contractor shall sign and deliver all four copies of the Contract Agreement to the Construction Manager prior to the Board of County Commissioners Meeting scheduled to approve a Notice of Award. All other Contract Documents such as the Public Construction Bond and Insurance Certificates are to be provided to the Construction Manager within five days after receipt of Notice of Award. A Notice to Proceed will be issued to the Contractor upon satisfactory compliance with these provisions. In no event shall the failure of the Contractor to provide satisfactory bond and insurance certificates within the stipulated time be cause for an extension of the contract time. The Construction Manager will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner. ARTICLE 7 SPECIAL LEGAL REQUIREMENTS 7.1 Each Bidder, before submitting the Bid, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. 7.2 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. END SECTION 00100 06/05/02 4:28 PM INSTRUCTIONS TO BIDDERS 00100-8 EAST MARTELLO ELECTRIC SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein. Item Description Pages 1. Proposal Form 2-3 2. Bid Bond 4 3. Non-Collusion Affidavit 5 4. Lobbying and Conflict of Interest Clause 6 5. Drug-Free Workplace Form 7 6. Insurance Checklist & Agent Statement 8 -12 7. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 06/05/02 4:28 PM PROPOSAL FORM 00110-1 EAST MARTELLO ELECTRIC SECTION 00110 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 BID FROM: The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: INTERIOR ELECTRIC AT EAST MARTELLO TOWER & MUSEUM 3501 SOUTH ROOSEVELT BOULEVARD, KEY WEST, FLORIDA and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. (Total Base Bid - words) Dollars. I acknowledge receipt of Addenda No.(s) No. Dated No._Dated No._Dated No._Dated No._Dated 06/05/02 4:28 PM PROPOSAL FORM 00110-2 EAST MARTELLO ELECTRIC I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form_, the required Bid Security_, the Non-Collusion Affidavit_, and the Lobbying and Conflict of Interest Clause_. In addition, I have included a certified copy of Contractor's License, City of Key West Occupational Licence, Insurance Checklist and an Insurance Agent's Statement. (Check mark items above, as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) 06/05/02 4:28 PM PROPOSAL FORM 00110-3 EAST MARTELLO ELECTRIC AlA Document A)1o - ElectroniC Format Bid Bond THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN AITORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAITED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT DMlI KNOW ALL MEN BY THESE PRESENTS, that we (H~inSNt IiUJ nam~and address or l~aI titl~ofContractorJ as Principal, hereinafter called the Principal, and (H~ insert IiUJ n~and addressor l~al titl~ofSur~tyJ a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (H~ insert IiUJ ~ and IKidms or l~al titk ofOwn~rJ as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert IiUJ nam~ addms and desaiption ofproj<<tJ NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the tenns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 20 (Principal) (Seal) (Witness) (Tide) (Surety) (Seal) (Witness) (Tide) o 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT A310 - BID BOND - FEBRUARY 1970 EDITION - AIA~ - Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a31Omast.aia.. 21412002. AlA License Number 1123291, which expires on 113112003. Electronic Format AlIQ-1970 1 06/05/02 4:28 PM PROPOSAL FORM 00110-4 EAST MARTELLO ELECTRIC SECTION 00110 NON-COLLUSION AFFIDAVIT I, of the city according to law on my oath, and under penalty of pe~ury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the notice for calling for bids for: and that I executed the said proposal 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; and 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; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that said project. (Signature of Bidder) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being swom by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: 06/05/02 4:28 PM PROPOSAL FORM 00110-5 EAST MARTELLO ELECTRIC SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on by or has produced identification) ( date) (name of affiant). He/She is personally known to me as identification. (type of NOTARY PUBLIC My commission expires: 06/05/02 4:28 PM PROPOSAL FORM 00110-6 EAST MARTELLO ELECTRIC DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish 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. Inform 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. Give 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), notify 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make 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. Bidders Signature Date 06/05/02 4:28 PM PROPOSAL FORM 00110-7 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $1 00,000/$500,000/$1 00,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability WC1 WC2 WC3 WCUSLH X WCJA 06/05/02 4:28 PM PROPOSAL FORM 00110-8 EAST MARTELLO ELECTRIC GENERAL LIABILITY As a minimum, the required general liability coverage will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage . Products and Completed Operations · Personal Injury Required Limits: GL1 GL2 GL3 GL4 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit x Required Endorsement: GLXCU GLLlQ GLS Underground, Explosion and Collapse (XCU) Liquor Liability All endorsements are required to have the same limits as the basic policy. Security Services 06/05/02 4:28 PM PROPOSAL FORM 00110-9 EAST MARTELLO ELECTRIC VEHICLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired Vehicles Required Limits: VL1 VL2 VL3 x VL4 BR2 x MVC PR01 PR02 PR03 Agg. POL1 POL2 POL3 ED1 ED2 GK1 GK2 GK3 $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project. Motor Truck cargo Limits equal to the maximum value of anyone shipment. Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Pollution Liability $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Employee Dishonesty $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Garage Keepers 06/05/02 4:28 PM 00110-10 PROPOSAL FORM EAST MARTELLO ELECTRIC MED1 Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKL1 Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AE01 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. E01 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$1 ,000,000 Agg. E03 $1,000,000 per Occurrence/$3,000,000Agg. 06/05/02 4:28 PM 00110-11 PROPOSAL FORM EAST MARTELLO ELECTRIC INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature END SECTION 00110 06/05/02 4:28 PM PROPOSAL FORM 00110-12 EAST MARTELLO ELECTRIC SECTION 00163 PRE-BID SUBSTITUTIONS PART 1 - GENERAL 1.1 Document includes A. Pre-Bid Substitutions 1.2 BIDDER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one of products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating "or equivalent", "or equal", or "or Architect/Engineer approved equivalent", or similar wording, submit a request as for substitutions, for any product or manufacturer which is not specifically named for review and approval by the Architect. D. For products specified by naming only one product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the bidding by submitting completed substitution request form and substantiating product data/literature a minimum of ten calendar days prior to the Bid Date to the Architect/Engineer through the Construction Manager. 2. The Architect/Engineer will consider requests utilizing this section from the Bidder for substitution of products in place of those specified. 3. Those submitted 10 calendar days prior to Bid Date will be included in an addendum if acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. 06/05/02 4:28 PM PRE-BID SUBSTITUTIONS 00163-1 EAST MARTELLO ELECTRIC B. Submit separate request for each substitution. Support each request with: 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. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of required license fees or royalties. 7. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. Acceptance will require substantial revision of Contract Documents. 2. In the judgment of the Owner or Architect/Engineer, the substitution does not include adequate information necessary for a complete evaluation. D. The Architect/Engineer will determine the acceptability of any proposed substitution. 1.4 BIDDER'S REPRESENTATION A. In making formal request for substitution the Bidder represents that: 1. He has investigated proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 06/05/02 4:28 PM PRE-BID SUBSTITUTIONS 00163-2 EAST MARTELLO ELECTRIC 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract, but not: a. Costs under separate contracts. b. Architect/Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. 1.5 ARCHITECT/ENGINEER'S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1.6 SUBSTITUTION REQUEST 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 all required back-up data. 06/05/02 4:28 PM PRE-BID SUBSTITUTIONS 00163-3 EAST MARTELLO ELECTRIC TO: Project Architect/Engineer PH: FAX: 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: Title Signature Firm Address City / State / Zip Code Date Telephone Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: Approved Apvd as noted Not Apvd Rec'd too late Insufficient data received By Date 06/05/02 4:28 PM PRE-BID SUBSTITUTIONS 00163-4 EAST MARTELLO ELECTRIC 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. Designation of maintenance services and sources: (Attach additional sheets if required.) END SECTION 00163 06/05/02 4:28 PM PRE-BID SUBSTITUTIONS 00163-5 EAST MARTELLO ELECTRIC SECTION 00300 SCOPE OF WORK 1.1 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications included in this Bid Package. 1.2 SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager prior to notice to proceed. Contractor's license to accompany bid. .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. .4 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most strinQent condition shall be bid and constructed. Notify the Construction Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. .5 Contractor shall maintain As-Built DrawinQs, (Record Drawings per Section 01720), of his work progression. .6 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. END OF SECTION 00300 06/05/02 4:28 PM SCOPE OF WORK 00300-1 EAST MARTELLO ELECTRIC SECTION 00310 SUPPLEMENTARY BID FORM FOR UNIT PRICES TO: Monroe County Herein called "Owner" 1. The undersigned, having examined the proposed Contract Documents titled: INTERIOR ELECTRIC AT EAST MARTELLO TOWER & MUSEUM 3501 SOUTH ROOSEVELT BOULEVARD, KEY WEST, FLORIDA And having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the Work as required by said proposed Contract Documents. The following prices include all General contractor mark-up and are net to the Owner. 2. Should additional concrete repairs be required, the undersigned proposes the following unit prices. NONE 3. The undersigned understands and agrees to comply with and to be bound by any instructions to bidders issued for this Work. 4. The undersigned acknowledges receipt of Addenda: No._DATED: No._DATED: No._DATED: NO. NO. NO. DATED: DATED: DATED: BIDDER: BY: ADDRESS: LICENSE NO. 06/05/02 4:28 PM SUPPLEMENTARY BID FORM FOR UNIT PRICES 00310-1 EAST MARTELLO ELECTRIC LICENSE TYPE By dated this day of 20_. END OF SECTION 00310 06/05/02 4:28 PM SUPPLEMENTARY BID FORM FOR UNIT PRICES 00310-2 EAST MARTELLO ELECTRIC SECTION 00350 MILESTONE SCHEDULE/LIQUIDATED DAMAGES This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special milestone dates. 1. Bid Documents Available.. ........................................ ....................... 18 June 2002 2. Pre-Bid Conference ....................................................................... 25 June 2002 3. Bid Due Date............................. .................. ..... ................................ 09 July 2002 4. Award Date (Anticipated)..............................................................23 August 2002 5. Notice to Proceed and Pre-Construction Meeting (Anticipated) ... 26 August 2002 6. Final Completion.................. ...................................................25 September 2002 Contract Completion within 30 DAYS of Commencent. LIQUIDATED DAMAGES Conditions Under Which Liquidated Damages are Imposed-The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. CONTRACT AMOUNT Under 50,000.00 $50.000.00-99,999.00 $100,000.00-499,999.00 $500,000.00 and Up FIRST 15 DAYS $50.00/Day 100.00/Day 200.00/Day 500.00/Day SECOND 15 DAYS $100.00/Day 200.00/Day 500.00/Day 1,000.00/Day 31ST DAY & THEREAFTER $250.00/Day 750.00/Day 2,000.00/Day 3,500.00/Day The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. END OF SECTION 00350 06/05/02 4:28 PM MILESTONE SCHEDULE/LIQUIDATED DAMAGES 00350-1 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 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. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-1 EAST MARTELLO ELECTRIC In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-2 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC1 WC2 WC3 WCUSLH x X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act WCJA Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability 06/05/02 4:28 PM 00400-3 INSURANCE REQUIREMENTS AND FORMS EAST MARTELLO ELECTRIC GENERAL LIABILITY As a minimum, the required general liability coverage will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage · Products and Completed Operations · Personal Injury Required Limits: GL 1 x $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLlQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-4 EAST MARTELLO ELECTRIC VEHICLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired Vehicles Required Limits: VL 1 x VL2 VL3 VL4 BR2 x MVC PR01 PR02 PR03 POL1 POL2 POL3 ED1 ED2 GK1 GK2 GK3 MED1 06/05/02 4:28 PM $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project. Motor Truck cargo Limits equal to the maximum value of anyone shipment. Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Pollution Liability Employee Dishonesty $ 10,000 $100,000 Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Medical $ 250,000/$ 750,000 Agg. INSURANCE REQUIREMENTS AND FORMS 00400-5 EAST MARTELLO ELECTRIC MED2 MED3 MED4 IF VLP1 VLP2 VLP3 BLL HKL1 HKL2 HKL3 AIR1 AIR2 AIR3 AE01 AE02 AE03 E01 E02 E03 Professional Installation Floater Hazardous Cargo Transporter Bailee Liab. Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions $ 500,000/$ 1,000,000 Agg. $1,000,000/$ 3,000,000 Agg. $5,000,000/$10,000,000 Agg. Maximum value of Equipment Installed $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$3,000,000 Agg. $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$3,000,000 Agg. 06/05/02 4:28 PM 00400-6 INSURANCE REQUIREMENTS AND FORMS EAST MARTELLO ELECTRIC BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall be 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 shall include: Theft Windstorm Hail Explosion Riot Civil Commotion Aircraft Vehicles Smoke Fire Collapse Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-7 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and Hold Harmless for Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor( s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-8 EAST MARTELLO ELECTRIC GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $ 300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurence $ 50,000 per Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-9 EAST MARTELLO ELECTRIC VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 100,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 $ 100,000 $ 25,000 per Person per Occurrence Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-1 0 EAST MARTELLO ELECTRIC WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 100,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits $ 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-11 EAST MARTELLO ELECTRIC MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and . The Indemnification and Hold Harmless provisions WaivinQ of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. MONROE COUNTY, FLORIDA 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-12 EAST MARTELLO ELECTRIC Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-13 EAST MARTELLO ELECTRIC INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _Occurrence Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature 06/05/02 4:28 PM INSURANCE REQUIREMENTS AND FORMS 00400-14 EAST MARTELLO ELECTRIC Section 00500 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STlPULA TED SUM AGREEMENT made as of the year of (In Words, indicate day, month and year.) day of in the BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and address) For the following Project: (Include detailed description of project, location, address and scope) The Construction Manager is: (Name and address) Stephanie Coffer Monroe County Construction Management 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 The Architect is: (Name and Address) The Owner and Contractor agree as set forth below. 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1 EAST MARTELLO ELECTRIC ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) calendar days from date of Commencement. subject to adjustments of the Contract Time as provided by the Contract Document (Insert provisions if any for liquidated damages relating to failure to complete on time) ARTICLE 4 Contract Sum 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 EAST MARTELLO ELECTRIC 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of ($ /100 Dollars ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NONE (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: NONE ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Twenty-first day of the Same month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 EAST MARTELLO ELECTRIC for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitations) ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 EAST MARTELLO ELECTRIC (Insert rate of interest agreed upon, if any) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 EAST MARTELLO ELECTRIC 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Pages Title As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the contract Documents unless enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6 EAST MARTELLO ELECTRIC (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor/Chairman Date (SEAL) Attest: CONTRACTOR By: By: Title: Title: END OF SECTION 00500 06/05/02 4:28 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-7 EAST MARTELLO ELECTRIC SECTION 00501 PUBLIC CONSTRUCTION BOND BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20_, between Principal and Owner for construction of the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON ,20_. (NAME OF PRINCIPAL) BY (AS ATTORNEY-iN-FACT) (NAME OF SURETY) 06/05/02 4:28 PM PUBLIC CONSTRUCTION BOND 00501-1 EAST MARTELLO ELECTRIC Section 00750 General Conditions of the Contract for Construction Where the Construction Manager is Not a Constructor Table of Articles 1. General Provisions 8. Time 2. Owner 9. Payments and Completion 3. Contractor 10. Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13. Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-1 EAST MARTELLO ELECTRIC ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. 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 the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 The Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. 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 bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-2 EAST MARTELLO ELECTRIC 1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work. 1.4 Capitalization 1.4.1 Terms capitalization 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. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-3 EAST MARTELLO ELECTRIC 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. ARTICLE 2 OWNER 2.1 Definition 2.1.1 The Owner 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 "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 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 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, 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. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-4 EAST MARTELLO ELECTRIC 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the Construction Manager, notice will be given, and contractor is required to rectify deficiency immediately. ARTICLE 3 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Construction Manager and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-5 EAST MARTELLO ELECTRIC 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as provided in Subparagraphs 4.6.3 and 4.6.4. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with the Construction Manager, 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. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-6 EAST MARTELLO ELECTRIC 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies 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 Owner will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to the Construction Manager and shall not be changed 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-7 EAST MARTELLO ELECTRIC except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised as 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 seven (7) 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 Construction Manager's approval. 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-8 EAST MARTELLO ELECTRIC given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials through the Architect to the Construction Manager for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-9 EAST MARTELLO ELECTRIC 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manger, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of the Architect/Engineer shall also be required. The Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Construction Manager. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 Indemnification and Hold Harmless 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-10 EAST MARTELLO ELECTRIC 3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 Architect 4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Construction Manager 4.2.1 The Construction Manager 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 "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a construction manager or architect against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former construction manager or architect, respectively. 4.6 Administration of the Contract 4.6.1 The Construction Manager and Architect 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 Construction Manager and Architect 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 Construction Manager 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. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-11 EAST MARTELLO ELECTRIC 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. 4.6.5 The Architect 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 Architect 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, the Architect 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 Construction Manager, except to the extent required by Architect will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Construction Manager, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. 4.6.8 The Architect will review and certify all Applications for Payment by the Contractor, including final payment. The Architect will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Architect will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Construction Manager. 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. 4.6.10 The Architect 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 Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of the Contract Documents, the Construction Manager will have 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-12 EAST MARTELLO ELECTRIC 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 Construction Manager will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 The Architect will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Construction Manager those recommended for approval. The Architect's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Architect will forward to the Construction Manager a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 The Architect will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Construction Manager, 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-13 EAST MARTELLO ELECTRIC Owner or Contractor. The Architect'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 Architect shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of the Architect 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 Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 The Architect'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 demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-14 EAST MARTELLO ELECTRIC .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend and equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) Not Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 4.8 Resolution of Claims and Disputes 4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-15 EAST MARTELLO ELECTRIC action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.8.5 Court Determination of Claims/Disputes. Any claim or dispute that the parties are unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. ARTICLE 5 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect 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 Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-16 EAST MARTELLO ELECTRIC 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner, Construction Manager, or Architect has made reasonable objection. 5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .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. 5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-17 EAST MARTELLO ELECTRIC 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 Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other Contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors have reciprocal obligations. 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-18 EAST MARTELLO ELECTRIC Manager for an increase in the Contract price, nor a claim against the Owner or Construction Manager for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. ARTICLE 7 CHANGES IN THE WORK 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. 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive require agreement by the Owner, Construction Manager and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined in one or more of the following: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-19 EAST MARTELLO ELECTRIC .2 unit prices stated in the Contract Documents or subsequently agrees upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager 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 Construction Manager. The daily force account forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager 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 Construction Manager. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing this Work will be five percent (5%); .3 if the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-20 EAST MARTELLO ELECTRIC might be ordered. Any additional supporting documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to the Construction Manager for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.4 Authority 7.4.1 The Architect 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 Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect 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/Construction Manager shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor and Architect. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-21 EAST MARTELLO ELECTRIC 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not more than seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-22 EAST MARTELLO ELECTRIC 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through the Construction Manager, 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 Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Certificate for Payment 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-23 EAST MARTELLO ELECTRIC 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect'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 Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Certification 9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, 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. .1 No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, within all the requirements of Article 11, have been filed with the Owner and Construction Manager. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-24 EAST MARTELLO ELECTRIC 9.6 Progress Payments 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. From the total of the amount determined to be payable on a progress payment, ten percent (10%) of such total amount will be deducted and retained by the Owner until final payment is made. The balance ninety percent (90%) of the amount payable, less all previous payments, shall be certified for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner, Construction Manager nor Architect 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 Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by is Subcontractor interest therein. The 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-25 EAST MARTELLO ELECTRIC Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-26 EAST MARTELLO ELECTRIC and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect 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 Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (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 payments currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bond have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manger prior to certification of such payment. Such payment 06/05/024:28 PM General Conditions of the Contract for Construction 00750-27 EAST MARTELLO ELECTRIC shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect or Construction Manager that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect 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 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-28 EAST MARTELLO ELECTRIC substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-29 EAST MARTELLO ELECTRIC 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, 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 Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed bylaw. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additionallnsured" on all policies, except for Worker's Compensation. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-30 EAST MARTELLO ELECTRIC 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 11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. 11.3 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-31 EAST MARTELLO ELECTRIC before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense, if the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, if such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-32 EAST MARTELLO ELECTRIC in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISION 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 Construction Manager (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager. 13.3 Written Notice 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Stephanie Coffer Monroe County Construction Management Department 1100 Simonton Street Room 2-216 Key West, Florida 33040 or hand delivered to the Construction Manager's office. 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, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-33 EAST MARTELLO ELECTRIC 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect 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 Construction Manager, Architect, 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 Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Contractor 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-34 EAST MARTELLO ELECTRIC .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Construction Manager or Architect has not issued a certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 Termination by the Owner for Cause 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-35 EAST MARTELLO ELECTRIC 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. 14.3 Suspension by the Owner for Convenience 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. END OF SECTION 00750 06/05/02 4:28 PM General Conditions of the Contract for Construction 00750-36 EAST MARTELLO ELECTRIC SECTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. 1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS A. It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, the following: 1. In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. 2. The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. 3. Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. 4. Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, water supply, fire protection, sanitation facilities, waste disposal and other related items. 5. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 6. A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to Monroe County. A copy of the insurance report for workmen compensation cases shall be provided to Monroe County. 7. Each Contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. 8. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 06/05/02 4:28 PM PROJECT SAFETY AND HEALTH PLAN 00970-1 EAST MARTELLO ELECTRIC 9. Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1 :00 pm for a joint site clean-up effort not to exceed a duration of three hours. In summary, there will be a three-part clean-up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or 10%, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. 10. This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. 11. Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. 12. Temporary construction aids such as ladders, scaffolds, stairs, railings, etc., shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, State, Local or manufacturer's recommendations or stipulations. 13. Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. 14. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 06/05/02 4:28 PM PROJECT SAFETY AND HEALTH PLAN 00970-2 EAST MARTELLO ELECTRIC 15. All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. 16. All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes. These forms are to be transmitted to Monroe County on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. 17. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. 18. No personal radios or stereos will be allowed on the job-site. 1.3 FIRE PROTECTION A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES A. It shall be the Contractor's sole and exclusive responsibility (a) to provide personnel capable of working adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed; and (d) to continuously supervise and inspect the work being performed to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. 1.5 BARRICADES, WARNING DEVICES AND LIGHTING 06/05/02 4:28 PM PROJECT SAFETY AND HEALTH PLAN 00970-3 EAST MARTELLO ELECTRIC A. The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or the Construction Manager. END OF SECTION 00970 06/05/02 4:28 PM PROJECT SAFETY AND HEALTH PLAN 00970-4 EAST MARTELLO ELECTRIC SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 CONSTRUCTION MANAGEMENT'S DUTIES AND RESPONSIBILITIES A. The Construction Management Superintendent will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to the Architect/Engineer. Any submittal that is at variance to the contract requirements must be identified as such and transmitted to the Construction Manager for submittal and approval by the Architect/Engineer or 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 Architect/Engineer. D. The Contractor will bear the responsibility of scheduling all required testing and inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Construction Management is completed. Items determined unsalvageable will be removed 06/05/02 4:28 PM CONTRACTOR QUALITY CONTROL PLAN 00980-1 EAST MARTELLO ELECTRIC from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. 