05/15/2002 Agreement
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
AGREEMENT
made as of the /5"'d-
THOUSAND TWO
(In Words, indicate day, month and year.)
day of
;VlA i
in the year of TWO
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.
4850N.W.72Avenue
Miami, Florida 33166
For the following Project:
(Include detailed description of project,
location, address and scope)
Stock Island Roads II
Stock Island, Monroe County Florida
The Construction Manager is:
(Name and address)
The Architect is:
(Name and Address)
The Owner and Contractor agree as set forth below.
01/2302 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall
be the date of this Agreement, as first written above, unless a different date is stated below or provision is made
for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of
certain portions of the Work, if not stated elsewhere in the Contract Documents.)
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 ONE MILLION EIGHT HUNDRED lWO THOUSAND FIVE HUNDRED SIXlY-NINE and
50/100 Dollars ($1,802,569.50), subject to additions and deductions as provided in the Contract Documents.
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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of
this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
NONE
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner
shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere
in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
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 Twenty-first day of the Same
month. If an Application for Payment is received by the Construction Manager after the application date fixed
above, payment shall be made by the Owner not later than Twenty days after the Construction Manager
receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed
as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in
applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or
change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the
Construction Manager. When both additions and credits covering related Work or substitutions are involved in a
change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
0112302
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-3
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance
by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent
(10% ):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under
the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or
limitations)
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and
to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment 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)
(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.
01/2302 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
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.
7.6 Other Provisions:
(Here list any special provisions affecting the Contract.)
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated
as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
February 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.
01/2302
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
9.1.6 The Addenda, if any, are as follow!:
Nwnber
Oate:
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Portions of Addenda relating to bidding requ.irements are not part of the Contract Doc:umentA unless the bidding
requirements are also enwnerated in this Article 9,
9.1.7 Other documenta, if any, formlng part of the contract Documenla are as fallow.:
CUiI /ten 1I11Y lIIIlflllonat dGamlmb lIIkidlll~ IlIlImltli 10 ft1ml ptJPf of &he UmlPlcl Dllt\lII1Cllts. 1'- Gmml CoNIIIiGIU J'1f1DUlt fhIIJ INdtlinr relfUi/Zlllrftll
filch lI6 IIbr,tiKmfll' or inviblli/Jrl 10 bid. In,m.alDnJ 10 BJdI2,.. """JIIe /pm" Imd Uw OmtrrlcltJr', bid ." MI ,.,t of 1M tlIJII,Nd r><<u"rr"IsuNul
cllllmeP'a1r4 III /hI, Alrr.rIl~"1. n~ IIr~UI br lictal bur ollly 'fl'"~lIlia1lD be"m oflhe Omlract DocuIlltIl'S.)
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
,~~ction Manager and Architect for use in the administration of the Contract, and the
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011"1302 STANDARD FORM OF AGRF.F.MENT BETWEEN OWNER AND CONTRACTOR
00500-6
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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
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other
Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the
Contract
01/2302
00750-1
GENERAL CONDITIONS OF THE CONTRACT
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
(hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda
issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution
of the Contract. A Modification is (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,
] .1.5 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,
] .1,7 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.
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.
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-2
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts
drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Contractor is described, The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved
rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably
accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents
prepared by the Architect and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They
are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in
connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved
rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of
Drawings and Specifications reasonably necessary for the execution of the Work.
1.4 Capitalization
1.4.1 Terms capitalization in these General Conditions include those which are (I) 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
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.
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-3
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 II (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 ofthe 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. If payments
then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the
Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety
issues determined to be of a serious nature, as determined by the Construction Manager, notice will be given, and contractor
is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this
Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized
representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the
Contract that are administered by the Construction Manager, and that are identical or substantially similar to these
Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Construction Manager and Architect
errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or
Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor
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007504
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.
3.3 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 ofthe 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,
3.33 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.
33.4 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
3.4. I 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.
3.43 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
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-5
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 authorizc:d, 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 Ic:gally 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 spe:ciaIty 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 be:aring 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, ordinanGes, building codes, and rules and regulations, However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3,7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules
and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the
Project site during performance ofthe 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, I 0,1 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 exce:ed 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.
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3. I 0.5 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.]] Documents and Samples at the Site
3.11. I 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.]2 Shop Drawings, Product Data and Samples
3. I 2. I 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. I 2.3 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
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. I 2.6 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 ofthe Contract Documents.
3. I 2.8 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.
3.12.1 I 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.
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3.13 Use of Site
3,] 3.] 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.]4.2 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.]4.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and
equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be
further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and
such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished
surface,
3.15 Cleaning Up
3.] 5.] 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, ] 6.] 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.] 7.] 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,] 8.] 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), persona] 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
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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
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.
4.4 In case oftermination 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 (I) 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
Of) site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor
to guard the Owner against defects and deficiencies in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have control over or charge of and
will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3,
and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or
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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 special/y authorized, the Owner and Contractor shal/ communicate through the
Construction Manager, and shal/ communicate through the Constmction Manager, and shal/ contemporaneously provide the
same communications to the Architect. Communications by and with the Architect's consultants shal/ be through the
Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with other Contractors shal/ be through the Constmction Manager and shall be contemporaneously
provided to the Architect.
4.6.8 The Construction Manager will review and certify aI/ Applications for Payment by the Contractor, including final
payment. The Constmction 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 wil/ review and certify the amounts due the Contractors and will
issue a Project Certificate for Payment.
4,6.10 The Architect wil/ 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,
instal/ed 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
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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 responsibil ities 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.
4.6.1 9 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 O\\-1ler and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in
the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising
out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest
with the party making the claim.
4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or
Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.8, A decision by the Architect, as
provided in Subparagraph 4.8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (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 to 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
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observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days
after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will
recommend and equitable adjustment in the Contract Sum or Contract Time, or both, If the Architect determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice
of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
4,7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written
notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims
relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost
is involved for reasons including but not limited to (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.
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 or4.7.8.
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: (I) 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: (I) 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 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.
4.8.5 Court Determination of ClaimslDisputes. Any claim or dispute that the parties are unable to achieve a settlement
among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
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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 ofthe 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 ifsingular
in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. .
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner,
Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply
promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or
Architect has made reasonable and timely objection. The Contractor 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 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by
these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect
to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When
appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with"Sub-subcontractors, The
Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor
will be bound, and, upon written request of the Subcontractor, identity 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 public construction bond covering the
Contract.
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5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shaH 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.] .] 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.
6. ] .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 shaH be held harmless of any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.] 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 Ifpart 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 shaH, 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 ]0.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to
the provisions of Paragraph 4.7 provided the other Contractors have reciprocal obligations,
6.2,6 The Owner and other Contractors shaH 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 shaH 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
01/2302 GENERAL CONDITIONS OF THE CONTRACT 00750-14
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 3.1 5, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7,1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7, 1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, architect and Contractor;
a Construction Change Directive require agreement by the Owner, Construction Manager and Architect and mayor may not
be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7. I .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. I A 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:
.I a change in the Work;
.2 the amount of the adjustment in the Contract Sum, ifany; 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 7.23.
7.2.3 Ifnone of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order
signed by the Owner or Construction Manager is received, shall promptly proceed with the Work involved, The cost of such
Work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager, The
daily force account forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each man, each
piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim, Each daily
force account form shall be signed by the designated Construction Manager's representative no later than the close of
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business on the day the Work is performed to veritY 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 ofthe actual net cost as confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured
on the basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items 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 in the Work (other
than those covered by unit prices set forth in the Contract Documents) shall be computed as follows:
. I 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 perform the Work, the maximum mark-up for
managing this Work will be five percent (5%);
.3 if the Subcontractor performs part ofthe 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.
. I The written notice to the Construction Manager for the Extra Work shall include a complete description of the
extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity
required to be performed. Mark-ups shall be limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice
specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any
dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract
Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 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.
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GENERAL CONDITIONS OF THE CONTRACT
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ARTICLE 8
TIME
8.1 Definitions
8.],] Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the
Contract Documents for Substantia] Completion of the Work.
8.].2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.
8,1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8.
8.].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 I] to be furnished
by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance,
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantia] Completion within
the Contract Time.
8.3 Delays and Extensions of Time
8.3.] If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner,
Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by
the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not
reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the
Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then
the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may
determine, in accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not more than seventy-two
(72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived, Any claim
for extension of time shall state the cause of the delay and the number of days of extension requested. ]fthe 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
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GENERAL CONDITIONS OF THE CONTRACT
00750-] 7
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 perfonnance of the Work under the Contract Documents.
9.2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through the Construction
Manager, a schedule of values allocated to various portions of the Work, prepared in such fonn 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 Applcations for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the
Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values.
Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment
as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
,I 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. Ifapproved 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, infonnation and belief, be free and clear ofliens, claims security interests or encumbrances in favor
of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an
agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any
unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public
construction bond surety only.
9.4 Certificate for Payment
9.4,1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's
applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on
such applications, forward them to the Architect within seven days.
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 detennine 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. I. 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, infonnation
and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-18
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 ora separate Certificate for
Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment
in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will
not be a representation that the Construction Manager or Architect has (I) 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 paym~nts 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 II, 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.
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GENERAL CONDITIONS OF THE CONTRACT
00750-]9
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and
9,6.4.
9.6,6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents,
9.6.7 All material and work covered by partial payments made shall thereupon become the sole property ofthe 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 shaH 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, wiIl 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, shaH
establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of
Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities
assigned to them in such Certificate.
9.8,3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and
certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if
any, for such Work or portion thereof as provided in the Contract Documents. .
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to
the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shaH 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.
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-20
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. I 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 oftheir 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 (I) 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 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.
9.11Any 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 9.1 I in all its contracts with subcontractors and
materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-21
] 0,1.1 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.
] 0.1.2 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 shaH 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 shaH 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 shaH 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 shaH take reasonable precautions for safety of, and shaH provide reasonable protection to prevent
damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10,2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
execution 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
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-22
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 pennit 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 detennined 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 pennitted 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 shaH 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 perfonn assessments shall be imposed as if the Work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the
required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by
this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer,
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from
any liability or obligation assumed under this contract or imposed by law.
11.1.8 The Monroe COWlty Board of County Commissioners, its employees and officials will be included as "Additional
Insured" on all policies, except for Worker's Compensation.
0]/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-23
11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-
owned property.
I I .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.
11.2Throughout 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
I 1.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in
Ihis 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 or Work
12.1.1 Ifa 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, ifsuch 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 W o.rk, including additional
testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made
necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the
date for commencement of warranties established under Subparagraph 9,9, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner
has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with
respect to portions of Work first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive
acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after
discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements
of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
0]/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-24
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 oflimitation 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.
13.3Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the
firm or entity or to an officer ofthe 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 St., Room 2-215
Key West, Florida 33040
01/2302 GENERAL CONDITIONS OF THE CONTRACT
00750-25
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 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of
the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Construction
Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for
such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely
notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction
Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph
13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents,
be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract
Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
delay in the Work,
13.7Commencement of Statutory Limitation Period
13.7.1 The statute oflimitations applicable to this contact are as provided in Section 95.1 I (3) (C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
14.1.] The Contractor may terminate the Contract ifthe Work is stopped for a period 000 days through no act or fault of
the Contractor or a Subcontractor, Sub subcontractor or their agents or employees or any other persons performing portions
of the Work under contract with Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material unavailable;
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-26
.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 ]4.3 constitute in the
aggregate more than ] 00 percent of the total number of days scheduled for completion, or 120 days in any 365-day
period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as
required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for
proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
] 4. ].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] 4.1.2.
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 ofa 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, ifany, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon
owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph ]4.2.1, 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.
01/2302
GENERAL CONDITIONS OF THE CONTRACT
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"""''''''''.....''''''''''''''.....-------
End Of Section
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-28
SECTION 00850
PUBLIC CONSTRUCTION BOND
BOND NO. 929236350
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 caUed Owner, in the sum of
,
$ 1.802,569. 50 ______, 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:
I.
Performs the contract dated
,20_, between Principal and Owner for construction of
Stock Island Roads II
Stock Island
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.
Dated
5/24/
,2002.
ICAN CASUALTY
(Name of Surety)
By:
(As Attorney in Fact)
ANY OF READING, PA
William L.- ar1reif;Jrtty~~lrn-Fact/Fla. Res. Agent
End Of Section
01/23/02
PUBLIC CONSTRUCTION BOND
00850-1
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
Joseph M. Pietrangelo, William L Parker, Olga L Iglesias, E. B. Blondell, Jr., Davor I. Mimica, Martha Menendez,
Individually
of Miami, Florida
their true and lawful Attorney(s )-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and o.ther obligatory instruments of similar nature
-- In Unlimited Amounts -
and to bind them thereby as 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 Attorney 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.
~~CASU.1{)'p
'f 00f"'0R"~ ~
~ . ~
~ SEAL $.
1897
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
~-~ /A-f-
Michael Gengler
Group Vice President
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 sworn, 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.
............................
: "OFFICIAL SEAL" :
: DIANE FAUU<NER .
: NoDry ...... lIMe of ...... :
· "" eowwmulall IIrplrM 1/17101 :
S...........................
My Commission Expires September 17, 2001
(Rev. 1/23/01)
>>~ ~~
Diane Faulkner
Notary Public
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading. Pennsylvania
~(2~
Mary A. Ribikawskis
Assistant Secretary
Authorizing By-Laws 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 Attomey-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 attomeys-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 attomey-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 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 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 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-Execution of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attomey-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 attomeys-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
time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds, undertakings and other obligatory instruments of like nature. Such Attomey-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 Board of Directors may at any time revoke all power and authority previously given to allY 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
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation 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
STOCK ISLAND ROADS II
Stock Island
Monroe County, Florida
~/3
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie Spehar, District I
George Neugent, District 2
Nora Williams, District 4
Murray E. Nelson, District 5
COUNTY ADMINISTRATOR
James L. Roberts
DIRECTOR OF PUBLIC WORKS
Dent Pierce
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
COUNTY ENGINEER
David S. Koppel, P.E.
