06/19/2002 Agreement
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the
THOUSAND TWO
19PL
day of r
in the year of 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)
GENERAL ASPHALT CO., INC.
4850 NW 72 Avenue
Post Office Box 52-2306
Miami, Florida 33152
For the following Project:
(Include detailed description of project, location, address and scope)
Key Largo Roads XVI
Key Largo, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer's designee
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The Owner and Contractor agree as set forth below.
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.
Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and
Construction Manager.
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.)
One Hundred Twenty (120) 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>)
As listed in Milestone Schedule, section 00350-1 of the Project Manual.
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 TWO HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED TWO AND 80/l00-----Dollars
($263,502.80), 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:
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Unit prices as specified on Bid Form for this project from Section 00110 of Project Manual for this
project, as submitted by Contractor and accepted for award of contract by Monroe County Board of
County Commissioners.
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:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of
the project.
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 Twentieth 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:
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
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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 retain age, 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. J and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or
limitations)
NONE.
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 haws 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)
Zero Percent (0%)
(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.
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.
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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 March
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 /istthe 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 !fintended 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.
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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
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General Conditions of the Contract for Construction
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 (herinafter), 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
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.
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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, 5 copies of
Drawings and Specifications for the execution of the Work, additional copies will be available at $100.00 dollars a set.
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.
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
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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
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. Ifpayments
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
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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.
3.2.4 The Contract Documents are complementary, and what is called for by any, shall be as binding as if called for by
all.
3.2.5 In case of conflict between the drawings and specifications, the specifications shall take precedence over the
drawings. The captions or subtitles of the several Articles and Divisions of these Contract Documents constitute no part of
the context hereof, but are only labels to assist in locating and reading the provisions hereof.
3.2.6 Full Size details shall take precedence over scale drawings and large-scale drawings shall take precedence over
small-scale drawings. Dimensions given in figures shall take precedence over scaled dimensions.
3.2.7 When measurements are affected by conditions already established or where items are to be fitted into constructed
conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions
shall take precedence over scale and figure dimensions on the drawings.
3.2.8 Wherever a stock size of manufactured item or piece of equipment is specified by its nominal size, it shall be the
responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space to
make all necessary allowances and adjustments therefor in his work without additional cost to the Owner.
3.2.9 Standard specifications or other specifications of the organizations, societies or bodies referred to herein or to
specifications listed therin, shall be to their current editions and whenever it is stated in the Specifications that materials or
work shall conform to the requirements of any of these specifications, work and/or material shall also conform to any other
specification referred to herein.
3.2.10 The Contractor shall test all figures on the drawings before laying out the work.
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.
3.4 Labor and Materials
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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.
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, HV AC, 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.
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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 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 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
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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 Ifmaterials 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.
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
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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
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.
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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.
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 Subparagraph 4.6.4 and 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 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 Construction Manager will review and certify all Applications for Payment by the Contractor, including final
payment. The Construction Manager 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 Construction Manager will submit the Project Application and Project
Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect.
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,
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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 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 Architect 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 Construction Manager will forward to the Architect 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 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.
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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 or 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.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (I) 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 initial determination, subject to further proceedings pursuant to Paragraph
4.6.
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.
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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 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.
4.9 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,
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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 shall not be required to contract with anyone to whom
the Contractor 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 Sub-Contractual 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 bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensations 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
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.
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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 an 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 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
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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;
.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 Ifnone of the methods set forth in Clauses 7.2.2.1; 7.2.2.2; or 7.2.2.3 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.
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7.2.4 The actual cost of Changes in the Work may include all items oflabor 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 inn the Work (other
than those covered by nit 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 often percent (10%). If the Contractor does not enter into 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 often 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 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 12.1.1. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 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 orders 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.
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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.
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.
Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the
Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filling of
mortgages, mechanic's liens and other security interests.
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 ArchitectJEngineer, 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
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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 b 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, ifrequired, 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 warrants 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.
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
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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.
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 payor 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.
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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 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 11.3.11 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, ifno agreement is reached, by decision of the Architect after consultation with the Construction Manager.
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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 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 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.
4/5/02
General Conditions of the Contract for Construction
00750-22
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 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.
4/5/02
General Conditions of the Contract for Construction
00750-23
SECTION OO~50
PUBLIC CONSTRUCTION BOND
BOND NO. 929236353
BY THIS BOND, We GENERAL ASPHALT CO., INC.
. as Principal
and AMERICAN CASUALTY COMPANY OF READING, PA , a corporation, as Surety, are
bound to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS , herein called Owner, in
Two Hundred Sixty-Three Thousand Five Hundred
the sum of $ Two and 80/100 ($263,502.80) -------,-1:brpaymt:Iltofwhich
we bind ourte1ves, om.,heir!;, personal r",pl(;~clltatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.
Pertbrms the contracl dated
O\1o'l1CT tor construction of
7J- 11
, 20 () 2.
, bct\veen Principal and
KEY LARGO ROADS XVI
Kev Largo.
Monroe County, Florida
thc contract being made a part of this bond by reference, at the times anu inlhe manner
. prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Sectit1n 255.0:)(1). Florida Stalul~::;,
~upplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided tor in the cunlract; and
3. Pays Owm:r all losses, damages. expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sl1stains becau~e of a default by Principal under the contract; and
4. Perform!' the guaranlee of all work and materials furnished under tbe contract for the time
specified ill the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliam;~ with any
formalities cOlmected with the contract or the changes does not aftect Surety's obligation under this
bond.
PUBLlC CONSTRUCTION B01\D
00850-1
05/3 1/02
Dated_. June 27th
20 02
,
'"y
AMERICAN CASUALTY COMPANY OF READING, PA
(Name of Surety)
William L.
- Atty.-In-Fact/
Fla. Res. Agent
..~i
'.."
By:
END OF SJ;~CTION 00850
Q5/31/02
PUBLIC CONSTRUCTION BOND
00850-2
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
"
Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies"), are duly organized and existing corporations having
their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby
make, constitute and appoint
Jose M. Pietra elo, William L. Parker, 01 a L. I lesias, E. B. Blondell, Jr., Davor I. Mimica, Martha Menendez,
Individually
of Miami, Florida
their true and lawful Attomey(s)-in-Fact with full power and authorit}lihereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
--- In Unlimited Amounts -
and to bind them ther~bj is fully and to the same extent as if such instruments were signed by a duly authorized offICer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof. the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 20th day of February, 2001.
State of Illinois, County of Cook, ss:
On this 20th day of February, 2001, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose
and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, National
Fire Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority, and aCknowledges same to be the act and deed of said corporations.
:..........................:
. .OFFlCIAL SEAL. :
: DIANE FAULKNER .
: ..... ..... .... 01 .... :
i .., Coli.lo~ ruin ........1117101 :.
..........................
My Commission Expires September 17, 2001
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
--;it.ch..( /l-f-
Michael Gengler
Group Vice President
>>~ ~~
Diane Faulkner
Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attomey herein above set forth is still in force, and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 27th day of
June 2002
(Rev. 1/23/01)
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
~a~
Mary A. Ribikawskis
Assistant Secretary
Authorizing By-taws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the fOllowing By-Law duly adopted by the Board of
Directors of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the BOQrd of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneYS-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority
previously given to any attorney-in-fact..
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on theJ7th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any POWer of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certifICate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and s~"qrand certified by certifICate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid-and binding on the Company..
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article Vl-Executfon of Obligations and Appolnbnent of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact. .
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any POWer of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company..
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from
Ume to time, a_m, by -en cernficates, Altomeys.in.Fact to ad In beha. of the Co_ In the exe<:t<tion of pol;,;es of '''''''''nee,
bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the B~rd of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact..
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February. 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affiXed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
D;,ectOffl on Februa", 17, 1993 and the "gnal"", of a Sec,ela", '" an """"'nl Seaela", and the 'eal ofthe Co""","lon may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation. Any such POWer so executed and sealed and certified by certificate so executed and sealed, shall
with respect to any bond or Undertaking to which it is attached. continue to be valid and binding on the Corporation."
MONROE COUNTY
PROJECT MANUAL
KEY LARGO ROADS XVI
Key Largo
Monroe County, Florida
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny". McCoy, District 3
Mayor Pro tern Dixie M. Spehar, District 1
George Neugent, District 2
Nora Williams, District 4
Murray E. 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.
March 2002
PREPARED BY:
Monroe County Public Works Division
Engineering Department
::JI4
SECTION 00001
TABLE OF CONTENTS
Key Largo Roads XVI
Key Lar20
Monroe County, Florida
1. BIDDING DOCUMENTS
Section 00030
Section 00100
Section 00110
Section 00163
Section 00300
Section 00350
Notice of Calling for Bids
Instructions to Bidders
Bid Proposal
Pre-Bid Substitutions
Scope of Work
Milestone Schedule
2. CONTRACT DOCUMENTS
Section 00500
3. CONDITIONS OF THE CONTRACT
Standard Form of Agreement Between Owner and Contractor
Section 00750
Section 00850
Section 00900
Section 01000
Section 01025
Section 01027
Section 01301
Section 01400
Section 01560
Section 01595
Section 01630
General Conditions
Public Construction Bond
Supplementary Insurance Documents
Special Conditions
Measurement and Payment
Application for Payment
Submittals
Environmental Protection
Temporary Controls
Construction Cleaning
Post-Bid Substitutions
4. TECHNICAL SPECIFICATIONS
Section 02209
Section 02220
Section 02507
Section 02513
Section 02580
Section 02951
Section 10425
Re-grading Roadway Shoulders
Excavation and Backfill
Prime & Tack Coats
Type S-III Asphaltic Surface, Leveling and Base Course
Pavement Markings
Tree Trimming and Invasive Exotic Removal
Traffic Sign Specification
04/05/02
00001-1
TABLE OF CONTENTS
5. APPENDIX A
Sheets 1-5 Locations
6. APPENDIX B
Sheets 1-6 Sections & Details
7. APPENDIX C
Sheets 1-3 General Notes
END OF SECTION 00001
04/05/02
TABLE OF CONTENTS
00001-2
Section
Section
Section
Section
Section
Section
Bidding Documents
00030
00100
00110
00163
00300
00350
Notice of Calling for Bids
Instructions to Bidders
Bid Proposal
Pre-Bid Substitutions
Scope of Work
Milestone Schedule
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GNEN TO PROSPECTNE BIDDERS that on May 23, 2002 at 11 :00 AM. The
Monroe County Purchasing Office will be open sealed bids for the following:
Key Largo Roads XVI
Key Largo
Monore County, Florida
Specifications may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the
website at www.demandstar.com. Technical questions may be directed to Monroe County, Berry Rikard at
(305) 292-4426.
Bidders must submit two (2) signed originals and two (2) complete copies of each bid in a sealed envelope
clearly marked on the outside: "Sealed Bid for Key Largo Roads XVI", addressed and delivered to:
Purchasing Office
1100 Simonton Street
Room 2-213
Key West, Florida 33040
All bids must be received by the Monroe County Purchasing Office on or before 11 :00 AM on May 23, 2002.
Any bids received after this date and time will be automatically rejected. Faxed or emailed bids will also be
automatically rejected.
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. I 33(3)(d), F.S. (1997).
All bids, including the recommendation of the County Administrator and the requesting Department Head,
will be presented to the Board of county Commissioners of Monroe County, Florida, for final awarding or
otherwise. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids,
and to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or
negotiate a contract in the best interest of the County.
Dated at Key West, Florida, this 5th day of April, 2002.
Monroe County Purchasing Department
End of Section
04/05/02
NOTICE OF CALLING FOR BIDS
00030- I
SECTION 00100
INSTRUCTIONS TO BIDDERS
To be considered, Bids must be made in accordance with these Instructions to Bidders.
ARTICLE I
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 Notice of Calling for Bids, Instructions to Bidders, Bid Proposal,
Pre-Bid Substitutions, Scope of Work and Milestone Schedule, 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 Conditions, Public Construction Bond, Supplementary Insurance
Documents, Special 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 County Engineer 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 sums stipulated therein,
submitted in accordance with the Bidding Documents.
1.5 The 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.
1.6 An 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 An Owner Option Bid (or Option) is an amount stated in the Bid, which can be exercised by the
Owner through the County Engineer, 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 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or
services as described in the Bidding Documents or in the proposed Contract Documents. Unit prices
shall apply to add and deduct change orders and shall include all overhead and profit.
1.9 A Bidder is a person or entity who submits a Bid.
1.10 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of
the Work.
1.11 The term 'provide' means 'furnish and install'. Wherever 'provide' or 'furnish and install' are used, this
shall mean the complete purchase and installation, per the specified or implied requirements.
04/05/02
INSTRUCTIONS TO BIDDERS
00100-1
1.12 The term 'perform' refers only to installation and requires full compliance with the specified or
implied requirements.
ARTICLE II
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.
2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids. Neither the Owner, his
agents, nor the County Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
ARTICLE III
EXAMINATION OF BIDDING DOCUMENTS AND SITE
3.1 Before Submitting a Bid:
A. Each Bidder shall thoroughly examine all the Bidding Documents.
B. 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 shown on the 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 an incontrovertible 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.
ARTICLE IV
INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS
4.1 Bidders and Sub-bidders shall promptly notify the County Engineer 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 County Engineer 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 and changes.
Oral and other interpretations or clarifications will be without legal effect.
04/05/02
INSTRUCTIONS TO BIDDERS
00100-2
ARTICLE V
BIDDING PROCEDURE
5.1 FORM AND STYLE OF BIDS
A. 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 - A of these Instructions to Bidders. Each of the forms in Section
00110 must be properly filled out, executed, and submitted as the Bid Proposal.
1. Bidders shall photocopy documents included in the Bid Package as being required for
submission of Bids.
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 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.
3. All forms contained in Section 00110 - Bid Proposal must be fully completed and
submitted as part of the Bid Proposal.
4. The Bidder is required to submit a copy of a valid Monroe County Class II
Engineering Contractor's license (test $185.00, license $150.00) as part of the Bid
Proposal.
B. All blanks on the Bid Form shall be filled in with ink or by typewriter.
C. 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.
D. All Bidders must submit copies of their Contractor's license with their Bid.
E. Any interlineation, alteration, or erasure must be initialed by the signer of the Bid.
F. 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.
G. All requested Allowances shall be bid. Failure to comply shall constitute a non-responsive
bid.
H. All requested Owner Options shall be bid. Failure to comply shall constitute a
non-responsive bid.
5.2 ADDENDA
04/05/02
INSTRUCTIONS TO BIDDERS
00100-3
A. 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.
B. 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.
C. Copies of Addenda will be made available for inspection wherever Bidding Documents are on
file for that purpose.
5.3 BID SECURITY
A. Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the
amount of five (5) 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.
B. 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.
C. 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 sixty-first day after the Bid
opening, or (c) all Bids have been rej ected. The bid security of the other Bidders will be
returned within fourteen (14) days of the Bid opening.
5.4 SCHEDULING, MANPOWER REQUIREMENTS, PERMITS AND LICENSES
A. The overall schedule for construction is shown in the Bidding Documents "Milestone Schedule."
B. The Contractor will be required to provide adequate manpower and equipment in order to
meet the requirements of the Schedule.
C. All required permits have been filed by Monroe County and will be made available to the awarded
Contractor for signature. All permit fees will be waived.
5.5 SUBMISSION OF BIDS
A. 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.
04/05/02
INSTRUCTIONS TO BIDDERS
00100-4
B. Two (2) signed originals and two (2) copies 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 comer, 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 comer, put the following:
Bid for: Key Lar2;o Roads XVI
To be opened: May 23 at 11:00 A.M.
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.
C. The Bidder shall assume full responsibility for timely delivery at the location designated for
receipt of Bids.
D. Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.
5.6 MODIFICATION AND WITHDRAWAL OF BIDS
A. 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, except as provided in
Paragraph 5.7 Right to Claim Error in Bid, and each Bidder so agrees in submitting his Bid.
B. 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 ofthe 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.
C. 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.
D. Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted.