1.3 INSPECTION AND TESTING A. INSPECTION PLAN Construction Management utilizes a multi-point inspection plan for each separate feature of work to be performed under this Contract, Le., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: 1. Preparatory Inspection-Prior to commencing the work, the Contractor's Quality Control Representative will meet with the Construction Management Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: Construction Management will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection-Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with the Construction Management Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Configuration 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: Construction Management will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections-The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the 06/05/02 4:28 PM CONTRACTOR QUALITY CONTROL PLAN 00980-2 EAST MARTELLO ELECTRIC work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to the Construction Management Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.4.B of this plan.) Note: The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections-Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with the Construction Management Superintendent, if he so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Contractor shall conduct and report corrections of this inspection which shall be a required submittal. 5. Follow-On Inspections-Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: Construction Management will record the minutes to this inspection meeting. 6. Pre-Final Inspection-Upon substantial completion of the project work Construction Management shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspection which shall be conducted by the Architect/Engineer. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. B. OPERATION AND CHECK OUT TESTING 06/05/02 4:28 PM CONTRACTOR QUALITY CONTROL PLAN 00980-3 EAST MARTELLO ELECTRIC The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Construction Management Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. C. FINAL INSPECTION Construction Management will coordinate and attend all final inspections of the work by the Architect/Engineer. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 for contract closeout. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Construction Management. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding 06/05/02 4:28 PM CONTRACTOR QUALITY CONTROL PLAN 00980-4 EAST MARTELLO ELECTRIC corrective action taken. Significant nonconformances need 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 Construction Management. 1.5 AUDITS A. Construction Management may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. END OF SECTION 00980 06/05/02 4:28 PM CONTRACTOR QUALITY CONTROL PLAN 00980-5 EAST MARTELLO ELECTRIC SECTION 00990 SPECIAL CONDITIONS 1. Construction shall be conducted in such a manner as to cause the least possible interruption to normal County business. Necessary access to and from adjacent buildings and the parking area shall be provided at all times. 2. Contractor shall take all means necessary to contain dust and debris as an integral part of the work. 3. Weather intrusion and unauthorized access to the Project Site due to construction activities shall be prevented by the Contractor's careful scheduling of work, or other means satisfactory to the Owner. 4. Contractor shall coordinate construction activities as necessary to avoid security or safety concerns at the Project Site. 5. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing which are due to reasonably foreseeable circumstances shall be denied and shall remain the sole risk and expense of the Contractor. Field measured dimensions shall be obtained by the Contractor prior to placing orders for fabrications or prefabricated materials. Adjustments, delays, re-fabrications, or replacement materials due to inaccurate information are the sole responsibility of the Contractor. END OF SECTION 00990 06/05/02 4:28 PM SPECIAL CONDITIONS 00990-1 EAST MARTELLO ELECTRIC SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS: A. Attached GENERAL CONDITIONS, SITE CONDITIONS, SPECIAL CONDITIONS, BID FORM, forms a component part of this section. 1.2 SUMMARY OF WORK: Restoration of existing electrical work located at East Martello Tower, a solid brick structure, in Key West, Monroe County, Florida. The work will include, but not necessarily be limited to, the following items: 1. Remove any existing metal conduit, junction boxes, and fittings, as identified by Construction Documents. 2. Replace all removed metal conduit, junction boxes, and fittings, with PVC SCH40. 3. All conduit shall be surface mounted and strapped per NEC. All electrical wire will be THHN or THWN, minimum # 12. Use same raceway for lighting and receptacles, whenever possible to minimize any negative visual effects to a historical building. 4. Provide necessary wiring for PIR (motion sensor) switching devices, installed by others, as indicated on drawings. All PIR sensors will be wall mounted, by others. 5. Contractor is to install new emergency/exit lighting, which shall be coordinated with the Fire Marshall and installed per his requirements as identified on plans. 6. All equipment and fixtures shall be provided and installed as specified. 1.3 INTENT OF THE SPECIFICATIONS: A. The intent of these specifications is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings, specifications, and contract documents are complimentary, and what is required by one shall be as binding as if required by all. 1.4 PROTECTION: A. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the Contract. B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. 06/05/02 4:28 PM SUMMARY OF THE WORK 01010-1 EAST MARTELLO ELECTRIC C. Barricades shall be erected to fence off all construction areas from operations personnel. D. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state and local and owner fire and safety requirements. 3. Advise owner whenever work is expected to be hazardous to owner employees and/or operations. 4. Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced. 5. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 1.5 HOUSEKEEPING: A. Keep materials neat and orderly. B. Remove scrap, waste and debris from project area. C. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. D. Fire protection during construction. E. Housekeeping required on a daily basis. END OF SECTION 01010 06/05/02 4:28 PM SUMMARY OF THE WORK 01010-2 EAST MARTELLO ELECTRIC SECTION 01015 CONTRACTOR'S USE OF PREMISES PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: 1. This Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. B. Related work: 1. 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. B. 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 A. 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. B. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. 2. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." 06/05/02 4:28 PM CONTRACTOR'S USE OF PREMISES 01015-1 EAST MARTELLO ELECTRIC 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 06/05/02 4:28 PM CONTRACTOR'S USE OF PREMISES 01015-2 EAST MARTELLO ELECTRIC SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and Certificate for Payment including the Continuation Sheet, along with the Partial Release of Lien Form, is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated Construction Schedule, Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment Period: Submit once per month. Payment will be made by the Owner within twenty (20) days after Monroe County Construction Manager receives approved Application for Payment. The twenty (20) day payment period will not begin until Monroe County Construction Manager receives Application for Payment from Architect. D. Monroe County makes every effort to meet the payment schedule. It is requested that the contractor not make any calls to any County office inquiring about payment until the twenty (20) day period has lapsed. 4. MONTHLY PAY REQUEST PROCEDURE A. The County Finance Department processes payments on Wednesday; therefore, it is necessary that correct Pay Request Documents, signed by the Architect, signed and notarized by the Contractor, be received by the Construction Manager no later than Wednesday for you to receive payment by the second Friday following submittal. B. Architect to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-1 EAST MARTELLO ELECTRIC 5. FINAL PAY PROCEDURE A. To help expedite your final payment, it is necessary for the Construction Manager to have a complete package of documents 20 days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents (signed by the Architect) for Construction Manager to obtain necessary signatures and submit project for Final Pay. You need to have all required forms and releases turned into Architect on the job, with copies submitted to Construction Manager. The following documents (samples attached) are needed to receive Final Pay on a project: (1 ) (2) (3) (4) (5) (6) (7) (8) CM Document CM Document CM Document AlA Document G-704 AlA Document G0706 AlA Document G-706A AlA Document G-707 CM Document Application and Certificate for Payment (2 originals) Continuation Sheet Change Orders Certificate of Substantial Completion Contractor's Affidavit of Debts and Claims Contractor's Affidavit of Release of Liens Consent or Surety to Final Pay Final Release of Lien Also, all warranties and guarantees required by Contract. "As-Built" drawings from job, including red-lined site plan. Notarized original separate Final Release of Liens from all subcontractors and/or material and equipment suppliers, certification that all utility bills (Le., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers. C. It is your responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Construction Manager. Final Pay Request must be submitted no later than 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 copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-2 EAST MARTELLO ELECTRIC ~ ~ f ~ I <5 S .. .. I ij i : ft.. ~ ~: = t ~ .. Jll~1 ~Cl.I~ i I j ~ Ii! i I i > ~ ~ ~ ~ ~ ~> ~i ~ :f ~ '::GJ L. j J J I J {l . ~ u:: N ~ I ~ ~ u. 06/05/02 4:28 PM ]; t ~ flj~~ l~ll~ HIt) ~ ~~i~i ~ ~ '0 .!L~i g i JJ~=c l!~jj !~Hi d:d B~1~~ ~lali~ ~~I~I flih ~ '0 iri' "C I ! ~ I o .. - f! i ! ~ ~ :1 ~ J CI. S ~ j ! f ~ j .a I ~ sa l1'O~.!!! I.~ "CJ -~ ~ i~JJ I i Uij~ (I I lh .I~ ~ gt~i ~oB ~ IE JI~~ ~I! & ! j-~ti! ~ I t 3 ~~~~ ~~J c u. tsl5I..~ ~i ~ 5 ;~~I~ &~~ ~ 1: u:: ~ l~ c: ~ ! S ~ lI:: ~ N ilfj'O !i~ .. i l ii J:l'll.~ 't G II I!! II! · f " ~ If! S Ii I!! I ~ s "II f i ~ li j i ; ~ M ~ APPLICATION FOR PAYMENT ~ ~ a.. .e I ! I '2 .E ~ d -j H~ U ~ I g ~H ~~ ~l 8~ ~~ .. i8 ~ f i ~ c: o ! I M ~ 01027-3 EAST MARTELLO ELECTRIC ~ o r.1 " < ~ f-4 ~ ~ ~ r:/'J Z o - ~ ;:J ~ f-4 Z fI) o ~ u~ .'WQ ~~.... zoo OzQ i= Q ffi t;~o. :::10 0.- ~~ ~ t E-o ~ Z E ~ ~j < ~~ P-4 :a "" ~i12 ~i~.t ~.!e~i <s'scPi ~ ili~ E-o. t;~- ~ ;; 0 C3i~ii ~ .i:~_ii z ~8i o ~~I!! ~ 8 rc~ u ~j ~ 0 ::S:2~~~ ~~~m~ ~ ts_::lO w~ ~Gl_ - <~~ 1-'> ~~ w ~ ~6 :E: 0-. 1-'~2 6 ~+ ~ ~~ o u: Cl ~~~.r, 0.....0+ I'-D.wo ~~t:: uti iii ~~o~ ... ii:m3~ i~ti~ D. ~ 0 0 ii: w W D. 01/) ~~ 2 0 UI/) O~ 6~ ~5W 0:: + ~~e ~!t ... 0 W ""'w :;):;) U fil~ :I: > ~ ~ i ... 0 Gl z 0 b: ii: U I/) w 0 2. -< ~~ Q! .... ! ~ 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-4 EAST MARTELLO ELECTRIC MONROE COUNTY ENGINEERING/CONSTRUCTION MANAGEMENT Contract Change Order PROJECT TITLE: CHANGE ORDER NO: Total Previous Change Orders Current Change Order % of Original Contract Amount % of Contract after Prior C/O's Original Contract Amount Revised Contract Amount Change in contract time Revised date of Substantial Completion Detailed description of change order and justification: ARCHITECT: Date CONTRACTOR: Date CONSTRUCTION MANAGER: Stephanie L. Coffer Date COUNTY ENGINEER: David S. Koppel, P.E. Date DIRECTOR OF PUBLIC WORKS: C. Dent Pierce Date COUNTY ADMINISTRATOR: James L. Roberts Date 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-5 EAST MARTELLO ELECTRIC OWNER 0 CONSTRUCTION MANAGER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 lHIS UUCUMtNl liAS IMl'UKIANI U;liAL CUNSJ:;QLlliNCJ:.S; CUNSULIAlIUN Willi AN AllUKNJ:;Y IS tNCUUKAliJ:;U Willi KtsJ'J:;CJ IU liS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCIlMENT DAOI CERTIFICATE OF SUBSTANTIAL COMPLETION CONSTRUCTION MANAGER - ADVISER EDITION AlA DOCUMENTG7041CMa - ELECTRONIC FORMAT TO OWNER: (Na_ and addrm) PROJECT NOS: CONTRACT FOR: CONTRACT DATE: TO CONTRACTOR: (Name and addren) PROJECT: (Name and addrm) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Construction Manager's and Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. DATE CONSTRUCTION MANAGER BY DATE ARCHITECT BY The Contractor will complete or correct the Work on the list of items attached hereto within days from the above date of Substantial Completion. DATE CONTRACTOR BY The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). DATE OWNER BY e responsl 1 be as follows: (Note--Ownus and Contncfor's legal and ins/JJ7JI1Cuounsd snould ddmniMand "view ins/JJ7Jl1Ce requirements and cOI'MlKe.) o 1992 _ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006-5292. AlA DOCUMENT G7041CMa _ CERTIFICATION OF SUBSTANTIAL COMPLETION - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA~ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g704cma.aia -- 21412002. AlA License Number 1123291, which expires on 113112003. Electronic Format G7041CMa - 1992 1 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-6 EAST MARTELLO ELECTRIC CONTRACTOR1S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AfA DOCUMENT G706 - ELECnWNIC FORMAT OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o o IlflS UUGUMJ::JV'I ItAS IMJVJ(IIll'VI ~liAi- C-ONSlfQUENUfJ; C-VNSUJ"TAllUN WJJlf AN AJJOJ(JV~r IS JfJVC-OUJ{Au]:;V WJJlf J(Jj.}JJ~C-l 10llJ COMPlETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONiCALlY O/lAFTEO AlA DOCUMENT MAY BE MAOE BY USING AlA DOCUMENT 0..01 TO OWNER: (Na_ and address) ARCHITECT'S PROJECT NO.: PROJECT: (Name and address) CONTRACT FOR: CONTRACT DATED: STATE OF: COUNTY OF: The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been satisfied 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 Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Nameandaddress) 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AlA Document G707, Consent of Surety, ma.rEJe used for th~rpose. Indicate attachment: U yes U no TiJ~ foUowing supporting documents should be attaded iJegto jf gquired hy tlJe Owner: 1. Contractor's Release or Waiver of Liens, conditional upon receipt offmal payment. BY: (SipllllllR ofllutl1orizt:ri "fJ"Sm/ative) (MnIM JMme.ruxl tide) 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. Subscribed and sworn to before me on this date: 3. Contractor's Affidavit of Release of Liens (AlA Document G706A). Notary Public: My Commission Expires: o 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT G706 . CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS. 1994 EDITION - AIACD - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your Ikense without violation until the date of expiration as noted below. User Document: g706mast.aia .. 2/412002. AlA License Number 1123291, which expires on 1/3112003. Electronic Format G706-1994 1 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-7 EAST MARTELLO ELECTRIC CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS AlA DOCUMENTG7(76;4 - ElECTRONIC FORMAT OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o o IIiIS lJUCUMtNl liAS IMl'UKIANl U;UAL CUNSJ:;QLlliNCt.:l: CUNSULIAlIUN Willi AN AllUKNM IS tNCUUKAliJ:;U Willi KLS1'.tCl IU liS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMFNT D401 TO OWNER: (Name alia address) ARCHITECT'S PROJECT NO.: PROJECT: (Name and address) CONTRACT FOR: CONTRACT DATED: 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: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (N6IMand Idtmss) 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. BY: (Sisnatt=ofautl1oriz<<l "P~/8ti.-r!) 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. (Printt:d nllJ11e and title) Subscribed and sworn to before me on this date: Notary Public: My Commission Expires: o 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2()()(){)-5292. AlA DOCUMENT G706A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS. 1994 EDITION. AIAlt - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g706amst.aia - 2/412002. AlA License Number 1123291, which expires on 113112003. Electronic Format G706A - 1994 1 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-8 EAST MARTELLO ELECTRIC CONSENT OF SURETY TO FINAL PAYMENT AlA DOCUMENTG707 - ElECTRONIC FORMAT OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o o UtI'} f.)(J(,UM.JfiV7 itA,} IMl'UK7iVVJ J.J;wtl C-ONM,~UUV(Jf.Yi C-ONSUJ,Z"A17UN W17lt AN AHOKN/:r J,} J:JVC-OUKACiJ;P WITH KJ::SJ'/:f-J 70173 COMPlETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONiCALlY DRAFTED AlA DOCUMENT MAY BE MAf)E BY USING AlA DOCUMENT D4D1 TO OWNER: (Name IInd address) ARCHTECT'S PROJECT NO.: PROJECT: (Name and address) CONTRACT FOR: CONTRACT DATED: In accordance With the provlSlOns 01 the Contract between the Owner and the Contractor as mdlcated above, the (/nserl 1U2IM and address of Surely) , SURETY, on bond of (/1IJerl natrW and addren olConlraclor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (InJlrl _ and address of Owner) . OWNER. as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its band on this date: (/1IJerl in wriling 1M monllt followed by 1M ~ dale 11M yar.) (Surely) Attest: (Sig1U2lure of lIullIoriutl represenlalive) (Seal): (Prinled _ anJ ritle) o 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT G707 _ CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AlAe - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g707mast.aia - 21412002. AlA License Number 1123291, which expires on 113V2003. Electronic Format G707 -1994 1 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-9 EAST MARTELLO ELECTRIC Instructions for AlA Document G707 Consent of Surety to Final Payment - 1994 Edition Final printing requires 1 Document Unit A. General Information 1. Purpose This document is intended for use as a companion to AlA Document G706, Contractor's Affadavit of Payment of Debts and Claims, on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. 2. Related Documents This document may be used with most of the AlA's Owner-Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above, this is a companion document to AlA Document G706. 3. Use of Current Documents Prior to using any AlA document, the user should consult the AlA, an AlA component chapter or a current AlA Documents List to determine the current edition of each document. 4. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AlA. This document in its completed form (non-draft) is intended to be used as a consumble-that is, the original document is intended to be consumed in the course of being used. There is no implied permission to reproduce this document nor does membership in The American Institute of Architects confer any further rights to reproduce it in whole or in part. A limited license is hereby granted to subscribers of the AlA Contract Documents: Electronic Format for Windows'" to reproduce the completed document, with or without signatures, but only for use in connection with a particular Project. Further reproductions are prohibited without application by a specific user to and after receipt of written permission from the AlA. To ensure accuracy and uniformity of language, purchasers should use only an original AlA document generated by the AlA Contract Documents: Electric Format for Windows no software. Documents reproduced in this program may be accompanied by AlA Document 0401, Certification of Document's Authenticity. In addition, all documents in the program contain the license number under which the document was reproduced. B. Changes from the Previous Edition Changes in the location of various items of information were made, without revision to the substance of the document. C. Completing the G707 Form GENERAL: The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor and Project. ARCHITECT'S PROJECT NO.: This information is typically supplied by the Architect and entered on the form by the Contractor. CONTRACT FOR: This refers to the scope of the contract, such as "General Construction" or "Mechanical Work". D. Execution of the Document The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative. 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-10 EAST MARTELLO ELECTRIC MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of: thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of ,20 Witness Name of Company Witness Signature, Title Notary Public My commission expires: 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-11 EAST MARTELLO ELECTRIC 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 06/05/02 4:28 PM APPLICATION FOR PAYMENT 01027-12 EAST MARTELLO ELECTRIC 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 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 "Field Engineering". C. Progress meetings, coordination meetings and pre-installation conferences are included in Section "Project Meetings". D. Requirements for the Contractor's Construction Schedule are included in Section "Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 06/05/02 4:28 PM PROJECT COORDINATION 01040-1 EAST MARTELLO ELECTRIC 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 "Submittals". 4. Refer to Division-15 Section "Basic Mechanical Requirements", and Division-16 Section "Basic Electrical Requirements" for specific coordination Drawing requirements for mechanical and electrical installations. B. Staff Names: Within 15 days of Notice to Proceed, submit a list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and each temporary telephone. PART 2 - PRODUCTS (Not Applicable) 06/05/02 4:28 PM PROJECT COORDINATION 01040-2 EAST MARTELLO ELECTRIC PART 3 - EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS A. 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. B. 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. C. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. D. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. E. 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 Architect for final decision. F. Recheck measurements and dimensions, before starting each installation. G. 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. H. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. I. 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 Architect for final decision. 3.1 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 06/05/02 4:28 PM PROJECT COORDINATION 01040-3 EAST MARTELLO ELECTRIC 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 06/05/02 4:28 PM PROJECT COORDINATION 01040-4 EAST MARTELLO ELECTRIC 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 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. Refer to Division 15 Sections for other requirements and limitations applicable to cutting and patching 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 performed. 7. Utilities: List utilities that cutting and patching procedures will distribute 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. 06/05/02 4:28 PM CUTTING AND PATCHING 01045-1 EAST MARTELLO ELECTRIC 9. Approval by the Architect to proceed with cutting and patching does not waive the Architect's right to later require complete removal and replacement of unsatisfactory work. 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 proposal 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 proposal 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 Architect'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. 1.5 WARRANTY 06/05/02 4:28 PM CUTTING AND PATCHING 01045-2 EAST MARTELLO ELECTRIC 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. 06/05/02 4:28 PM CUTTING AND PATCHING 01045-3 EAST MARTELLO ELECTRIC 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 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 06/05/02 4:28 PM CUTTING AND PATCHING 01 045-4 EAST MARTELLO ELECTRIC SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Project meetings 2. CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre-construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. To the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. PRE-CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. B. Attendance: 1. Monroe County Construction Manager or his designee. 06/05/02 4:28 PM PROJECT MEETINGS 01200-1 EAST MARTELLO ELECTRIC 2. The Architect and his professional consultants (as required). 3. The Contractor's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4. WEEKLY PROGRESS MEETINGS 06/05/02 4:28 PM PROJECT MEETINGS 01200-2 EAST MARTELLO ELECTRIC A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling meeting. 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 Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. 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. 06/05/02 4:28 PM PROJECT MEETINGS 01200-3 EAST MARTELLO ELECTRIC 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. END OF SECTION 01200 06/05/02 4:28 PM PROJECT MEETINGS 01200-4 EAST MARTELLO ELECTRIC SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Submit to the Architect, shop drawings, product data, certifications and samples required by the technical sections. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Architect for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information for all required submittals: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (Le., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted to the Architect. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 06/05/02 4:28 PM SUBMITTALS 01301-1 EAST MARTELLO ELECTRIC 4. Add any remarks or unique items that the Construction Manager or Architect/Engineer should be aware of. C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by Architect/Engineer (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Contractor to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. 06/05/02 4:28 PM SUBMITTALS 01301-2 EAST MARTELLO ELECTRIC F. The contractor shall submit seven (7) sets to the Architect. The Architect will check the submission and forward two (2) sets to the Construction Manager and the balance of sets to the Contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the Architect, the Construction Manager and other trade contractors by the Contractor prior to the start of the Work. 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to the Architect. Submit seven (7) copies of product data to the Architect. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. The contractor shall submit seven (7) sets to the Architect. The Architect will check and return two (2) copies to the Construction Manager and the balance to the Contractor after review. 1.5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project Site in a location designated by the Construction Manager. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the Architect, and (1) will be returned to the contractor after review/return from the Architect/Engineer and Construction Manager. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit one (1) original and copies to the Architect. The Architect will return two (2) sets to the Construction Manager and the balance to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES 06/05/02 4:28 PM SUBMITTALS 01301-3 EAST MARTELLO ELECTRIC A. Before making submittals to the Architect/Engineer, 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 Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Construction Manager's and the Architect's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the Construction Manager's and the Architect's stamp and initials indicating review. G. The Contractor's responsibility for errors and omiSSions in submittals is not relieved by the Construction Manager's or the Architect's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.8 THE ARCHITECT'S RESPONSIBILITIES A. The Architect 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 Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Contractor, with copies to the Construction Manager. C. The Architect/Engineer will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. END OF SECTION 01301 06/05/02 4:28 PM SUBMITTALS 01301-4 EAST MARTELLO ELECTRIC SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Progress schedules 2. 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 Construction Manager for approval, construction progress schedules for the work, with sub-schedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by Construction Manager. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES 06/05/02 4:28 PM PROGRESS SCHEDULES 01310-1 EAST MARTELLO ELECTRIC 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 Construction Manager will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. END OF SECTION 01310 06/05/02 4:28 PM PROGRESS SCHEDULES 01310-2 EAST MARTELLO ELECTRIC SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to the Construction Manager within three (3) days after Notice to Proceed. 2. Upon request of the Construction Manager, revise and/or support the values with data which will substantiate their correctness. 3. The Schedule of Values forms the basis for the Contractor's Applications for Payment. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AlA G703 Form; the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 06/05/02 4:28 PM SCHEDULE OF VALUES 01370-1 EAST MARTELLO ELECTRIC 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. c. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified in Section 00300. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by Construction Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. END OF SECTION 01370 06/05/02 4:28 PM SCHEDULE OF VALUES 01370-2 EAST MARTELLO ELECTRIC 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, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 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. 06/05/02 4:28 PM DAILY CONSTRUCTION REPORTS 01385-1 EAST MARTELLO ELECTRIC 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 A. Daily Reports are to be submitted at the Weekly Project Meetings. Contractors are to submit the original of their report, and should keep a copy for their records. The Construction Manager's 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. 06/05/02 4:28 PM DAILY CONSTRUCTION REPORTS 01385-2 EAST MARTELLO ELECTRIC DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME EST. % OF COMPLETION WORK IN PROGRESS WEATHER TEMP. RANGE CONFORMANCE WITH SCHEDULE (+,-) PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: END OF SECTION 01385 06/05/02 4:28 PM DAILY CONSTRUCTION REPORTS 01385-3 EAST MARTELLO ELECTRIC SECTION 01395 REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification of Architect and Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. Utilization of (RFI) form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Architect and the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the Architect with a copy to the Construction Manager. The Architect will respond to the Contractor with a copy 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 12.3 (see Supplementary General Conditions), when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF RFI FORM 06/05/02 4:28 PM REQUEST FOR INFORMATION 01395-1 EAST MARTELLO ELECTRIC 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. 06/05/02 4:28 PM REQUEST FOR INFORMATION 01395-2 EAST MARTELLO ELECTRIC REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR RECOMMENDATION COST IMPACT DATE NAME 06/05/02 4:28 PM REQUEST FOR INFORMATION 01395-3 EAST MARTELLO ELECTRIC END OF SECTION 01395 06/05/02 4:28 PM 01395-4 REQUEST FOR INFORMATION EAST MARTELLO ELECTRIC SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain require that related to this Section: 1. Division 1 Section "Cutting and Patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. 06/05/02 4:28 PM QUALITY CONTROL 01400-1 EAST MARTELLO ELECTRIC 1.3 RESPONSIBILITIES A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another identified entity, Contractor shall provide inspections, tests, and other quality-control services specified elsewhere in the Contract and required by authorities having jurisdiction. Costs for these services are included in the Contract Sum. 1. Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Contractor's responsibility, the Contractor shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. a. Where the Owner has engaged a testing agency for testing and inspecting part of he Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Contractor is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provided reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 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. 06/05/02 4:28 PM QUALITY CONTROL 01400-2 EAST MARTELLO ELECTRIC 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the Architect and the Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents or approve or accept any portion of the Work. 3. The agency shall not perform any duties of the Contractor. 1.4 SUBMITTALS A. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to the Architect. If the Contractor is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Contractor. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. c. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. L Test results and an interpretation of test results. J. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested Work complies with Contract Document requirements. I. Name and signature of laboratory inspector. m. Recommendation on re-testing. 1.5 QUALITY ASSURANCE 06/05/02 4:28 PM QUALITY CONTROL 01400-3 EAST MARTELLO ELECTRIC A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to 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. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". B. Protect construction exposed by or for quality-control service activities, and protect repaired construction. C. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. END OF SECTION 01400 06/05/02 4:28 PM QUALITY CONTROL 01400-4 EAST MARTELLO ELECTRIC SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Section 01800 - SOIL BORING DATA 4. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Contractor will employ and pay for services of an independent testing laboratory to perform specified inspection and testing indicated in technical Specification Sections. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE 06/05/02 4:28 PM TESTING LABORATORY SERVICES 01410-1 EAST MARTELLO ELECTRIC A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: calibrated at reasonable intervals with devices of an 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 Architect. Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non-conformance of the Work or products. F. Perform additional inspections and tests required by the Architect/Engineer and Construction Manager. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to the Construction Manager, Architect and Contractor. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications Section 6. Location in the Project 7. Type of inspection or test 06/05/02 4:28 PM TESTING LABORATORY SERVICES 01410-2 EAST MARTELLO ELECTRIC 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by the Construction Manager or Architect/Engineer, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Construction Manager and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Contractor. END OF SECTION 01410 06/05/02 4:28 PM TESTING LABORATORY SERVICES 01410-3 EAST MARTELLO ELECTRIC 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 Architect", "requested by the Architect", and similar phrases. D. Approve: The term "approved", where used in conjunction with the Architect's action on the Contractor's submittals, applications, and requests, is limited to the Architect's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-1 EAST MARTELLO ELECTRIC 1. The term "experienced", when used with the term "Installer", means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and mayor 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 MASTERFORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-2 EAST MARTELLO ELECTRIC 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 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 Architect 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 Architect for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publications source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. AA Aluminum Association AABC Associated Air Balance Council 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-3 EAST MARTELLO ELECTRIC AAMA American Architectural Manufacturers AAN American Association of Nurseymen (See ANLA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association AI Asphalt Institute AlA The American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-4 EAST MARTELLO ELECTRIC AWl Architectural Woodworklnstitute 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) 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 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-5 EAST MARTELLO ELECTRIC RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLlB 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 06/05/02 4:28 PM REFERENCE STANDARDS AND DEFINITIONS 01421-6 EAST MARTELLO ELECTRIC 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 heat, water, electricity, and telephone. 2. Field office for the Contractor's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public safety. 6. Project sign. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Permanent installation and hookup of the various utility lines described in other Sections. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide a field office adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide space adequate for holding project meetings. 06/05/02 4:28 PM TEMPORARY FACILITIES 01500-1 EAST MARTELLO ELECTRIC 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 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 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 Construction Manager. A design provided by, or approved by the Architect will include, but not necessarily be limited to: the project name; the Owner's name; major tenants names; the Contractor's name, address, and telephone number, and the Architect's name, address, and telephone number. PART 3 - EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. END OF SECTION 01500 06/05/02 4:28 PM TEMPORARY FACILITIES 01500-2 EAST MARTELLO ELECTRIC SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Temporary utilities required for construction. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials shall be new, adequate in capacity for the required usage, not create unsafe conditions, not violate requirements of applicable codes and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install and maintain, temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. 1. Power centers for miscellaneous tools and equipment used in the Work will be provided by the Contractor as follows: a. Distribution boxes with minimum of four (4) double-duplex 15 Amp, 120-Volt grounded outlets, with GFCI Protection for personnel. b. Located so that power is available at any point of use with not more than 100 ft. power cords. c. Circuit-breaker protection for each outlet. 2. The Contractor shall furnish, install, and maintain all equipment and wiring required to distribute the power, up to and including the power services. 3. The Contractor shall pay all costs of installation, maintenance, and removal of temporary services. 4. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 06/05/02 4:28 PM TEMPORARY UTILITIES 01510-1 EAST MARTELLO ELECTRIC 5. The Contractor shall comply with all applicable requirements specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires. 6. The Contractor shall completely remove all temporary materials and equipment at Project Completion. Underground lines may be disconnected and abandoned in place with approval of the Construction Manager. 7. Feeders and Branch Circuits shall be protected from physical damage. 2.3 TEMPORARY TELEPHONE SERVICE A. The Contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The Contractor shall pay all costs for installation, maintenance, removal and service charges for such service. 2.4 TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20-foot candles. 2.5 TEMPORARY WATER A. The Contractor will arrange and pay utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and subcontractors, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. All charges, costs, fees and deposits required by the Utility Company for the permanent or temporary water meter, tap and piping material and installation shall be the responsibility of the Contractor and included in the base bid price. 2.6 TEMPORARY HEATING, COOLING AND VENTILATING A. The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 06/05/02 4:28 PM TEMPORARY UTILITIES 01510-2 EAST MARTELLO ELECTRIC 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.7 TEMPORARY SANITARY FACILITIES A. The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. 2.8 TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain temporary fire protection equipment, materials, supplies and service within the buildings throughout the construction period in accordance with the requirements of all applicable codes and standards. Each floor shall have a temporary fire protection system. 2.9 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. END OF SECTION 01510 06/05/02 4:28 PM TEMPORARY UTILITIES 01510-3 EAST MARTELLO ELECTRIC SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. 06/05/02 4:28 PM CONSTRUCTION AIDS 01520-1 EAST MARTELLO ELECTRIC The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. END OF SECTION 01520 06/05/02 4:28 PM CONSTRUCTION AIDS 01520-2 EAST MARTELLO ELECTRIC SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. END OF SECTION 01550 06/05/02 4:28 PM ACCESS ROADS AND PARKING AREAS 01550-1 EAST MARTELLO ELECTRIC SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. 06/05/02 4:28 PM TEMPORARY CONTROLS 01560-1 EAST MARTELLO ELECTRIC D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. END OF SECTION 01560 06/05/02 4:28 PM TEMPORARY CONTROLS 01560-2 EAST MARTELLO ELECTRIC SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install and maintain a temporary field office for his use, the use of his employees, and the use of the Construction Manager during the construction period. The location of the field office is to be designated by the Construction Manager. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. END OF SECTION 01590 06/05/02 4:28 PM FIELD OFFICES AND SHEDS 01590-1 EAST MARTELLO ELECTRIC SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY 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. 06/05/02 4:28 PM CONSTRUCTION CLEANING 01595-1 EAST MARTELLO ELECTRIC C. Dispose of waste materials, debris and rubbish off site at a state permitted disposal site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Construction Manager. END OF SECTION 01595 06/05/02 4:28 PM CONSTRUCTION CLEANING 01595-2 EAST MARTELLO ELECTRIC SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY 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. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION 06/05/02 4:28 PM MATERIAL AND EQUIPMENT 01600-1 EAST MARTELLO ELECTRIC The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. END OF SECTION 01600 06/05/02 4:28 PM MATERIAL AND EQUIPMENT 01600-2 EAST MARTELLO ELECTRIC SECTION 01630 POST-BID SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 06/05/02 4:28 PM POST-BID SUBSTITUTIONS 01630-1 EAST MARTELLO ELECTRIC 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: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgment of Architect 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 Architect/Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may SUbsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. 06/05/02 4:28 PM POST-BID SUBSTITUTIONS 01630-2 EAST MARTELLO ELECTRIC b. Architect's costs for redesign or revision of Contract Documents. 1.4 POST-BID 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. 06/05/02 4:28 PM POST-BID SUBSTITUTIONS 01630-3 EAST MARTELLO ELECTRIC TO: Project Architect 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 Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: Recommended For use by the Owner: Approved Recommended as noted Not Recommended Received too late Not Approved Insufficient data received Approved as noted By: By: Date: Date: 06/05/02 4:28 PM POST-BID SUBSTITUTIONS 01630-4 EAST MARTELLO ELECTRIC 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: This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). H. I. Designation of maintenance services and sources: (Attach additional sheets if required.) END OF DOCUMENT 01630 06/05/02 4:28 PM POST-BID SUBSTITUTIONS 01630-5 EAST MARTELLO ELECTRIC SECTION 01640 PRODUCT HANDLING PART 1- GENERAL 1.1 DESCRIPTION A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS'RECOMMENDATIONS A. Except as otherwise approved by the Architect, 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 Architect may reject as non-complying such material and products that do not bear identification satisfactory to the Architect as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. 06/05/02 4:28 PM PRODUCT HANDLING 01640-1 EAST MARTELLO ELECTRIC 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 Architect 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 Architect to justify and extension in Contract Time of Completion. END OF SECTION 01640 06/05/02 4:28 PM PRODUCT HANDLING 01640-2 EAST MARTELLO ELECTRIC 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 terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 SUBSTANTIAL COMPLETION A. Submit to the Architect/Construction Manager 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 b. Certificates of Inspection: 1 ) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system 7) Utilities 8) F.K.A.A. B. Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 06/05/02 4:28 PM CONTRACT CLOSEOUT 01700-1 EAST MARTELLO ELECTRIC 1. The Owner will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. The Architect will prepare a Certificate of Substantial Completion on AlA Form G704, accompanied by the Punch List of items to be completed or corrected, as verified and amended by the Architect and Construction Manager. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the contractor for written acceptance of the responsibilities assigned to them in the certificate. E. Contractor shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 06/05/02 4:28 PM CONTRACT CLOSEOUT 01700-2 EAST MARTELLO ELECTRIC 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Deductions for uncorrected Work d. Deductions for Liquidated Damages e. Deductions for Re-inspection Payments f. Other Adjustments C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. END OF SECTION 01700 06/05/02 4:28 PM CONTRACT CLOSEOUT 01700-3 EAST MARTELLO ELECTRIC SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. 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. Wash and shine glazing and mirrors. 06/05/02 4:28 PM FINAL CLEANING 01710-1 EAST MARTELLO ELECTRIC D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum all carpets. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. 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. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire system of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction. N. Remove from the Site all items installed or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified condition. END OF SECTION 01710 06/05/02 4:28 PM FINAL CLEANING 01710-2 EAST MARTELLO ELECTRIC SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual c. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders 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 Construction Manager, the Architect and the Owner. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. 06/05/02 4:28 PM PROJECT RECORD DOCUMENTS 01720-1 EAST MARTELLO ELECTRIC D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. c. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". c. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The Construction Manager 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 specifically issued by the Construction Manger in writing. 1.4 SUBMITTAL 06/05/02 4:28 PM PROJECT RECORD DOCUMENTS 01720-2 EAST MARTELLO ELECTRIC A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1 . Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. END OF SECTION 01720 06/05/02 4:28 PM PROJECT RECORD DOCUMENTS 01720-3 EAST MARTELLO ELECTRIC SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY 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. 06/05/02 4:28 PM OPERATION AND MAINTENANCE DATA 01730-1 EAST MARTELLO ELECTRIC 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panel-board circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. 06/05/024:28 PM OPERATION AND MAINTENANCE DATA 01730-2 EAST MARTELLO ELECTRIC D. Operating procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and re-assembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional requirements: as specified in individual product specification Sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 SUBMITTALS A. Submit two copies of operation and maintenance data for review by the Construction Manager and the Architect prior to Final Inspection. One copy will be returned with comments. B. Submit the required number of copies per each Specification Section or two (2) copies each if not specified of approved data in final form within ten (10) days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten days after acceptance. 06/05/02 4:28 PM OPERATION AND MAINTENANCE DATA 01730-3 EAST MARTELLO ELECTRIC D. Submit two copies of approved revised volumes of data in final form within ten (10) days after final inspection. END OF SECTION 01730 06/05/02 4:28 PM OPERATION AND MAINTENANCE DATA 01730-4 EAST MARTELLO ELECTRIC 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 warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Submittals" specifies procedures for submitting warranties. 2. Division 1 Section "Contract Closeout" specifies contract closeout procedures. 3. Division 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS 06/05/02 4:28 PM WARRANTIES 01740 - 1 EAST MARTELLO ELECTRIC 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 A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights or remedies. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect'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 Architect. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the Architect, for approval prior to final execution. 06/05/02 4:28 PM WARRANTIES 01740 - 2 EAST MARTELLO ELECTRIC 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Form of Submittal: At Final Completion compile 2 copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. 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 ~ x 11" (115-by-280-mm) paper. 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. PART 2--PRODUCTS (Not applicable) PART 3--EXECUTION END OF SECTION 01740 06/05/02 4:28 PM WARRANTIES 01740 - 3 EAST MARTELLO ELECTRIC SECTION 02070 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions. 1.2 SUMMARY A. This section requires the Selective Demolition, removal and subsequent offsite disposal of the materials. 1.3 SUBMITTALS A. Provide minimum of 72 hours advance notice to County Engineer of selective demolition activities. B. Photographs of existing site conditions are not required, but recommended so that any damage to surrounding area, will not be misconstrued as damage related to the selective demolition and removal operations. 1.4 JOB CONDITIONS A. County assumes no responsibility for actual condition of items or structures to be demolished. B. Protection: provide temporary barricades and other forms of protection to Protect personnel and general public from injury due to the selective demolition work. C. Damages: Promptly repair damages caused to adjacent facilities and site by selective demolition work. D. Traffic: Conduct selective demolition operations and debris removal to ensure minimum interference with roads, streets, walks, and other adjacent facilities. 1. Do not close, block, or otherwise obstruct streets, walks, or other adjacent occupied facilities without written permission from authorities having jurisdiction. Provide alternate routes and flagmen around closed or obstructed traffic ways as required. E. Flame Cutting: Do not use cutting torches for removal until work area is cleared of flammable materials. F. Utility Services: Maintain existing utilities and protect them against damage during demolition. 06/05/02 4:28 PM SELECTIVE DEMOLITION 02070 - 1 EAST MARTELLO ELECTRIC G. Environmental Controls: Use water sprinkling and any other methods to limit dust and dirt migration. Comply with governing regulations pertaining to environmental protection. 1. Do not use water when it may create hazardous or objectionable conditions such as flooding, and pollution. PART 3 - EXECUTION 3.1 PREPARATION A. General: Cease operations immediately if any unforeseen problems arise and notify the County Engineer immediately. 3.2 DEMOLITION A. General: Perform selective demolition work in a systematic manner. Use such methods as required to complete work indicated on Drawings in accordance with demolition schedule and governing regulations. 1. Demolish in small sections. Remove or stock pile in approved areas and remove to authorized dump site. B. In unanticipated mechanical, utilities, or other conflicts arise in connection with performing the work, investigate and measure both nature and extent of conflict. Contact immediately verbally and then Submit report to County Engineer in written, accurate detail. Pending receipt of directive from County Engineer, rearrange demolition schedule as necessary to continue overall job progress without undue delay. 3.3 DISPOSAL OF DEMOLISHED MATERIALS A. Remove site debris, rubbish, and other materials resulting from demolition operations. Transport and legally dispose off site. 1. If hazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances concerning removal, handling, and protection against exposure of environmental pollution. 2. Burning of removed materials is not permitted on project site. 3.4 CLEAN-UP AND REPAIR A. General: Upon completion of demolition work, remove tools, equipment, and demolished materials from site. Remove protection methods and leave exterior site of project in a clean manner. 06/05/02 4:28 PM SELECTIVE DEMOLITION 02070 - 2 EAST MARTELLO ELECTRIC B. Repair demolition performed in excess of that required. Return elements of construction and surfaces to condition existing prior to start of operations. Repair adjacent construction or surfaces damaged by demolition work. END OF SECTION 02070 06/05/02 4:28 PM SELECTIVE DEMOLITION 02070 - 3 EAST MARTELLO ELECTRIC SECTION 07920 CAULKING AND SEALANT PART 1 - GENERAL 1.1 WORK INCLUDED A. The work under this Section is to provide sealants and caulking in the locations as indicated on the Drawings and specified herein. B. Definitions: 1. Sealant: A weatherproof elastomer used in filling and sealing joints, having properties of adhesion, cohesion, extensibility under tension, compressibility and recovery; shall be designed to make joints air and watertight. Material is designed generally for application to joints at exterior of structures and to other joints subject to movement. 2. Caulking Compound: A material used in filling joints and seams, having properties of adhesion and cohesion, shall not be required to have extensibility and recovery properties; usually applies at joints at interior of structures. Material shall be applied in joints not subject to movement or weathering. 3. Caulking: The term is used here to denote the process of filling the joints, without regard to type of material. 