February 2002
PREPARED BY:
Monroe County Public Warks Division
Engineering Department
SECTION 00001
TABLE OF CONTENTS
Stock Island Roads II
Roadway & Drainage Improvements
1. Bidding Documents
Section 00030 Notice of Calling for Bids
Section 00100 Instruction to Bidders
Section 00110 Proposal Form
Section 00163 Pre-Bid Substitutions
Section 00300 Scope of Work
Section 00350 Milestone Schedule/Liquidated Damages
2. Contract Documents
Section 00500R Form of Agreement between Owner and Contractor
3. Conditions
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 02070
Section 02100
Section 02209
Section 02210
Section 02221
Section 02232
Section 02271
Section 02507
Section 02513
Section 02521
Section 02580
Section 02720A
Section 02720
Section 02725
Section 02951
Section 03000
Section 10425
Selective Demolition
Site Preparation
Re-Grading Roadway Shoulders
Site Grading
Trenching, Backfilling Compacting, and Laying PVC Pipe
Limerock Base
Sand-Cement Rip Rap
Prime and Tack Coats
Type S-III Asphaltic Surface, Leveling and Base Course
Concrete Sidewalk
Pavement Markings
Storm Drainage Structures, Pipe and Fittings
Seepage Trench
Storm Drainage Pipes/Trenches
Tree TrimminglRemoval
Concrete (Sitework)
Traffic Sign Specification
01/23/02
00001-1
TABLE OF CONTENTS
5. Drawings
Sheet I
Sheet 2-4
Sheet 5-18
Cover
Notes and Details
Plans
End of Section
01/23/02
00001-2
TABLE OF CONTENTS
Bidding Documents
Section 00030 Notice of Calling for Bids
Section 00100 Instructions to Bidders
Section 00110 Bid Proposal
Section 00163 Pre-Bid Substitutions
Section 00300 Scope of Work
Section 00350 Milestone Schedule
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on April 16, 2002 at 11 :00 AM. The
Monroe County Purchasing Office will be opening sealed bids for the following:
Stock Island Roads II
Stock Island
Monore County, Florida
Bid# lO6-259-0-2002/LC
Specifications and Bid Documents may be obtained from DemandStar by Onvia at
www.demandstar.com/supplieror call toll-free at 1-800-711-1712.
Technical questions should be directed to Monroe County Engineering, Berry Rikard at (305) 292-4426 or
FAX (305) 295-4321.
All bids must be received by the Monroe County Purchasing Office on or before 11 :00 AM on April 16, 2002.
Any bids received after this date and time will be automatically rejected.
Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope
clearly marked on the outside: "Sealed Bid for Stock Island Roads II", addressed and delivered to:
Purchasing Office
1100 Simonton Street
Room 2-213
Key West, Florida 33040
All bids must remain valid for a period of ninety (90) days. The Board will automatically reject the bid of any
person or affiliate who appears on the convicted vendor list prepared by the Department of General Services,
State of Florida, under Section 287, 133(3)(d), F.S. (1997).
Dated at Key West, Florida, this 27th day of February, 2002.
Monroe County Purchasing
Department
End of Section
01/23/02
NOTICE FOR CALLING FOR BIDS
00030-1
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 A 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.
01/23/02
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.
ARTICLE V
BIDDING PROCEDURE
01/23/02
INSTRUCTIONS TO BIDDERS
00100-2
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 ofthe 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 ofthe Bid.
F. All requested Alternates shall be bid, lfno 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
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.
01/23/02
INSTRUCTIONS TO BIDDERS
00100-3
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 offive (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 rejected. 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.
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:
01/23/02
INSTRUCTIONS TO BIDDERS
00100-4
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:
Stock Island Roads II
To be opened: April 16 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 of the bidder or by telegram.
If by telegram, the written confirmation over the signature of the Bidder shall be mailed and
postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as
not to reveal the amount of the original Bid.
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.
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
01/23/02
INSTRUCTIONS TO BIDDERS
00100-5
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
determine 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. Ifthe 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.
01/23/02
INSTRUCTIONS TO BIDDERS
00 100-6
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 A ward. 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
01/23/02
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 Paees
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
01/23/02
BID PROPOSALS
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:
Stock Island Roads II
Stock Island
Monroe County, Florida
and having carefully examined the site where the Wark 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)
01123/02
BID PROPOSALS
00110-2
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00110-4
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BID PROPOSAL
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 are included.)
Mailing Address:
Phone Number:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
01/23/02
BID PROPOSAL
00110-5
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:
Stock Island Roads II
Stock Island
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:
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
after first being sworn by me, affixed his/her signature in the space provided above on this
2001.
(name of individual signing) who,
day of
NOTARY PUBLIC
My commission expires:
01123/02
BID PROPOSAL
00110-6
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
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hislher
signature
in the space provided
(name of individual signing)
above on this
day of
,20
NOTARY PUBLIC
My commission expires:
01/23/02
BID PROPOSAL
00110-7
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with FI. 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
01/23/02
BID PROPOSAL
00110-8
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
(Here 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)
01/23/02
BID PROPOSAL
00110-9
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 WC3
$1,000,000/$1,000,000/$1,000,000
General Liability
GL4
$5,000,000 Combined Single Limit
GLXCU
*Required Endorsement
Underground, Explosion and Collapse
(XCUL
Vehicle Liability
VL4
$1,000,000 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
01123/02
BID PROPOSAL
00110-10
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 will be included in an addendum
if acceptable.
4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if
substitution request forms and substantiating data are submitted,
B. Submit separate request for each substitution. Support each request with:
1, Complete data substantiating compliance of proposed substitution with requirements
stated in Contract Documents:
a. Product identification, including manufacturer's name and address,
b. Manufacturer's literature, identifying:
1. Product description,
2.
Reference standards.
PRE-BID SUBSTITUTIONS
00163-1
01/23/02
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.
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.
01/23/02
PRE-BID SUBSTITUTIONS
00163-2
1.5 COUNTY ENGINEER'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identity 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.
01/23/02
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. SEe.
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.
01/23/02
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 _ Ifno, fully explain:
e. 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
01/23/02
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 on the plans, 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,
},2 The Scope of Work consists of Roadway and Drainage Improvements on Stock Island, This includes
base construction, bike path construction, re-grading roadway shoulders, asphalt leveling, asphalt
resurfacing, injection wells and catch basin installation, seepage trenches, pavement markings, traffic
sign installation, invasive exotic removal, and other roadway construction as shown on the drawings
and included in the Technical Specifications.
1.3 Roads included in this project are:
1. Cross Street
2. Miriam Street
3. Roberta Street
4, Sunshine Street
5, 2nd Street
6, 5th Street
7. 2nd Terrace
8. 2nd Avenue
9, 3rd Avenue
10. 4th Avenue
11. 5th Avenue
12, 6th Avenue
13, 7th Avenue
14. 8th Avenue
15. 9th Avenue
16, 10th Avenue
17. 11 th Avenue
18. lth Avenue
19. Peninsular Avenue
20. Shrimp Road
1.4 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment,
transportation, inspection, and proper execution and completion of all Work as specified on the
Drawings and Technical Specifications included in this Bid Package.
........ ............... .... ........
End Of Section
01/23/02
SCOPE OF WORK
00300-1
SECTION 00350
MILESTONE SCHEDULE/LIQUIDATED DAMAGES
This section contains the project milestone schedule, The contractor is required to determine his proposed
schedule to meet these milestone dates,
The Contractor is to note the following special milestone dates.
1. Bid Due Date.. .. . .. . . , . .. , .. , .. . .. .. .. . .. .. .. .. , , . .. ... .. .. , .. .. .. .. .. , .. . .. .April 16, 2002
2. Award Date (Anticipated).... .... . ...... .. ......... .............. '" ..... ..May 17, 2002
3. Notice to Proceed and Pre-construction Meeting (Anticipated)..... ..June 17,2002
4, Construction Start. ..,.. ,. , ..., . ,. . .. ,. ,.. .. ." ,. . .. '.. .. .. '... .. "... , ..., , . .July 1, 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 determine the amount of
liquidated damages,
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-99,999,00
$100,000,00-499,999,00
$500,000.00 and Up
FIRST
15 DAYS
$50.00/Day
$100,OO/Day
$200,OO/Day
$500,OO/Day
SECOND
15 DAYS
$100.00/Day
$200.00/Day
$500,OO/Day
$l,OOO.OO/Day
31ST DAY &
THEREAFTER
$250,OO/Day
$750,OO/Day
$2,000.00/Day
$3,500.00/Day
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
End Of Section
01/23/02
MILESTONE SCHEDULE
00350-1
Contract Documents
Section 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
THOUSAND ONE
(In Words, indicate day, month and year.)
day of
in the year of TWO
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
For the following Project:
(Include detailed description of project,
location, address and scope)
Stock Island Roads II
Stock Island, Monroe County Florida
The Construction Manager is:
(Name and addres~)
The Architect is:
(Name and Address)
The Owner and Contractor agree as set forth below.
0112302
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions ofthe Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis 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 ofthe
Contract as if attached to this Agreement or repeated herein, The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9,
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated
in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300,
ARTICLE 3
Date of Commencement and Substantial Completion
3,1 The date of commencement is the date from which the Contract Time of Paragraph 3,2 is measured, and shall be the date
of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed
in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner, through the Construction Manager, in writing not less than five days before commencing the Work,
3.2 The Contractor shall achieve Substantial Completion ofthe 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 ofthe Contract the Contract Sum
of /100 Dollars ($ ),
subject to additions and deductions as provided in the Contract Documents,
4,2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner: NONE
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution
of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
4,3 Unit prices, if any, are as follows:
NONE
0112302
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
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 Twenty- first day ofthe 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 ofthe 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 ofTen 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 ofTen percent {I 0%):
5,6.3 Subtract the aggregate of previous payments made by the Owner; and
5,6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for
Payment as provided in Paragraph 9,5 of the General conditions,
5,7 The progress payment amount determined in accordance with Paragraph 5,6 shall be further modified under the
following circumstances:
5,7,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent
(90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for
incomplete Work and unsettled claims; and
5,7,2 Add, if final completion ofthe 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,
01/2302
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-3
5.8 Reduction or limitation of retainage, ifany, 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)
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 ofthe final
Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7,1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7,2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or
in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located,
(Insert rate of interest agreed upon, if any)
(Usury laws and requirements under the Federal Troth 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 of36 months from the date of being placed on the
convicted vendor list.
7,6 Other Provisions:
(Here list any special provisions affecting the Contract.)
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8,1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions,
8,2 The Work may be suspended by the Owner as provided in Article 14 ofthe General Conditions,
ARTICLE 9
Enumeration of Contract Documents
9,1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
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 February
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 ofthe Project Manual for this project.
9,1.6 The Addenda, ifany, 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. Instnlctions to Bidders, sampleforms and the Contractor's bid are not part of the contract Documents unless
enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents)
This Agreement is entered into as of the day and year first written above and is executed in at least four
original copies of which one is to be delivered to the Contractor, one each to the Construction Manager
and Architect for use in the administration of the Contract, and the remainder to the Owner.
01/2302
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
01/2302 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
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
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other
Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the
Contract
01/2302
00750-1
GENERAL CONDITIONS OF THE CONTRACT
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
(hereinafter), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda
issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution
of the Contract. A Modification is (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 (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 ofthe 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 ofthe Contract and Specifications,
1.2 Execution, Correlation and Intent
1,2,2 Execution ofthe Contract by the Contractor is a presentation that the Contractor has visited the site, become familiar
with local conditions under which the Work is to be performed and correlated personal observations with requirements of the
Contract Documents,
1,2,3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the
Work by the contractor, The Contract Documents are complementary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents
and reasonably inferable from them as being necessary to produce the intended results,
1,2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by
any trade.
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GENERAL CONDITIONS OF THE CONTRACT
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1,2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings,
1,2,6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts
drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1,3,1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Contractor is described, The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved
rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably
accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents
prepared by the Architect and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They
are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their Work under the Contract Documents, All copies made under
this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in
connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved
rights,
1,3,2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of
Drawings and Specifications reasonably necessary for the execution of the Work.
1.4 Capitalization
1.4,1 Terms capitalization in these General Conditions include those which are (1) specifically defined, (2) the titles of
numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of
other documents published by the American Institute of Architects,
1.5 Interpretation
1,5,1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 Definition
2,1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative.
2.2 Information and Services Required of the Owner
2,2,2 The owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site,
2,2,3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing facilities, Unless otherwise provided under the Contract
Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit.
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GENERAL CONDITIONS OF THE CONTRACT
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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 of24 hours notice. In the event of safety
issues determined to be of a serious nature, as determined by the Construction Manager, notice will be given, and contractor
is required to rectify deficiency immediately,
ARTICLE 3
CONTRACTOR
3.1 Definition
3,1,1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this
Agreement as if singular in number, The term "Contractor" means the Contractor or the Contractor's authorized
representative.
3,1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the
Contract that are administered by the Construction Manager, and that are identical or substantially similar to these
Conditions,
3.2 Review of Contract Documents and Field Conditions by Contractor
3,2,1 The Contractor shall carefully study and compare the Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2,2 and shall at once report to the Construction Manager and Architect
errors, inconsistencies or omissions discovered, The Contractor shall not be liable to the Owner, Construction Manager or
Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor
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GENERAL CONDITIONS OF THE CONTRACT
00750-4
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,
3.3 Supervision and Construction Procedures
3.3,] 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 ofthe 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 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
3.4,] 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 ofthe 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
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GENERAL CONDITIONS OF THE CONTRACT
00750-5
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.
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 ofthe Work. This schedule,
to be submitted within seven (7) days after Contract A ward, 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,
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GENERAL CONDITIONS OF THE CONTRACT
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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 ofthe 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
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 ofthe 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,
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GENERAL CONDITIONS OF THE CONTRACT
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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 ofthe 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 ofthe Construction Manger, Owner and such other contractors: such consent shall not be unreasonably
withheld, The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent
to cutting or otherwise altering the Work, When structural members are involved, the written consent of the
Architect/Engineer shall also be required, The Contractor shall not unreasonably withhold from the Construction Manager or
any separate contractor his consent to cutting or otherwise altering the Work,
3,14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and
equipment and the execution of his work, whether or not shown or indicated on the Drawings, The Contractor shall be
further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and
such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished
surface,
3.15 Cleaning Up
3,15,1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project
waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials, Clean up shall be
performed to the satisfaction of the Owner or Construction Manager.