E. No conditional, modified, or qualified bids will be accepted. Bidders are to comply with the
instructions on the bid forms, and not make any changes thereto.
04/05/02
INSTRUCTIONS TO BIDDERS
00100- 5
5.7 RIGHT TO CLAIM ERROR IN BID
A. 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.
ARTICLE VI
CONSIDERATION OF BIDS
6.1 OPENING OF BIDS
A. The properly identified Bids received on time will be opened at the Monroe County
Purchasing Department.
B. 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.
6.2 BIDS TO REMAIN OPEN
A. All Bids shall remain open for sixty days after the date designated for receipt of Bids.
B. The Owner may, at his sole discretion, release any Bid Proposal and return the Bid Security
before the sixty days has elapsed.
6.3 AWARD OF CONTRACT
A. The Owner reserves the right to reject any and all Bids or any part of a Bid, to waive the right
to disregard all nonconforming, non-responsive or conditional Bids.
B. In evaluating Bids, the Owner shall consider the qualifications of the bidders, whether or not
the Bids comply with the prescribed requirements, and alternates and unit prices if requested
in the Bid Forms.
C. The Owner shall have the right to accept Alternates in any order or combination and to
determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted.
D. 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 as identified in the Bid.
Operating costs, maintenance considerations, performance data and guarantees of materials
and equipment may also be considered.
E. 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
04/05/02
INSTRUCTIONS TO BIDDERS
00100-6
detennine if bidder has bid the Scope of Work in its entirety. Bidder shall be required to
attend bid clarification meetings, as necessary.
F. The Owner reserves the right to reject the Bid of any Bidder who does not pass any such
evaluation to their satisfaction.
G. 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.
H. If the Contract is to be awarded, the County Engineer will issue the Notice of Award to the
successful Bidder within sixty days after the date of receipt of bids. The Owner reserves the
right to return all Bids, not make any awards, and cancel the Project.
I. 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 County Engineer will act as a purchasing agent for the Owner. The
Owner will, via a Purchase Contract, purchase the materials and equipment, and the
Contractor shall assist the County Engineer in the preparation of these Purchase Contracts,
including providing to the Owner appropriate tax credits.
6.4 EXECUTION OF CONTRACT
A. The Notice of Award to the successful Bidder will be accompanied by two (2) signed
originals and two (2) copies of the Contract Agreement and all other Contract Documents.
The Contractor shall sign and deliver all four (4) copies of the Contract Agreement to the
County Engineer, with all other Contract Documents attached, including an original Insurance
Certificate, and the Public Construction Bond within fourteen (14) days after receipt of
Notice of Award. The County Engineer will return one fully executed copy of the Contract
Agreement to the Contractor with all other Contract Documents attached within three weeks
thereafter.
B. In the event that the Contractor does not comply with Article 6.4-A as stated above, the
Owner may cancel the A ward of Contract and select the next responsive bidder or reject all
bids.
ARTICLE VII
SPECIAL LEGAL REQUIREMENTS
7.1 Each Bidder, before submitting his Bid, shall familiarize himself with all Federal, State, and local
laws, ordinances, rules and regulations that may apply to the Work or that may in any manner affect
the cost, progress, or performance of the Work.
END OF SECTION 00100
04/05/02
INSTRUCTIONS TO BIDDERS
00100-7
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 Pae:es
1. Proposal Form 2-4
2. Non-Collusion Affidavit 5
3. Lobbying and Conflict of Interest Clause 6
4. Drug-Free Workplace Form 7
5. Bid Bond 8
6. Insurance Statement 9
04/05/02
BID PROPOSAL
00110-1
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:
Key Largo Roads XVI
Key Largo
Monroe County, 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.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is
understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price
will be determined from the actual quantities measured for payment in accordance with the Contract Documents.
dollars.
(Total Base Bid - words)
BID PROPOSAL
00110-2
04/05/02
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04/05/02
BID PROPOSAL
00110-3
I acknowledge receipt of Addenda No.(s) " I have included pages 1 through 9 of
the Bid Proposal which entails the Proposal Form _, the Non-Collusion Affidavit_, the
Lobbying and Conflict of Interest Clause_, the Drug-Free Workplace Form _, the Bid
Bond_, the Bidder's Insurance Statement_" Also include a copy of valid licenses_.
(Check mark items above. ~! reminder that they ~ included.)
Mailing Address:
Phone Number:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
BID PROPOSAL
00110-4
04/05/02
NON-COLLUSION AFFIDAVIT
I, of the city of
under penalty of perjury, depose and say that;
according to law on my oath, and
1. I am of the firm of
, the bidder making the Proposal for the project
described in the notice for calling for bids for:
Key Largo Roads XVI
Key Largo
Monroe County, Florida
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 process 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 and will
not be knowingly 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 Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
(Signature of Bidder)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this _
day of , 2002.
NOTARY PUBLIC
My commission expires:
04/05/02
BID PROPOSAL
00110-5
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
"
"
(Company)
"... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of 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
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature
in the space provided
(name of individual signing)
above on this
day of
,20
NOTARY PUBLIC
My commission expires:
04/05/02
BID PROPOSAL
00110-6
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. 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 such 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 employees 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 a person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Bidder's Signature
Date
04/05/02
BID PROPOSAL
00110-7
SECTION 00110
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
(Herc insert full name and address or legal title of Owner)
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 full name. address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a
Contract with the Obligee in accordance with the terms 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 performance 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 perform 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
(Witness)
(Principal)
(Seal)
(Title)
(Witness)
(Surety)
(Seal)
(Title)
04/05/02
BID PROPOSAL
00110-8
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Requirement
Statutory Limits
Worker's Compensation
WC2
$500,000/$500,000/$500,000
GLXCU
$250,000 per Person; $500,000 per
Occurrence; $50,000 Property Damage or
$500,000 Combined Single Limit
*Required Endorsement
Underground, Explosion and Collapse
(XCU)
General Liability
GL2
Vehicle Liability
VL2
$100,000 per Person; $300,000 per
Occurrence; $50,000 Property Damage or
$300,000 Combined Single Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements.
Name of Business
Signature
Date
END OF SECTION 00110
04/05/02
BID PROPOSAL
00110-9
SECTION 00163
PRE-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 DOCUMENT INCLUDES: 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 County Engineer.
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 County Engineer.
2. The County 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 shall 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.
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.
04/05/02
PRE-BID SUBSTITUTIONS
00163-1
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 County Engineer, the substitution does not
include adequate information necessary for a complete evaluation.
D. The County 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.
04/05/02
PRE-BID SUBSTITUTIONS
00163-2
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.
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. County 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 COUNTY 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.
04/05/02
PRE-BID SUBSTITUTIONS
00163-3
SUBSTITUTION REQUEST FORM
TO: Monroe County Engineer
1100 Simonton Street, Room 2-215
Key West, FL 33040
Ph: (305) 292-4426 FAX: (305) 295-4321
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
City / State / Zip Code
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.
04/05/02
PRE-BID SUBSTITUTIONS
00163-4
F or use by the Engineer:
_Approved _Apvd as noted _Not Apvd
Rec'd too late
Insufficient data received
By
Date
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 OF SECTION 00163
04/05/02
PRE-BID SUBSTITUTIONS
00163-5
SECTION 00300
SCOPE OF WORK
1.0 GENERAL SCOPE
1.1 The Scope of Work shall include, but not be limited to, all Work shown and listed, and in the
specifications. The Contractor is required to provide a complete job as contemplated by the
drawings and specifications, which are a part of this bid package.
1.2 The Scope of Work consists of Roadway Improvements. This includes road widening,
leveling course followed by surface course, re-grading roadway shoulders creating a swale,
additional asphalt and shoulder work at bridge approaches, pavement markings, exotic
invasive removal, tree removal and other roadway construction as shown in the appendix and
included in the Technical Specifications.
1.3 Roads included in this project are:
Harris Ocean Park Estates Subdivision
Street
From
To
1. Artie Avenue Dove Creek Drive End
Pave 18 ft. wide for approximately 635 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft total) up to the intersection
with Dove Creek Drive where an 8 ft. stop bar shall be installed at the existing
stop sign.
2. Cuba Road Harry Harris Drive End
Pave 18 ft. wide for approximately 720 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with Harry Harris Drive where an 8 ft. stop bar shall be installed at
the existing stop sign.
3. Harry Harris Drive Park Avenue Trinidad Road
Pave 18 ft. wide for approximately 1370 ft and install 2 yellow road
termination signs where Harry Harris Dr. connects with Trinidad Rd.
4. Hispaniola Road Harry Harris Drive End
Pave 18 ft. wide for approximately 620 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with Harry Harris Drive where a 9 ft. stop bar shall be installed at
the existing stop sign.
04/05/02
SCOPE OF WORK
00300-1
Street
From
To
5. Indian Avenue Dove Creek Drive End
Pave 18 ft. wide for approximately 1170 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with Dove Creek Drive where a 10ft. stop bar shall be installed at
the existing stop sign.
6. West Indies Road Harry Harris Drive End
Pave 18 f1. wide for approximately 680 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with Harry Harris Drive where a 10ft. stop bar shall be installed at
the existing stop sign.
No Subdivision - Gulf Side of U.S. #1 Approximately MM 92.4
7. Ellis Drive U.S. #1 End
Pave 20 ft. wide for approximately 500 f1. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with u.s. #1 where a 10 f1. stop bar shall be installed at the
existing stop sign.
Largo City Subdivision
8. Esther Street U.S. #1 Pamela Street
Pave 19 ft. wide for approximately 625 ft. Install 100 ft. of double yellow
stripe (200 ft. total) up to the intersection with U.S. #1 where a 10 f1. stop bar
shall be installed at the existing stop sign.
9. Susan Street End Taylor Drive
Pave 18 ft. wide for approximately 1345 ft. and install 2 red road termination
signs. Install 100 ft. of double yellow stripe (200 f1. total) up to the
intersection with Taylor Drive where a 8 ft. stop bar shall be installed at the
existing stop sign, install 100 f1. of double yellow stripe (200 f1. total) up to the
intersection with Esther Street from Taylor Drive where an 8 f1. stop bar shall
be installed at the existing stop sign, install 100 f1. of double yellow stripe (200
f1. total) up to the intersection with Esther Street from dead end where an 8 ft.
stop bar shall be installed at the existing stop sign.
10. Robert Street Esther Street Taylor Drive
Pave 18 ft. wide for approximately 655 f1. Install 100 ft of double yellow
stripe (200 ft. total) up to the intersection with Esther Street where a 8 f1. stop
bar shall be installed at the existing stop sign, install 100 f1. of double yellow
stripe (200 ft. total) up to the intersection with Taylor Drive where an 8 f1. stop
bar shall be installed at the existing stop sign.
04/05/02
SCOPE OF WORK
00300-2
Street
From
To
11. Pamela Street Esther Street Taylor Drive
Pave 18 ft. wide for approximately 450 ft. Install 100 ft. of double yellow
stripe (200 ft. total) up to the intersection with Esther Street where an 8 ft. stop
bar shall be installed at the existing stop sign, install 1 00 ft. of double yellow
stripe (200 ft. total) up to the intersection with Taylor Drive where an 8 ft. stop
bar shall be installed at the existing stop sign.
Port Largo Subdivision
12. Caribbean Drive Laguna Avenue End
Pave 20 ft. wide for approximately 2,875 ft. including the culdesac
termination. Install 100 ft. of double yellow stripe (200 ft. total) up to the
intersection with Laguna Avenue where a 10ft. stop bar shall be installed at
the existing stop sign.
13. Laguna Avenue U.S. #1 Caribbean Drive
Pave 20 ft. wide for approximately 1,200 ft. including the intersection with
Caribbean Drive. Install 100 ft. of double yellow stripe (200 ft. total) up to the
Intersection with Caribbean Drive where a 10ft. stop bar shall be installed at
The existing stop sign.
Key Largo Ocean Shores Subdivision
14. Ocean Bay Drive Bridge End
Pave 20 ft. wide for approximately 650 ft. from the bridge to the end. This
work shall include paving over the bridge, lengthening the approaches 100 feet
on both sides with asphaltic concrete to decrease the slope and building the
shoulders.
1.4 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment,
transportation, inspection, and proper execution and completion of all Work as specified in
the Appendixes and Technical Specifications included in this Bid Package.
END OF SECTION 00300
04/05/02
SCOPE OF WORK
00300-3
SECTION 00350
MILESTONE SCHEDULE
This section contains the project milestone schedule. The Contractor is required to study the
applicable parts, or milestones, in order to determine his proposed scheduling for the project.
The Contractor is to note the following special items.
a.
Bid Due Date .................. . . . . .
May 23, 2002
b.
Award Date (Anticipated) . . . . . . . . . . . . . . .
June 19,2002
c.
Pre-Con Meeting (Anticipated) ...........
July 22, 2002
d.
Construction Start (Anticipated) . . . . . . . . . . .
August 01,2002
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 detennine the amount of
liquidated damages.
CONTRACT AMOUNT
Under SO,OOO.OO
$SO,000.00-99,999.00
$100,000.00-499,999.00
$SOO,OOO.OO and Up
FIRST
IS DAYS
$SO.OO/Day
100.00/Day
200.00/Day
SOO.OO/Day
SECOND
IS DAYS
$lOO.OO/Day
200.00/Day
SOO.OO/Day
I,OOO.OO/Day
3ISTDAY&
THEREAFTER
$2S0.00/Day
7S0.00/Day
2,OOO.OO/Day
3,SOO.OO/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
04/0S/02
MILESTONE SCHEDULE
003S0-1
Section
Contract Documents
00500
Standard Form of Agreement
Between Owner and Contractor
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the
(In Words, indicate day, month and year.)
day of
in the year of
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 de'ailed description of project, !oca'ion, address and scope)
Key Largo Roads XVI
Key Largo, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer's designee
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-1
The Owner and Contractor agree as set forth below.
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 priorto 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.
Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and
Construction Manager.
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.)
One Hundred Twenty (120) 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>)
As listed in Milestone Schedule, section 00350-1 of the Project Manual.
ARTICLE 4
Contract Sum
4.1
Sum of
additions and deductions as provided in the Contract Documents.
The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract
Dollars ($ ), subject to
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. A ttach a schedule o.f such other alternates showing the amountfor each and the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-2
Unit prices as specified on Bid Form for this project from Section 00110 of Project Manual for this
project, as submitted by Contractor and accepted for award of contract by Monroe County Board of
County Commissioners.
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:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of
the project.
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 Twentieth 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:
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
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-3
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 retain age, if any, shall be as follows:
(/fit is intended. prior to Substantial completion of the entire Work, to reduce or limit the retainage resultingfrom 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)
NONE.
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 (I) 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 haws 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)
Zero Percent (0%)
(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.
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.
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-4
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 March
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
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 ofthe 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 /f 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.
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-5
(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
4/5/02
Standard Form of Agreement Between Owner and Contractor
00500-6
Conditions of the Contract
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
00750
00850
00900
01000
01025
01027
01301
01400
01560
01595
01630
General Conditions
Public Construction Bond
Supplementary Insurance Documents
Special Conditions
Measurement and Payment
Application for Payment
Submittals
Environmental Protection
Temporary Controls
Construction Cleaning
Post-Bid Substitutions
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
4/5/02
General Conditions of the Contract for Construction
00750-1
General Conditions of the Contract for Construction
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 (herinafter), 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 (I) 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 (I) 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 ofthe 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
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.
4/5/02
General Conditions of the Contract for Construction
00750-2
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, 5 copies of
Drawings and Specifications for the execution ofthe Work, additional copies will be available at $100.00 dollars a set.
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.
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
4/5/02
General Conditions of the Contract for Construction
00750-3
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 ofthe Owner to exercise this right for the benefit of the
Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default
or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after
receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice
to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including
compensation for 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. Ifpayments
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
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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.
3.2.4 The Contract Documents are complementary, and what is called for by any, shall be as binding as if called for by
all.
3.2.5 In case of conflict between the drawings and specifications, the specifications shall take precedence over the
drawings. The captions or subtitles of the several Articles and Divisions ofthese Contract Documents constitute no part of
the context hereof, but are only labels to assist in locating and reading the provisions hereof.