1.2 SUBMITTALS A. The Contractor shall procure and forward to the County Engineer, a two-year guarantee on sealant type caulking work against joint failure. Joint failure is defined as: leaks of air or water; evidence of loss of adhesion between sealant and joint edge; evidence of loss of cohesion, fading of sealant material; migration of sealant. 1.3 DELIVERY, STORAGE AND HANDLING A. Materials shall be stored and handled so as to prevent the inclusion of foreign matter or the damage of materials by water or breaking and shall be stored in original containers until ready for use. Material showing evidence of damage shall be rejected. PART 2 - PRODUCTS 2.1 MATERIALS 06/05/02 4:28 PM CAULKING AND SEALANT 07920 - 1 EAST MARTELLO ELECTRIC A. Primer: Where primer is required by sealant manufacturer, it shall be a compound designed to insure the adhesion of sealant. Material shall be provided by the sealant manufacturer and shall be selected for compatibility with the sealant and with substrate. B. Sealant: 1. Sealant for vertical joints shall be a single-component acrylic sealant meeting Federal Specification TT-S-230. Material shall attain Shore A hardness of 40-45. Colors shall be as indicated on the Drawings or selected by the County Engineer. Approved: Tremco Mono: Pecora Unicrylic, DAP Acrylic. 2. Sealant for horizontal joints (non-contaminated) shall be a single component, pour grade, polyurethane sealant meeting Federal Specification TT-S-230, Type 1. Material shall attain Shore A hardness of 40-45. C. Caulking Compound: Caulking for setting thresholds and for other interior caulking shall be an oleo-resinous, gun grade, non-staining plastic compound meeting Federal Specification TT-T-598. Material shall have shrinkage factor not exceeding 15 percent. D. Joint Packing: Packing shall be closed cell foam, or tubing as indicated on the Drawings. Material shall be non-reactive with caulking materials and non-oily. Minimum density 3.25Ibs/cu.ft. No asphalt or bitumen-impregnated fiber shall be used with sealants. PART 3 - EXECUTION 3.1 PREPARATION A. Joints: 1. All joints shall be thoroughly cleaned; loose particles shall be blown out or vacuumed from joints. Material to be contacted by sealant shall be dry, fully free of laitance, loose aggregate, form release agents, curing compounds, water repellants and other surface treatments. 2. Joint packing shall be installed in all joints to receive sealant where required. Packing shall be sized to require 20 to 50 percent compression upon insertion, and shall be placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient depth to allow packing, polyethylene bond breaking tape shall be installed at back of joint. Lengthwise stretching of packing materials shall be avoided. 3. Masking tape shall be applied where required to protect adjacent surfaces. Tape shall be adhered in continuous strips in alignment with joint edge and removed immediately after joints have been sealed and to 06/05/02 4:28 PM CAULKING AND SEALANT 07920 - 2 EAST MARTELLO ELECTRIC 4. Joints shall be primed where required by sealant manufacturer, to receive sealant in accordance with manufacturer's instructions. Primer shall be brushed uniformly upon all surfaces of joint. Sufficient drying time shall be allowed before caulking. 3.2 APPLICATION A. Sealant: 1. Mixing and application of sealant shall be as recommended by sealant manufacturer. 2. Material which has exceeded the manufacturer's recommended potential open time (POT Life) shall not be used. 3. Sealant and caulking material shall be applied under pressure to fill joints completely with prevention of air pockets or voids. Tooling shall be performed with solvent recommended by the manufacturer. Joints shall be tooled concave. B. Locations: 1. Sealant shall be applied around penetrations of floor slabs and exterior walls for piping, conduits, ductwork and similar items, at top of slabs and exterior face of walls, around exterior perimeter of door frames and windows, louvers and vents, and at other exterior locations shown on the Drawings. 2. Caulking compound shall be applied at interior locations shown on the Drawings. C. Thresholds: Thresholds shall be set in full bed of caulking sealant with excess material removed. D. Cleaning: Adjacent surfaces shall be cleaned free of sealant and soiling resulting from this work and as work progresses, using solvent or cleaning agent as recommended by the manufacturer. All finished work shall be left in a neat, clean condition. Where any sealant or caulking material will permanently stain surfaces, these surfaces shall be masked out to prevent such staining. END OF SECTION 07920 06/05/02 4:28 PM CAULKING AND SEALANT 07920 - 3 EAST MARTELLO ELECTRIC SECTION 16010 GENERAL ELECTRICAL PROVISIONS PART 1 - GENERAL 1.1 The Contract Drawings indicate the extent and general arrangements of equipment and wiring systems. If any departures from the Contract Drawings are deemed necessary by the Contractor, details of such departure and reasons therefore shall be submitted to the County Engineer for approval within 30 days after award of the Contract. No such departures shall be made without the prior written approval of the County Engineer. 1.2 The Contractor shall place a competent electrical superintendent on the job as soon as practicable and he shall keep the same superintendent, foreman, and key workmen throughout the job as long as possible. 1.3 The Drawings may be superseded by later revised Drawings or Addenda prepared by the County Engineer, and the Contractor shall conform to all reasonable changes without extra cost to the County. All items not specifically mentioned in the Specifications or noted on the Drawings but which are obviously necessary to make a complete working installation shall be included. 1.4 All materials shall be installed at the location and limits shown on the Drawings in accordance with the specific manufacturer's recommended installation method. 1.5 SUBSTITUTIONS: A. Where equipment and materials are specified or designated on the Drawings by trade names and catalog numbers, the intent is to establish a standard of quality, appearance, performance and dimension. Materials and equipment of other manufacturers will be considered, provided they are equal in all respects to that specified; however, it will be the Contractor's responsibility to demonstrate equality of substituting with materials or equipment specified by the County Engineer. 1.6 INTERFERENCES A. The plans are generally diagrammatic and the Contractor shall coordinate the electrical work with the work of other trades so that interferences between conduits, piping, equipment, architectural, and structural work will be avoided. All necessary offsets in raceways, fittings, etc., required to properly install the work shall be furnished and installed by the Contractor without additional expense to the County. In the event of conflict, the County Engineer is to decide which equipment, piping, etc. must be relocated regardless of which was installed. Cutting and patching required to relocate work shall EXACTLY match original finished, and shall be at the Contractor's expense. 06/05/02 4:28 PM GENERAL ELECTRICAL PROVISIONS 016010 - 1 EAST MARTELLO ELECTRIC B. The Contractor shall employ the necessary precautionary methods to prevent painting over or obscuring any nameplate, designations, etc., on all electrical apparatus and devices. The painting of panelboards, motor controllers, and similar electrical apparatus shall be limited to touching up any surface scratched or marred during shipment or erection. The materials used shall match exactly the surfaces being touched up. 1.7 CLEAN-UP A. The exterior and interior of all electrical equipment enclosures shall be wiped clean of all dust, dirt and grease, before the final inspection. All scrap materials shall be removed from the job site. Plaster, concrete and paint splash shall be removed from the exterior and interior of all panelboards and safety switches. No rust shall be left on any electrical equipment. 1.8 SUBMITTALS A. Submit shop drawings as described in General Conditions and Section 1301 _ Submittals. Shop drawings for the entire project are not required to be submitted all at one time. However, shop drawings for each system shall be submitted in one package - complete for that system. B. Submit samples of various items if requested by the County Engineer. 1.9 WARRANTY AND GUARANTEE A. All materials and equipment shall be guaranteed for a period of one (1) year from date of final acceptance thereof against defective materials, construction, or workmanship. Upon receipt of notice from the County Engineer of the failure of any part during the Guarantee period, the affected part or parts shall be replaced promptly with the new parts, by the Contractor, with no additional cost to the County for labor or parts. 1.10 RECORD DRAWINGS A. Maintain a complete set of electrical prints for indicating all changes. Use red ink to mark changes at the time of execution and deliver the set to the County Engineer upon completion. This set of blue line prints shall be stamped "As Built", dated and signed in ink by the Contractor. B. Elevations and dimensioned locations of underground work shall be indicated. Dimension to permanent references. 1.11 RULES OF LOCAL UTILITY COMPANIES A. Rules of local Utility Companies shall be complied with. Before submitting his bid, the Contractor shall check with Utility Companies supplying service to this installation and shall determine equipment, etc., he will be required to install and shall include cost of same in Bid. No extra payment will be made for the installation of such items, except in cases where the requirements of the Utility Companies change after the Contractor has submitted his Bid. 06/05/02 4:28 PM GENERAL ELECTRICAL PROVISIONS 016010 - 2 EAST MARTELLO ELECTRIC 1.12 SUPERVISION AND SKILLED WORKMEN A. All work shall be installed by personnel regularly engaged in this type of work. The work shall be performed by experienced and qualified personnel. B. The Contractor shall place a competent electrical supervisor on the job and he shall be retained on the job until completion of the project insofar as possible. 1.13 FIELD MEASUREMENTS AND SITE INVESTIGATION A. The Contractor shall have visited the job site before bidding and ascertained all existing conditions which will affect his work. Failure to do so will not be accepted as a reason for requesting extra pay in the event that existing conditions result in extra materials or labor. B. Any existing conditions found by the Contractor which will adversely affect the work shall immediately be brought to the attention of the Construction Manager. 1.14 COORDINATION WITH OTHER UTILITIES A. Installation of underground ducts and conduits for power and telecommunications services shall be thoroughly coordinated with other utilities on site. Duct and conduit sizes and material of bends and termination at each end of service shall be verified on the job site. END OF SECTION 16010 06/05/02 4:28 PM GENERAL ELECTRICAL PROVISIONS 016010-3 EAST MARTELLO ELECTRIC SECTION 16100 BASIC ELECTRICAL MATERIAL AND METHODS PART 1 - GENERAL 1.1 The requirements of Section 16010 are hereby made part of this Section of the Specifications. 1.2 The Contractor shall furnish and install all outlet boxes, junction boxes, device boxes, raceways, fittings, wire and cable, necessary supports, required grounding, lighting panel, wiring devices, lighting fixtures, lamps for fixtures, fixture hardware and supports, all electrical equipment provided by other sections for installation including control switches, and control equipment. All as shown on the Drawings and as specified. 1.3 The entire system shall be properly installed and effectively grounded in accordance with the N.E.C. and as specified hereinafter. END OF SECTION 16100 06/05/02 4:28 PM BASIC ELECTRICAL MATERIAL AND METHODS 016100 - 1 EAST MARTELLO ELECTRIC SECTION 16110 RACEWAYS PART 1 - GENERAL 1.1 The requirements of Section 16010 and 16100 are hereby made part of this Section of the Specifications. 1.2 Size of raceways shall be not less than N.E.C. requirements but in no case shall be less than indicated on the Drawings. Drawings are diagrammatic and routing of conduits shall be made by the Contractor to avoid interferences with other work. The Contractor shall install larger size raceways than detailed where required for pulling of wire. 1.3 Materials to bear U.L. labels. 1.4 All conduit to be P.V.C. sch40 1.5 All boxes and pull boxes to be PVC PART 2 - PRODUCTS 2.1 Flexible Metal Conduit: A. Standard: Flexible zinc coated conduit conforming to U.L. 1. B. liquid-Tight: Flexible zinc coated conduit with liquid-tight flexible plastic sheath, conforming to U.L. 1 standard. Conduit to be as manufactured by Triangle, Robroy or Anaconda. 2.2 Fittings for PVC A. Conform to ANSI C80.4. B. Provide all required couplings, connectors and adaptors of materials and finish matching pvc conduit. 2.3 Fittings for Flexible Conduit: Fed. Spec. W-R-406B, as manufactured by Midwest or Robroy. 2.4 Straps and Fasteners for Conduit and EMT: A. Straps: formed zinc coated steel straps sized for conduits and tubing. B. Fastenings; Zinc coated steel screws, bolts, toggles and expansion anchors as required. 06/05/02 4:28 PM RACEWAYS 016110 -1 EAST MARTELLO ELECTRIC 2.5 Wireways and Auxiliary Gutters: A. Exterior locations to have accepted weathertight gasketed covers and joints. 2.6 Pull Wires: 16 gauge wire galvanized steel wire or 200 pounds tensile strength plastic rope. 2.7 Fire-Stopping Material:. A. Seal for floor, exterior wall, and roof shall also be watertight. PART 3 - EXECUTION 3.1 GENERAL A. Provide pvc conduits, tubing, wireways, auxiliary gutters and electrical ducts where indicated in accordance with National Electric Code, subject to the following provisions: 1. Route feeders, home runs and conduits where indicated, except that minor deviations will be permitted. 2. Conduits, tubing or raceways to be continuous from outlet to outlet and from outlet to cabinet, junction box or pull box. 3. Carefully ream or file conduit and raceway ends to remove rough edges that might injure insulation or conductors. 4. Changes in the directions of raceways runs to be made with symmetrical bends or cast metal fittings. Field made bends and offsets to be made with a hickey or conduit bending machine specifically for size and type of conduit used. Minimum radius 6 times diameter for rigid metal conduit. Form thin wall tubing bends of proper radius. Crushed or deformed raceways are not to be used. Use factory formed fittings for surface raceways. 5. Conduit to be sized as shown on the drawings. Minimum size of conduit shall be %" with the following exceptions: a. Conduit down to light switch box to be 1/2 ". b. Flexible conduit to a light fixture to be 3/8 ". (Maximum length six feet). c. Where shown otherwise on the Drawings. 6. Take care to prevent lodgement of plaster, dirt, or trash in raceways, boxes, fittings and equipment during the course be replaced. 06/05/02 4:28 PM RACEWAYS 016110-2 EAST MARTELLO ELECTRIC 3.2 Fastening Conduit to Boxes, Cabinets, Wireways and Gutters A. Fasten conduit to boxes, cabinets, wireways and gutters with two locknuts, on each side and bushing on the inside as per NEC-373-6(c). 3.3 Raceway Fastenings and Supports A. Raceways to be securely supported and fastened in place at intervals of not more than 8-feet with pipe straps, wall brackets, hangers, or ceiling trapeze. Pipe straps to be of proper size for conduit. B. Fastenings: 1. To Hollow Masonry: Toggle bolts or expansion bolts as required. Holes not used to be filled. 2. To Concrete or Solid Brick Masonry: By expansion bolts. Holes drilled to a depth of more than 1-1/2 inch in reinforced concrete beams or to a depth of more than 3/4 inch in concrete joists shall avoid cutting the main reinforcing bars. Holes not used to be filled. C. Surface Wireways and Auxiliary Gutters: Use fastenings appropriate for surface. END OF SECTION 16110 06/05/02 4:28 PM RACEWAYS 016110-3 EAST MARTELLO ELECTRIC SECTION 16120 WIRES AND CABLES PART 1 - GENERAL 1.1 The requirements of Section 16100 and 16010 are hereby made part of this Section of the Specifications. 1.2 Submit for review, properly identified manufacturer's literature and shop drawings giving wire size, insulation type, rated voltage and temperature and NEC designation. 1.3 Materials to bear Underwriter's Laboratories labels. PART 2 - PRODUCTS 2.1 Conductors (600 Volts and Below): A. Conductors shall be rated at 600 volts and conform to NEMA WC-7 and IPECA S-61-402. B. Minimum size shall be AWG 12 except as specified for control wiring. C. All conductors shall be 600 volt minimum type THWN or THHN rated 75 degrees C maximum conductor temperature with polyvinyl chloride insulation, and shall comply with Underwriter's Laboratory standard for thermoplastic insulated wire. D. All conductors shall be plainly marked on outer braid at least every two feet with name of manufacturer, size and grade of insulation. E. Conductors shall be as manufactured by General Cable, Phelps Dodge or General Electric Company. 2.2 Color Coding: Code all service, feeder and branch circuit wire as follows: A. 120/208 Volt System: White - Neutral Black - Phase "A" Red - Phase "B" Blue - Phase "C" B. Bonding conductor - Green. 06/05/02 4:28 PM WIRES AND CABLES 016120 - 1 EAST MARTELLO ELECTRIC PART 3 - EXECUTION 3.1 Pulling lubricants shall be of the type accepted for the particular cable insulation. Do not use lubricants on branch wiring of the isolated power system. 3.2 Conductors in panelboards, junction boxes, pull boxes, etc., to be formed, grouped and taped to present a neat and orderly appearance. 3.3 Leading end of each conductor pulled shall be carefully examined for damage to jacket. If damaged, cable shall be extended and further checked for damage with good cable only to remain. 3.4 At each outlet, allow adequate slack for connection to load. 3.5 Wiring diagrams indicate wire and conduit sizes for typical equipment. If sizes shown on the drawings are not appropriate for the equipment chosen by the Contractor, wires and conduit shall be sized for the proper current-carrying capacity in accordance with the NEC, at no extra cost to the Owner. 3.6 Sleeves shall be provided through and bond beams of masonry-block walls for threading conduit through hollow spaces. 3.7 Continuity tests and insulation-resistance tests shall be performed to assure there are no shorts or unintentional grounds. The insulation resistance shall be measured with a 500V DC megger (conductor to conductor and conductor to ground) and should read greater than one megohm. Test readings shall be recorded and a certified copy given to the Construction Manager. 