3,15,2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with
the Owner's approval and the cost thereof shall be charged to the Contractor.
3.16 Access to Work
3.16,1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and
progress wherever located,
3.17 Royalties and Patents
3,17,1 The Contractor shall pay all royalties and license fees, The Contractor shall defend suits or claims for infringement
of patent rights and shall hold the Owner Construction Manager and Architect harmless from loss on account thereof, but
shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents, However, if the Contractor has reason to believe that the required
design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such
information is promptly furnished to the Architect.
3.18 Indemnification and Hold Harmless
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
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employees, or agents, The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above, The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4,1,1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture
identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized representative,
4.2 Construction Manager
4,2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the
Construction Manager's authorized representative,
4.3 Duties, responsibilities and limitations of authority of the Construction manager and Architect as set forth in the Contract
Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager,
Architect and Contractor. Consent shall not be unreasonably withheld,
4.4 In case of termination of employment ofthe 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 ofthe 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 ofthe Owner's
own forces with the Work of the Contractor, who shall cooperate with them, The Contractor shall participate with other
Contractors and Construction Manager and Owner in reviewing their construction schedules when directed to do so, The
Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the
Construction Manager and the Owner until subsequently revised,
4,6,5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with
the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner
indicating that the Work, when completed, will be in accordance with the Contract Documents, However, the Architect will
not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of
on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor
to guard the Owner against defects and deficiencies in the work,
4,6,6 The Construction Manager, except to the extent required by Architect will not have control over or charge of and
will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3,3,
and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or
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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 ofthe Construction Manager, the Architect will review and certify the amounts due the Contractors and will
issue a Project Certificate for Payment.
4,6,10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and to require
additional inspection or testing, in accordance with Subparagraphs 13,5.2 and 13,5,3, whether or not such Work is fabricated,
installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the
Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract
Documents, Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Construction Manager will have 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 ofthem 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 ofthe 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
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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, 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 ofand reasonably inferable from the
Contract Documents and will be in writing or in the form of drawings, When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith,
4,6,20 The architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in
the Contract Documents,
4.7 Claims and Disputes
4,7.1 Definition, A Claim is demand or assertion by one ofthe parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising
out of or relating to the Contract. Claims must be made by written notice, The responsibility to substantiate Claims shall rest
with the party making the claim,
4,7,2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or
Architect, shall be referred initially to the Architect for action as provided in Paragraph 4,8, A decision by the Architect, as
provided in Subparagraph 4,8.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to
execution and progress of the Work or (2) the extent to which the Work has been completed, The decision by the Architect
in response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2)
The Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has
failed to take action required under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after
the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien,
4,7,3 Time Limits on Claims, Claims by either party must be made within 21 days after occurrence of the event giving
rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is
later. Claims must be made by written notice, An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4,7.4 Continuing Contract Performance, Pending final resolution of a Claim unless otherwise agreed in writing the
Contractor shall proceed diligently with performance ofthe 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 (1) subsurface
or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the
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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 ofthe 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
ofthe decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4,8,
4,7,7 Claims for Additional Cost, If the Contractor wishes to make Claim for an increase in the Contract Sum, written
notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims
relating to an emergency endangering life or property arising under Paragraph 10,3 If the Contractor believes additional cost
is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) Not Applicable (3) a
written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of
the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with
the procedure established herein,
4.7.8 Claims for Additional Time.
4,7,8,\, 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: (I) 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 ofthe Claim by the other party or (5) suggest a compromise. The Architect may also, but is not
obligated to, notify the surety, ifany, of the nature and amount of the Claim,
4,8,2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation,
4,8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial Claim stands.
4,8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties
or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the parties, Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or
Contract Time or both, If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may,
but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy,
4,8.5 Court Determination of ClaimslDisputes, Any claim or dispute that the parties are unable to achieve a settlement
among themselves must be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida,
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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 ofthe Work
5,2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner,
Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion ofthe 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 Ifthe 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 Subcontractual Relations
5,3,1 By appropriate agreement, written where legally required for validity, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by
these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall
preserve and protect the rights ofthe Owner, Construction Manager and Architect under the Contract Documents with respect
to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, When
appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors, The
Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor
will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the
proposed subcontract agreement which may be at variance with the Contract Documents, Subcontractors shall similarly
make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors,
5.4 Contingent Assignment of Subcontracts
5.4,1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that:
,1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14,2
and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the
Contract.
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5.4.2 Ifthe Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably
adjusted,
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts
6,1,1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own
forces, which include persons or entities under separate contracts not administered by the Construction Manager, The Owner
further reserves the right to award other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions ofthe Contract identical or substantially similar to these including those portions
related to insurance and waiver or subrogation,
6,1,2 When the Owner performs construction or operations with the Owner's own forces including persons or entities
under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such
forces with the Work of the Contractor who shall cooperate with them,
6,1,3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site,
The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination,
6.2 Mutual Responsibility
6.2,1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractors reasonable
opportunity for introduction and storage of their materials and equipment and performance oftheir activities, and shall
connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents,
6,2,2 Ifpart 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 ofthe Owner or other Contractors as provided in Subparagraph 10,2,5,
6,2,5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to
the provisions of Paragraph 4,7 provided the other Contractors have reciprocal obligations,
6,2,6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for
the Contractor in Paragraph 3,14,
6,2,7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of
the work, he shall, within (72) hours ofthe 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
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of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an
extension of time,
6.3 Owner's Right to Clean Up
6.3,1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in
Paragraph 3,15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7,\,1 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,\.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,\,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 Ifunit 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 ofthe following:
,I 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:
,I 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 7,2.1 or 7.2,2 is agreed upon, the Contractor, provided a written order
signed by the Owner or Construction Manager is received, shall promptly proceed with the Work involved, The cost of such
Work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager. The
daily force account forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each man, each
piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim, Each daily
force account form shall be signed by the designated Construction Manager's representative no later than the close of
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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.
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 in the Work (other
than those covered by unit prices set forth in the Contract Documents) shall be computed as follows:
,1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent
(5%) and the maximum percentage for profit shall be five percent (5%);
,2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a
maximum addition often percent (10%), Ifthe Contractor does not perform the Work, the maximum mark-up for
managing this Work will be five percent (5%);
,3 if the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a
maximum addition of then percent (10%) on his direct Work only, If the Contractor performs part of the actual Work,
his percentage mark-up for overhead and profit shall be a maximum addition 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 4,8,5, The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7,2,3 for any dispute or claim item,
7.4 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,
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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,
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 ofthe 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 II to be furnished
by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance,
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within
the Contract Time,
8.3 Delays and Extensions of Time
8,3,1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner,
Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by
the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not
reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the
Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then
the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may
determine, in accordance with subparagraph 6,2,7,
8,3,2 Any claim for extension 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, Ifthe 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
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9,\,\ The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by
the Owner to the Contractor for performance of the Work under the Contract Documents,
9.2 Schedule of Values
9,2,\ 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 retainage if provided for elsewhere in the Contract Documents,
,\ 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 offthe 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 ofliens, claims security interests or encumbrances in favor
of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an
agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience ofthe 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,\, 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
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an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to
specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for
Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment
in the amount certified, However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will
not be a representation that the Construction Manager or Architect has (I) 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: (I) 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 II, 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.
,I 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 ofthe 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,
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9,6,5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9,6.2, 9,6,3 and
9.6.4,
9,6,6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy ofthe 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 11.3,1 and authorized by public authorities having jurisdiction over the Work, Such
partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents, When the Contractor
considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to
the Architect as provided under Subparagraph 9,8.2, Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld, The stage ofthe 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 ofthe 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 (I) 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 ofthe 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,
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
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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. Ifthe 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:
,I employees on the Work and other persons who may be affected thereby;
,2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;
,3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors,
10,2,2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or their protection from damage, injury or loss,
10,2,3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities,
10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property
qualified personnel.
10,2,5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10,2,1,2, 10.2,1,3, 10,2,1.4
caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses
10,2,1,2, 10,2,1,3 and 10,2,1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions Manager
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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 ofW ork 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 ofthe actual insurance policy
11,1,5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by
this Contract.
11.1,6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from
any liability or obligation assumed under this contract or imposed by law,
11,1,8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional
Insured" on all policies, except for Worker's Compensation,
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11.1,9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -
owned property,
11,1,10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared
form entitled "Request for Waiver ofInsurance Requirements" and approved by the Monroe County's Risk Manager.
11.2Throughout 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, or by terms of an applicable special warranty
required by the Contract Documents, any ofthe Work is found to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner
has previously given the Contractor a written acceptance of such condition, This period of one year shall be extended with
respect to portions of Work first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work, This obligation under this Subparagraph 12,2,2 shall survive
acceptance ofthe 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,
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-24
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, Ifpayments 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 oflimitation 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.
13.3Written Notice
13,3,1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the
firm or entity or to an officer ofthe 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 St., Room 2-215
Key West, Florida 33040
01/2302 GENERAL CONDITIONS OF THE CONTRACT
00750-25
or hand delivered to the Construction Manager's office,
13.4 Rights and Remedies
\3.4.1 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,\ Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time, Unless
otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent
testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs
of tests, inspections and approvals, The Contractor shall give the Construction Manager and Architect timely notice of when
and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures,
The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received
or negotiations concluded,
13,5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of
the Work require additional testing, inspection or approval not included under Subparagraph \3 ,5 ,\, 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 \3,5,\ and \3,5,2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13,5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents,
be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect.
13,5,5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract
Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing,
13,5,6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.7Commencement of Statutory Limitation Period
13,7,1 The statute oflimitations applicable to this contact are as provided in Section 95,11 (3) (C), Florida Statutes,
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
\4,1.1 The Contractor may terminate the Contract ifthe 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
of the Work under contract with Contractor, for any of the following reasons:
,\ issuance of an order of a court or other public authority having jurisdiction;
,2 an act of government, such as a declaration of national emergency, making material unavailable;
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-26
.3 because the Construction Manager or Architect has not issued a certificate for Payment and has not notified the
Contractor of the reason for withholding certification as provided in Subparagraph 9.4,2, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14,3 constitute in the
aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day
period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as
required by Subparagraph 2,2,
14,1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for
proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages,
14,1,3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner,
Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14,1,2,
14.2 Termination by the Owner for Cause
14,2,1 The Owner may terminate the Contract if the Contractor:
,1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
,2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between
the Contractor and the Subcontractors;
,3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;
,or
.4 otherwise is guilty of substantial breach of a provision ofthe Contract Documents,
14,2,2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon
certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon
owned by the Contractor;
,2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
,3 finish the Work by whatever reasonable method the Owner may deem expedient.
14,2,3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2,1, the Contractor shall
not be entitled to receive further payment until the Work is finished,
14.2.4 If the unpaid balance ofthe 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,
01/2302
GENERAL CONDITIONS OF THE CONTRACT
00750-27
End Of Section
0112302
GENERAL CONDITIONS OF THE CONTRACT
00750-28
SECTION 00850
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We
, as Principal
and
, a corporation, as Surety, are bound
, herein called Owner, in the sum of
to
$
, 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
,20_, between Principal and Owner for construction of
Stock Island Roads II
Stock Island
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,
Dated
,2002,
(Name of Principal)
By
(As Attorney in Fact)
(Name of Surety)
End Of Section
01/23/02
PUBLIC CONSTRUCTION BOND
00850-1
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.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering
County-owned property.
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-1
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.
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-2
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in
the event an award is made to your firm. Please review this form with your insurance agent and have him/her
sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal.
WORKER'S COMPENSATION
AND
EMPLOYERS'LIABILITY
Workers' Compensation
Statutory Limits
X
Employers' Liability
Employers' Liability
Employers' Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
$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
$1,000,000/$1,000,000/$1,000,000
WCl
WC2
WC3
WCUSLH
WCJA
INSCKLST
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-3
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations
- Blanket Contractual
- Expanded Definition
of Property Damage
- Products and Completed Operations
- Personal Injury
Required Limits:
$ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
GLl
$ 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
GL2
GL3
GL4
x
$ 5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
x
Underground, Explosion and Collapse (XCU)
GLLIQ
Liquor Liability
Security Services_
GLS
All endorsements are required to have the same limits as the basic policy,
INSCKLST
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-4
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned; Nonowned; and Hired Vehicles
VLl
Required Limits:
VL2
VU
VL4
$ 50,000 per Person; $100,000 per Occurrence
$ 25,000 Property Damage
or
$ 100,000 Combined Single Limit
$ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
$ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
$1,000,000 Combined Single Limit
x
$ 5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BRl
MVC
PRO 1
PR02
PR03
POLl
POL2
POU
EDl
ED2
GKl
GK2
GK3
Builders'Risk
Motor Truck
Cargo shipment.
Limits equal to the completed project.
Limits equal to the maximum value of anyone
Professional
Liability
$ 250,000 per Occurrence / $ 500,000 Agg,
$ 500,000 per Occurrence / $ 1,000,000 Agg,
$1,000,000 per Occurrence / $ 2,000,000 Agg.
$ 500,000 per Occurrence / $ 1,000,000 Agg.
$1,000,000 per Occurrence / $ 2,000,000 Agg,
$5,000,000 per Occurrence / $10,000,000 Agg,
Pollution
Liability
Employee
Dishonesty
$ 10,000
$ 100,000
Garage
Keepers
$ 300,000 ($ 25,000 per Veh,)
$ 500,000 ($100,000 per Veh.)
$1,000,000 ($250,000 per Veh,)
INSCKLST
01/23/02
00900-5
SUPPLEMENTARY INSURANCE DOCUMENTS
MEDl 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
VLPl 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 1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 Errors & $ 500,000 per Occurrence/$l,OOO,OOO Agg.