3.2.6 Full Size details shall take precedence over scale drawings and large-scale drawings shall take precedence over
small-scale drawings. Dimensions given in figures shall take precedence over scaled dimensions.
3.2.7 When measurements are affected by conditions already established or where items are to be fitted into constructed
conditions, it shall be the Contractor's responsibility to verifY all such dimensions at the site and the actual job dimensions
shall take precedence over scale and figure dimensions on the drawings.
3.2.8 Wherever a stock size of manufactured item or piece of equipment is specified by its nominal size, it shall be the
responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space to
make all necessary allowances and adjustments therefor in his work without additional cost to the Owner.
3.2.9 Standard specifications or other specifications of the organizations, societies or bodies referred to herein or to
specifications listed therin, shall be to their current editions and whenever it is stated in the Specifications that materials or
work shall conform to the requirements of any of these specifications, work and/or material shall also conform to any other
specification referred to herein.
3.2.10 The Contractor shall test all figures on the drawings before laying out the work.
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, subj ect 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 ofthe 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 ofthe Project related to the Contractor's Work in order to determine that such
portions are in proper condition to receive subsequent work.
3.4 Labor and Materials
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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 ofthe 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, HV AC, 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.
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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 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 ofthe Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by
which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their
submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes
to conform to the information given and the design concept expressed in the Contract Documents. Review by 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
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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.
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
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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 ofthe 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
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 ofthe 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 ofliability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRA TION 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.
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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 ofthe 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.
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 ofthe 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 Subparagraph 4.6.4 and 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 ofthe 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 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 Construction Manager will review and certify all Applications for Payment by the Contractor, including final
payment. The Construction Manager 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 Construction Manager will submit the Project Application and Project
Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect.
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,
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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 authority to require additional inspection or testing ofthe 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 ofthe 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 ofthe 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 Architect 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 Construction Manager will forward to the Architect a final Project
Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents.
4.6.17 Ifthe 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 promptness and within any time limits agreed upon. Ifno 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.
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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 (I) 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 or litigation in the event (I) 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.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (I) 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 initial determination, subject to further proceedings pursuant to Paragraph
4.6.
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 (I) 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.
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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 ofa 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 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. Ifthere is a surety and there appears to be a possibility ofa Contractor's default, the Architect may,
but is not obligated to, notifY the surety and request the surety's assistance in resolving the controversy.
4.9 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 A ward 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,
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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 ofthe 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 shall not be required to contract with anyone to whom
the Contractor 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 ifthe Owner, Construction
Manager or Architect makes reasonable objection to such change.
5.3 Sub-Contractual 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 ofthe
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 bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensations 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
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.
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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 ofthe 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 an 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 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
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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 oflump sum properly itemized and supported by sufficient substantiating data to permit
evaluation;
.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 Ifnone ofthe methods set forth in Clauses 7.2.2.1; 7.2.2.2; or 7.2.2.3 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 oflabor, 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.
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7.2.4 The actual cost of Changes in the Work may include all items oflabor 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 inn the Work (other
than those covered by nit 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 often percent (10%). If the Contractor does not enter into 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 ofthen 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 often percent (10%) on his
direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown ofthe
quantities and prices used in computing the value of any change that 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 12.1.1. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum
or extension ofthe Contract Time and not inconsistent with the intent ofthe 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 orders 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 ofthe 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.
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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.
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 ofthe 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.
Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notifY the
Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filling of
mortgages, mechanic's liens and other security interests.
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 Ifthe Contractor is delayed, at any time, in the progress ofthe 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 oftime 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 ofthe Work under the Contract Documents.
9.2 Schedule of Values
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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 b 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 retain age 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 warrants 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.
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
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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.
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 payor 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.
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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 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 ofthe 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 11.3.11 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, ifno agreement is reached, by decision of the Architect after consultation with the Construction Manager.
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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, ifany, 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 ofthe 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 ifbond 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 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 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.
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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 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.
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10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
execution ofthe 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 or extension of time claimed by the Contractor on
account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the
Contractor shall obtain, at 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.
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11.1.6 All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer.
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, it's employees and officials will be included as "Additional
Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured an 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 ofInsurance Requirements" and approved by the Monroe County's Risk Manager.
11.2 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 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 9.9.1, 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
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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.
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
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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:
Mr. David S. Koppel, P.E.
Monroe County Engineer
1100 Simonton Street, Room 2-215
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 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 lfthe 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 ofthe 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.
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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 of30 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
ofthe 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;
.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 ofthe 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;
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.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.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Construction manger'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
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SECTION 00850
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, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.
Performs the contract dated
Owner for construction of
,20
, between Principal and
KEY LARGO ROADS XVI
Kev Lar2o.
Monroe County, Florida
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 payments 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, 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 or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond.
04/05/02
PUBLIC CONSTRUCTION BOND
00850-1
Dated
,20
(Name of Principal)
By
(As Attorney in Fact)
(Name of Surety)
END OF SECTION 00850
04/05/02
PUBLIC CONSTRUCTION BOND
00850-2
1996 Edition
GENERAL INSURANCE REQUIREMENTS
FOR
CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging of personnel and
material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached
schedules, which are made part of this contract. The Contractor will also ensure that the insurance
obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the
Contractor may require all Sub-Contractors 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 the 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, non-renewal, material change,
or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by
the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-1
1996 Edition
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's Risk Manager.
Indemnification and Hold Harmless
for
Construction 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 of omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (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.
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-2
1996 Edition
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 himlher
sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal.
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
Workers' Compensation
Employers' Liability
X Employers' Liability
Employers' Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
$1,000,000/$1,000,000/$1,000,000
WCJA
$1,000,000/$1,000,000/$1,000,000
INSCKLST
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-3
1996 Edition
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:
GLl
_ $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
GL2
x
$ 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
GL3
GL4
$ 5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
x
Underground, Explosion and Collapse (XCD)
GLLlQ
Liquor Liability
GLS
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-4
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
Owned; Non-owned; and Hired Vehides
Required Limits:
VLl
$ 50,000 per Person; $100,000 per Occurrence
$ 25,000 Property Damage
or
$ 100,000 Combined Single Limit
VL2 X $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
VL3 $ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $ 5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BRl
MVC
Builders' Risk
Motor Truck
Cargo shipment.
Limits equal to the completed project.
Limits equal to the maximum value of anyone
PRO 1
PR02
PR03
POLl
POL2
POL3
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
EDl
ED2
Employee
Dishonesty
$ 10,000
$ 100,000
GKl
GK2
GK3
Garage
Keepers
$ 300,000 ($ 25,000 per Veh.)
$ 500,000 ($100,000 per Veh.)
$1,000,000 ($250,000 per Veh.)
INSCKLST
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900- 5
1996 Edition
MEDI 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 Installed Floater
VLPI 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
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR I Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOI Architects $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 Errors & $ 500,000 per Occurrence/$I,OOO,OOO Agg.
AE03 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
EOI Engineers $ 250,000 per Occurrence/$ 500,000 Agg.
E02 Errors & $ 500,000 per Occurrence/$I,OOO,OOO Agg.
E03 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-6
1996 Edition
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 mandatory insurance requirements necessary for awarding this Contract and have complied in
full.
Bidder
Signature
INSCKLST
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900- 7
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Kev Lare;o Roads XVI
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$ 500,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, policy limits
$ 500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire terms of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter
of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,
the Contractor may be required to submit updated financial statements from the fund upon request from the
County.
WC2
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-8
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Key Lare:o Roads XVI
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:
$ 500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 250,000 per Person
$ 500,000 per Occurrence
$ 50,000 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.
GL2
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-9
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Key Lanzo Roads XVI
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures, explosive
activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include
coverage for the XCV (explosion, collapse, and underground) exposures with limits of liability equal to those
of the General Liability Insurance Policy.
GLXCV
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-10
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Key Lar20 Roads XVI
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the
commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout
the life of the contract and include, as a minimum, liability coverage for:
- Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$ 300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000
$ 300,000
$ 50,000
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.
VL2
04105/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-11
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
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
Waiving 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 routed to Risk Management for consideration and negotiation as
soon as possible.
The form will be returned, either approved or disapproved, 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.
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-12
1996 Edition
MONROE COUNTY, FLORIDA
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:
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:
END OF SECTION 00900
04/05/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-13
SECTION 01000
SPECIAL CONDITIONS
1.1 SCOPE
A. The Project consists of roadway improvements to local subdivision roads known as
Key LargoRoads XVI which includes re-grading roadway shoulders, leveling,
resurfacing, and other related work as identified in Section 00300.
1.2 STANDARD DOCUMENTS
A. Construction shall conform to the technical portions of the most recently
published edition of Florida D.O.T. Standard Specifications for Roadway
Construction, and all appropriate portions of the Monroe County Public
Works Manual, except when otherwise indicated hereinafter.
1.3 LAYING OUT THE WORK
A. The Contractor shall be responsible for establishing all lines and grades together
with all reference points as required by the various trades for all work under this
Contract.
B. The Contractor shall provide all labor and instruments and all stakes, templates,
and other materials necessary for marking and maintaining all lines and grades.
The lines and grades shall be subject to any checking the County Engineer may
decide necessary.
C. No separate cost item is provided for laying out the work, the cost of which shall
be included in the unit prices for items in the bid.
1.4 CONTRACTOR'S OFFICE
A. The Contractor shall provide and maintain an office with telephone facilities
where he or a responsible representative of his organization may be reached at
any time while work is in progress. Such office may be at any location the
Contractor considers desirable within Monroe or Dade County.
1.5 CARE OF TREES, SHRUBS AND GRASS
A. The Contractor shall be fully responsible for maintaining in good condition all
cultivated grass plots, trees and shrubs inside the County and D.O.T. right-of-way.
Where maintained shrubbery, grass strips or area within the right-of-way must be
removed or destroyed incident to the construction operation, the Contractor, after
completion of the work, must replace or restore to the original condition all destroyed
or damaged shrubbery, grass areas or pea rock areas. He must, however, leave the
area in a clean and workmanship condition. Tree limbs which interfere with
equipment operation and are approved for pruning shall be neatly trimmed and the tree
04/05/02
SPECIAL CONDITIONS
01000-1
cut coated with a tree paint. Care of trees, shrubs and grass shall be considered
incidental & cost shall be included in the bid price of the items listed in the bid.
1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES
A. The Contractor shall be responsible for and make good all damage to pavement
beyond the limits of this Contract, buildings, telephone or other cables, water pipes,
sanitary pipes, or other structures which may be encountered, whether or not shown on
the Drawings.
B. Information shown on the Drawings as to the location of existing utilities has been
prepared by the most reliable data available to the Engineer. This information is not
guaranteed, however, and it shall be this Contractor's responsibility to determine the
location, character and depth of any existing utilities. He shall assist the utility
companies, by every means possible to determine said locations. Extreme caution
shall be exercised to eliminate any possibility of any damage to said locations.
Extreme caution shall be exercised to eliminate any possibility of any damage to
utilities resulting from his activities.
C. All existing utility castings, including valve boxes, junction boxes, manholes, hand
holes, pull boxes, inlets and similar structures in the areas of construction that are to
remain in service shall be adjusted by the Contractor or if by mutual agreement, the
utility Owner prior to the installation of the asphaltic concrete surface course, to
bring them flush with the surface of the finished work. It is the intent that the asphalt
concrete surface course shall extend to the edge of the utility castings, the use of
concrete as the surface course is not acceptable. Adjustment of utility castings to
grade shall be considered incidental and shall be included in the cost of the items
listed in the proposal.
1.7 TESTS
A. The Contractor will pay for all required tests, including those proving
satisfactory operation of equipment. On asphaltic concrete the manufacturer's
supplier's certificate that the material meets the requirements of the specification
will be accepted subject to verification by the County Engineer. The Contractor
shall engage the services of a qualified independent testing laboratory, who shall
perform all required tests. Copies of said test results shall be forwarded to the
County Engineer and the Contractor. Any and all tests which have to be
repeated because of the failure of the tested material to meet specifications shall
also be paid for by the Contractor at no additional cost to the Owner. No
additional compensation will be made for excess thickness of the asphalt
concrete surface course but a price differential will be assessed for any thickness
less than that shown on the plans.
1.8 RECORD DRAWINGS
A. Record Drawings will not be required for this project.
1.9 SUBSURFACE INVESTIGATION
04/05/02 SPECIAL CONDITIONS
01000-2
A. The Contractor shall be responsible for having determined to his satisfaction,
prior to the submission of his bid, the nature & location of the work, the
conformation of the ground, the character and quality of the substrata, the types
and quantity of materials to be encountered, the nature of the ground water
conditions, the character of equipment and facilities needed preliminary to and
during the execution of the work, the general and local conditions and all other
matters which can in any way affect the work under this contract. The prices
established for the work to be done will reflect all costs pertaining to the work.
Any claims for extras based on substrata or ground water table conditions will
not be allowed.
1.10 PROJECT SIGNS
A. Two signs shall be constructed, installed and removed by the Contractor. See
Appendix "B" on page 6 of this Section for the details of the signs. The signs shall
be constructed on 4' x 8' x 3/4" exterior plywood and readable at eye level. The
colors to be used are white for the background and black for all lettering. All paint
shall be rated outdoor enamel. The Monroe County seal will be supplied by the
Engineering Department of Public Works at no cost to the contractor. The exact sign
locations shall be determined prior to beginning work by the Engineer. The cost for
the signs shall be covered in Bid Item No.1 - General Provisions.
1.11 MAINTENANCE OF TRAFFIC
A. The Contractor shall be responsible for the proper maintenance control and
detour of traffic in the area of construction, during the course of construction.
All traffic control and maintenance procedures shall be in accordance with the
requirements of either the Florida D.O.T. or Monroe County, within their
respective areas of jurisdiction. It shall be the Contractor's responsibility, as
Bidder, prior to submitting his Bid, to determine the requirements of these
agencies so that his Proposal reflects all costs to be incurred. No claims for
additional payment will be considered for costs incurred in providing the proper
maintenance, control, detour and protection of traffic.
B. Traffic shall be maintained at all times where practical and as more particularly
specified hereinafter. No traffic shall be detoured without prior knowledge and
approval of the traffic control agency having jurisdiction. The Contractor shall
notify such agencies 48 hours in advance of such time he proposes to detour
traffic.
C. The Contractor shall keep all law enforcement, fire protection and ambulance
agencies informed, in advance, of his construction schedules, and shall notifY all
such agencies 48 hours in advance, in the event of detour of any roadway.
D. All traffic control signs and devices, barricades, flashers, flambeaus and similar
devices shall be furnished and maintained by the Contractor.
04/05/02
SPECIAL CONDITIONS
01000- 3
E. Construction shall be conducted in such a manner to cause the least possible
interruption to traffic. Necessary access to and from adjacent properties shall be
provided at all times.
1.12 BARRICADES AND PROTECTION OF WORK
A. The Contractor shall protect his work throughout its length by the erection of
suitable barricades, where required. He shall further indicate his work at night
by the maintenance of suitable lights or flares. He shall comply with all laws or
ordinances covering the protection of such work and the safety measures to be
employed therein. The Contractor shall carry out his work so as not to deny
access to private property. All utility access manholes, valves, fire hydrants, and
letter boxes shall be kept accessible at all times.
1.13 EXTRA NON-CONTRACT WORK
A. The Contractor may at his option contract with private owners along the
construction route for additional pavement work such as driveways, parking
areas, etc., as long as it is understood by both the Contractor and the private
party that this work must be permitted by the proper County Authority in
accordance with the existing County Ordinances, and has no connection with the
Owner and the Owner has and will assume no responsibility for work performed
on said private property. The Contractor should understand that the execution of
this contract takes precedence over any other private works.
1.14 HANDOUT TO RESIDENTS
A. To insure that residents in the various areas affected by this project are aware of
the scope and intent of the work, the Contractor will distribute to each house in
the project a letter similar to that shown in Appendix A. Each household shall
be informed when they can expect to encounter traffic disruption and this
notification shall be given at least 48 hours prior to the commencement of
construction.