3.8 All circuit terminals in terminal block shall be properly identified with permanently attached cable plastic bags as described in Section 16040 Paragraph .04. 3.9 Terminations: A. Terminate solid conductors on screw terminals or mechanical connectors furnished on devices and equipment. B. Terminate stranded conductors on mechanical connectors furnished on equipment. Where no connectors are included, provide suitable mechanical connectors. C. Termination of stranded conductors on screw terminals will not be permitted. Provide suitable size compression of mechanical type connector with spade tongue. END OF SECTION 16120 06/05/02 4:28 PM WIRES AND CABLES 016120-2 EAST MARTELLO ELECTRIC SECTION 16130 OUTLET PULL AND JUNCTION BOXES PART 1 - GENERAL 1.1 The requirements of Section 16010 and Section 16100 are hereby made part of this Section of the Specifications. 1.2 Submit for review, properly identified manufacturer's literature, and shop drawings giving materials, finishes, accessories and installation directions. 1.3 Materials to bear Underwriter's Laboratories labels. PART 2 - PRODUCTS 2.1 Outlet Boxes A. Outlet boxes shall be PVC and shall conform to Federal Specifications WC-583 and ANSI-C33.65. B. Outlet boxes for switches and receptacles in finished walls shall be one piece gang boxes, with separators if required, and have corners with rectangular opening of proper size and shape. Minimum box size: 4 inch X 4 inch X 1-1/2 inch, unless otherwise noted on the Drawings. C. Outlet boxes for all other devices shall be of suitable type and size in accordance with recommendations or manufacturer of equipment. D. All outlet boxes shall be drip proof with screw attached covers. Each box shall have a turned-in lip. Lip shall be drilled and tapped for 1/8 inch or 3/16 inch round head screws, symmetrically placed. E. Lighting fixture outlet boxes where used, shall be square or octagonal. F. Exterior lighting outlet boxes and boxes for exposed conduit runs shall be cast, rust resisting metal with rubber gasket and screw type covers. G. Outlet boxes shall be as manufactured by National, Steel City, Appleton or equivalent. 2.2 Pull and Junction Boxes A. Pull and Junction Boxes shall conform to Federal Specifications WJ-800 and shall be of all steel construction, seam welded at joints and hot dip galvanized after fabrication. 06/05/02 4:28 PM OUTLET PULL AND JUNCTION BOXES 016130 - 1 EAST MARTELLO ELECTRIC B. All boxes shall be drip proof with screw attached covers. Each box shall have turned-in lip which shall be welded at joint to develop full strength. Lip shall be drilled and tapped for 1/8 inch of 3/16 inch round head screws, symmetrically placed. To provide adequate length of thread, nuts shall be tack welded on inside of lip, or lip shall be made double thickness. Cover shall be drilled to match. C. Pull and junction boxes shall be PVC and sufficiently rigid to withstand moderate twisting strains. D. Outdoor pull and junction boxes shall be PVCand gasketed with screw cover mounting on outward-turned flanges of boxes. PART 3 - EXECUTION 3.1 OUTLET, PULL AND JUNCTION BOXES A. Boxes for surface mounted ceiling and interior bracket lighting fixtures shall have fixture studs. B. Maximum number of conductors in a box shall comply with National Electrical Code - Table 370-6(a). C. Boxes and supports shall be fastened as follows: 1. To concrete or brick with bolts and expansion shields. 2. To hollow masonry with toggle bolts. 3. To steel work with machine screws or welded studs. D. All outlet, pull and junction boxes shall be of adequate size to accommodate installation of conductors without excessive bending of conductors which would damage insulation. E. Outlet, pull and junction boxes shall be surface or flush mounted as required. F. Pull and junction boxes shall be provided at such location as required to reduce length of cable pull or reduce number of elbows between outlets. G. Provide blank covers for all outlet boxes when devices or wiring has been removed or not installed. END OF SECTION 16130 06/05/02 4:28 PM OUTLET PULL AND JUNCTION BOXES 016130 - 2 EAST MARTELLO ELECTRIC SECTION 16143 WIRING DEVICES PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Requirements of the following Division 16 Sections apply to this section: 1. Basic Electrical Requirements. 1.2 SUMMARY A. This Section includes the following: 1. Receptacles 2. Ground Fault Circuit Interrupter Receptacles 3. Plugs 4. Plug Connectors 5. Snap Switches 6. Incandescent Lamp Dimmer-Switches 7. Fluorescent Lamp Dimmer-Switches 8. Wall Plates 9. Floor Service Outlets 1 O. Poke-Through Assemblies 11 . Telephone/Power Poles B. Related Sections: The following sections contain requirements that relate to this section: 1. Division 16 Section "Circuit and Motor Disconnects" for devices other than snap switches and plug/receptacle sets used as disconnects for motors. 2. Division 16 Section "Electrical Identification" for requirements for legends to be engraved on wall plates. 3. Division 16 Section "Lighting Control Equipment" for dimmers other than those covered by this section. 06/05/02 4:28 PM WIRING DEVICES 016143 - 1 EAST MARTELLO ELECTRIC 1.3 SUBMITTALS A. Product data for each type of product specified. B. Samples of those products indicated for sample submission in Architect's comments on product data submittal. Include color and finish samples of device plates and other items per Architect's request. 1.4 QUALITY ASSURANCE A. Regulatory Requirements: Comply with provisions of the following codes. B. NFPA 70 "National Electrical Code". 1. UL and NEMA Compliance: Provide wiring devices which are listed and labeled by UL and comply with applicable UL and NEMA standards 1.5 SEQUENCE AND SCHEDULING A. Schedule installation of finish plates after the surface upon which they are installed has received final finish. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products which may be incorporated in the work include, but are not limited to the following: B. Manufacturers: Subject to compliance with requirements provide products by one of the following: 1. Bryant Electric Co. 2. Challenger-Circle F 3. Crouse-Hinds Co. 4. Eagle Electric Mfg. Co. 5. General Electric Co. 6. Hubbell Inc. 7. Pass and Seymour Inc. 8. Slater Electric Co. 9. Square D Co. 10. Steel City; Midland-Ross Corp. 11. Walker Division-Butler Mfg. Co. 06/05/02 4:28 PM WIRING DEVICES 016143 - 2 EAST MARTELLO ELECTRIC 2.2 WIRING DEVICES: A. General: Provide wiring devices, in types, characteristics, grades, colors, and electrical ratings for applications indicated which are UL listed and which comply with NEMA WD 1 and other applicable UL and NEMA standards. Provide ivory color devices and wall plates except as otherwise indicated. Verify color selections with Architect. B. Receptacles, Industrial Heavy Duty: Provide pin and sleeve design receptacles conforming to UL 498. Comply with UL 1010 where installed in hazardous locations. Provide features indicated. C. Ground-Fault Interrupter (GFI) Receptacles: as indicated in Table 1 in Part 3 below; provide "feed-thru" type ground-fault circuit interrupter, with integral heavy-duty NEMA 5-20R duplex receptacles arranged to protect connected downstream receptacles on same circuit. Provide unit designed for installation in a 2-3/4 inch deep outlet box without adapter, grounding type, Class A, Group 1, per UL Standard 94.3. D. Plugs: 15-amperes, 125-volts, 3-wire, grounding, armored cap plugs, parallel blades with cord clamp, and 0.4 inch cord hole; match NEMA configuration with power source s. E. Plug Connectors: 15-amperes, 125-volts, bakelite-body armored connectors, 3- wire, grounding, parallel blades, double wipe contact, with cord clamp, and 0.4 inch cord hole, match NEMA configuration to mating plug's. Arrange as indicated. F. Snap Switches: quiet type AC switches as indicated in Table 2 in Part 3 below. Comply with UL 20 and NEMA WDI. G. Combination Switch and Receptacle: general-duty 3-way quiet switch, 20- amperes, 120-277 volts AC, with toggle switch handle, and 3-wire grounding receptacle, 15-amperes, 120-volts, equip with plaster ears, and with break-off tab feature which allows wiring with separate or common feed, with NEMA configuration 5-15R 2.3 WIRING DEVICE ACCESSORIES A. Wall plates: single and combination, of types, sizes, and with ganging and cutouts as indicated. Provide plates which mate and match with wiring devices to which attached. Provide metal screws for securing plates to devices with screw heads colored to match finish of plates. Provide wall plate color to match wiring devices except as otherwise indicated. Provide wall plates with engraved legend where indicated. Conform to requirements of Section "Electrical 06/05/02 4:28 PM WIRING DEVICES 016143 - 3 EAST MARTELLO ELECTRIC Identification." Provide plates possessing the following additional construction features: 1. Material and Finish: Plastic (color to match existing). PART 3 - EXECUTION 3.1 INSTALLATION OF WIRING DEVICES AND ACCESSORIES: A. Install wiring devices and accessories as indicated, in accordance with manufacturer's written instructions, applicable requirements of NEC and in accordance with recognized industry practices to fulfill project requirements. B. Coordinate with other Work, including painting, electrical boxes and wiring installations, as necessary to interface installation of wiring devices with other Work. C. Install wiring devices only in electrical boxes which are clean; free from building materials, dirt, and debris. D. Install wiring devices after wiring work is completed. E. Install wall plates after wiring device work is completed. F. Tighten connectors and terminals, including screws and bolts, in accordance with equipment manufacturer's published torque tightening values for wiring devices. Where manufacturer's torquing requirements are not indicated, tighten connectors and terminals to comply with tightening torques specified in UL Standard 486A. Use properly scaled torque indicating hand tool. 3.2 PROTECTION A. Protect installed components from damage. Replace damaged items prior to final acceptance. 3.3 FIELD QUALITY CONTROL A. Testing: Prior to energizing circuits, test wiring for electrical continuity, and for short-circuits. Ensure proper polarity of connections is maintained. Subsequent to energizing, test wiring devices and demonstrate compliance with requirements, operating each operable device at least six times. B. Test ground fault interrupter operation with both local and remote fault simulations in accordance with manufacturer recommendations. C. TABLE 1 (See Evaluations, Ref 3) RECEPTACLES 06/05/02 4:28 PM WIRING DEVICES 016143 - 4 EAST MARTELLO ELECTRIC DESIG- CURRENT NEMA NATION RATING VOLTAGE SINGLE/ CONFIG- ( 1 ) AMPS RATING DUPLEX URATION UL GRADE NOTES 20 125 DUPLEX 5-20R HEAVY DUTY WP 20 125 DUPLEX 5-20R HEAVY WEATHER- DUTY PROOF WPGFI 20 125 DUPLEX 5-20R HEAVY INTEGRAL DUTY GFI NOTES (1) Letter designations are used where symbols alone do not clearly designate on plans locations where specific receptacle types are used. (2) Item is a clock type outlet with device recessed below face of cover plate and with hood to hang clock. (3) Protects downstream receptacles on same circuit. (4) Provide matching cap. D. TABLE 2 (See Evaluations, Ref 3) SNAP SWITCHES DESIG- VOLTAGE NATION TYPICAL LOAD RATING ( 1 ) APPLlC. RATING (AC) POLES S CONTROL 20A 120 1 LIGHTS S3 CONTROL 20A 120 3-WA Y LIGHTS NOTES UL GRADE NOTES HEAVY DUTY HEAVY DUTY (1) For snap switches, designation is the same as the symbol used on plans for the device. Type of switch is determined from plan context including type of device or circuit being controlled. (2) No overload element in switch. END OF SECTION 16143 06/05/02 4:28 PM WIRING DEVICES 016143 - 5 EAST MARTELLO ELECTRIC SECTION 16190 SUPPORTING DEVICES PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Requirements of the following Division 16 Sections apply to this section: 1. "Basic Electrical Requirements." 2. "Basic Electrical Materials and Methods." 1.2 SUMMARY A. This Section includes secure support from the building structure for electrical items by means of hangers, supports, anchors, sleeves, inserts, seals, and associated fastenings. B. Related Sections: The following Sections contains requirements that relate to this Section: 1. Division 3 Section "Concrete Accessories" for inserts, anchors, and sleeves to be installed in concrete for use with supporting devices. 2. Division 5 Section "Metal Fabrications" for requirements for miscellaneous metal items involved in supports and fastenings. 3. Division 7 Section "Joint Sealers" for requirements for firestopping at sleeves through walls and floors that are fire barriers. 4. Refer to other Division 16 sections for additional specific support requirements that may be applicable to specific items. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product data for each type of product specified. 1. Hanger and support schedule showing manufacturer's figure number, size, spacing, features, and application for each required type of hanger, support, sleeve, seal, and fastener to be used. C. Shop drawings indicating details of fabricated products and materials. D. Engineered Design consisting of details and engineering analysis for supports for the following items: 06/05/024:28 PM SUPPORTING DEVICES 016190 - 1 EAST MARTELLO ELECTRIC 1.4 QUALITY ASSURANCE A. Electrical Component Standard: Components and installation shall comply with NFPA 70 "National Electrical Code." B. Electrical components shall be listed and labeled by UL, ETL, CSA. or other approved, nationally recognized testing and listing agency that provides third- party certification follow-up services. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements. manufacturers offering products that may be incorporated in the Work include, but are not limited to the following: B. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. Slotted Metal Angle and U-Channel Systems: a. Allied Tube & Conduit b. American Electric c. B-Line Systems. Inc. d. Cinch Clamp Co. Inc. e. GS Metals Corp. f. Haydon Corp. g. Kin-Line. Inc. h. Unistrut Diversified Products 2. Conduit Sealing Bushings: a. Bridgeport Fittings, Inc. b. Cooper Industries, Inc. c. Elliott Electric Mfg. Corp. d. GS Metals Corp. e. Killark Electric Mfg. Co f. Madison Equipment Co. g. L.E. Mason Co. h. O-Z/Gedney I. Producto Electric Corp. j. Raco, Inc. 06/05/02 4:28 PM SUPPORTING DEVICES 016190 - 2 EAST MARTELLO ELECTRIC k. Red Seal Electric Corp. I. Spring City Electrical Mgf. Co. m. Thomas & Betts Corp. 2.2 COATINGS A. Coating: Supports, support hardware, and fasteners shall be protected with zinc coating or with treatment of equivalent corrosion resistance using approved alternative treatment, finish, or inherent material characteristic. Products for use outdoors shall be hot-dip galvanized. 2.3 MANUFACTURED SUPPORTING DEVICES A. Raceway Supports: Clevis hangers, riser clamps, conduit straps, threaded C- clamps with retainers, ceiling trapeze hangers, wall brackets, and spring steel clamps. B. Fasteners: Types, materials, and construction features as follows: 1. Expansion Anchors: Carbon steel wedge or sleeve type. 2. Toggle Bolts: All steel springhead type. C. Conduit Sealing Bushings: Factory-fabricated watertight conduit sealing bushing assemblies suitable for sealing around conduit, or tubing passing through concrete floors and walls. Construct seals with steel sleeve, malleable iron body, neoprene sealing grommets or rings, metal pressure rings, pressure clamps, and cap screws. D. Cable Supports for Vertical Conduit: Factory-fabricated assembly consisting of threaded body and insulating wedging plug for nonarmored electrical cables in riser conduits. Provide plugs with number and size of conductor gripping holes as required to suit individual risers. Construct body of malleable-iron casting with hot-dip galvanized finish. E. U-Channel Systems: 16-gage steel channels, with 9/16-inch-diameter holes, at a minimum of 8 inches on center, in top surface. Provide fittings and accessories that mate and match with U-channel and are of the same manufacture. 2.4 FABRICATED SUPPORTING DEVICES A. General: Shop- or field-fabricated supports or manufactured supports assembled from U-channel components. B. Steel Brackets: Fabricated of angles, channels, and other standard structural shapes Connect with welds and machine bolts to form rigid supports. c. over 6-inch: 14-gage. 06/05/02 4:28 PM SUPPORTING DEVICES 016190 - 3 EAST MARTELLO ELECTRIC 2. Steel Pipe Fabricate from Schedule 40 galvanized steel pipe 3. Plastic Pipe Fabricate from Schedule 80 PVC plastic pipe PART 3 - EXECUTION 3.1 INSTALLATION A. Install supporting devices to fasten electrical components securely and permanently in accordance with NEC requirements. B. Coordinate with the building structural system and with other electrical installation. C. Raceway Supports: Comply with the NEC and the following requirements: 1. Conform to manufacturer's recommendations for selection and installation of supports. 2. Strength of each support shall be adequate to carry present and future load multiplied by a safety factor of at least four. Where this determination results in a safety allowance of less than 200 Ibs, provide additional strength until there is a minimum of 200 Ibs safety allowance in the strength of each support. 3. Install individual and multiple (trapeze) raceway hangers and riser clamps as necessary to support raceways. Provide U-bolts, clamps, attachments, and other hardware necessary for hanger assembly and for securing hanger rods and conduits. 4. Support parallel runs of horizontal raceways together on trapeze-type hangers. 5. Support individual horizontal raceways by separate pipe hangers. Spring steel fasteners may be used in lieu of hangers only for 1-1/2-inch and smaller raceways serving lighting and receptacle branch circuits above suspended ceilings only. For hanger rods with spring steel fasteners, use 1/4-inch-diameter or larger threaded steel. Use spring steel fasteners that are specifically designed for supporting single conduits or tubing. 6. Space supports for raceways in accordance with Table I of this section. Space supports for raceway types not covered by the above in accordance with NEC. 7. Support exposed and concealed raceway within 1 foot of an unsupported box and access fittings. In horizontal runs, support at the box and access fittings may be omitted where box or access fittings are independently supported and raceway terminals are not made with chase nipples or threadless box connectors. 