AE03 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
EOl Engineers $ 250,000 per Occurrence/$ 500,000 Agg.
E02 Errors & $ 500,000 per Occurrence/$l,OOO,OOO Agg.
E03 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-6
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
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-7
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Stock Island Roads II
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:
$ 1,000,000 Bodily Injury by Accident
$ 1,000,000 Bodily Injury by Disease, policy limits
$ 1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire 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,
WC3
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-8
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT Stock Island Roads II
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:
$5,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the period
for which claims may be reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements,
GL4
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-9
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Stock Island Roads II
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 ofliability equal to those
of the General Liability Insurance Policy.
GLXCU
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-10
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT Stock Island Roads II
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:
$5,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$1,000,000 per Person
$5,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
VL4
01123/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-11
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.
01/23/02
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-12
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:
01/23/02
End Of Section
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-13
SECTION 01000
SPECIAL CONDITIONS
1.1 SCOPE
A. The Project consists of roadway improvements to Palm A venue known as Stock Island
Roads II which includes re-grading roadway shoulders, leveling, resurfacing, landscaping,
installation of drainage structures, and other related work as identified in Section 00300.
1.2 STANDARD DOCUMENTS
A. Construction shown on the Drawings 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 cut coated with 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.
01/23/02
SPECIAL CONDITIONS
01000-1
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 ifby 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, which 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 be required for this project.
1.9 SUBSURFACE INVESTIGATION
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,
SPECIAL CONDITIONS 01000-2
01123/02
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 7 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.
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.
SPECIAL CONDITIONS 01000-3
01/23/02
All utility access manholes, valves, fire hydrants, and letterboxes 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.
01/23/02
SPECIAL CONDITIONS
01000-4
APPENDIX A
Date:
Residents of: (list name of Street, Subdivision, and 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.)
-0[-
Public Works:
David S. Koppel, P.E.
County Engineer
Phone: 292-4426 (Key West)
01/23/02
SPECIAL CONDITIONS
01000-5
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01/23/02
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End Of Section
SPECIAL CONDITIONS
01000-6
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 plans 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.
Item 1 (00500) General Provisions
a. Measurement and payment of individual items for General Provisions shall
not be made, rather, all items shall be included in the lump sum price.
b. Payment for General Provisions shall 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.
01/23/02
MEASUREMENT AND PAYMENT
01025-1
Item 2
Item 3
Item 4
Item 5
(01000) Maintenance of Traffic:
a. Measurement and payment of individual items for Maintenance of Traffic
shall not be made, rather, all items shall be included in the lump sum price.
b. Payment for Maintenance of Traffic shall 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, and
as shown on the Drawings,
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), (01595), (02100), (02209), and (2210) Site Work
a. Measurement and payment of individual items for Site work shall not be
made, rather all items shall be included in the lump sum price.
b, Payment for Site work shall be made at the Contract lump sum price, which
price and payment shall be full compensation for temporary controls, clearing,
excavating, back filling and grading the area required for the construction of
the roadway, concrete, shoulders and bike path as called for in the
Specifications and shown on the Drawings.
(02951) Tree Trimming and Invasive Exotic Tree Removal
a. Measurement and payment for Invasive Exotic Tree Removal shall not be
made for each tree, rather, all items shall be included in the lump sum price.
b. Payment for Invasive Exotic Tree Removal shall 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 50 feet each direction from centerline of the road 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, Payment shall also be made at the lump
sum price for the alternate trimming of trees where applicable.
(02507) and (02513) Type S-III Asphalt Concrete Leveling Course
a. The quantity of Type S-III Asphaltic Concrete leveling course, 1/2" min.
thickness, to be paid for, shall be the plan quantity as bid unless modified in
the field.
01/23/02
01025-2
MEASUREMENT AND PAYMENT
Item 6
Item 7
Item 8
Item 9
b. Payment for Type S-III Asphaltic Concrete leveling course, 1/2"min, thickness,
shall be made at the Contract unit price per Square Yard, 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) and (02513) Type S-I1I Asphaltic Concrete Surface Course
a. The quantity of Type S-III Asphaltic Concrete Surface Course, one inch
compacted min, thickness, to be paid for, shall be the plan quantity as bid
unless modified in the field,
b, Payment for Type S-III Asphaltic Concrete Surface Course, one inch
compacted thickness, shall be made at the Contract unit price per Square
Yard, 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.
(02070) Removal of Excess Asphalt
a, The quantity of Excess Asphalt removal, to be paid for, shall be the plan
quantity as bid unless modified in the field.
b. Payment for the removal of Excess Asphalt, shall be made at the contract unit
price per Square Yard, which price shall be full compensation for labor,
equipment, transportation and all incidentals necessary to complete the item in
place.
(02232) and (02513) Limerock or Asphaltic Base Course
a. The quantity of Limerock or Asphaltic Base Course, to be paid for, shall be
the plan quantity as bid unless modified in the field.
b. Payment for Limerock or Asphaltic Concrete Base Course, minimum thickness
specified on drawings shall be made at the Contract unit price per Square Yard,
which price shall be full compensation for materials, labor, equipment, testing,
transportation, compaction and all incidentals necessary to complete the item in
place,
(02507) and (02513) Additional Leveling Course
a. The quantity of Additional Type S-III Asphaltic Concrete leveling course,
thickness as specified on drawings, to be paid for, shall be the plan quantity as
bid unless modified in the field,
b. Payment for Additional Type S-III Asphaltic Concrete leveling course,
thickness specified on drawings, shall be made at the Contract unit price per
Square Yard, 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.
01/23/02
01025-3
MEASUREMENT AND PAYMENT
Item 10
Item 11-23
(01400) Environmental Protection
A:
Turbidity Screen
a, The quantity of Turbidity Screen to be paid for, shall be the
quantity bid unless modified in the field,
b. Payment for Turbidity Screen shall 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.
(02580) Pavement Markings
11: 6" Solid Yellow Stripe (Thermo)
12: 6" Skip Yellow Stripe (Thermo)
13: 6" White Stripe (Thermo)
14: 24" White Stripe, Stopbar (Thermo)
15: 8" White Stripe (Thermo)
16: 12" White Stripe Bike Crossing (Thermo)
17: "Stop" Message (Thermo)
18: Temporary Striping
19: White Bike Lane Diamond (Thermo)
20 & 21: Right and Left Turn Arrows and "Only" Message (Thermo)
22 & 23: Blue and Amber Reflective Pavement Markers
A:
Items - 11, 12, 13, 14, 15 and 16 Striping
a, The quantity of Pavement Markings including 6" solid Yellow Line, 6", 8",
12", 18", 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 shall 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,
B: Item - 17 "Stop" Messages
a. The quantity of White "Stop" Messages to be paid shall be
the plan quantity unless modified in the field.
b. Payment for White "Stop" Messages shall 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.
C: Item - 18 Temporary Striping (Thermo)
a. Measurement and payment of individual items for Temporary Roadway
Striping shall not be made, rather, all items shall be included in the lump sum
pnce,
01/23/02
01025-4
MEASUREMENT AND PAYMENT
Item 24
Item 25
01/23/02
b. Payment for Temporary Roadway Striping shall be made at the contract lump
sum price, which price shall be full compensation for all labor, materials and
equipment necessary to complete this item,
D: Item - 19 White Bike Lane Diamond (Thermo)
a, The quantity of White Bike Lane Diamonds to be paid shall be the plan
quantity unless modified in the field.
b. Payment for White Bike Lane Diamonds shall 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.
E: Item - 20 & 21 Right & Left Turn Arrows & "Only" Message (Thermo)
a. The quantity of Pavement Arrows (Right and Left Turn) and "Only" messages
to be paid shall be the plan quantity unless modified in the field. The Arrow
and corresponding "Only" message together will be counted as one pay item.
b. Payment for Pavement Arrows and "Only" messages shall be made at the
contract unit price per item, which price shall be full payment for all materials,
tools, equipment, labor and work necessary to complete installation.
F: Item - 22 & 23 Blue and Amber Reflective Pavement Markers
a, The quantity of Blue and Amber Reflective Pavement Markers to be paid
shall be the plan quantity unless modified in the field.
b. Payment for Blue and Amber Reflective Pavement Markers shall be made at
the contract unit price per item, which price shall be full payment for all
materials, tools, equipment, labor and work necessary to complete installation.
(02720A) Injection Well With Structure
a. Measurement and Payment of individual items for the construction of
Injection Wells with Structures shall not be made, rather all items shall be
included in the lump sum price,
b. Payment for the construction of the Injection Wells shall be made at the
contract price each for the structures, which price shall be full compensation
for all materials, tools, equipment, labor and work necessary to complete the
item,
(02720A) Catch Basins
a. Measurement and Payment of individual items for the construction of
Catch
Basins shall not be made, rather all items shall be included in the Price
Each.
b,
Payment for the construction of the Catch Basins shall be made at the
contract
price each for the structures, which price shall be full compensation for
all materials, tools, equipment, labor and work necessary to complete
the item.
MEASUREMENT AND PAYMENT 01025-5
Items 26
Item 27
Item 28
Items 29
(02221) and (02720A) C900 PVC
a. The quantity of C 900 PVC Pipe to be paid for, shall be the quantity bid
unless modified in the field.
b, Payment for C 900 PVC Pipe shall 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.
(02720) Seepage Trench
a. The quantity of Seepage Trench to be paid for, shall be the
quantity bid unless modified in the field.
b. Payment for Seepage Trench shall 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.
(02720A) PVC Drain Basin and Grates
a. Measurement and Payment of individual items for the construction of
PVC Drain Basins and Grates shall not be made, rather all items shall
be included in the Price Each.
b. Payment for the construction of the PVC Drain Basins and Grates shall
be made at the contract price each for the structures, which price shall
be full compensation for all materials, tools, equipment, labor and work
necessary to complete the item.
(02221) and (02720A) Perforated Pipe
a.
The quantity of C 900 PVC and Perforated Pipe to be paid for, shall be the
quantity bid unless modified in the field.
b.
Payment for C 900 PVC and Perforated Pipe shall 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.
Items 30 and 32-34
(10425) Traffic Signs with Posts and Delineators
a.
The quantity of Traffic Signs, Posts, Additional signposts, Sign Removal, and
Sign Relocation to be paid shall be the plan quantities unless modified in the
field,
b.
Payment for Traffic Signs, Posts, Additional Sign Posts, Sign Removal, and
Sign Relocation shall be made at the contract unit price per sign or post,
which price shall be full compensation for all materials, equipment, labor and
work necessary to complete the items.
01123/02
01025-6
MEASUREMENT AND PAYMENT
Item 31
Item 35
Item 36
Items 37
(10425) Object Markers
a. The quantity of the Flexible Delineators, to be paid for, shall be the plan
quantity as bid unless modified in the field.
b, Payment for Flexible Delineators shall be made at the contract unit Price Each
which price shall be full compensation for all work specified including all
materials, labor, equipment, transportation and all incidentals necessary to
complete the item.
(02521) and (03000) Construction of Sidewalks, Ramps, Curbs and Swale.
a. The quantity of the Construction of Sidewalks, Ramps, Curbs, and Swale to be paid
for, shall be the plan quantity as bid unless modified in the field.
c. Payment shall be made at the Contract unit price per Lump Sum, which price
shall be full compensation for all work specified including all materials, labor,
equipment, testing transportation and all incidentals necessary to complete the
item,
(02271) Rip Rap
a. Measurement and payment of individual items for the construction of Rip Rap shall
not be made, rather, all items shall be included in the lump sum price.
b, Payment will be made at the Contract unit price per Lump Sum, which price
shall be full compensation for all work specified including all materials, labor,
equipment, testing transportation and all incidentals necessary to complete the
item
(02070) Removal of Concrete
a. Measurement and payment of individual items for the construction of Concrete
Swale, Slab, Curbs, Sidewalks, and Ramps shall not be made, rather, all items
shall be included in the lump sum price.
b. Payment will be made at the Contract unit price per Lump Sum, which price
shall be full compensation for labor, equipment, transportation and all
incidentals necessary to complete the item in place.
End Of Section
01/23/02
01025-7
MEASUREMENT AND PAYMENT
SECTION 01027
APPLICATION 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
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,
e. Submit an updated construction and submittal schedule and a partial release of lien with each
Application for Payment.
01/23/02
APPLICATION FOR PAYMENT
01027-1
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.
01/23/02
APPLICATION FOR PAYMENT
01027-2
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01027-3
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APPLICATION FOR PAYMENT
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01/23/02
01027-4
APPLICA nON FOR PAYMENT
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO,:
PERIOD ENDING DATE:
APPLICATION DA TE:_
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 ofthe undersigned, as adjusted by all increases and decreases, is in the amount of $
_, as of the date of the Partial Release and the undersigned has received
$ as payment on the adjusted contract amount as of the date of this Partial Release,
THAT all supplies of labor, material, or services furnished to or for the benefit of the undersigned for improvement to the
subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the
subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the
reason for non-payment: (Ifnone, write "NONE")
CLAIMANT
AMOUNT DUE
AMOUNT CLAIMED
REASON FOR NONPAYMENT
THA T 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,
THA T 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
01/23/01
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, doe 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:
01/23/01
APPLICATION FOR PAYMENT
01027-6
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
Stock Island Roads II
(Address)
Stock Island, Monroe County, Florida
TO: (Owner)
B,O,C.C. Monroe County, Florida
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 of the 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
01/23/01
APPLICATION 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
A20 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: (Ifnone, write "None". Ifrequired by the Owner, the Contractor shall furnish bond satisfactory to the
Owner for each exception),
SUPPORTING DOCUMENTS ATTACHED
HERETO:
CONTRACTOR:
I.
Consent of Surety to Final Payment.
Whenever Surety is involved, Consent of
Surety is required. AlA DOCUMENT
G707, CONSENT OF SURETY, may be
used for this purpose, Indicate
attachment: yes ( )no (
By:
Address:
The following supporting documents should be
attached hereto if required by the Owner:
Subscribed and sworn to before me this
day of
I . Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
2.