04/05/02
SPECIAL CONDITIONS
01000-4
APPENDIX A
Date:
Residents of: (list name of Street, Subdivision, Key)
(Contractor)
has been awarded a contract by the
Monroe County Board of County Commissioners to improve your residential area by
(specify what type work will be performed)
We anticipate these improvements will commence sometime during the period
(date) to
(date). During this period of construction, you may
experience a short delay in street traffic or a temporary delay in entering or leaving your driveway.
At no time will the streets be closed to traffic.
This is your tax dollars being put to work for your benefit by your Board of County Commissioners
and the Monroe County Public Works Department.
Any questions may be directed to:
Contractor:
(Name)
(Phone No.)
Public Works:
David S. Koppel, P.E.
County Engineer
Phone: 292-4426 (Key West)
04/05/02
SPECIAL CONDITIONS
01000-5
/.5 BLACK BORDER
- -
" - --
- Key Largo Roads XVI -
- -
"
BOARD OF COUNTY COMMISSIONERS COUNTY AD MINISTRA TO R -----.....-.-. _.m...........
JAMES L. ROBERTS .__._...."~.___m..__._.m..w.._. ..- ................
" MAYOR CHARLES "SONNY" MCCOY, DISTRICT 3 - -----.--..-
DIRECTOR OF PUBLIC WORKS
MAYOR PRO-TEM DIXIE M, SPEHAR, DISTRICT 1 DENT PIERCE .....~_~._m.m_~_~...._._....~m__.... ""'---....
"
___..m__""mm__m____.......... __''''_m..
" GEORGE NEUGENT, DISTRICT 2
DAVID S. KOPPEL, P .E.______ ..-.---.......-.
. NORA W1UJAMS, DISTRICT 4 CONTRACTOR:
..---..-..-..----.-----.---..--.. ---_.....
MURRAY E. NELSON, DISTRICT 5 ~.......
. ---
PROJECT COST: .......--..... .... .........._.__...nm__......_....._n.... .-....-.-.-.-.
PROJECT SPONSORED BY THE MONROE COUNTY BOARD OF COMMISSIONERS .m_._W_.._.__.....~...... ____m.....__
FUNDS PROVIDED FROM GASOIJNE TAXES AND TRANSPORTATION IMPACT FEES .___......_......-m...__.._.. _'__m."'"
..__.....~-_...__.__. --..........-...
-
I-
.5"
3.5
4"
3.5
3"
2"
2.5
2"
4'-0" 2.5
2"
2.5
2"
2.5
2"
2.5
APPENDIX B
8'-0"
~I
See Special Provisions (01000), paragraph 10 for detail concerning construction
of project sign.
T:
4'-0"
11_
I
4'-1"
_J
~5'-7"~
-l
I
I
I
_ J
I,
I I
Bolt sign to frame thru 4"X4" members
with six galvanized 5/8"X6" bolts with
washers and nuts.
All wood framing to be pressure treated.
FRAME ELEVATION FOR PROJECT SIGN
.5"
3.5"
4"
3.5"
2"
1"
2"
1.5"
2"
1"
2"
1.5"
2"
1"
2"
1.5"
2"
1"
2"
1.5"
2"
2"
1"
I:
2"
.5"
04/05102
SPECIAL CONDITIONS
01000-6
END OF SECTION 01000
04/05/02
01000- 7
SPECIAL CONDITIONS
SECTION 01025
MEASUREMENT AND PAYMENT
1.0 GENERAL
A. The Contractor shall receive and accept the compensation provided in the Proposal
and the Contract as full payment for furnishing all materials, labor, tools and
equipment, for performing all operations necessary to complete the work under the
Contract, and also in full payment for all loss or damages arising from the nature of
the work, or from any discrepancy between the actual quantities of work and
quantities herein estimated by the Engineer, or from the action of the elements or from
any unforeseen difficulties which may be encountered during the prosecution of the
work until final acceptance by the Owner.
B. The prices stated in the proposal include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportation charges and expenses, patent fees
and royalties, labor for handling materials during inspection, together with any and all
other costs and expenses for performing and completing the work as shown on the
details and specified herein. The basis of payment for an item at the unit price shown
in the proposal shall be in accordance with the description of that item in this Section.
C. The Contractor's attention is again called to the fact that the, quotations for the various
items of work are intended to establish a total price for completing the work in its
entirety. Should the Contractor feel that the cost for any item of work has not been
established by the Bid Form or Payment Items, he shall include the cost for that work
in some other applicable bid item, so that his proposal for the project does reflect his
total price for completing the work in its entirety.
2.0 MEASUREMENT
A. The quantities for payment under this Contract shall be determined for those
completed items, in place, ready for service and accepted by the Owner, in accordance
with the applicable method of measurement therefore contained herein. A
representative of the Contractor shall witness any field measurements.
3.0 PAYMENT ITEMS
A. The first five (5) digits of an item number represent the Section in which the item is
specified.
04/05/02
MEASUREMENT AND PAYMENT
01025-1
Item 1
Item 2
Item 3
(00500) General Provisions
a.
Measurement and payment of individual items for General Provisions
will not be made, rather, all items shall be included in the lump sum
pnce.
b.
Payment for General Provisions will be made at the Contract lump sum
price, which price and payment shall be full compensation to complete
the project as specified in the Scope of Work, including the
Contractor's overhead and profit, bonds, project signs and all other
items that do not have a specific page item.
(01000) Maintenance of Traffic:
a.
Measurement and payment of individual items for Maintenance of
Traffic will not be made, rather, all items shall be included in the lump
sum pnce.
b.
Payment for Maintenance of Traffic will be made at the Contract lump
sum price, which price and payment shall be full compensation for
construction and maintenance of any necessary detour facilities; the
providing of necessary facilities for access to residences, business, etc.,
along the project; the furnishing, installing and maintaining of traffic
control, barricades, railings, warning lights, and other safety devices
during construction, the control of dust, and any other special
requirements for safe and expeditious movements of traffic as called
for in the Specifications, Sec. 01000, paragraph eleven.
c.
Payment for Maintenance of Traffic will be made in the
following manner: up to 80% of the lump sum price on the first
pay request, dependent upon the percent (%) of work
completed. The final 20% will be held until the Final Pay
Request.
(01560), (1595), (02209) and (02220) Site Work
a.
Measurement and payment of individual items for Site work will not be
made, rather all items shall be included in the lump sum price.
b.
Payment for Site work will be made at the Contract lump sum price,
which price and payment shall be full compensation for temporary
controls, clearing, excavating, swale construction, sign relocation with
specified post, back filling and grading the areas required for the
construction of the roadway and shoulders, as called for in the
Specifications.
04/05/02
01025-2
MEASUREMENT AND PAYMENT
Item 4
Items 5
Item 6
(02951) Tree Trimming and Invasive Exotic Tree Removal
a.
Measurement and payment for Invasive Exotic Tree Removal will not
be made for each tree, rather, all items shall be included in the lump
sum pnce.
b.
Payment for Tree Removal will be made at the Contract lump sum
price, which price shall be full compensation for all materials,
equipment and labor necessary for the complete removal,
including roots of all invasive exotic trees in the public right of
way. Contractor must also hire a biologist to inspect and issue a
letter to Monroe County upon the completion of the removal,
stating that the removal and treatment has been completed. Also
included in this item is the trimming of all trees encroaching over
the proposed edge of pavement.
(02507),(02513) Type S-III Asphalt Concrete Leveling Course
(112" compacted thickness)
a.
The quantity of Type S-III Asphaltic Concrete leveling course, 1/2"
min. thickness, to be paid for, will be by the ton as bid unless modified
in the field.
b.
Payment for Type S-III Asphaltic Concrete leveling course, 1/2" min.
thickness, will be made at the Contract unit price per Ton,
which price shall be full compensation for bituminous tack
coat, bituminous material, aggregate, labor equipment, testing
transportation, compaction and all incidentals necessary to
complete the item in place.
(02507), (02513) Type S-III Asphaltic Concrete Surface Course
(1" compacted thickness)
a.
The quantity of Type S-III Asphaltic Concrete Surface Course, one
inch compacted thickness, to be paid for, will be by the ton as bid
unless modified in the field.
b.
Payment for Type S- III Asphaltic Concrete Surface Course, one inch
compacted thickness, will be made at the Contract unit price per Ton,
which price shall be full compensation for bituminous tack coat,
bituminous material, aggregate, labor, equipment, testing, transportation,
compaction and all incidentals necessary to complete the item in place.
04/05/02
01025-3
MEASUREMENT AND PAYMENT
Item 7
(02507), (02513) Additional Leveling Course
a.
The quantity of Type S-III Asphaltic Concrete Additional Leveling
Course, to be paid for, will be by the ton as bid unless modified in the
field.
b.
Payment for Type S-III Asphaltic Concrete Additional leveling Course,
will be made at the Contract unit price per Ton, which price shall be full
compensation for bituminous tack coat, bituminous material, aggregate,
labor, equipment, testing, transportation, compaction and all incidentals
necessary to complete this item.
Item 8
(02513) Asphaltic Base Course
a.
The quantity of Asphaltic Base Course, to be paid for, will be the plan
quantity as bid unless modified in the field.
b.
Payment for Limerock or Asphaltic Concrete Base Course, will be
made at Contract unit price per Ton, which price shall be full
compensation for materials, labor, equipment, testing, transportation,
compaction and all incidentals necessary to complete the item in place.
Items 9 - 11 (02580) Pavement Markings
9: 6" Solid Yellow Line (Thermo)
10: 24" White Stopbar (Thermo)
a. The quantity of Pavement Markings including 6" solid, 6" skip, 12"
and 24" striping to be paid will be the plan quantity unless modified in
the field. This quantity is based upon actual applied striping and does
not include measurement of gaps.
b. Payment for Pavement Markings will be made at the contract unit
price per linear foot, which price shall be full compensation for
materials, tools, equipment, labor and work necessary to complete
the item.
11: White "Stop" Message (Thermo)
a. The quantity of White "Stop" Messages to be paid will be the
plan quantity unless modified in the field.
b. Payment for White "Stop" Messages will be made at the contract
unit price each, which price shall be full compensation for all
labor, materials and equipment necessary to complete this item.
04/05/02
01025-4
MEASUREMENT AND PAYMENT
Item 12 (02580) Temporary Roadway Striping
a. Measurement and payment of individual items for Temporary
Roadway Striping will not be made, rather, all items shall be
included in the lump sum price.
b. Payment for Temporary Roadway Striping will be made at the
contract lump sum price, which price shall be full compensation
for all materials, equipment and labor necessary for completing
the temporary striping called for in section 02580.
Items 13 & 14 (10425) Traffic Signs
a. The quantity of Traffic Signs to be paid will be the plan quantity
unless modified in the field.
b. Payment for Traffic Signs will be made at the contract
unit price per each, which price shall be full compensation for all
labor, materials and equipment necessary to complete this item.
END OF SECTION 01025
04/05/02
01025-5
MEASUREMENT AND PAYMENT
SECTION 01027
APPLICA TION FOR PAYMENT
1.1 SUMMARY
A. This section provides procedures for preparation and submittal of Applications for
Payment.
1.2 FORMAT
A. The Application and Certificate for Payment including the Worksheet is the required
format for submitting invoices. A copy of these forms are included in this section.
Also, the Contractor's Affidavit of Payment of Debits And Claims form used for final
payment is included. The Owner reserves the right to modify the format to better suit
his internal accounting system.
1.3 PREPARATION OF APPLICATIONS
A. The Contractor is required to adhere to the following procedure for filling-out the
Application for Payment form.
1. Present required information in typewritten form.
2. List Contractor's schedule of values on the Application for Payment form
identifying the progress, retention, and payment amounts for each item as
indicated on the form.
3. List each authorized Change Order on the form, including change order
number, date, change in dollar amount, and change in time amount, etc. as
required.
4. Execute certification by notarized signature of authorized officer.
5. Attach to the Application for Payment, a completed and properly executed
Affidavit and Partial Release of Lien form also contained in this section.
1.4 SUBMITTAL PROCEDURES
A. Initial Payment Application:
The following documentation must be submitted prior to processing the initial
payment application:
1. Approved schedule of values
2. Approved construction schedule
04/05/02
APPLICA TION FOR PAYMENT
01027-1
3. Approved submittal schedule
B. 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.
C. Submit an updated construction and submittal schedule and a partial release of lien
with each Application for Payment.
D. Payment Period: Submit once per month, during the last week of the month. Payment
will be made by the Owner approximately 30 days after receipt of completed
documentation.
E. Submit one (1) copy of each Application for Payment.
1.5 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.
1.6 FINAL PAY REQUEST
A. When the work has been completed, the Contractor shall; submit a final application
for payment, execute a Final Release of Lien and an Affidavit declaring that all bills
have been paid in full, submit Consent of Surety to Final Payment form and submit the
Contractor's Affidavit Of Payment Of Debts And Claims form as contained in this
Section.
B. These documents will be furnished to the Owner on a form similar to those supplied.
04/05/02
APPLICATION FOR PAYMENT
01027-2
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01027-3
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04/05/02
01027-4
APPLICA nON FOR PAYMENT
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 oflabor, 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 ofthe 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 oflabor, 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
04/05/02
APPLICATION FOR PAYMENT
01027-5
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 oflabor
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:
04/05/02
APPLICA nON FOR PAYMENT
01027-6
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
(Address)
TO: (Owner)
CONTRACTOR:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,
the (here insert name and address of Surety Company)
, SURETY COMPANY, on bond of
(here insert name and address of Contractor)
CONTRACTOR, hereby approves ofthe final payment to the Contractor, and agrees that final payment to the
Contractor shall not relieve the Surety Company of any of its obligation to
(here insert name and address of Owner)
OWNER, as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
20
day of
Surety Company
Signature of Authorized Representative
Title
04/05/02
APPLICA nON FOR PAYMENT
01027-7
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND
CLAIMS
TO OWNER:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
PROJECT:
(Name and address)
State of:
County of:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document
A2o. I, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all
materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance of the Contract
referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS: (If none, write "None". Ifrequired by the Owner, the Contractor shall furnish bond satisfactory to the
Owner for each exception).
SUPPORTING DOCUMENTS A TT ACHED
HERETO:
CONTRACTOR:
I.
Consent of Surety to Final Payment.
Whenever Surety is involved, Consent of
Surety is required. AlA DOCUMENT
070.7, CONSENT OF SURETY, may be
used for this purpose. Indicate
attachmcnt: yes ( )no (
Address:
By:
The following supporting documcnts should be
attached hereto if required by the Owner:
I.
Subscribed and sworn to before me this
day of , 20._.
Contractot's Release or Waiver of Liens,
conditional upon receipt of final payment.
2.
Separatc Releases or Waivers of Liens
from Subcontractors and material and
equipment suppliers, to the extent required
by the Owner, accompanied by a list
thereof.
Notary Public:
3.
Contractor's Affidavit or Release of Liens
(AlA DOCUMENT G7o.6A).
My Conunission Expires:
04/05/02
01027-8
APPLICA nON FOR PAYMENT
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
TO OWNER:
(Name and address)
TO CONTRACTOR:
(Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the 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 accordancc with the Contract Documents.
ARCHITECT
BY
DATE
The Contractor will complete or correct the Work on the list of items attached hereto within the abovc date of
Substantial Completion.
CONTRACTOR
BY
DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full
possession thetcof at (time), on
(date).
OWNER
BY
DATE
The responsibilities of the Owner and thc Contractor for security, maintcnance, heat, utilities, damage to the Work
and insurance shall bc
as follows:
Note - Owners and Cnntractors legal and insurance counsel should determine and review insurance requirements
and coveraJ(e.
04/05/02
01027-9
APPLICA nON FOR PAYMENT
END OF SECTION 01027
04/05/02
APPLlCA nON FOR PAYMENT
01027-10
SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Submit to the County Engineer, submittal schedule, shop drawings,
product data, certifications and samples required by the Technical Specifications.