06/05/02 4:28 PM SUPPORTING DEVICES 016190-4 EAST MARTELLO ELECTRIC 8. In vertical runs, arrange support so the load produced by the weight of the raceway and the enclosed conductors is carried entirely by the conduit supports with no weight load on raceway terminals. D. Vertical Conductor Supports: Install simultaneously with installation of conductors. E. Miscellaneous Supports: Support miscellaneous electrical components as required to produce the same structural safety factors as specified for raceway supports. Install metal channel racks for mounting cabinets, panelboards, disconnects, control enclosures, pull boxes, junction boxes, transformers, and other devices. F. In open overhead spaces, cast boxes threaded to raceways need not be supported separately except where used for fixture support; support sheet metal boxes directly from the building structure or by bar hangers. Where bar hangers are used, attach the bar to raceways on opposite sides of the box and support the raceway with an approved type of fastener not more than 24 inches from the box. G. Sleeves: Install in concrete slabs and walls and all other fire- rated floors and walls for raceways and cable installations. For sleeves through fire rated-wall or floor construction, apply UL- listed firestopping sealant in gaps between sleeves and enclosed conduits and cables in accordance with "Fire Resistant Joint Sealers" requirement of Division 7 Section "Joint Sealers." H. Conduit Seals: Install seals for conduit penetrations of slabs on grade and exterior walls below grade and where indicated. Tighten sleeve seal screws until sealing grommets have expanded to form watertight seal. I. Fastening: Unless otherwise indicated, fasten electrical items and their supporting hardware securely to the building structure, including but not limited to conduits, raceways, cables, cable trays, busways, cabinets, panelboards, transformers, boxes, disconnect switches, and control components in accordance with the following: 1. Holes cut to depth of more than 1-1/2 inches in reinforced concrete beams or to depth of more than 3/4 inch in concrete shall not cut the main reinforcing bars. Fill holes that are not used. 2. Ensure that the load applied to any fastener does not exceed 25 percent of the proof test load. Use vibration- and shock- resistant fasteners for attachments to concrete slabs. J. TESTS: Test pull-out resistance of one of each type, size, and anchorage material for the following fastener types: 1. Expansion anchors. 2. Toggle bolts. 06/05/02 4:28 PM SUPPORTING DEVICES 016190 - 5 EAST MARTELLO ELECTRIC 3. Powder-driven threaded studs. K. Provide all jacks, jigs, fixtures, and calibrated indicating scales required for reliable testing. Obtain the structural Engineer's approval before transmitting loads to the structure. Test to 90 percent of rated proof load for fastener. If fastening fails test, revise all similar fastener installations and retest until satisfactory results are achieved. END OF SECTION 16190 06/05/02 4:28 PM SUPPORTING DEVICES 016190 - 6 EAST MARTELLO ELECTRIC SECTION 16452 GROUNDING PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Requirements of the following Division 16 Sections apply to this Section: 1. "Basic Electrical Requirements." 2. "Basic Electrical Materials and Methods." 1.2 SUMMARY A. This Section includes solid grounding of electrical systems and equipment. It includes basic requirements for grounding for protection of life, equipment, circuits, and systems. Grounding requirements specified in this Section may be supplemented in other sections of these Specifications. B. Related Sections: The following sections contain requirements that relate to this Section: 1. Division 16 Section "Wires and Cables." 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product data for ground rods, connectors and connection materials, and grounding fittings. C. Field-testing organization certificate, signed by the Contractor, certifying that the organization performing field tests complies with the requirements specified in Quality Assurance below. D. Report of field tests and observations certified by the testing organization. 1.4 QUALITY ASSURANCE A. Listing and Labeling: Provide products specified in this Section that are listed and labeled. The terms "listed" and "labeled" shall be defined as they are in the National Electrical Code, Article 100. 06/05/02 4:28 PM GROUNDING 016452 - 1 EAST MARTELLO ELECTRIC 1. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Laboratory" (NRTL) as defined in OSHA Regulation 1910.7. B. Field-Testing Organization Qualifications: To qualify for acceptance, the independent testing organization must demonstrate, based on evaluation of organization-submitted criteria conforming to ASTM E 699, that it has the experience and capability to conduct satisfactorily the testing indicated. C. Electrical Component Standard: Components and installation shall comply with NFPA 70, "National Electrical Code" (NEC). D. UL Standard: Comply with UL 467, "Grounding and Bonding Equipment." PART 2 - PRODUCTS 2.1 MANUFACTURERS A Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 06/05/02 4:28 PM Anixter Bros., Inc. Bashlin Industries, Inc. Buckingham Mfg. Co. AB. Chance Co. Dossert Corp. Engineered Products Co. Erico Products, Inc. Galvan Industries, Inc. GB Electrical, Inc. General Machine Products Co., Inc. Hastings Fiber Glass Products, Inc. Ideal Industries, Inc. Kea rney-National. McGill Mfg. O-Z/Gedney Co. Raco, Inc. Thomas & Betts Corp. W.H. Salisbury & Co. GROUNDING 016452 - 2 EAST MARTELLO ELECTRIC 19. Uti/co Co. 2.2 GROUNDING AND BONDING PRODUCTS A. Products: Of types indicated and of sizes and ratings to comply with NEC. Where types, sizes, ratings, and quantities indicated are in excess of NEC requirements, the more stringent requirements and the greater size, rating, and quantity indications govern. B. Conductor Materials: Copper. 2.3 WIRE AND CABLE CONDUCTORS A. General: Comply with Division 16 Section "Wires and Cables." Conform to NEC Table 8, except as otherwise indicated, for conductor properties, including stranding. B. Equipment Grounding Conductor: Green insulated. C. Grounding Electrode Conductor: Stranded cable. D. Bare Copper Conductors: Conform to the following: 1. Solid Conductors: ASTM B-3. 2. Assembly of Stranded Conductors: ASTM B-8. 3. Tinned Conductors: ASTM B-33. 2.4 MISCELLANEOUS CONDUCTORS A. Ground Bus: Bare annealed copper bars of rectangular cross section. B. Braided Bonding Jumpers: Copper tape, braided No. 30 gage bare copper wire, terminated with copper ferrules. C. Bonding Strap Conductor/Connectors: Soft copper, 0.05 inch thick and 2 inches wide, except as indicated. 2.5 CONNECTOR PRODUCTS A. General: Listed and labeled as grounding connectors for the materials used. B Pressure Connectors: High-conductivity-plated units. C. Bolted Clamps: Heavy-duty units listed for the application. D. Exothermic Welded Connections: Provided in kit form and selected for the specific types, sizes, and combinations of conductors and other items to be connected. 06/05/02 4:28 PM GROUNDING 016452 - 3 EAST MARTELLO ELECTRIC E. Aluminum- To-Copper Connections: Bimetallic type, conforming to UL 96, "Lighting Protection Components," or UL 467. PART 3 - EXECUTION 3.1 APPLICATION A. Equipment Grounding Conductor Application: Comply with NEC Article 250 for sizes and quantities of equipment grounding conductors, except where larger sizes or more conductors are indicated. 1. Use raceway as the equipment ground conductor where feasible and permitted by NEC for the following: a. Feeders and branch circuits except as otherwise indicated. b. Lighting circuits. c. Receptacle circuits. d. Single-phase motor or appliance circuits. e. Three-phase motor or appliance branch circuits. 2. Install separate insulated equipment grounding conductors with circuit conductors for the following in addition to those locations where required by Code: a. Feeders and branch circuits. b. Lighting circuits. c. Receptacle Circuits. d. Single-phase motor or appliance circuits. e. Three-phase motor or appliance branch circuits. 3. Busway Circuits: Install separate insulated equipment ground conductor from the ground bus in the switchgear, switchboard, or distribution panel to the equipment ground bar terminal on the busway. 4. Computer Panel Circuits: Install separate insulated equipment ground wire in branch circuits from computer area power panels. 5. Nonmetallic Raceways: Install an insulated equipment ground conductor in nonmetallic raceways unless they are designated for telephone or data cables. 3.2 INSTALLATION 06/05/02 4:28 PM GROUNDING 016452 - 4 EAST MARTELLO ELECTRIC A. General: Ground electrical systems and equipment in accordance with NEC requirements except where the Drawings or Specifications exceed NEC requirements. B. Electrical Room Ground Bus: Size, location, and arrangement as indicated. Space 1 inch from wall and support from wall 6 inches above finished floor, except as otherwise indicated. C. Ground Rods: Locate a minimum of one-rod length from each other and at least the same distance from any other grounding electrode. Interconnect ground rods with bare conductors buried at least 24 inches below grade. Connect bare-cable ground conductors to ground rods by means of exothermic welds except as otherwise indicated. Make these connections without damaging the copper coating or exposing the steel. Use 3/4-inch by 10-ft, ground rods except as otherwise indicated. Drive rods until tops are 6 inches below finished floor or final grade except as otherwise indicated. D. Metallic Water Service Pipe: Provide insulated copper ground conductors, sized as indicated, in conduit from the building main service equipment, or the ground bus, to main metallic water service entrances to the building. Connect ground conductors to the main metallic water service pipes by means of ground clamps. Where a dielectric main water fitting is installed, connect the ground conductor to the street side of the fitting. Do not install a grounding jumper around dielectric fittings. Bond the ground conductor conduit to the conductor at each end. E. Braided-Type Bonding Jumpers: Install to connect ground clamps on water meter piping to bypass water meters electrically. Use elsewhere for flexible bonding and grounding connections. F. Route grounding conductors along the shortest and straightest paths possible without obstructing access or placing conductors where they may be subjected to strain, impact, or damage, except as indicated. G. Bond interior metal piping systems and metal air ducts to equipment ground conductors of pumps, fans, electric heaters, and air cleaners serving individual systems. H. Test Wells: Locate as indicated, and fabricate in accordance with details indicated. I. UFER Ground: Fabricate with 20 feet of conductor laid lengthwise in excavation for foundation or footings. Install so conductor is within 2 inches of the bottom of the concrete. Where base of foundation is less than 20 feet in length, coil excess conductor at base of foundation. Bond conductor to reinforcing steel at four locations, minimum. Extend conductor below grade and connect to building grounding grid or grounding electrode. 3.3 CONNECTIONS A. General: Make connections in such a manner as to minimize possibility of galvanic action or electrolysis. Select connectors, connection hardware, 06/05/02 4:28 PM GROUNDING 016452 - 5 EAST MARTELLO ELECTRIC conductors, and connection methods so metals in direct contact will be galvanically compatible. 1. Use electroplated or hot-tin-coated materials to assure high conductivity and make contact points closer in order of galvanic series. 2. Make connections with clean bare metal at points of contact. 3. Aluminum to steel connections shall be with stainless steel separators and mechanical clamps. 4. Aluminum to galvanized steel connections shall be with tin-plated copper jumpers and mechanical clamps. 5. Coat and seal connections involving dissimilar metals with inert material such as red lead paint to prevent future penetration of moisture to contact surfaces. B. Exothermic Welded Connections: Use for connections to structural steel and for underground connections except those at test wells. Install at connections to ground rods and plate electrodes. Comply with manufacturer's written recommendations. Welds that are puffed up or that show convex surfaces indicating improper cleaning are not acceptable. C. Terminate insulated equipment grounding conductors for feeders and branch circuits with pressure-type grounding lugs. Where metallic raceways terminate at metallic housings without mechanical and electrical connection to the housing, terminate each conduit with a grounding bushing. Connect grounding bushings with a bare grounding conductor to the ground bus in the housing. Bond electrically noncontinuous conduits at both entrances and exits with grounding bushings and bare grounding conductors. D. Tighten grounding and bonding connectors and terminals, including screws and bolts, in accordance with manufacturer's published torque tightening values for connectors and bolts. Where manufacturer's torquing requirements are not indicated, tighten connections to comply with torque tightening values specified in UL 486A and UL 4868. E. Moisture Protection: Where insulated ground conductors are connected to ground rods or ground buses, insulate the entire area of the connection and seal against moisture penetration of the insulation and cable. 3.4 OVERHEAD LINE GROUNDING A. General: Comply with ANSI C2, "National Electrical Safety Code" for "Single- Grounded Systems." using two electrodes in parallel if a single electrode resistance to ground exceeds 25 ohms. B. Ground Rod Connections: Use exothermic welds for underground connections and connections to rods. 06/05/02 4:28 PM GROUNDING 016452 - 6 EAST MARTELLO ELECTRIC C. Lightning Arresters: Separate arrester grounds from other ground conductors. D. Secondary Neutral and Tank of Transformer: Interconnect and connect to ground. E. Grounding Conductor Protection: Protect grounding conductors running on the surface of wood poles with molding of a type manufactured for this purpose. Extend from grade level up to and through communications and transformer spaces. 3.6 FIELD QUALITY CONTROL A. Independent Testing Organization: Arrange and pay for the services of a qualified independent electrical testing organization to perform tests described below. B. Tests: Subject the completed grounding system to a megger test at each location where a maximum ground resistance level is specified, at service disconnect enclosure ground terminal, and at ground test wells. Measure ground resistance without the soil being moistened by any means other than natural precipitation or natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. Perform tests by the 2-point method in accordance with Section 9.03 of IEEE 81, "Guide for Measuring Earth Resistivity. Ground Impedance and Earth Surface Potentials of a Grounding System." C. Ground/resistance maximum values shall be as follows: 1. Equipment rated 500 kV A and less: 10 Ohms 2. Equipment rated 500 kVA to 1000 kVA: 5 Ohms 3. Equipment rated over 1000 kVA: 3 Ohms D. Deficiencies: Where ground resistances exceed specified values, and if directed, modify the grounding system to reduce resistance values. Where measures are directed that exceed those indicated the provisions of the Contract, covering changes will apply. E. Report: Prepare test reports, certified by the testing organization, of the ground resistance at each test location. Include observations of weather and other phenomena that may affect test results. Describe measures taken to improve test results. 3.7 CLEANING AND ADJUSTING A. Restore surface features at areas disturbed by excavation and reestablish original grades except as otherwise indicated. Where sod has been removed, replace it as soon as possible after backfilling is completed. Restore areas 06/05/02 4:28 PM GROUNDING 016452 - 7 EAST MARTELLO ELECTRIC disturbed by trenching, storing of dirt, cable laying, and other Work to their original condition. Include necessary topsoiling, fertilizing, liming, seeding, sodding, sprigging, or mulching. Perform such Work in accordance with Division 2 Section "Landscape Work." Maintain disturbed surfaces. Restore vegetation in accordance with Section "Landscape Work." Restore disturbed paving as indicated. END OF SECTION 16452 06/05/02 4:28 PM GROUNDING 016452-8 EAST MARTELLO ELECTRIC SECTION 016500 LIGHT FIXTURES PART 1 - GENERAL 1.1 SECTION INCLUDES A. Installation of interior florescent light fixtures including all necessary electrical connections. 1.2 RELATED WORK A. Documents affecting work of this Section includes, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Divisions 1 and 16 of these Specifications. 1.3 SUBMITTALS A. Shop drawings shall indicate construction details, assembly methods, and hardware reinforcement. B. Provide product data including manufacturer specifications and other data needed to prove compliance with the specified requirements. C. Comply with pertinent provisions of Section 01301. 1.4 DELIVERY, STORAGE AND HANDLING A. Contractor shall deliver, store, and handle lighting fixtures and accessories in a manner to prevent damage. PART 2 - PRODUCTS A. The interior light fixtures shall be HUBBELL LIGHTING model EWL042H-SPD4- S1with the appropriate ballast and light bulbs. The Flood light fixtures shall be Sea Gull Lighting Products model 8607-12 with the appropriate ballast and light bulbs (unless otherwise approved by owner). The track lighting shall match the existing and replaced where damaged. The stairwell lights shall be Sea Gull Lighting Products model 89006-15 and matched with the appropriate ballast and light bulb. The exit lighting shall be Lithonia P2000 series, or equal, (locations to be coordinated with fire marshal). 06/05/02 4:28 PM LIGHT FIXTURES 16500 -1 EAST MARTELLO ELECTRIC The emergency lights shall be of the PE series (locations to be coordinate with the fire marshal). The specified fixtures are available from HUBBELL LIGHTING DIVISION, 2000 Electric Way, Christiansburg, Va. 24073, 703-382-6111. An Owner approved equal may be substituted. PART 3 - EXECUTION A. The fixtures and lights shall be installed according to the manufacturer's specifications. B. All wiring to meet NEC standards for materials and methods. END OF SECTION 16500 06/05/02 4:28 PM LIGHT FIXTURES 16500 - 2