Separate Releases or Waivers of Liens
from Subcontractors and material and
equipment suppliers, to the extent required
by the Owner, accompanied by a list
thereof
Notary Public:
3. Contractor's Affidavit or Release of Liens
(AlA DOCUMENT G706A),
My Commission Expires:
01/23/01
01027 -8
APPLICATION 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 completc in accordancc with the Contract Documcnts so
the Owner can occupy or utilize the Work for its intended use. Thc datc of Substantial Completion of the Project or
portion thereof designated above is hercby cstablished as
which is also thc date of commcncement of applicable warranties required by the Contract Documcnts, cxccpt as
statcd 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 th~ Work on the list of items attached hcreto within thc above date of
Substantial Completion,
CONTRACTOR
BY
DATE
Thc Owner accepts the Work or designated portion thereof as substantially completc and will assume full possession
thercof at (time), on
(date).
OWNER
BY
DATE
The responsibilities of the Owner and the Contractor for security, maintenance, hcat, utilitics, damage to the Work
and insurance shall bc
as follows:
Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and
coveraKe.
01/23/01
01027-9
APPLICATION FOR PAYMENT
End Of Section
01123/01
01027-10
APPLICATION FOR PAYMENT
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
e. 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
01123/01
SUBMITTALS
01301-1
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 re-submittal.
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.
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
01/23/01
SUBMITTALS
01301-2
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 re-submittal.
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.
e. 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
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,
01/23/0 1
SUBMITTALS
01301-3
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 ofthe Contract.
End Of Section
01/23/01
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.
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.
01/23/02
ENVIRONMENTAL PROTECTION
01400-1
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 is 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,
1.8 USE OF EXPLOSIVES
No blasting of any kind shall be done and the storage of any explosives on the job site will not be allowed,
End of Section
01/23/02
ENVIRONMENTAL PROTECTION
01400-2
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.
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
01/23/02
TEMPORARY CONTROLS
01560-1
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.
I. Do not burn 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
01/23/02
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 ofthe Contractor.
C. Submit a separate request for each substitution. Support each request with the following
information:
1. Complete data substantiating compliance of proposed substitution with requirements
stated in Contract Documents:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature, identifying:
1. Product description.
2. Reference standards.
3. Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has been used and
date of each installation.
2. Itemized comparison of the proposed substitution with product specified, listing
significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of replacement materials.
D. Substitutions will not be considered for acceptance when:
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.
01/23/02
POST -BID SUBSTITUTIONS
01630 -1
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.
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.
01/23/02
POST -BID SUBSTITUTIONS
01630 -2
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.
For use by the County Engineer:
_ Approved _ Not Approved _ Approved as Noted
Insufficient Data Received
By
Date
Fill in Blanks Below:
01/23/02
POST-BID SUBSTITUTIONS
01630-3
A. Does the substitution affect dimensions shown on Drawings?
Yes _ No _ If yes, clearly indicate changes.
B. Will the undersigned pay for changes to the building design, including engineering
and detailing costs caused by the requested substitution?
Yes _ No _ If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same
Different.
Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations:
H.
This substitution will amount to a credit or extra cost to the Owner of:
dollars ($
).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
End of Section
01/23/02
POST -BID SUBSTITUTIONS
01630 -4
Technical Specifications
Section 02070 Selective Demolition
Section 02100 Site Preparation
Section 02209 Re-Grading Roadway Shoulders
Section 02210 Site Grading
Section 02221 Trenching, Backfilling, Compacting,
and Laying PVC Piping
Section 02232 Limerock Base
Section 02271 Sand-Cement Rip Rap
Section 02507 Prime and Tack Coats
Section 02513 Type S-III Asphaltic Surface,
Leveling and Base Course
Section 02580 Pavement Markings
Section 02720A Storm Drainage Structures, Pipe and
Fittings
Section 02720 Seepage Trench
Section 02725 Storm Drainage Pipes/Trenches
Section 02951 Tree Trimming/Removal
Section 03000 Concrete (Sitework)
Section 10425 Traffic Sign Specification
SECTION 02070
SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions.
1.2 SUMMARY
A. This section requires the Selective Demolition, removal and subsequent offsite disposal ofthe
materials.
1.3 SUBMITTALS
A. Provide minimum of 72 hours advance notice to County Engineer of selective demolition
activities.
B. Photographs of existing site conditions are not required, but recommended so that any damage
to surrounding area, will not be misconstrued as damage related to the selective demolition
and removal operations.
1.4 JOB CONDITIONS
A. County assumes no responsibility for actual condition of items or structures to be demolished.
B. Protection: provide temporary barricades and other forms of protection to Protect personnel
and general public from injury due to the selective demolition work.
C. Damages: Promptly repair damages caused to adjacent facilities and site by selective
demolition work.
D. Traffic: Conduct selective demolition operations and debris removal to ensure minimum
interference with roads, streets, walks, and other adjacent facilities.
1. Do not close, block, or otherwise obstruct streets, walks, or other adjacent occupied
facilities without written permission from authorities having jurisdiction. Provide
alternate routes and flagmen around closed or obstructed traffic ways as required.
E. Flame Cutting: Do not use cutting torches for removal until work area is cleared of flammable
materials.
F. Utility Services: Maintain existing utilities and protect them against damage during
demolition.
G. Environmental Controls: Use water sprinkling and any other methods to limit dust and dirt
migration. Comply with governing regulations pertaining to environmental protection.
I. Do not use water when it may create hazardous or objectionable conditions such as
flooding, and pollution.
01/23/02
SELECTIVE DEMOLITION
02070-1
PART 3 - EXECUTION
3.1 PREPARATION
A. General: Cease operations immediately if any unforeseen problems arise and notify the
County Engineer immediately.
3.2 DEMOLITION
A. General: Perform selective demolition work in a systematic manner. Use such methods as
required to complete work indicated on Drawings in accordance with demolition schedule and
governing regulations.
1. Demolish in small sections. Remove or stock pile in approved areas and remove to
authorized dump site.
B. In unanticipated mechanical, utilities, or other conflicts arise in connection with performing
the work, investigate and measure both nature and extent of conflict. Contact immediately
verbally and then Submit report to County Engineer in written, accurate detail. Pending
receipt of directive from County Engineer, rearrange demolition schedule as necessary to
continue overall job progress without undue delay.
3.3 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove site debris, rubbish, and other materials resulting from demolition operations.
Transport and legally dispose off site.
I. If hazardous materials are encountered during demolition operations, comply with
applicable regulations, laws, and ordinances concerning removal, handling, and
protection against exposure of environmental pollution.
2. Burning of removed materials is not permitted on project site.
3.4 CLEAN-UP AND REPAIR
A. General: Upon completion of demolition work, remove tools, equipment, and demolished
materials from site. Remove protection methods and leave exterior site of project in a clean
manner.
B. Repair demolition performed in excess of that required. Return elements of construction and
surfaces to condition existing prior to start of operations. Repair adjacent construction or
surfaces damaged by demolition work.
End of Section
01/23/02
SELECTIVE DEMOLITION
02070-2
SECTION 02100
SITE PREPARATION
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Clearing and grubbing of entire site.
1.2 PROJECT CONDITIONS
A. Contractor shall notify all pertinent utility companies 48 hours prior to digging for location of
underground utility lines.
B. Contractor shall, at his own expense, immediately repair all materials damaged during site
preparation procedures to the satisfaction of the County Engineer.
C. Contractor shall conduct site preparation operations to ensure minimum interference with
roads, streets, walks, and other adjacent occupied facilities.
D. Provide protection of existing Trees and Vegetation. Protect existing trees and other
vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of
roots, skinning or bruising of bark, and smothering of trees by stockpiling construction
materials or excavated materials upon trees within drip line, excess foot or vehicular traffic, or
parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation
to be left standing.
1. Water trees and vegetation to remain within limits of contract work as required to
maintain health during course of construction work.
2. Provide protection for roots over 1-1/2 inch diameter that are cut during construction
operations. Coat cut faces with an emulsified asphalt, or other acceptable coating
formulated for use on damaged plant tissues. Temporarily cover exposed roots with
wet burlap to prevent roots from drying out; cover with earth as soon as possible.
3. Repair or replace trees and vegetation indicated to remain which are damaged by
construction operations, in a manner acceptable to the County Engineer.
4. Replace trees which cannot be repaired and restored to full-growth status, as
determined by Arborist.
PART 2 - MATERIALS
2.1 OTHER MATERIALS
A. Provide all other materials, not specifically described but required for proper completion of
the work of this Section, subject to review of the County Engineer.
PART 3 - EXECUTION
01/23/02
SITE PREPERATION
02100-1
3.1 PREPARATION
A. Notify County Engineer two (2) full working days prior to commencement of work of this
section.
B. Materials to be removed other than Owner salvaged or Owner retained shall be the sole
responsibility of Contractor and must be removed from the site by the Contractor.
c. Verify with the County Engineer prior to the removal and disposal of any materials involved
in the demolition process.
3.2 CLEARING, GRUBBING AND EXCAVATION
A. Clear site of trees, shrubs, and other vegetation, except for those indicated to be left standing.
B. Completely remove stumps, roots, and other debris protruding through ground surface.
C. Use only hand methods for grubbing inside drip line of trees indicated to remain.
D. Completely fill depression as detailed below resulting from clearing and grubbing operations
as determined by the County Engineer. Match existing grades and provide site drainage to the
satisfaction of the County Engineer.
1. Use satisfactory soil materials as defined in ASTM D 2847, consisting of stone, gravel
and sand, free from debris, trash, roots, and other organic matter.
2. Prior to placement of fill materials, ensure that areas to be filled are free of standing
water, trash, and debris.
3. Place fill materials in horizontal layers not exceeding 6 inches in loose depth.
Compact each layer at optimum moisture content of fill material to a density equal to
original adjacent ground, but not less than 90 percent density when tested in
accordance with ASTM D 1556, unless subsequent excavation for new work is
required.
E. Dispose of all material off-site.
F. Additional obstructions exposed as the result of clearing operations shall be removed.
3.3 DISPOSAL OF WASTE MATERIALS
A. Burning on site will not be permitted. All organic debris shall be removed from site.
B. Remove waste materials and unsuitable or excess topsoil from site and legally dispose off site.
End of Section
01/23/02
SITE PREPERA TION
02100-2
SECTION 02209
RE-GRADING ROADWAY SHOULDERS
PART I - 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 as shown on the Drawings. 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 I 1/2-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 as shown on the Drawings.
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.
RE-GRADING ROADWAY SHOULDERS 02209-1
01/23/02
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 shown on the Plans.
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.
D. Density Tests: None required.
End of Section
01/23/02
RE-GRADING ROADWAY SHOULDERS
02209-2
SECTION 02210
SITE GRADING
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Rough Grade for Sod, Clay, Parking, Play, Pathways and Building construction areas.
B. Rough Grade for drainage plan as shown on the Drawings.
1.2 EXISTING CONDITIONS
A. Known underground, surface and aerial utility lines and buried objects are indicated on the
Drawings.
1.3 PROTECTION
A. Protect bench marks and existing structures, fences, from equipment and vehicular traffic.
B. Protect aerial, surface, or underground utility lines or appurtenances which are to remain.
C. Repair damage.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Excavated fill material: Soil free from roots, rocks larger than I %".
B. Additional fill material: AASHTO Designation M145, soil classification group.
PART 3 - EXECUTION
3.1 PREPARATION
A. Before start of grading, Contractor shall notify all pertinent utility companies 48 hours prior to
digging for location of underground utility lines. Establish the location and extent of utilities
in the work areas.
B. Maintain all warning signs, barricades, flares, and red lanterns as requires by the safety orders
of any local codes and ordinances.
C. Grade surfaces to assure areas drain away from structures and clay areas and to prevent
ponding and pockets of surface drainage. Provide sub-grade surfaces free from irregular
surface changes.
3.2 ROUGH GRADING
A. Rough grade site to required levels ready for finish grading and surface treatment. Add
materials as necessary. Maintain the following:
01/23/02
SITE GRADING
02210-1
1. Sod areas - 4 inches below finished grade.
2. Clay areas - 4 inches below finished grade.
3. Paved areas - 6 inches below finished grade.
4. Playground area - 12 inches below finished grade.
3.3 SURPLUS MATERIAL
A. Remove surplus material from site.
End of Section
01/23/02
SITE GRADING
02210-2
SECTION 02221
TRENCHING, BACKFILLING, COMPACTING AND LAYING
PVC PIPING
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The Work included in this Section consists of clearing, excavating, grading, back filling and
compacting as required for the construction of the PVC piping systems and appurtenances as
shown on the Drawings and specified herein.
PART 2 -PRODUCTS
2.1 PVC PIPING: C900
A. Pipe Compound: The pipe shall be extruded from compounds meeting (PVCI120) the
requirements of Cell Classification 12454-B, as defined in ASTM D 1784, Standard
Specificationfor Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl
Chloride) (CPVC) Compounds.
B. Pipe: The pipe shall be manufactured in accordance with A WW A C900-97.
C. The Pipe size shall be 12 inch (nominal) with a minimum wall thickness of 0.733 inches.
2.2 BEDDING MATERIAL
A. Bedding material for use below the water table or in wet trenches shall be pea rock, drainfield
limerock or similar material as approved by the County Engineer. Pipe bedding material for
use in dry trenches shall be limerock screenings, sand or other fine inorganic material as
approved by the County Engineer.
2.3 ADDITIONAL BACKFILL MATERIAL
A. Additional backfill material shall be a noncohesive, nonplastic granular mixture of local sand
and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or
rocks shall be larger than 3-inches in diameter, and when placed within I-foot of piping and
appurtenances, stones or rocks shall be no larger than 2-inches in diameter and I-inch for
PVc.
PART 3 - EXECUTION
3.1 CLEARING
A. The Contractor shall perform all clearing necessary for the proper installation of all piping in
the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures
subject to damage resulting from the excavation shall be transplanted, relocated, braced,
shored or otherwise protected and preserved unless otherwise directed by the County
Engineer.