B. Related Sections:
1. Individual submittals required: refer to each specific section, for certifications,
shop drawings, product data and sample requirements.
C. The Contractor shall allow a minimum of (1) week for review of submittal by the
County Engineer (in calendar days).
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within seven (7) days of award of the Contract a
preliminary "Submittal Schedule" to the County Engineer 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:
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., sample, test data, shop drawing, etc.).
B. The Contractor shall also supply the following dates in order to meet the project
schedule.
1. Date submittal is scheduled to be submitted and received by the County
Engineer.
2. Date Contractor has scheduled to order material or other equipment or the
submittal item.
3. Date Contractor has scheduled delivery to job-site of material or equipment or
the submittal item.
4. Add any remarks or unique items that the County Engineer should be aware of.
04/05/02
SUBMITTALS
01301-1
C. The Contractor shall allow a minimum of one (1) week for review of submittal by the
County Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within the process.
1.3 SHOP DRAWINGS
A. Submit legible shop drawings in the form of positive printing reproducible
transparencies, commonly called sepia prints, suitable for reproduction use on dry
print diazo type machines. Sepia prints which cannot be reproduced will be returned
to the Contractor for resubmittal.
B. Provide shop drawings as complete 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.
C. Do not reproduce the Contract Drawings for shop drawing submittals.
D. Sheet sizes shall not exceed the size of the Contract Drawings.
E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps
of the County Engineer and the Contractor.
F. Each sepia print shall carry the following information:
1. Project name and contract number.
2. Date.
3. Names of:
a. The County Engineer
b. The Contractor
c. Supplier
d. 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. Applicable standards such as ASTM or Federal Specification.
04/05/02
SUBMITTALS
01301-2
9. Identification of deviations from Contract Documents.
10. Reference to construction drawings by drawing number and/or detail number.
G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes.
H. The Contractor shall submit (1) reproducible and (1) copy to the County Engineer.
The County Engineer will return (1) copy to the Contractor.
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets may be
submitted in lieu of sepia prints if adequately identified. Submit two copies of product
data to the County Engineer.
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. Product data sheets that are submitted with extraneous information not deleted and/or
modified will be returned without review to the Contractor for resubmittal.
D. The Contractor shall submit at a minimum, (1) original and (1) copy to the County
Engineer. The County Engineer will return (1) copy 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. The Contractor shall submit (2) samples to the County Engineer, and (1) will be
returned to the Contractor after review.
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 (1) original and (1) copies to the County Engineer. The
County Engineer will return (1) sets to the Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
04/05/02
SUBMITTALS
01301-3
A. Before making submittals to the County 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
County Engineer for review. Return submittals not meeting Contract requirements to
subcontractors and do not forward such submittals to the County Engineer.
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 County Engineer in writing of
deviations in submittals from the requirements of the Contract Documents.
E. After the County Engineer'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
County Engineer's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not relieved
by the County Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of the
Contract Documents is not relieved by the County Engineer's review of submittals
unless the County Engineer gives written acceptance of specific deviations.
1.8 THE ENGINEER'S RESPONSIBILITIES
A. The County Engineer 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 County Engineer will make changes or notations directly on the submittal,
identify such review with his review stamp, and return the submittal to the Contractor.
C. The County 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.
D. The County Engineer will forward submittals to the Contractor and retain one copy for
the Owner. The Contractor shall distribute copies including other copies distributed to
suppliers and fabricators. The Contractor shall supply copies of reviewed submittals
to the County's Inspector in sufficient quantity to allow proper coordination of the
Contract.
END OF SECTION 01301
04/05/02
SUBMITTALS
01301-4
SECTION 01400
ENVIRONMENTAL PROTECTION
PART 1 - GENERAL
1.1 SCOPE
The scope of this Section consist of providing and maintaining environmental protection during all
phases of the roadway construction and the compliance of operations with all Federal, State, and local
regulations and permit requirements pertaining to the prevention and control of pollution.
1.2 ENVIRONMENTAL PROTECTION PLAN
The Contractor shall be responsible for the preparation and submission of an environmental
protection plan. After the contract is awarded and prior to commencement of any work, the
Contractor shall meet with the County Engineer, or his representative, and discuss the proposed
environmental protection plan. The meeting shall develop mutual understanding relative to details of
environmental protection, including the Contractor's plan for erosion and turbidity control, plan for
the stock piling and disposal of excavated material, required reports and measures to be taken should
the Contractor fail to provide protection in adequate and timely manner. The Contractor shall submit
for approval the proposed environmental protection plan not more than 14 days after the meeting. In
case of repeated failures on the part of the Contractor to comply with the environmental protection
plan or control pollution, the right is reserved to the County Engineer to employ outside assistance to
provide the necessary corrective measures. Such incurred cost, plus engineering costs, will be charged
to the Contractor and appropriate deductions made from the Contractor's Final Payment.
1.3 APPLICABLE PUBLICATIONS
In order to prevent and to provide control of any environmental pollution arising from the
construction activities in the performance of this contract, the Contractor shall comply with all
applicable Federal, State, and local laws and regulations concerning environmental pollution control
and all applicable provisions of the Corps of Engineers Manual, EM 385-1-1, entitled "General Safety
Requirements", in effect on the date of solicitation, as well as the specification, including the permit
requirements of all regulatory agencies.
1.4 PROTECTION of WATER RESOURCES
It is intended that the natural resources outside the limits of permanent work performed under the
contract be preserved in their existing condition. The Contractor shall confine all activities to areas
defined by the drawings and/or contract documents. The Contractor shall not discharge or permit the
discharge into waters of any fuels, oils, bitumen, garbage, sewage, or other materials that may be
detrimental to outdoor recreation. All work shall be performed in such a manner that objectionable
conditions will not be created in waters through or adjacent to the project area. If a violation is noted
during construction, all work shall cease until the condition is corrected by the Contractor.
04/05/02
ENVIRONMENTAL PROTECTION
01400-1
The Contractor shall exercise extreme care to minimize degradation of the water quality at the site.
All necessary provisions shall be take to ensure compliance with the water quality standards of the
State of Florida. Attention is called to Chapter 62-302, Florida Administrative Code and in particular,
the requirements that turbidity shall not exceed 29 Nephelometric Turbidity Unit's (NTU's) above
background level and also shall not degrade existing ambient water quality. Adequate silt
containment procedures and equipment shall be used as necessary to control turbidity within State
standards.
When required by any government agency, the Contractor shall make water quality measurements and
submit results to the Agency and County Engineer to assure construction operations are in
compliance with the standards of 62-302, F.A.C. All water quality measurements shall confirm to the
test methods specified in Chapter 40, Part 136 of the Code of Federal Regulations.
1.5 TURBIDITY CONTROL
The Contractor shall employ adequate silt containment equipment and/or procedures during
excavation and construction to control turbidity of the adjacent waters to within the limits required by
Federal, State and local laws and/or permit requirements.
The Contractor shall furnish all labor and materials and perform all operations necessary for the
installation and maintenance of a silt barrier around the area of construction including the removal of
the barrier upon completion of the project.
1.6 FISH & WILDLIFE RESOURCES
The Contractor shall at all times perform all work and take such steps required to prevent any
interference or disturbance to fish and wildlife. The Contractor shall not be permitted to significantly
disturb native habitat adjacent to the project area that are critical to fish and wildlife except as may be
indicated or specified.
1.7 PROTECTION OF LAND RESOURCES
It is intended that the natural resources outside the limits of permanent work be performed be
preserved in their existing condition or be restored to an equivalent or approved condition upon
completion of the work. The Contractor shall confine his construction activities to areas defined by
the drawings and contract documents.
Except in areas indicated to be cleared, the Contractor shall not remove, cut, deface, injure, or
destroy trees, shrubs, or other plant life without special permission. No ropes, cables or guys shall be
fastened or attached to existing trees or shrubs.
All landscape features scarred or damaged by the Contractor's equipment or operations shall be
restored to their original condition of the Contractor's expense. The County Engineer shall approve
the proposed restoration plan prior to its initiation.
04/05/02
ENVIRONMENTAL PROTECTION
01400-2
1.8 USE OF EXPLOSIVES
No blasting of nay kind shall be done and the storage of any explosives on the job site will not be
allowed.
END OF SECTION 01400
04/05/02
ENVIRONMENTAL PROTECTION
01400-3
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
1.2 WATER CONTROL
A. Site Grading 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 if necessary.
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction operations.
B. Provide positive means to prevent airborne dust from dispersing into atmosphere.
1.4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts and
fills, from borrow and waste disposal areas. Prevent erosion and sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow.
D. Construct fill and waste areas by selective placement to avoid erosive surface silts or
clays.
E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply
corrective measures.
02/13/02
TEMPORARY CONTROLS
01560-1
F. Turbidity barriers to contain turbidity that may occur as the result of
dredging, filling, or other construction activities which may cause turbidity to
occur in the waters of the State.
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
02/13/02
TEMPORARY CONTROLS
01560-2
SECTION 01595
CONSTRUCTION CLEANING
PART 1- GENERAL
1.1 SUMMARY
A. Section includes: 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 bum or bury rubbish and waste materials on Project Site.
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.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on-site containers for the collection of waste materials, debris, and rubbish.
C. Dispose of waste materials, debris and rubbish off the site.
D. Trash containers shall be provided by Contractor and located in trash accumulation
areas designated by the County Engineer. 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 to be removed by the receiving 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 the County Engineer.
END OF SECTION 01595
04/05/02
CONSTRUCTION CLEANING
01595-1
SECTION 01630
POST-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: 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.
04/05/02
POST -BID SUBSTITUTIONS
01630-1
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 the County Engineer 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 the County
Engineer.
F. County Engineer 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.
04/05/02
POST -BID SUBSTITUTIONS
01630-2
5. Complete cost data is attached and includes related costs under the Contract,
but not:
a. Costs under separate contracts.
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.
04/05/02
POST -BID SUBSTITUTIONS
01630-3
POST-BID SUBSTITUTIONS FORM
To: County Engineer
1100 Simonton Street, Room 2-215
Key West, Fl. 33040
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 Drawing and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiation 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.
04/05/02
POST -BID SUBSTITUTIONS
01630-4
F or use by the County Engineer:
_ Approved _ Not Approved _ Approved as noted
Insufficient data received
By
Date
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 _ Ifno, 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:
04/05/02
POST -BID SUBSTITUTIONS
01630-5
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 SECTION 01630
04/05/02
POST -BID SUBSTITUTIONS
01630-6
Technical Specifications
Section 02209 Re-grading Roadway Shoulders
Section 02220 Excavation and Backfill
Section 02507 Prime & Tack Coats
Section 02513 Type S-III Asphaltic Surface,
Leveling and Base Course
Section 02580 Pavement Markings
Section 02951 Tree Trimming and Invasive
Exotic Removal
Section 10425 Traffic Sign Specification
SECTION 02209
RE-GRADING ROADWAY SHOULDERS
PART 1- GENERAL
1.1 WORK INCLUDED
A. The Work specified in this Section consists of the re-grading of roadway shoulders.
The Work shall be done in accordance with these specifications and in conformity
with the lines, grades, notes and typical roadway section included in this project
manual. Where required by field conditions, additionallimerock, pea rock and/or sand
shall be imported for re-grading the shoulders. The shoulders shall be re-graded with
the same material as existed before work began.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Source: It is anticipated that existing material from the cut and fill operations be used,
however should additional material be required it shall be crushed locallimerock.
However, the limerock shall be covered with 1/2" pea rock or sand if the existing
material is pea rock or sand.
B. Composition: The limerock material shall contain not less than 70 percent of
carbonates of calcium and magnesium and not more than 0.5 percent of organic
material or objectionable matter and shall show no significant tendency to air slake or
undergo any chemical change under exposure to weather. The maximum percentage of
water sensitive clay material shall be 3.
C. Gradation: Maximum size of the limerock shall be 1-3/4" inches, of which at least 75
percent (by weight) of the material shall pass a 1 l/2-inch sieve and the material shall
be graded uniformly down to dust. The fine material shall consist entirely of dust of
fracture. All crushing or breaking up which might be necessary in order to meet such
size requirements shall be done before the material is placed on the shoulder.
D. Quality: The limerock material shall be uniform in quality and shall not contain
cherty or other extremely hard pieces or lumps in sufficient quantity to prevent
bonding or the obtaining of a smooth surface free from excessive pits and pockets.
The limerock material shall be non-plastic, and the liquid limit shall not exceed 35.
3.1 GENERAL
A. Equipment: All equipment necessary for the proper re-grading of the shoulders shall
be on the project and in first-class working condition.
B. Limits of Construction: The Contractor shall re-grade the shoulders to the limits
shown on the typical roadway section included in this project manual.
RE-GRADING ROADWAY SHOULDERS
02209-1
04/05/02
3.2 PREPARATION
A. Clearing and Grubbing:
1. Clearing and grubbing shall consist of the complete removal and disposal of all
trees, brush, stumps, roots, grass, weeds, rubbish and all other obstructions
resting on or protruding through the surface of the existing ground.
2. Clearing and grubbing shall be accomplished as required in areas of new
roadway construction and re-grading of roadway shoulders.
3. Where excavation is done for roadway construction, all stumps, roots, etc.,
protruding through or appearing on the surface shall be removed to a depth of
not less than 2-feet below the completed surface.
4. Areas of shoulder re-grading shall be stripped of stumps, roots, and other
debris projecting through or appearing on the surface to a depth of 4-inches.
5. All cleared areas shall be treated with herbicide to prevent re-growth.
6. As an exception to the above provisions, where so directed by the County
Engineer, desirable trees shall be trimmed, protected and left standing.
7. Removal of existing pavement as indicated.
8. Turbidity barriers must be used in areas of environmental concern to
prevent any materials in any form from compromising these areas.
B. Removals: Complete all removals prior to filling and/or placement of asphalt base.
Pavement shall be saw cut to true lines at limits of removal, and the remaining work
shall remain undisturbed during removal work.
C. Debris Disposal: All clearing and grubbing debris and any other debris generated by
the construction work shall be removed from the project site and disposed of by the
Contractor.
3.3 PERFORMANCE
A. Transporting Material: The material shall be transported to and dumped on the
shoulder at the point where it is to be used. No dumping on the asphaltic surface shall
be done.
B. Spreading: The material shall be spread uniformly and grading performed in a manner
that no damage to the asphaltic surface shall be done.
C. Compacting: The re-graded areas of the roadway shoulders shall be compacted
sufficiently to assure that no rutting or other distortion will occur when driven on by
normal vehicular traffic.
04/05/02
RE-GRADING ROADWAY SHOULDERS
02209-2
D. Density Tests: None required.
END OF SECTION 02209
04/05/02
RE-GRADING ROADWAY SHOULDERS
02209-3
SECTION 02220
EXCA V A TION AND BACK-FILL
PART 1- GENERAL
1.1 WORK INCLUDED
A. The work included under this Section consists of using turbidity barriers where
required, clearing, excavating, back-filling, grading and compacting the existing
surface required for the construction of the project as shown on the Drawings and as
specified herein. The County Biologist must be contacted before any vegetation is
removed.
B. Definitions:
1. Maximum Density: Maximum weight in pounds per cubic foot of a specific
material.
2. Optimum Moisture: Percentage of water in a specific material at maximum
density.
3. Rock Excavation: Excavation of any hard natural substance which requires the
use of explosives and/or special impact tools such as jack hammers, sledges,
chisels or similar devices specifically designed for the use in cutting or
breaking rock, but exclusive of trench excavating machinery.
C. Plan for Excavation: The Contractor shall be responsible for having determined to his
satisfaction, prior to the submission of his bid, the conformation of the ground, the
character and quality of the substrata, the types and quantities of materials to be
encountered, the nature of the groundwater conditions, the prosecution of the work,
the general and local conditions and all other matters which can in any way affect the
work under this Contract. Prior to commencing the excavation, the Contractor shall
submit a plan of his proposed operations to the County Engineer for approval. The
Contractor shall consider, and his plan for excavation shall reflect the equipment and
methods to be employed in the excavation. The prices established in the Proposal for
the work to be done will reflect all costs pertaining to the work. No claims for extras
based on substrata or groundwater table conditions will be allowed.