01/23/02
TRENCHING, BACKFILLING AND COMPACTING
02221-1
3.2 EXCAVATION
A. The Contractor shall perform all excavation of every description and of whatever substances
encountered, to the dimensions and depth shown on the Drawings, or as directed. All
excavations shall be made by open cut. All existing utilities such as pipes, poles and
structures shall be carefully supported and protected from injury, and in case of damage, they
shall be restored at no cost to the Owner.
B . Trench walls shall be kept vertical, and, if required to protect the safety of workmen, the
general public, this or other work or structures, or to maintain trench widths within the limits
hereinafter specified, shall be properly sheeted and braced. Where work sheeting or certain
designs of steel sheeting are used, the sheeting shall be cut off at a level2-feet above the top
of the installed pipe and that portion below that level shall be left in place. If interlocking
steel sheeting is used, it may be removed providing removal can be accomplished without
disturbing the bedding, pipe or alignment of the pipe. Any damage to the pipe bedding, pipe or
alignment of the constructed utility caused by removal of sheeting shall be cause for rejection
of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of
pipe laying operations at one time unless a greater length of open trench is approved by the
County Engineer.
C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property
line restrictions, existing adjacent improvements, including pavements, structures and other
utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose
of the excavated material. A substantially and safely constructed movable shield, "box" or
"mole" may be used in place of sheeting when the trench is opened immediately ahead of the
shield and closed immediately behind the shield as pipe laying proceeds inside the shield.
D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches.
E. For utility lines shall be excavated Pipe trenches to a width within the limits of the top of the
pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel,
measured to the face of the excavation or sheeting, if used, of 8-inches to 12-inches. Where
the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe
trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe
barrel.
F. Materials removed from the trenches shall be stored and disposed of in such a manner that
they will not interfere unduly with traffic on public streets and sidewalks and they shall not be
placed on private property. In congested areas, such materials as cannot be stored adjacent to
the trench shall be removed to convenient places of storage.
3.3 REMOVAL OF WATER
A. It is a basic requirement of these specifications that excavations shall be free from water before
pipe or structures are installed. However, it is realized that in certain sections of the work, this
cannot be accomplished economically and the Contractor may elect to use the Alternate Method
of Construction.
B. The Contractor shall provide all necessary pumps, underdrains, well-point systems, and other
means for removing water from trenches and other parts of the work. The Contractor shall
continue dewatering operations until the backfill has progressed to a sufficient depth over the
pipe to prevent flotation or movement of the pipe in the trench and so that it is above the
natural water table.
01/23/02
TRENCHING, BACKFILLING AND COMPACTING
02221-2
C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause
injury to public health, to public or private property, to the work completed or in progress, to the
surface of the streets, or cause any interference with the use of the same by the public. The
Contractor shall submit his proposed methods of handling trench water and locations at which the
water will be disposed of to the County Engineer for approval and shall receive approval before
starting the excavation.
3.4 PIPE BEDDING
A. As described above, all pipe trenches shall be excavated to a level 8-inches below the outside
bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with the
approved pipe bedding material, up to the level of the lower one-third of the proposed pipe
barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe
and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all
fittings to furnish adequate support and bearing under the fitting. Bedding material for piping
shall be pea rock, drainfield limerock, or similar materials as approved by the County
Engineer. Limerock screenings, sand or other fine inorganic material from the excavation
may be used for bedding material when pipe is installed above the natural water table.
B. Any excavation below the levels required for installation of the pipe bedding, except for
"Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding
material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no
additional cost to the County.
3.5 TRENCH STABILIZATION
A. No claim for extras, or additional payment will be considered for cost incurred in the
stabilization of trench bottoms which are rendered soft or unstable as a result of construction
methods, such as improper or inadequate sheeting, dewatering or other causes. In no event
shall pipe be installed when such conditions exist and the Contractor shall correct such
conditions so as to provide proper bedding or foundations for the proposed installation at no
additional cost to the County.
3.6 BACKFILL
A. Backfilling of pipe trenches will not be allowed until the work has been approved by the
County Engineer, pressure tested if required, and the County Engineer indicates that
backfilling may proceed. Any Work which is covered or concealed without the knowledge
and consent of the County Engineer shall be uncovered or exposed for inspection at no cost to
the County.
B. Backfill material shall be noncohesive, nonplastic material free of all debris, organic material,
lumps, clods and broken paving. Backfill material placed within I-foot of piping and
appurtenances shall not contain any stones or rocks larger than I-inches in diameter for PVC
and no stones or rocks larger than 2-inches in diameter will be permitted in any backfill.
C. Selected backfill material containing no stone or rocks larger than I-inches shall be placed in 6-inch
layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Care shall be taken
to preserve the alignment and gradient of the installed pipe.
D. After the backfill has been placed to a level 12-inches over the waterline, the remainder of the
backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical
01/23/02
TRENCHING, BACKFILLING AND COMPACTING
02221-3
vibrators or other suitable equipment to obtain a density of the backfilled material of not less
than 95 percent of its maximum density as hereinafter defined.
E. No more than SOO-feet of trench with pipe in place shall be partially backfilled at any time.
3.7 COMPACTION AND DENSITIES
A. The Contractor shall compact trenches to a solid, uniform depth. Inspections will be made at
locations selected by the County Engineer and reports submitted before payment will be made.
Trench backfill which is not solid and uniform in depth shall be reworked and recompacted at
no expense to the County.
3.S ADDITIONAL EXCA VA TION AND BACKFILL
A. Where organic material, such as roots, muck, or other vegetable matter, or other material
which, in the opinion of the County Engineer, will result in unsatisfactory conditions, is
encountered below the level of the proposed pipe bedding material, it shall be wholly or
partially removed as directed by the County Engineer and wasted. Sheeting shall be installed
if necessary to maintain pipe trenches within the specified limits. The resulting excavation
shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and
compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient
compaction of this material shall be performed to protect the proposed pipe against settlement.
Construction shall then proceed in accordance with Article 3.4 - Pipe Bedding.
B. Additional excavation shall be performed only when ordered by the County Engineer. Where
organic or other unsuitable material is encountered in the excavation, the Contractor shall
bring the condition to the attention of the County Engineer and obtain his determination as to
whether or not the material will require removal, prior to preparing the pipe bedding.
C. Additional backfill material, if required, shall be furnished in accordance with the provisions
therefore in Article 3.6 Backfill.
End of Section
01/23/02
TRENCHING, BACKFILLING AND COMPACTING
02221-4
SECTION 02232
LIMEROCK BASE
P ART 1 - GENERAL
1.1 WORK INCLUDED
A. The work specified in this Section consists of the construction of a base course composed of
limerock. Base Course shall be constructed upon the prepared sub-grade in accordance with
these specifications and in conformity with the lines, grades, notes and typical cross sections
shown on the Drawings. All areas of construction shall be treated with a herbicide to prevent
re-growth.
1.2 QUALITY ASSURANCE
A. Laboratory analysis shall be complete, and the material accepted by the County Engineer prior
to placement.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Source: The material used in limerock base courses shall be material classified as either
Miami Oolite Formation or Ocala Formation at the Contractor's option; however, only one
formation may be used on any contract.
B. Composition:
1. The limerock material shall contain 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.
2. Limerock material shall contain not less than 70 percent of carbonates of calcium and
magnesium. The maximum percentage of water sensitive clay material shall be 3.
C. Gradation: At least 97 percent (by weight) of the material shall pass a 3-1/2-inch sieve and the
material to 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 road.
D. Quality:
1. The limerock material shall be uniform in quality and shall not contain cherty or other
extremely hard pieces or lumps, balls or pockets of sand or clay size material in
sufficient quantity as to be detrimental to prevent proper bonding, finishing or strength
of the limerock base. Limerock material shall be non-plastic, and the liquid limit shall
not exceed 35.
2. Limerock material shall have an average LBR value of not less than 100.
PART 3 - EXECUTION
3.1 GENERAL
01/23/02
LIMEROCK BASE
02232-1
A. Equipment: All equipment necessary for the proper construction of the work shall be on the
project, and in first-class working condition.
B. Limits of Construction: The Contractor shall construct the base to the full width shown on the
Drawings.
3.2 PERFORMANCE
A. Excavation: The area in which the widening is to take place and the lime rock base is to be
placed shall be excavated to the depth and dimensions shown in the Drawings. The
underlying sub-grade shall be compacted sufficiently to assure that no distortion will occur
with the placement of the limerock base.
B. Transporting Limerock: The limerock shall be transported to the point where it is to be used,
over rock previously placed if practicable, and dumped on the end of the preceding spread.
No hauling over the sub-grade or dumping on the sub-grade shall be done.
C. Spreading Limerock:
1. The limerock shall be spread uniformly, and all segregated areas offine or coarse rock
shall be removed and replaced with well-graded rock.
2. When the specified compacted thickness of the base is greater than 8-inches, the base
shall be constructed in two courses. The thickness of the first course shall be
approximately one-half the total thickness of the finished base, or enough additional to
bear the weight of the construction equipment without disturbing the sub-grade.
D. Compacting and Finishing Base:
1. General:
a. For single course base, prior to spreading, the specific section requiring base
shall be scarified and then shaped so as to produce the required grade and
cross section after compaction.
b. For double course base, the first course shall be cleaned of foreign material,
bladed & brought to a surface cross section approximately parallel to that of
the finished base. Prior to the spreading of material for the upper course, the
density tests for the lower course shall be made and the County Engineer shall
have determined that the required compaction has been obtained. After the
spreading of material for the second course is completed, its surface shall be
finished & shaped so as to produce the required grade & cross section after
compaction and free of scabs & laminations.
2. Moisture Content: When the material does not have the proper moisture content to
insure the required density, wetting or drying will be required. If the material is
deficient in moisture, water shall be added and uniformly mixed in by discing the base
course to its full depth. If the material contains an excess of moisture, such excess
shall be reduced or removed until the required moisture is attained before being
compacted. Wetting or drying operations shall involve manipulation of the entire
width and depth ofthe base as a unit.
3. Density Requirements: As soon as proper conditions of moisture are attained, the
material shall be compacted to a density of not less than that currently existing on the
compacted surface.
4. Density Tests:
01/23/02
LIMEROCK BASE
02232-2
a. During final compacting operations, if blading of any areas is necessary to
obtain the true grade and cross section, the compacting operations for such
areas shall be completed prior to making the density determinations on the
finished base.
b. At least one density determination shall be made at each location where
limerock is placed on each day's final operations on each course, & the
density determinations shall be made at more frequent intervals if deemed
necessary by the Engineer.
5. Correction of Defects:
a. If at any time the unsuitable material should become mixed with the base
course material, the Contractor shall dig out and remove the mixture, reshape
and compact the sub-grade and replace the materials removed with clean base
material, which shall be shaped and compacted as specified above.
b. If cracks or checks appear in the base, either before or after priming, which in
the opinion of the Engineer would impair the structural efficiency of the base
course, the Contractor shall remove such cracks or checks by re-scarifying,
reshaping, adding base material where necessary and re-compacting.
E. Testing Surface: The finished surface of the base course shall be sufficient so that when the
asphalt surface course is applied, no irregularities exist or appear after traffic is placed on the
final surface. All irregularities shall be corrected by scarifying & removing or adding
limerock as may be required, after which the entire area shall be re-compacted as specified
herein before.
F. Thickness Determinations: The thickness ofthe compacted limerock base shall vary to
achieve the final elevations as shown on the plans.
G. Priming and Maintaining:
1. The prime coat shall be applied only when the base meets the specified density
requirements and the moisture content in the top half of the base does not exceed 90
percent of the optimum moisture content of the base material. At the time of priming,
the base shall be firm and unyielding.
2. The Contractor will be responsible for assuring that the true crown and grade is
maintained with no rutting or other distortion and that the base meets all the
requirements at the time the surface course is applied.
End of Section
01/23/02
LIMEROCK BASE
02232-3
SECTION 02271
SAND-CEMENT RIP RAP
PART 1 - GENERAL
1.1 Work Included
A. The work covered by this Section consists of furnishing all plant, labor and materials and
performing all operations necessary for constructing sand-cement riprap structures to the lines,
grades and dimensions shown on the Drawings.
PART 2 - PRODUCTS
2.1 Material
A. Portland Cement: The Portland cement used in sand-cement riprap will not be subject to
tests, provided it is from an approved source and is the product of an established and reputable
manufacturer.
B. Fine Aggregate:
I. The fine aggregate shall be graded so as to fall within the following limits:
Passing
Percent
No.4 sieve. . . . . . . . Minimum 97
No. 100 sieve. . . . . .. Maximum 20
No. 200 sieve. . . . . " Maximum 5
c.
Sacks:
1. The sacks shall be made of jute, cotton or scrim reinforced paper and shall hold the
sand-cement mixture without significant leakage when handled. The sack material shall be permeable
and absorptive enough to permit passage of sufficient water to provide for hydration of the cement.
The paper used in sacks shall be non-asphaltic laminated with polyester fiber scrim reinforcement in a
three-way directional pattern, shall have an embossed finish and shall be perforated by pins
approximately 3/32-inch in diameter on approximately one-inch centers (perforations must extend
continuously through the entire wall). The sacks shall be of uniform size and dimensions, in order to
provide uniformity of lines in the completed work. They shall be free from holes and strong enough to
stand handling without ripping or splitting. Only one type and size of sack shall be used at anyone
structure.
D. Geotextile Filter Fabric:
I. The geotextile filter fabric shall be a pervious sheet of monofilament yarn woven
or non-woven having a uniform pattern with distinct and measurable openings.
2. The plastic yarn shall consist of a long-chain synthetic polymer composed of at
least 85 percent by weight of propylene, ethylene or vinylidenechloride, and shall
contain stabilizers and/or inhibitors added to the base plastic to make the filaments
resistant to deterioration due to ultra-violet and heat exposure.
03/01/02
SAND-CEMENT RIP RAP
02271-1
3. The fabric shall be calendered or otherwise finished so that the yarns will retain
their relative position with respect to each other. The edges of the fabric shall be
salvaged or otherwise finished to prevent the outer yard from pulling away from the
fabric.
4. The fabric shall conform to or exceed the requirements for Riprap Filter as
specified in Table I, Section 985 ofthe Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, 1999.
P ART 3 - EXECUTION
3.1 Installation
A. Foundation Preparation
1. Areas on which filter fabric and boulder riprap is to be placed shall be shaped to
conform with the cross sections, lines and grades to match existing riprap or as shown
on the Drawings. The areas shall be free from mounds, debris and projections.
B. Filter Fabric:
I. The geotextile filter fabric shall be loosely laid (not stretched) over the finish
graded areas.
2. Longitudinal and transverse joints shall be overlapped a minimum of three (3)
feet. Full rolls shall be used wherever possible to minimize the number of joints.
3. Any filter fabric damaged or displaced before or during placement of rip rap shall
be replaced or repaired. With the acceptance of the County Engineer, torn or
punctured areas of the fabric shall be repaired by placing a filter fabric patch over the
damaged area. The patch shall be large enough to overlap a minimum of three (3) feet
in all directions.
4. The filter fabric shall be anchored in place in accordance with manufacturer's
recommendations.
C. Tie Pins:
1. Pins shall be No.4 undeformed bars conforming to requirements of ASTM
Designation A 615, Grade 40.
3.2 Performance
A. Placing: The filled sacks shall be placed with their tied or folded ends all in the same
direction unless otherwise shown on the Drawings. The sacks shall be laid with broken joints
and, where so directed by the County Engineer, header courses shall be laid in order to tie the
units together. The sacks shall be rammed or packed against each other so as to form a close
and molded contact after the sand and cement mixture has set up. Sacks ripped or torn in
placing shall be removed and replaced with sound, unbroken sacks. All sacks shall then be
thoroughly wetted and kept continuously wet for a period of not less than 3 days to insure
penetration of moisture and complete hydration of the cement.
03/01/02
SAND-CEMENT RIP RAP
02271-2
B. Grouting: After the wetting, all openings between sacks above the water surface shall be
filled with grout composed of one part Portland cement and three parts sand.
End of Section
03/01/02
02271-3
SAND-CEMENT RIP RAP
SECTION 02507
PRIME AND TACK COATS
PART 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 MSl except that the penetration range shall be
from 60-120.
(2) Emulsified Asphalt SS-1 or CSS-I, SS-IH diluted in equal proportions
with water and shall meet the requirements of AASHTO Specification
M20S.
(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 M20S.
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 of 2-inches. The outside nozzle at each end ofthe
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 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
01/22/02
PRIME AND TACK COATS
02507-1
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.
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 O.OS 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.
01/22/02
PRIME AND TACK COATS
02507-2
End of Section
01/22/02
02507-3
PRIME AND TACK COATS
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 shown
on the plans. 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.
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.
01/23/02
ASPHALTIC SURF ACE, LEVELING AND BASE COURSE
02513-1
Gradation Design Range Percent by Weight Passing
Sieve Size
1/2-inch (12.5mm)
3/8-inch ( 9.5 mm)
No.4 (4.75mm)
No. 10 (2.0 mm)
No. 40 (425 ~m)
No. 80 (180 !lill)
No. 200 ( 75 ~m)
Gradation Design Range
% by Weight Passing TY1'e 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. Thejob 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.
PART 3 - EXECUTION
3.1 APPLICATIONS
A. Bike Path: l-II2" Surface Course Type S-III
B. Roads: Yz" Leveling Course Type S-III from Station 21 + 17 to 42+65
I" Surface Course Type S-III from Station 21+ 17 to 42+65
2" Leveling Course Type S-III from Station I +00 to 21 + 17
2" Surface Course Type S-III from Station 1 +00 to 21 + 17
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 shown in the Plans. 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 shown in the Plans. 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.
o II23/02
ASPHALTIC SURFACE, LEVELING AND BASE COURSE
02513-2
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.
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 ofthe 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.
01/23/02
ASPHAL TIC SURFACE, LEVELING AND BASE COURSE
02513-3
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 of lubricating 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.
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.
01/23/02
ASPHALTIC SURF ACE, LEVELING AND BASE COURSE
02513-4
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 shown on the Drawings 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
01/23/02
ASPHAL TIC SURFACE, LEVELING AND BASE COURSE
02513-5
SECTION 02521
CONCRETE SIDEWALK
PART 1 - GENERAL
1.1 DESCRIPTION
A. The work included in this section consists offumishing all materials, labor and equipment for
the construction of concrete sidewalk as shown on the Plans, described in the Specifications or
as necessary for the complete execution of the work.
1.2 MATERIALS
A. The concrete used for the construction of sidewalk shall be F.D.O.T. Class 1 and shall attain a
minimum compressive strength of 3,000 p.s.i. in twenty eight (28) days.
1.3 REFERENCE
A. Concrete sidewalk shall be constructed according to the Monroe County Standard
Specifications, Division B3.
1.4 SUBMITTALS
A. All materials specified shall be certified by the producer or manufacturer that the furnished
material meets the specific requirements of the specifications.
I. Material sheets shall be submitted for approval.
B. Prior to production of any concrete, submit a proposed mix design to the Engineer for
approval.
PART 2 - EXECUTION OF WORK
2.1 SUBGRADE
A. In any area where concrete sidewalk is to be constructed, all roots, vegetation and other
deletrious materials shall be removed. A minimum compacted layer of four (4) inch clean
limerock or limerock and sand mixture shall be placed with compaction rated to a minimum
density of ninety-five (95%) percent obtainable according to AASHTO T99. Areas requiring
excavation shall have a finished bottom width sufficient for the slab and for the placement and
removal of forms. The Engineer may determine areas where compaction is not required.
B. Just prior to the pouring of the sidewalk slab, the sub grade shall be wetted and checked for
proper elevation by the Engineer.
2.2 FORMS
A. Forms for the work may be made of either wood or metal. They shall be straight, free of
warps or bends and of sufficient strength to resist the pressure of the concrete. The forms shall
be aligned with their bottom in full and continuous contact with the subgrade.
2.3 PLACING CONCRETE
01/23/02
CONCRETE SIDEWALKS
02521-1
A. Sidewalk in residential areas shall be a minimum of four (4) inches in depth except for a
minimum of six (6) inches where designated for vehicular crossings. Concrete sidewalk placed
in commercial and industrial areas shall be a minimum of six (6) inches in depth.
B. In all cases, sufficient concrete shall be placed to fill the entire formed area before the concrete
dries.
C. Contraction joints for all new sidewalk shall be no further than five (5) feet apart. After the
concrete has hardened and becomes dry, the contraction joint shall be thoroughly cleaned of
all debris and loose material.
2.4 PROTECTION OF NEW SIDEWALK
A. The Contractor shall protect all new sidewalk from damage and defacing. Any and all
damaged sidewalk shall be replaced by the Contractor under the direction of the Engineer and
no further compensation will be allowed.
2.5 SIDEWALK INSTALLATION ADJACENT TO PRIVATE PROPERTY
A. All private property disturbed or damaged during the placing of concrete sidewalk shall be
restored to its original condition without further compensation.
2.6 SIDEWALK REPAIR
A. In areas on the Plan Sheets where the Contractor is to "repair" existing sidewalk, the Engineer
will identify the existing damaged sidewalk prior to its removal. The Contractor will saw-cut
and remove the damaged sidewalk and prepare the area for new sidewalk. All compensation
for sidewalk repair will be paid for under the concrete sidewalk bid item in the Proposal,
including restoration and damaged sidewalk removal.
2.7 FIELD QUALITY CONTROL
A. Concrete Sampling: Furnish concrete required for casting specimens and for the specified
sampling and testing.
B. Testing: The following testing will be performed by an independent testing laboratory
retained and paid by the Contractor and approved by the Engineer.
1. Slump and air content tests for each 50 cubic yards, or fraction thereof placed.
2. Yield tests, unit weight tests for each 200 cubic yards, or fraction thereof, placed or as
deemed necessary by the Engineer.
3. One set of five standard cylinders made and cured in accordance with ASTM C31 for each
50 cubic yards, or fraction thereof of concrete placed, for compressive strength testing.
C. Tests: Sampled according to ASTM C 172 and tested as follows:
1. Air content: ASTM C173.
2. Weight per cubic foot, yield, air content and cement content: ASTM Cl38.
3. Slump: ASTM C143.
4. Compressive strength of cylindrical concrete specimens: ASTM C39.
01/23/02
CONCRETE SIDEWALKS
02521-2
5. Chloride content of the component concrete materials shall be determined following the
Florida Department of Transportation Method for Determining Low-Levels of Chloride
in Concrete and Raw Materials as outlined in FDOT Research Report No. 203 and FDOT
Corrosion Report No. 78-1. No chloride contents are allowed in the concrete.
2.8 PAYMENT
A. The cost for all concrete sidewalk construction, including sidewalk and curb removal and
restoration, will be paid for from the concrete sidewalk bid item in the proposal and no further
compensation will be allowed.
END OF SECTION 02521
01/23102
CONCRETE SIDEWALKS
02521-3
SECTION 02580
PAVEMENT MARKINGS
PART I - 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.
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.
01/23102
PAVEMENT MARKINGS
02580-1
3.2 PERFORMANCE
A. Temporary Striping of the Centerline of the Road and Stop Bars shall be installed after the
leveling course is applied, by the following day. In addition, if the 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 of the 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
01/23/02
PAVEMENT MARKINGS
02580-2
SECTION 02720A
STORM DRAINAGE STRUCTURES, PIPE AND FITTINGS
PART 1 - GENERAL
1.1 Work Included
A. The work covered and described in this Section includes the furnishing and construction of
culverts, storm sewers, injection wells, catch basins, drain basins, inlets and other drainage
structures as shown on the Drawings and specified herein.
1.2 Related Work
A. Section 02220 - Excavation and Backfill
B. Section 03000 - Concrete
1.3 Submittals
A. Shop Drawings: Shop drawings for the following items shall be submitted for approval.
1. Grates and Castings
2. Precast structures
3. Drain Basins
B. Pipe certification of quality by the producer shall be delivered to County Engineer ten days
prior to installation.
1.4 Job Conditions
A. Maintain traffic during pipe laying operation.
PART 2 - PRODUCTS
2.1 Materials
A. General: The Contractor must furnish reinforced concrete culvert pipe unless otherwise noted.
B. Concrete Pipe: Round concrete pipe shall be reinforced concrete culvert pipe conforming to
ASTM Designation C 76, Class III, except when otherwise indicated. Pipe joints shall be
rubber gasket joints, and the pipe j oint shall be manufactured to meet the requirements of the
approved type of gasket to be used. Pipe joints and rubber gaskets shall conform to the
requirements of Sections 941 and 942 of the FDOT Standard Specifications.
C. Brick: Brick for drainage structures shall be dense, hard burned, shale or clay brick
conforming to ASTM Designation C 32, Grade MM or C 62, Grade MW, except that brick
absorption shall be between five and twenty-five grams of water absorbed in one minute by
dried brick, set flat face down, in 1/8-inch of water.
D. Cement Mortar: Cement mortar for manhole construction shall be one part cement and two
parts clean sharp sand to which may be added lime in the amount of not over twenty-five
percent volume of cement. It shall be mixed dry and then wetted to proper consistency for
use. No mortars that have stood for more than one hour shall be used.
01/23102
STORM DRAINAGE STRUCTURES
02720A-l
E. Concrete: Concrete shall conform to the requirements of Section 03000 Concrete and unless
otherwise specified all concrete shall be Class B.
F. Precast Concrete Units: Precast concrete inlets shall conform to applicable requirements of
Section 03000 Concrete of these Specifications. Concrete for use in precast units shall be
Class A.
G. Castings: Castings for inlets and other items shall conform to the ASTM Designation A 48,
Class 25. Castings shall be true to pattern in form and dimensions and free of pouring faults
and other defects in positions which would impair their strength or otherwise make them unfit
for the service intended. No plugging or filling will be allowed. Casting patterns shall
conform to those shown or indicated on the Drawings.
H. Drain Basins: Drain Basins are to be Nyloplast or equivalent, 30" H-20 (Heavy Traffic). All
connection stubs are to be manufactured from PVC pipe stock and formed to provide a
watertight connection with the specified pipe system. The joint tightness shall conform to
ASTM D3212 for joints for drain and sewer plastic pipe using flexible elastomeric seals. The
pipe bell spigot shall be attached to the main body of the drain basin. The pipe stock used to
manufacture the main body and pipe stubs of the surface inlets shall meet the mechanical
property requirements for fabricated fittings as described by ASTM D3034, Standard for
Sewer PVC Pipe and Fittings; ASTM F1336, Standard for PVC Gasketed Sewer Fittings.
I. Grates: The 30" ductile iron grates shall be furnished by Nyloplast or equivalent. Grates shall
be capable of supporting H-20 wheel loading for heavy-duty traffic.Metal used in the
manufacture of the castings shall conform to ASTM A536 grade 70-50-05 for the ductile iron
and ASTM A-48-83 class 30B. Grates shall be provided painted black.
PART 3 - EXECUTION
3.1 Preparation
A. Pipe Trenches:
1. Pipe trenches shall be of necessary widths for the proper laying of the pipe and the
banks shall be as nearly vertical as practicable. In paved areas the trench shall be
vertical and sheeted, if required; the clearance between the pipe and trench wall or
back of sheeting shall not exceed 18 inches. The bottom of the trenches shall be
excavated to a depth of the outside bottom of the pipe barrel. Any over excavation
shall be replaced with suitable compacted material. Excavation for inlets and other
appurtenances shall be sufficient to provide a clearance between their outer vertical
surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches.
2. Soft, spongy, or otherwise unstable material encountered below the established grade
of the excavation which will not provide a firm foundation for subsequent work shall
be removed and replaced as directed. Unless otherwise directed, all such unstable
materials shall be removed for the full width of the excavation and replaced with
approved fill material.
3. Where sheeting and bracing are necessary to prevent caving of the trench side walls or
side walls of excavation for other structures, and to safeguard the workmen, the trench
or excavation for other structures shall be dug to such width that the proper allowance
is made for the space occupied by the sheeting and bracing to provide clearance as
specified above.