1.2 QUALITY ASSURANCE
A. Test borings made on the site are available upon request and are for the Contractor's
information only. No testing of the back filling and base for the roadway is required.
1.3 JOB CONDITIONS
A. If, in the opinion of the County Engineer, the existing surface has not been adequately
cleared, excavated, back filled, graded, or compacted, the Contractor will be required
04/05/02
EXCA V A TION AND BACKFILL
02220-1
to rework the specific area in question to the satisfaction of the County Engineer at no
additional cost.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Suitable: Suitable materials for backfill shall be classified as A-l, A-3 or A-2-4 in
accordance with AASHTO Designation M 145 and shall be free from vegetation,
organic material, marl, silt or muck. The Contractor shall provide all necessary
borrow material to complete the work to the lines and grades indicated.
B. Suitable Material to be Placed in Water: Suitable material for fills to be placed in
water shall be classified as A-lor A-3 in accordance with AASHTO Designation
M-145.
C. Unsuitable: Unsuitable materials are classified as A-2-5, A-2-6, A-2-7, A-4, A-5, A-6,
A-7 and A-8 in accordance with AASHTO Designation M-145.
D. Graded Limerock: Material for backfill below precast structures shall be 3/4-inch
graded limerock equal to FDOT Sec.90l, Grade 6.
E. Select Material: Select material shall be suitable material that does not contain any
rock larger than will pass a 3-inch diameter ring.
PART 3 - EXECUTION
3.1 PERFORMANCE
A. Turbidity Barriers:
1. The contractor will be responsible for ensuring that turbidity barriers
are utilized to keep waters or environmental sensitive areas from being
compromised by work performed.
B. Excavation:
1. The Contractor shall perform all excavation of every description and of
whatever substances encountered to the dimensions required for construction
and as specified herein. All excavations shall be made by open cut.
2. Walls of the excavation shall be kept vertical and, if required to protect the
safety of workmen, the general public, this or other work or structures, or
excavation walls, the excavation shall be properly sheeted and braced.
Materials encountered in the excavation which have a tendency to slough or
flow into the excavation, undermine the banks, weaken the overlying strata, or
are otherwise rendered unstable by the excavation operation shall be retained
by sheeting, stabilization, grouting or other approved methods. Excavation for
precast or prefabricated structures will not be required to be de-watered.
04/05/02
EXCAVATION AND BACKFILL
02220-2
3. Footings: Cast-in-place concrete footing sides shall be formed immediately
after excavation. Forming for the footing sided is specified elsewhere.
C. De-watering (when required): Any water which accumulates in the excavations shall
be removed promptly by well point system or by other means satisfactory to the
County Engineer in such a manner as to not create a nuisance to adjacent property or
public thoroughfare. Pumps and engines for well point systems shall be operated with
mufflers and at a minimum noise level suitable to a residential area. The Contractor
shall be responsible for any nuisance created due to the disposal of water from his
drainage system.
D. Stockpiled Materials: Materials removed from the excavation shall be stored and
disposed of in a manner which will not interfere with traffic at the site. Material
suitable for backfill not needed for backfill at the structure, but needed elsewhere shall
be stockpiled until moved and used elsewhere. Material unsuitable for use in backfill
shall become the property of the Contractor and shall be removed and disposed of by
the Contractor at the Contractor's expense immediately after backfill is placed.
E. Backfill:
1. Remainder of Backfill: Selected material from the excavation shall be used for
back filling around the structure. Trash shall not be allowed to accumulate in
spaces to be back filled. Backfill around the structure shall be placed in
uniform layers to the level of the water table. Above the water table, backfill
material shall be placed in 8-inch layers and compacted to minimum of95
percent of maximum density as determined by AASHTO Designation Tl80.
Back filling shall be carried to the finished grades as shown on the Drawings.
END OF SECTION 02220
04/05/02
EXCA V A nON AND BACKFILL
02220-3
SECTION 02507
PRIME AND TACK COATS
P ART 1 - GENERAL
1.1 WORK INCLUDED
A. The work included in this Section consists of an application of bituminous material on
previously prepared base in accordance with these Specifications and in conformity
with the line, grades, dimensions and notes shown on the Drawings.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Prime Coat: The material used for the prime coat shall be one of the following:
(1) Cutback asphalt, Grade RC-70 or RC-250 shall meet the requirements of
AASHTO Specifications M8l except that the penetration range shall be
from 60-120.
(2) Emulsified Asphalt SS-l or CSS-l, SS-lH diluted in equal proportions
with water and shall meet the requirements of AASHTO Specification
M208.
(3) Emulsified Asphalt, grades AE-60, AE-90, AE-150 or AE-200 shall meet
the requirements of AASHTO Specification M140.
B. Tack Coat: The material used for the tack coat shall be one of the following:
(1) Emulsified Asphalt Grades SS-l, CSS-l or AE-60, AE-90, AE-150 or 200
shall meet the requirements of AASHTO M140 or M200.
(2) Emulsified Asphalt, grade RS-2 or CRS-2 shall meet the requirements
of AASHTO Specification M208.
2.2 EQUIPMENT
A. The pressure distributor used for placing the tack or prime coat shall be equipped with
pneumatic tires having sufficient width of rubber in contact with the road surface to
avoid breaking the bond of or forming a rut in the surface. The distance between the
centers of openings of the outside nozzles of the spray bar shall be equal to the width
of the application required, within an allowable variation of2-inches. The outside
nozzle at each end of the spray bar shall have an area of opening of not less than 25
percent, nor more than 75 percent in excess of the other nozzles which shall have
uniform openings. When the application covers less than the full width, the normal
04/05/02
PRIME AND TACK COATS
02507-1
opening of the end nozzle at the junction line may remain the same as those of the
interior nozzle.
PART 3 - EXECUTION
3.1 PREPARATION
A. Before applying any bituminous material, all loose material, dust, dirt, and foreign
material, which might prevent proper bonding with the existing surface, shall be
removed. Particular care shall be taken to clean the outer edges of the strip to be
treated in order to insure that the prime or tack coat will adhere.
B. When the prime or tack coat is applied adjacent to curb and gutter, or any other
concrete surface (except where they are to be covered with a bituminous wearing
course) such concrete surfaces shall be protected by heavy paper or other protective
material while the prime or tack coat is being applied. Any bituminous material
deposited on such air temperature is less than 500F in the shade, or when the weather
conditions or the condition of the existing surface is unsuitable. In no case shall
bituminous material be applied while rain is falling or when there is water on the
surface to be covered.
3.3 APPLICATION OF PRIME COAT
A. After the base has been finished, the full width of surface shall be swept with a power
broom supplemented with hand coat. Care shall be taken to remove loose dust, dirt
and objectionable matter. If deemed necessary, the base shall be lightly sprinkled with
water immediately in advance of the prime coat.
B. The temperature of the prime material shall be such as to insure uniform distribution.
The material shall be applied with a pressure distributor as specified above. The
amount to be applied shall be sufficient to coat the surface thoroughly and uniformly
without any excess to form pools or to flow off the base. For limerock base, the rate
of application shall not be less than 0.10 gallons per square yard.
C. If the roadway is to be opened for use following the application of the prime material,
a light uniform application of clean sand shall be applied and rolled. The sand shall be
non-plastic, shall be free from silt and rock particles and shall not contain any sticks,
vegetation, grass, roots or organic matter. After the sand covering has been applied,
the surface may be opened to traffic.
3.4 APPLICATION OF TACK COAT
A. In general, a tack coat will not be used on primed bases or between leveling and
surface course except in areas which have become excessively dirty and cannot be
cleaned or where the prime has cured and lost all of its bonding effect, or as directed
by the County Engineer.
B. No tack coat shall be applied until the surface has been cleaned and is free from sand,
dust or other objectionable material.
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PRIME AND TACK COATS
02507-2
C. The tack coat shall be applied with a pressure distributor as specified above. It shall
be heated to a suitable consistency and applied in a thin uniform layer at the rate of
between 0.02 gallons and 0.08 gallons per square yard.
D. The tack coat shall be applied sufficiently in advance of the laying of the asphaltic
concrete to permit drying, but shall not be applied so far in advance or over such an
area as to lose its adhesiveness as a result of being covered with dust or other foreign
material. Suitable precautions shall be taken by the Contractor to protect the surface
while the tack coat is drying and until the wearing surface is applied.
E. Tack coat in quantities prescribed by 3.4(C) above shall be applied prior to the
application of any asphaltic concrete leveling course.
END OF SECTION 02507
PRIME AND TACK COATS
02507-3
04/05/02
SECTION 02513
TYPE S-III ASPHALTIC SURFACE, LEVELING AND BASE COURSE
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The work specified in this section consists of the construction of an asphaltic concrete
base course, asphaltic concrete leveling course, asphaltic concrete surface course in
accordance with the specifications and in conformity with the line, grades, widths, and
thickness indicated in contract documents. Unless otherwise indicated on the
Drawings, the Contractor shall use Type S-III asphaltic concrete.
1.2 QUALITY ASSURANCE
A. Construction of an asphaltic concrete base course, leveling course and surface course
shall be in accordance with the latest version of Standard Specifications for Road and
Bridge Construction, of the Florida Department of Transportation.
B. The F.D.O.T. specifications are hereby made a part of the Contract to the extent they
are applicable thereto and shall be binding upon the Contract as though reproduced
herein in their entirety.
C. Laboratory analysis by a Certified Testing Laboratory on all materials shall be
complete prior to placement. The result of the laboratory analysis shall be submitted
to the County Engineer upon request.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Bituminous Material: Asphalt cement, Viscosity Grade AC-20 or AC-30, shall
conform with the requirements ofF.D.O.T. Specifications, Section 916-1.
B. Coarse Aggregate: Coarse aggregate, stone or slag shall conform with the
requirements of F.D. O. T. Specifications, Section 901.
C. Fine Aggregate: Fine aggregate shall conform with the requirements ofF.D.O.T.
Specifications, Section 902 and 332-2.2.3.
D. Mineral Filler: Mineral filler shall conform with the requirements ofF.D.O.T.
Specifications, Section 917.
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-1
2.2 GENERAL COMPOSITION OF MIXTURE:
A. The bituminous mixture shall be composed of a combination of aggregate (coarse,
fine, or mixtures thereof), mineral filler, if required, and bituminous material. The
several aggregate fractions shall be sized, uniformly graded and combined in such
proportions that the resulting mixture will meet the grading and physical properties of
the approved job mix formula. The composition of mixture will conform to
F.D.O.T. Specifications in Sections 333-3.2, 333-3.3, 333-3.3, 333-3.4,
333-3.5.
B. In all cases, the job mix formula shall be within the design ranges specified in the
following table.
Gradation Design Range Percent by Weight Passing
Sieve Size
1/2-inch
3/8-inch
No.4
No. 10
No. 40
No. 80
No. 200
(12.5 mm)
( 9.5 mm)
( 4.75mm)
( 2.0 mm)
(425 Jlffi)
( 180 Jlffi )
(75 ~m )
Gradation Design Range
% by Weight Passing Type S-III
100
88-100
60-90
40-70
20-45
10-30
2-6
C. Proportions of silica sand and local materials shall be not more than 25 percent by
weight of total aggregate. Local materials shall conform with all requirements of
Section 902-6.
2.3 FORMULA FOR JOB MIX
A. The job mix formula shall conform to the requirements ofF.D.O.T. Specifications,
Section 331-4.3. In addition, the job mix formula shall include test data showing that
the material as produced meets the requirements of the following table:
Minimum VFA Voids
Marshall Minimum Air Filled with
Mix Stability Flow VMA Voids Asphalt
Type (lbs./kN) (0.01 in./mm) (%) (%) (%)
S-III 1500/6.7 8 - 14/2.0-3.3 15.5 4-6 65-75
The minimum effective asphalt content for Type S-III shall be 5.5 percent.
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-2
PART 3 - EXECUTION
3.1 APPLICATIONS
A. BasketbalVRoller Hockey: 1-1/2" Type S-III
B. Parking Lot Pavement:
1. 1-1/2" Surface course
2. 2" Leveling course
C. Tennis: 1" Type S-III
D. Bike Path:
1. 1-1/2" Type S-III (Leveling and Surface Courses)
2. 2" Asphaltic Concrete Base Course
or
3. 4" Limerock Base
E. Roads: Type S-III as specified on Details and indicated in this Project Manual.
3.2 APPLICATION OF ASPHALTIC CONCRETE BASE COURSE
A. The area in which the construction is to take place and where the asphaltic base course
is to be placed shall be excavated to the depth and dimensions indicated in Appendix
C. The underlying soil shall be compacted to the approximate density of the
surrounding soil and primed.
B. The asphaltic base course material shall be placed with a mechanical spreading and
finishing machine to the thickness indicated in this project manual and as shown in
Appendix B. Prior to the placing, the County Engineer may require motor grader
leveling. A motor grader may be used in spreading the first course of multiple course
bases where the sub-grade will not support the use of a mechanical spreader.
C. It is the intent that the base course be placed separately from the surface course.
D. Layer thickness for base course construction shall be no more than three inches on
each pass.
E. The compaction of base courses may be achieved using a steel roller, or a pneumatic
tired roller that will effectively exert a compaction effort. The Contractor shall specify
what equipment will be used. This must be approved by the County Engineer prior to
the start of work.
F. For the asphalt base course placed on a soil sub-grade, there will be no density
determinations made.
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-3
G. The completed asphalt base course shall be contiguous to and level with the existing
asphaltic pavement. The Contractor is reminded that while a representative slope from
the centerline is not required, a measurable pitch in the road is required to assure
adequate drainage.
3.3 APPLICATION OF ASPHALTIC CONCRETE LEVELING COURSE
A. Requirements:
1. Requirements consist of the application of Type S- III asphaltic concrete to
provide for leveling as shown on the Plans.
2. Where dips, bumps, surface irregularities, and etc. exist, they shall be filled
with an asphalt leveling course to provide a smooth, uniform, and level
surface, (See Section 3.8A, herein for surface requirements). A site visit by the
Contractor prior to bid is vital to determine how much "additional leveling" is
needed. This additional asphalt should be included in the bid item for Asphalt
Concrete Leveling Course. It is not the intent of the plans to identify any or all
areas where additional leveling may be needed.
3. After a thorough brooming, a tack coat in quantities of .02 gallons to .08
gallons per square yard shall be applied to the existing pavement prior to the
application of the leveling course. If a surfacing course is not applied over the
leveling course the same day, a tack coat within the quantities above shall be
applied to the leveling course prior to application of the surfacing course.
4. Spreading: Spreading shall conform to the applicable provisions ofF.D.O.T.
Specifications, Section 330-9.3.
5. Normally, streets have an elevated centerline to insure adequate drainage.
Specific percentages of cross slope are not required, however, it is the intent
that the application of the leveling course will, (a) follow existing cross slope,
or (b) where none exists, provide sufficient cross slope to insure adequate
drainage.
6. The centerline of a roadway shall be an equal distance from each edge of new
pavement.
3.4 APPLICATION OF ASPHALTIC CONCRETE SURFACE COURSE
A. Requirements:
1. The surface course requirements consist of the application of compacted Type
S-III asphaltic concrete to provide for surfacing as shown in the Plans.
2. After a thorough motorized brooming, a tack coat in quantities of .02 gallons to
.08 gallons per square yard shall be applied to the base prior to the application
of the surfacing course.
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-4
3. Spreading: Spreading shall conform to the applicable provisions ofF.D.O.T.
Specifications, Section 330-9.2. The surface course shall be completed in one
pass. The longitudinal joint, if required due to the width of the pavement, will
be at the center of the total proposed paving width, not offset.
4. Other items, such as materials, mixing, transporting, rolling, joints, etc. shall
be as specified by other paragraphs of this section.
5. In cases where only a surface is required on top of a limerock base course, the
contractor shall install a compacted asphaltic surface course that has a
minimum of 1-1/2".
3.5 TRANSPORTATION OF MIXTURE
A. The mixture shall be transported in tight vehicles cleaned of all foreign
material &, if necessary, each load shall be covered with a waterproof canvas
cover of sufficient dimensions to protect it from weather conditions. The
inside surface of the truck may be thinly coated with a soapy water, or a
mixture of water with not more than 5 percent oflubricating oil, but no excess
of either shall be used. After the trucks are coated and before any mixture is
placed therein, they shall be raised so that all excess water will drain out.
Kerosene, gasoline or similar products shall not be used to prevent adhesion.
3.6 LIMITATIONS FOR SPREADING
A. The mixture shall be spread only when the surface is properly prepared and is intact,
firm, cured and dry. No mixture shall be spread when the air temperature is less than
400 F, nor when the spreading cannot be finished and compacted during the daylight
hours. The temperature of the mix at the time of spreading shall not be less than 2300
F.
3.7 PLACING MIXTURE
A. The mixture shall be placed in accordance with the requirements ofF.D.O.T.
Specifications, Section 330-9.
B. Thickness oflayers for Type S-III asphaltic concrete construction shall be no more
than 2" (inches) on each pass for surface and leveling courses.
3.8 COMPACTING MIXTURE
A. The mixture shall be compacted in accordance with the requirements ofF.D.O.T.
Spec., Sec. 330-10, except that any portion of the project being constructed as an
asphaltic concrete base shall be compacted as shown in Sec. 280-8.6.
3.9 JOINTS
A. Joints shall conform with the requirements ofF.D.O.T. Specifications, Section 330-11.
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-5
3.10 FIELD QUALITY CONTROL
A. Surface Requirements:
1. F or the purpose of testing the finished surface, a fifteen foot straightedge (large
paved areas), a six foot straightedge (bike path), and a standard template cut to
the true cross-section of the road shall be provided by the Contractor and
available at all times. The Contractor shall provide or designate an employee
whose duty it is to handle the straightedge and template in checking all rolled
surfaces, under the direction of the County Engineer or his representative.
2. The finished surface shall be such that it will not vary more than 1/4-inch from
the template cut to the cross section of the road/path, nor more than 3/16 inch
from the fifteen/six foot straightedge applied parallel to the centerline of the
pavement. If necessary, the Contractor shall provide a fifteen foot rolling
straightedge to demonstrate whether the leveled surface meets the specified
criteria prior to the application of the surface course. Any irregularity
exceeding the above limits shall be corrected. Depressions which may develop
after the initial rolling shall be remedied by loosening or removing the mixture
and adding new material to bring the areas to a true surface. No skin patching
shall be done. Such portions of the completed pavement that are defective in
surface compaction or in composition, or that do not comply with all other
requirements of these specifications, shall be removed and replaced with
suitable mixture, properly laid in accordance with these specifications; all at
the expense of the Contractor.
B. Thickness Requirements: The finished thickness of the compacted asphaltic concrete
surface course shall be no less than that indicated in the contract documents as
determined by the coring. Any surface course found to be less than that thickness
shall be removed and replaced.
C. Protection of Pavement: After the completion of the pavement, no vehicular traffic of
any kind shall be permitted on the pavement until it has set sufficiently to prevent
rutting or other distortion.
END OF SECTION 02513
04/05/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-6
SECTION 02580
PAVEMENT MARKINGS
PART 1- GENERAL
1.1 WORK INCLUDED
A. This Section specifies the furnishing and application of thermoplastic, glass beads, and
reflective pavement markings.
1.2 QUALITY ASSURANCE
A. Thermoplastic, glass beads and reflective pavement markings shall be applied in
accordance with the most recently published edition of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, the 2000
Roadway and Traffic Design Standards and the Florida Manual on Traffic Control and
Safe Practices for Street and Highway Construction.
1.3 SUBMITTALS
A. Submit certificates stating that materials meet Florida Department of Transportation
Specifications Sections 706 and 711.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Thermoplastic: The Thermoplastic compound used shall meet the requirements set of
Section 711 of the 1999 F.D.O.T. Standard Specification for Road and Bridge
Construction.
B. Glass Beads: Glass beads shall meet the requirements of Section 711-6 of the 1999
F.D.O.T. Standard Specification for Road and Bridge Construction.
C. Type 4 Mono-Directional Amber Reflective Pavement Markers: The markers shall
meet the requirements of Section 706-2 of the 1999 F.D.O.T. Standard Specification
for Road and Bridge Construction.
PART 3 - EXECUTION
3.1 APPLICATION
A. Equipment shall conform with F.D.O.T. Standard Specification for Road and Bridge
Construction Section 711-4.
B. Dimensions and alignment tolerances shall conform with F.D.O.T. Standard
Specifications Section 711-5 and 710-5.
04/05/02
PAVEMENT MARKINGS
02580-1
C. Application of thermoplastic compound and glass beads for traffic striping, arrows,
messages, and markings shall conform with F.D.O.T. Standard Specification Section
711.
D. Application of reflective pavement markers shall conform with F.D.O.T. Standard
Specification Section 706.
E. Protection of newly applied thermoplastic, and newly applied markers from traffic
shall conform with F.D.O.T. Standard Specification Sections 710-7 and 711-8.
3.2 PERFORMANCE
A. Temporary Striping of the Centerline ofthe Road and Stop Bars shall be installed after
the leveling course is applied, by the following day. In addition, ifthe surface course
has not started within two (2) weeks, temporary Edge Lines will also be installed over
the leveling course. Temporary Striping of the Centerline ofthe Road, Stop Bars, and
Edge Lines shall then be installed on the surface course. The Striping Contractor shall
be on-site the day the surface course is applied to begin temporary striping layout,
otherwise, the paving operation will be suspended. All temporary striping shall be
completed within one (1) week.
END OF SECTION 02580
PAVEMENT MARKINGS
02580-2
04/05/02
SECTION 02951
TREE TRIMMING AND INVASIVE EXOTIC REMOVAL
PART 1- GENERAL
The work included in this section consists of furnishing all materials, labor and equipment for
the removal or trimming and biologist inspection of numerous Australian Pines, Casuarina
glauca, and Brazilian Pepper, Schinus terrebinthifolia, including the application of herbicides.
There shall be an additional application of herbicides in six months or prior to the completion
of the project for unsuccessful treatments as determined by the Monroe County Biologist or
Monroe County Engineer, or representative thereof. Trimming of all other trees that encroach
over the edge of the proposed pavement is also included in this section. The Scope ofthe
Work is as set forth in the Plans and Specifications. All work in this section shall take place
prior to the commencement of any road work; However trimming of branches that encroach
over the proposed pavement edge may be performed as necessary.
PART 2 - EQUIPMENT
The equipment to be used shall be specifically designed for the manual removal of trees and
the commercial application of herbicides by the "cut stump" method or by foliar spraying.
Equipment shall be kept in good condition at all times and shall meet safety requirements
established for this type of work.
The herbicide sprayer system shall be operated by one person and shall be portable for work.
Garlon 3A (Tricopyr) shall be applied with a chemical resistant quart spray bottle for the "cut
stump" method.
A backpack sprayer similar to the Knack Sprayer with a spray tip similar to the TP 2503 will
be used for foliar spraying at low volume application. The herbicide spray system shall be a
current model under standard production by a manufacturer and must have been in production
and use for at least one year by said manufacturer.
All equipment and herbicides must be approved by the County prior to use.
PART 3 - METHOD OF TREATMENT
The Contractor shall properly use and dispose of all chemicals and herbicides in strict
accordance with applicable local, state and federal environmental regulations and in
accordance with the most recent product labels. The Contractor shall also indemnify the
County for any liabilities from alleged negligence or alleged violations resulting from the
Contractor's handling, use of and disposal of chemicals and herbicides.
Australian Pines and Brazilian Peppers that are to be trimmed and that are two and one half
(2.5) inches or larger in diameter at a height of two feet will be treated by the "cut stump"
method with an application of Garlon 3A (Triclopyr) at full strength, including a dye. The
trees will first be cut as close to ground level as possible. The stump will be wiped clean of all
sawdust and debris in preparation for spraying. No spraying will take place if rain is
imminent within four (4) hours. The application of Garlon 3A must be achieved within fifteen
04/05/02
TREE TRIMMING/REMOV AL
02951-1
(15) minutes after cutting. All treated stumps must be soaked with a mixture of Garlon 3A
and dye to a point just before runoff at the cambrium layer, just inside the bark.
The Backpack Sprayer will be used at a ratio of 1 :20 of Garlon 3A and water. The Sprayer
will be used to spray around the trees as needed. This mixture and procedure will be used on
the sixth month application or prior to the completion of the project.
Smaller trees, those with a diameter of less than two and one half (2.5) inches, will be
completely removed, including the root. The hole will be backfilled with compacted material
similar to the adjacent ground.
In many cases, fences or other objects near the trees prevent total removal of the trees. The
Contractor shall trim or cut back the trees as far as possible, taking care not to damage the
physical objects. Where the trees are next to or near public utilities, due care is to be taken
during the work. The Contractor is advised to consult with the Owner of the effected utility.
Any damage occurring to private property or public utilities is to be corrected by the
Contractor and no additional compensation will be allowed. The Contractor shall replace
non-target trees and other plants that are injured or destroyed due to the Contractor's
negligence in the application of the herbicides. Replacement in kind and size is required at no
further compensation.
PART 4 - INSPECTION
The Contractor is responsible for hiring a Biologist, qualified by Monroe County
Environmental Resources, to inspect and issue a letter to Monroe County Engineering that the
removal and treatment has been completed. Work shall be subject to a final inspection by the
Biologist hired by the Contractor four (4) months after the initial herbicide application or
pnor
to the completion of the project. Areas that are determined to be unacceptable shall be
treated
again by the Contractor. After fmal inspection and re-treatment if necessary are made
according to project manual specifications, the hired Biologist shall issue a letter to Monroe
County Engineering, stating final inspection for removal and treatment are complete.
PART 5 - WORKER SAFETY
To reduce exposure and safety risks to workers, the Contractor shall be required to ensure that
his workers use proper protective clothing and safety equipment. Recommended safety
equipment includes: gloves, glasses, boots, long pants, long sleeve shirt, eye wash bottle,
wash water and soap, first aid kit and specimen label, (Safety Data Sheet).
PART 6 - CONDUCT ON SITE
Herbicide residue shall not be washed onto the ground. Containers shall be brought on site by
the Contractor for the purpose of containing residue and wash water. All refuse that results
from the Contractor's operation shall be disposed of properly by the Contractor.
END OF SECTION 02951
04/05/02
TREE TRIMMING/REMOVAL
02951-2
SECTION 10425
TRAFFIC SIGN SPECIFICATION
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The work specified in this document consists of furnishing, preparing, fabricating, assembling
and installing, relocating and removing traffic signs, object markers, delineators, and posts.
Such work shall be done in accordance with these specifications and in conformity with
F.D.O.T.'s Roadway and Traffic Design Standards (1/00), Index no.'s 11860 & 11865 ,
F.D.O.T.'s Standard Specifications for Road and Bridge Construction section 705, and in the
following:
1. Manual of Uniform Traffic Control Devices for Streets and Highways, published by
the U.S. Department of Transportation.
B. Street name signs that are found to be missing will be provided by Monroe County and
installed by the Contractor. Street name signs will be attached above the stop sign post.
C. Traffic signs and posts are to be furnished and installed by the Contractor as shown on the
drawings. The Contractor is also responsible for removing and relocating signs with new
specified post as shown on the drawings.
D. Object markers and delineators are to be furnished and installed by the Contractor as shown
on the drawings.
PART 2 - PRODUCTS
2.1 MATERIALS
A. SIGN POSTS: The traffic sign posts shall be Steel Flanged Channel Posts, 3 Ib/ft, Type M.
Steel for Flanged Channel Posts shall conform with ASTM A499 Grade 60, or ASTM A570
Grade 1080.
1. Posts shall be installed plumb and a minimum of 3 feet into the ground.
B. SIGNS: Each sign shall be the standard height and width as shown on the Detail Drawings.
C. BOLTS:
1. Bolts, nuts & washers: Bolts shall conform with ASTM A354 Grade DH or SAE J995
Grade 8. Nuts and washers shall conform to ASTM A307.
D. OBJECT MARKERS: Provide OM3-3C Type 3 Object Markers in accordance with Section
3C of the Manual on Uniform Traffic Control Devices, with the following additions:
1. Ensure that sheets and plates for object markers are in 2.0 mm aluminum and conform
to ASTM B 209, Aluminum Association Alloy 6061-T6 or 5052-H38.
2. Obtain the Engineer's approval for object markers' bracket and attachment.
E. DELINEATORS: Use flexible round posts with ground mounting hardware conforming to
F.D.O.T. Standard Specifications for Road and Bridge Construction sections 705-2 and 705-
2.3 surface mounting with mechanical anchor. Use 48" white long delineator with spring
assembly, and 12" white reflective sheeting.
01/23/02
TRAFFIC SIGN SPECIFICA nON
10425-1
2.2 FABRICAnON:
The fabrication shall be of materials and workmanship that will present a pleasing appearance. The
finished posts shall be straight and have a smooth uniform finish free from defects affecting strength,
durability or appearance.
PART 3 - INSTALLAnON:
3.1 UnLInES
Prior to the installation of traffic signs and posts, the Utility Notification Center (S.U.N.S.H.I.N.E.)
shall be contacted at 1-800-432-4770 prior to installation. Evidence of such notice shall be furnished
to the County prior to installation. Notice shall be given to Florida Keys Aqueduct Authority, City
Electric System (or Florida Keys Electric Cooperative), and Bell South Telephone Company, or any
other utility in the area. Installation shall be made in accordance with F.D.O.T. Specification for
single column ground signs. The area of the installation shall be clean and appear as neat as possible
to its original condition. If sod is removed in any appreciable area, it will also be replaced.
3.2 LOCAnON
The traffic signs and posts shall be located at the areas shown on the Plans. The traffic signs and posts
shall be a minimum of 3 feet from the edge of pavement as shown on the Detail Drawings. The
Contractor will trim overgrown trees and brush that obstruct new sign placement.
End of Section
01/23/02
TRAFFIC SIGN SPECIFICA nON
10425-2
Appendix A
SOm
fl
1
DATE:
March II, 2002
DES/DRW
JRG/BBR
PROJECT:
Key Largo Roads XVI
Key Largo Roads XVI
Key Largo
APPENDIX A
Sheet No.
Monroe County, Florida
of~
DATE:
March 11, 2002
DES/DRW
JRG/BBR
PROJECT:
Key Largo Roads XVI
Key Largo Roads XVI
Key Largo
APPENDIX A
Sheet No.
2
Monroe County, Florida
of~
DATE:
March 11, 2002
DES/DRW
JRG/BBR
PROJECT:
Key Largo Roads XVI
Robert Street
Limits of Construction
Key Largo Roads XVI
APPENDIX A
Sheet No.
Key Largo
3
Monroe County, Florida
of~
DATE:
March II, 2002
DESIDRW
JRG/BBR
PROJECT:
Key Largo Roads XVI
,150 m
500 fl
APPENDIX A
Sheet No.
Key Largo Roads XVI
Key Largo
4
Monroe County, Florida
of~
DATE:
March 11, 2002
DESIDRW
JRG/BBR
PROJECT:
Key Largo Roads XVI
Key Largo Roads XVI
Key Largo
APPENDIX A
Sheet No.
5
Monroe County, Florida
of~
Appendix B
DATE:
March 11, 2002
DES/DRW
bbr/jrg
PROJECT:
Key Largo XVI
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APPENDIX B
SHEET NO.
OF
1
6
a..SO.F.
.
~UNTY~ONROE
0.125" MINIMUM
ALUMINUM SIGN
~
4 EACH 5/16" BOLTS AND SS /
STOP HEX NUTS. 1 BEARING PLATE ~ . I
8 EACH WASHERS PER F.D~
ROADWAY AND DESIGN STANDARDS
INDEX NO. 11865
RED OR YELLOW REFLECTIVE
BUTTONS SHALL HAVE A
3" MINIMUM DIAMETER.
~
RED OR YELLOW
REFLECTIVE BACKGROUND
0.125" MINIMUM
ALUMINUM SIGN
SUPPORTS SHALL BE DRIVEN
3' INTO THE GROUND.
STEEL FLANGED CHANNEL POSTS
3 I bitt TYPE M PER F.D.O.T.
ROADWAY AND DESIGN STANDARDS
INDEX NO. 11865
CENTER LINE
OF PAVEMENT
8' CENTER T CENTER
12" CLEAR. POST
TO PAVEMENT
4'
...
l
I_
EDGE OF PAVEMENT LINE
STREET TERMINATION SIGN DETAIL
SCALE: NONE
.~i'
-: ~ I.
'., ~
~UNTY~ONROE
APPENDIX B
SHEET NO.
DATE:
March 11, 2002
DES/DRW
bbr/jrg
PROJECT:
Kcy Largo XVI
Key Largo Roads XVI
Key Largo
Monroe County
2
OF 6
DATE:
March 11, 2002
DES/DRW
bbr/jrg
PROJECT:
Key Largo XVI
I-
LLZ
OW
wiTI
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O<{
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10'
24" WHITE STOPBAR
EXISTING STOP SIGN
TO REMAIN
WHITE STOPBAR MESSAGE
TO BE CENTERED ON
DRIVING LANE.
EDGE OF PAVEMENT
DOUBLE YELLOW
LINE 100' LONG
UNLESS OTHERWISE
NOTED.
EDGE OF PAVEMENT
STOPBAR/STRIPING DETAIL
NOT TO SCALE
Key Largo Roads XVI
Key Largo
Monroe County
APPENDIX B
SHEET NO.
3
OF 6
~UNTY~ONROE
24"
STDPBAR
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WHITE STOPBAR
MESSAGE DETAIL
(F.D.O.T. 22 S.F.)
SCALE: NONE
DATE: APPENDIX B .
March 11, 2002 Key Largo Roads XVI SHEET NO.
DESfDRW 4
bbr/jrg Key Largo
PROJECT: OUNTY dMONROE
Key Largo XVI Monroe County OF 6
NOTE:
CONTRACTOR IS TO PROVIDE DRIVEWAY
TURN OUTS AT ALL LOTS WHICH CONTAIN
A HOUSE DR BUSINESS WHICH PRESENTLY
HAS A ROCK DR ASPHALT DRIVEWAY.
CONCRETE DRIVEWAYS WILL BE AS SHOWN ON
DETAIL KB" DR AS DIRECTED BY ON SITE
BY A COUNTY REPRESENTATIVE,
4'
10' M I N I MUM
OR ACTUAL
DRIVEWAY LENGTH
/-END 0 ASPHALTIC CONCRETE
OVERL!\Y, MATCH EXISTING
GRADE lEX I STI NG DR I VE.
~I
4'
1/
~EDGE
,
(\J
OF PAVEMENT
DETAIL AT PRIVATE DRIVEWAYS
I .
SCALE: NONE
5
~
V
~UNTY~ONROE
DATE:
March 11, 2002 Key Largo Roads XVI
DES/DRW
bbr/jrg Key Largo
PROJECT:
Key Largo XVI Monroe County
APPENDIX B
SHEET NO.
OF 6
DATE:
March 11, 2002
DES/DRW
bbr/jrg
PROJECT:
Key Largo XVI
N
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Key Largo
Monroe County
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6
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~UNTY~ONROE
Appendix C
DATE:
March 11, 2002
DESIDRW
bbr/jrg
PROJECT:
Key Largo XVI
GENERAL NOTES:
1. IF REQUIRED, SHRUBBERY SHALL BE CLEARED, TRIMMED AND REMOVED
TO PERMIT THE CONSTRUCTION OF THE ROADWAY. A VERTICAL
CLEARANCE OF 16' OVER NEW PAVEMENT MUST BE MAINTAINED,
HOWEVER, THE ENTIRE RIGHT -OF-WAY NEED NOT BE CLEARED.
CONTRACTOR TO REMOVE ALL TREE ROOTS PROTRUDING IN TO PAVEMENT
TO A DEPTH OF 6".
2. ALL POT HOLES DEEPER THAN 2" SHALL BE CLEARED OF ALL LOOSE
DEBRIS AND TACK COATED, FILLED WITH ASPHALT AND ROLLED PRIOR TO
LEVELING/OVERLAY PLACEMENT.
3. ALL EXISTING WATER METERS, VALVE BOXES AND INLET GRATES LOCATED
WITHIN THE LIMITS OF THE PROPOSED PAVEMENT ARE TO BE RAISED PRIOR
TO APPLICATION OF THE PAVEMENT. THE TOP OF THE BOX IS TO MATCH
THE NEW PAVEMENT ELEVATION, AND BE ORIENTED FOR SAFE BICYCLE TRAFFIC.
CONCRETE PAVEMENT PATCHES WILL NOT BE ALLOWED IN NEW
OVERLAY AREAS.
4. THE CONTRACTOR IS TO NOTIFY THE RESIDENTS, IN WRITING, THAT MAIL
BOXES WITHIN THE PATH OF CONSTRUCTION MUST BE RELOCATED. THE
CONTRACTOR MUST GIVE A MINIMUM OF 72 HOURS NOTICE PRIOR TO THE
START OF CONSTRUCTION.
5. CONCRETE DRIVEWAYS ARE TO BE SAW CUT AND THE OVERLAY SHALL MATCH
EXISTING CONCRETE ELEVATIONS. (SEE DETAIL)
6. IF THE CONTRACTOR WISHES TO ENTER INTO SEPARATE AGREEMENTS WITH
PROPERTY OWNERS TO PAVE DRIVEWAYS - THE PROPERTY OWNER MUST
OBTAIN THE PROPER PERMIT FROM MONROE COUNTY PUBLIC WORKS DEPARTMENT
BEFORE ANY SUCH PAVING IS BEGUN. THE CONTRACTOR IS TO SUPPLY A LIST
OF ANY SUCH PROPERTY OWNER TO THE PUBLIC WORKS DEPARTMENT PRIOR TO
COMPLETION OF THE PROJECT.
7. WHEN WIDENING OF PAVEMENT IF REQUIRED, THE EXISTING GRADE SHALL BE
BE CUT DOWN TO A 6" DEPTH OR TO SOLID ROCK, WHICHEVER COMES FIRST. IF
SOLID ROCK IS PRESENT AT OR WITHIN 2" OF THE SURFACE, ASPHALTIC CONCRETE
SHALL BE USED AS THE BASE COURSE. IF ROCK IS MORE THAN 2" FROM
THE SURFACE, THEN ASPHALTIC CONCRETE OR L1MEROCK FILL MAY BE USED
AS BASE COURSE. HOWEVER, A MINIMUM LIFT OF 4" IS REQUIRED FOR L1MEROCK.
THEREFORE, IT MAY BE NECESSARY TO SCARIFY THE EXISTING SHOULDER
TO ACHIEVE THE 4" LIFT.
8. IF L1MEROCK BASE IS USED, PROPOSED ASPHALTIC CONC. SURFACE COURSE SHALL
BE 1" MIN. COMPACTED, AND LEVELING COURSE SHALL BE 1" MIN. COMPACTED.
9. STOP BAR IS TO BE CONSTRUCTED AT ALL STREET INTERSECTIONS WHERE THE
NEW OVERLAY PAVEMENT IS CONSTRUCTED, OR AS NOTED.
Key Largo Roads XVI
Key Largo
APPENDIX C
SHEET NO.
ft-rrr
, 11-',
. '. ,,-. "
OUNTY 3MONROE
1
Monroe County, Florida
OF 3
10. ALL COUNTY STREET EDGE OF PAVEMENT RETURNS TO BE 25' RADIUS, UNLESS
EXISTING RADIUS IS LARGER. ALL CONNECTION TO U.S.1 RETURNS TO BE 50'
RADIUS UNLESS EXISTING RADIUS IS LARGER. CONTRACTOR IS TO OVERLAY
THE LARGER OF THE TWO RADII DESCRIBED ABOVE. PAVING OF 25' OR 50' RADIUS
SHALL PROVIDE A MINIMUM OF A 2' CLEARANCE FROM ALL EXISTING UTILITY
POLES/OBSTRUCTIONS.
11. CONTRACTOR IS TO CONSTRUCT ALL DRIVEWAY TURNOUTS, AS PER DETAILS.
THE DOLLAR AMOUNTS ARE TO BE INCLUDED IN THE BID PRICE FOR LEVELING
AND SURFACE COURSE FOR THIS PROJECT. THE CONTRACTOR IS TO
DETERMINE, IN THE FIELD, THE CORRECT LOCATION OF EACH DRIVEWAY PRIOR
TO CONSTRUCTION.
12. ASPHALT CONCRETE OVERLAY IS TO HAVE A MINIMUM OF 30 DAYS OF CURING
TIME PRIOR TO PLACEMENT OF PERMANENT PAVEMENT MARKINGS. SAID 30 DAYS
CURING TIME IS INCLUDED AS PART OF THE CONTRACT TIME. NO CONTRACT
EXTENSION WILL BE GRANTED TO ALLOW FOR CURING.
13. IF INTERSECTING STREET BEYOND THE NEW PAVEMENT IS ASPHALTIC CONCRETE OR
DOUBLE SURFACE TREATMENT, THE DOUBLE YELLOW LINE SHALL BE 100 LINEAR
FEET. IF THE INTERSECTING STREET BEYOND THE NEW PAVEMENT IS NOT
ASPHALTIC CONCRETE OR DOUBLE SURFACE TREATMENT (i.e. ROCK OR DIRT
ROAD) THE YELLOW STRIPE SHALL BE APPLIED ONLY TO THE LIMITS
OF THE NEW PAVEMENT OVERLAY.
14. ENERGIZED ELECTRICAL POWER LINES IN THE IMMEDIATE VICINITY OF A
CONSTRUCTION JOB PRESENT AN EXTREME HAZARD FROM ELECTRICAL SHOCK.
DO NO APPROACH ANY CLOSER THAN TEN (10) FEET OF ANY SUCH
OVERHEAD POWER LINE - EITHER IN PERSON OR WITH EQUIPMENT. DO NOT
CONSIDER THESE LINE TO BE INSULATED. BEFORE WORKING IN PROXIMITY
TO OVERHEAD OR UNDERGROUND POWER LINES, OR IF THERE ARE ANY QUESTIONS
RELATIVE TO THE HAZARD WHICH THESE POWER LINES PRESENT, THE
CONTRACTOR SHOULD CALL CITY ELECTRIC SYSTEM AT 294-5272 IN THE LOWER
KEYS, OR FLORIDA KEYS ELECTRIC CO-OP. AT 852-2431 IN THE UPPER KEYS.
IF IT IS FEASIBLE TO TAKE LINES OUT OF SERVICE, ADVANCED NOTICE
IS REQUIRED FOR THE ELECTRIC COMPANY TO COMPLETE SERVICE RELOCATION.
THERE MAY BE A CHARGE FOR THIS WORK. FOR MORE INFORMATION ON SITE
ARRANGEMENTS OR SAFETY IN A PARTICULAR AREA, CALL C.E.S. OR F.K.E.C.
2
DATE:
March 11, 2002
DES/DRW
bbr/jrg
PROJECT:
Key Largo XVI
Key Largo Roads XVI
Key Largo
Monroe Countyr Florida
APPENDIX C
SHEET NO.
OF 3
~UNTY~ONROE
15. THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 PROMULGATED LAWS
DESIGNED TO PREVENT DEATH AND INJURY TO PERSONS AND DAMAGE TO PROPERTY
GROWING OUT OF CONTACT WITH ENERGIZED ELECTRIC LINES. THE LAW PROVIDES
FOR RESTRICTIONS ON ACTIVITIES TO BE PERFORMED BY PERSONS OR BUSINESS
ENTITIES WITHIN TEN (10) FEET FOR MECHANICAL OR HOISTING EQUIPMENT OF
A HIGH VOLTAGE LINE IN EXCESS OF SIX HUNDRED (600) VOLTS. PUBLIC LAW
91-596, SECTION 17(e), STATES: ANY EMPLOYER WHO WILLFULLY VIOLATES ANY
STANDARD, RULE, OR ORDER PROMULGATED PURSUANT TO SECTION 6 OF THIS ACT,
OR OF ANY REGULATIONS PRESCRIBED PURSUANT TO THIS ACT, AND THAT
VIOLATION CAUSED DEATH TO ANY EMPLOYEE, SHALL, UPON CONVICTION, BE
PUNISHED BY A FINE OF NOT MORE THAN $10,000.00 OR BY IMPRISONMENT FOR
NOT MORE THAN SIX (6) MONTHS, OR BY BOTH; EXCEPT THAT IF THE CONVICTION
IS FOR A VIOLATION COMMITTED AFTER A FIRST SHALL BE BY A FINE OF NOT
MORE THAN $20,000.00 OR BY IMPRISONMENT FOR NOT MORE THAN ONE (1) YEAR,
OR BY BOTH.
16. EXISTING SIGNS WHICH CONFLICT WITH ROAD WIDENiNG SHALL BE RELOCATED
USING NEW POST PER SPECIFICATIONS. COST SHALL BE INCLUDED IN SITE WORK.
17. THE PURPOSE OF THE ASPHALT LEVELING COURSE IS TO PROVIDE A UNIFORM
SURFACE FREE OF BUMPS AND DIPS. THEREFORE, THROUGHOUT THE PROJECT
ADDITIONAL LEVELING WILL BE REQUIRED. THE PLANS MAY OR MAY NOT
IDENTIFY SOME OF THESE LOCATIONS, HOWEVER, IT IS NOT THE COUNTY'S
INTENT TO LOCATE ALL AREAS WHERE ADDITIONAL LEVELING MAY BE
REQUIRED.
18. CONTRACTOR TO REMOVE ALL INVASIVE EXOTICS FROM ENTIRE RIGHT OF WAY. ALL
INVASIVE EXOTICS TO BE REMOVED FLUSH WITH GROUND UNLESS OTHERWISE
NOTED AND ALL TO BE TREATED WITH "GARLON". SEE TECHNICAL SPECIFICATIONS.
TREE SIZES LESS THAN 2-1/2" SHALL BE COMPLETELY REMOVED, INCLUDING
THE ROOT. THE HOLE SHALL BE BACK FILLED WITH MATERIAL SIMILAR TO THE
ADJACENT GROUND. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD
CHECK FOR THE PRESENCE OF EXOTICS PRIOR TO BIDDING.
19. CONTRACTOR TO REMOVE ALL TREE ROOTS PROTRUDING IN TO PAVEMENT.
20. CONTRACTOR IS TO INSTALL SOD IN ALL AREAS OF RIGHT OF WAY WHERE
SOD WAS DISTURBED DURING WORK.
21. WHERE ROADWAY is TO BE WIDENED, WIDENING WILL BE EQUAL DISTANCE
ON EITHER SIDE OF THE EXISTING ROADWAY TO ACHIEVE THE PLANNED
FINAL WIDTH UNLESS OTHERWISE NOTED.
22. SWALES SHALL BE CONSTRUCTED ON BOTH SIDES OF ROADS EIGHT (8) FEET WIDE
WITH A 7% SLOPE TO THE CENTER OF SWALE. WHERE OBSTRUCTIONS ARE PRESENT
OR WIDTH OF RIGHT OF WAY IS LIMITED, CONSTRUCT THE SWALE AS WIDE AS
OBSTRUCTIONS OR LIMITED WIDTH WILL ALLOW MAINTAINING 3" DEPTH AT CENTER
OF SWALE.
DATE: APPENDIX C .
March 11, 2002 Key Largo Roads XVI SHEET NO. II .~
. ~ ' '
DESIDRW 3
bbr/jrg Key Largo OUNTY jMONROE
PROJECT:
Kcy Largo XVI Monroe County~ Florida OF 3