01/23102
STORM DRAINAGE STRUCTURES
02720A-2
3.2 Installation
A. Laying Concrete Pipe:
1. All pipe shall be carefully laid true to the line and grade shown on the Drawings. Any
deviation from true alignment or grade which would result in a displacement from the
normal position of the gaskets much as 1/4-inch, or which would produce a gap
exceeding 1/2-inch between sections of the pipe for more that 1/3 of the
circumference of the inside of the pipe, will not be acceptable and where such occurs,
the pipe shall be re-Iaid without additional compensation. No mortar, joint compound,
or other filler which would tend to restrict the flexibility ofthe gasket joint shall be
applied to the gap. Pipes having defects that have not caused their rejection are to be
so laid that these defects will be in the upper half of the sewer.
2. Before installation of the pipe gasket, the gasket and the surface of the pipe joint,
including the gasket recess shall be clean and free from grit, dirt, or other foreign
matter at the time the joints are made. In order to facilitate closure of the joint,
application of an approved vegetable soap lubricant immediately prior to closing of
the joint will be permitted.
3. All pipes shall be laid with bells or grooves uphill. As the pipes are laid throughout
the work, they must be thoroughly cleaned and protected from dirt and water. No
length of pipe shall be laid until the two preceding lengths have been thoroughly
embedded in place so as to prevent any movement or disturbance of the finishedjoint.
No walking on or working over the pipes after they are laid, except as may be
necessary in tamping earth and refilling, will be permitted until they are covered to a
depth of I-foot. Fill placed around the pipe shall be deposited on both sides
simultaneously to approximately the same elevation and uniformly compacted.
B. Drainage Structures
1. Concrete inlets or other structures shall be constructed in with the Drawings. Forms
shall be designed and constructed so that they may be removed without injury to the
concrete and shall be left in place for at least 24 hours after concrete is poured.
Concrete shall be thoroughly tamped and shall be cured for at least 5 days after
removal of forms. Honeycomb places shall be thoroughly cleaned, saturated with
water and pointed up with mortar.
2. Precast inlets or other structures may be used in lieu of cast-in-place structures.
Grates are to be set in place in mortar to the proper line and grade.
3. Storm Drain Injection Wells, Catch Basins, and other structures shall be constructed
or installed according to the Monroe County Roads and Bridges Standard
Specifications and Details manual.
4. Storm Drain Injection Wells shall be drilled using Direct Air-Rotary Drilling per
ASTM Guide D5782-95 (200).
5. The PVC Drain Basin body will be cut at the time of final grade so as to maintain a
one piece, leak proof structure. No brick, stone or concrete block will be used to set
the grate to the final grade height. An 8" to 10" thick concrete ring will be poured
under the grate and frame as recommended by details provided by the manufacturer.
01/23102
STORM DRAINAGE STRUCTURES
02720A-3
C. Back filling for Pipe Culverts and Drainage Structures:
1. After the pipe has been installed, approved selected material from excavation at a
moisture content which will facilitate compaction shall be placed along side the pipe
in layers not exceeding 6-inches loose measure in depth. Care shall be taken to insure
thorough compaction of the fill under the haunches of the pipe. Each layer shall be
thoroughly compacted by rolling or tamping with mechanical rammers. This method
of filling and compacting shall be continued until the fill is 12 inches above the pipe,
then the remainder of the backfill shall be placed in lifts not exceeding 9-inches. The
operation of heavy equipment shall be conducted so that no heavy damage to the pipe
will result. Backfill material 12-inches and above the top of the pipe shall be
compacted to not less than 95 percent of maximum density as determined by
AASHTO Designation T 180. Selected material for backfill shall not contain any
stones or rock larger than 3-inches. Tests for density of compaction may be made at
the option of the County Engineer, and deficiencies shall be corrected by the
Contractor without additional cost to the County.
2. Backfill for drainage structures shall be placed and compacted in the same manner as
specified above for pipe, except the concrete shall be permitted to cure for not less
than five days before the backfill is placed.
D. Back filling in Wet Trenches: After the installation of the pipe and drainage structures,
backfill material shall carefully and uniformly be simultaneously placed on both sides of the
pipe or structure by carefully lowering the material into the trenches down to the water surface
and then releasing it to settle through the water. Under no circumstances shall backfill
material be dumped, pushed or shoved into the wet trench. Backfill material shall be carefully
and uniformly rammed around both sides of the pipe to properly bed and support the pipe. No
specified density requirement shall apply to backfill carefully placed in wet trenches until the
fill has reached a levell-foot above the water, at which elevation and above the backfill
densities specified in Paragraph 3.2C.
End of Section
01/23102
STORM DRAINAGE STRUCTURES
02720A-4
SECTION 02720
SEEP AGE TRENCH
PART 1 - GENERAL
A. The work included in this Section consists of clearing, excavating, back filling, grading and
compacting the areas required for the construction of a seepage trench as shown on the Plans
and as specified herein.
B. The contractor shall be responsible for having determined to his satisfaction, prior to the
submission of his bid, the conformation ofthe ground, the type and quality of the substrata,
the types of materials to be encountered, the nature of groundwater conditions and all other
matters which can in any way affect the work in this Section.
C. The price established in the Proposal for the construction of the seepage trench will reflect all
costs pertaining to the work, and no claims for extra work based on substrata or groundwater
table conditions will be allowed.
PART 2 - MATERIALS
A. Ballast Rock, shall be No.4, 1 Y2 to % inches in diameter and free of any foreign material.
B. Pea rock, shall be Y2 inch in diameter and free of any foreign material, and be used as surface
material.
PART 3 - EXECUTION
A. The excavation of the seepage trench shall be by the open cut method. Walls of the excavation
shall be kept vertical and, if required for the safety of workman and the general public,
properly sheeted and braced. Materials encountered in the excavation which have a tendency
to flow into the excavation, undermine the banks, weaken the overlying strata or are rendered
unstable by the excavation operation shall be retained by sheeting, stabilization or other
approved method.
B. The material excavated from the seepage trench shall become the property of the contractor
and shall be removed and disposed of properly by the contractor immediately after excavation.
C. The seepage trench shall be excavated to a depth of six (10) feet below the finish grade
elevation.
D. The ballast rock material shall be deposited in not more than twelve (12) inch layers and
stabilized.
E. The surface material, pea rock, shall be deposited in a four inch layer, the top of which shall
be no lower in elevation than the surrounding surface. The pea rock shall be graded and rolled
to assure that no rutting or other distortion will occur.
End of Section
01/23102
SEEP AGE TRENCH
02720-1
SECTION 02725
STORM DRAINAGE PIPES & TRENCH
PART 1 - GENERAL
A. The work included in this Section consists of clearing, excavating, laying pipe, back filling,
grading and compacting the areas required for the construction of storm drainage pipes and
trench as shown on the Plans and as specified herein.
B. The contractor shall be responsible for having determined to his satisfaction, prior to the
submission of his bid, the conformation of the ground, the type and quality of the substrata,
the types of materials to be encountered, the nature of groundwater conditions and all other
matters which can in any way affect the work in this Section.
C. The price established in the Proposal for the construction of storm drainage pipe and trenches
will reflect all costs per linear foot pertaining to the work, and no claims for extra work based
on substrata or groundwater table conditions will be allowed.
PART 2 - MATERIALS
A. Perforated Storm Drainage Pipe
a. Materials: (12) twelve inch high density polyethylene corrugated pipe with an
integrally formed smooth waterway, with (60) sixty degrees between holes. Unless
otherwise specified on the plans or herein, corrugated polyethylene pipe shall conform
to AASHTO M-294, latest edition.
1. Diameter (nominal) 12"
2. Pipe Stiffness (minimum) 50psi
b. Resins: Corrugated polyethylene pipe shall be manufactured from high density
polyethylene virgin compounds, and shall conform to the requirements of ASTM D-
3350 for the Cell Classification 335420C.
c. Coupling Bands & End Caps: Except as otherwise required herein, coupling bands
and other hardware for corrugated polyethylene pipe shall demonstrate that they meet
the soil tightness requirements of AASHTO Section 26.4.2.4 "Standard Specifications
for Highway Bridges."
d. Designation of Type: The pipe may be one or both of the following type:
I. Type S: This pipe will have a full circular cross-section, with an outer
corrugated pipe wall and a smooth inner liner.
2. Type D: This pipe shall consist of an essentially smooth waterway
braced circumferentially with circular ribs which are formed
simultaneously with a smooth outer wall.
B. Storm Drainage Pipe
a.
Materials: (12) twelve inch high density polyethylene corrugated pipe with an
integrally formed smooth waterway. Unless otherwise specified on the plans or
herein, corrugated polyethylene pipe shall conform to AASHTO M-294, latest edition.
STORM DRAINAGE PIPES AND TRENCH 02725-1
01/23102
1. Diameter (nominal) 12"
2. Pipe Stiffness (minimum) 50psi
b. Resins: Corrugated polyethylene pipe shall be manufactured from high density
polyethylene virgin compounds, and shall conform to the requirements of ASTM D-
3350 for the Cell Classification 335420C.
c. Coupling Bands & End Caps: Except as otherwise required herein, coupling bands
and other hardware for corrugated polyethylene pipe shall demonstrate that they meet
the soil tightness requirements of AASHTO Section 26.4.2.4 "Standard Specifications
for Highway Bridges."
d. Designation of Type: The pipe may be one or both of the following type:
1.
Type S:
This pipe will have a full circular cross-section, with an outer
corrugated pipe wall and a smooth inner liner.
This pipe shall consist of an essentially smooth waterway
braced circumferentially with circular ribs which are formed
simultaneously with a smooth outer wall.
2.
Type D:
C. Backfill Materials
a. Ballast Rock, shall be #4, 1 Yz to % inches in diameter and free of any foreign
material.
b. Bedding and Back fill, shall be Class ill or Class II.
c. Haunching and Intial backfill, shall be Class ill or Class II.
d. Pea rock, shall be II2 inch in diameter and free of any foreign material, and be used as
surface material.
PART 3 - EXECUTION
A. Excavation of the pipe trench shall be by the open cut method. Walls of the excavation shall
be kept vertical and, if required for the safety of workman and the general public, properly
sheeted and braced. Materials encountered in the excavation which have a tendency to flow
into the excavation, undermine the banks, weaken the overlying strata or are rendered unstable
by the excavation operation shall be retained by sheeting, stabilization or other approved
method.
B. Material excavated from the pipe trench shall become the property ofthe contractor and shall
be removed and disposed of properly by the contractor immediately after excavation.
C. Pipe trench shall be excavated (30) thirty inches wide to a depth of (1 0) ten feet below the
finish grade elevation.
D. Storm Drainage Pipe: Non perforated pipe shall be utilized for the initial (5) five feet
extending from any appurtenance then couple to perforated pipe as stated herein or shown on
drawing.
E. Back Filling and Pipe Laying:
01/23102
STORM DRAINAGE PIPES AND TRENCH
02725-2
1. Ballast Rock shall be placed in the trench and the density requirements shall not apply
until (6) six inches below the invert elevation of the pipe is obtained, but shall be
placed so that movement or shifting will not take place.
2. Bedding shall be a (6) six inch layer thoroughly packed by tamping or other approved
method using a suitable material of Class IB or II and installed as required in ASTM
D2321, latest edition.
3. All pipe shall be carefully laid true to the line and grade shown on the Drawings. Any
deviation from true alignment or grade which would result in a displacement from the
normal position of the gaskets much as lf4 inch, or which would produce a gap
exceeding Yz inch between sections ofthe pipe for more than 1/3 ofthe circumference
of the inside of the pipe, will not be acceptable and where such occurs, or other filler
which would tend to restrict the flexibility of the gasket joint shall be applied to the
gap. Pipes having defects that have not caused their rejection are to be so laid that
these defects will be in the upper half of the sewer.
4. Before the installation of the pipe gasket, the gasket and the surface of the pipe joint,
including the gasket recess shall be clean and free from grit, dirt, or other foreign
matter at the time the joints are made. In order to facilitate closure of the joint,
application of an approved vegetable soap lubricant immediately prior to closing of
the joint will be permitted.
5. All pipes shall be laid with bells or grooves uphill. As the pipes are laid throughout
the work, they must be thoroughly cleaned and protected from dirt and water. No
length of pipe shall be laid until the two preceding lengths have been thoroughly
embedded in place so as to prevent any movement or disturbance of the finished joint.
No walking on or working over the pipes after they are laid, except as may be
necessary in tamping earth and refilling, will be permitted until they are covered to a
depth of 1 foot. Fill placed around the pipe shall be deposited on both sides
simultaneously to approximately the same elevation and uniformly compacted.
6. Haunching and initial backfill shall be accomplished in (6") six inch lifts until and
elevation (1) one foot or (12) twelve inches above top of pipe is obtained and shall be
performed using suitable material of Class IB or II and be installed as required in
ASTM D2321, latest edition.
7. After back fill is compacted install a geotextile layer
8. Minimum cover shall not be less than (12) twelve inches if not specified on the
drawings and shall be compacted to a density of not less than (95%) ninety five
percent of maximum density as determined by AASHTO Designation T 180.
F. Surface Material, shall be material depicted on drawings or called out in this project manual.
If surface material is not identified on drawings pea rock shall be deposited in a four (4) inch
layer, the top of which shall be no lower in elevation than the surrounding surface. The pea
rock shall be graded and rolled to assure that no rutting or other distortion will occur.
End of Section
01/23102
STORM DRAINAGE PIPES AND TRENCH
02725-3
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 of the 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 ifrain is imminent within four (4) hours. The
application of Garlon 3A must be achieved within fifteen (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.
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TREE TRIMMING I REMOVAL
02951-1
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 back filled 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 prior to the completion of the
project. Areas that are determined to be unacceptable shall be treated again by the Contractor. After
final 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. The Contractor for the purpose of containing
residue and wash water shall bring containers on site. All refuse that results from the Contractor's
operation shall be disposed of properly by the Contractor.
End of Section
01/23/02
TREE TRIMMING I REMOVAL
02951-2
SECTION 03000
CONCRETE (SITE WORK)
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The work included under this section consists of furnishing all materials, forms, transportation
and equipment, and performing all necessary labor to do all the proper execution of the work,
or as herein specified.
B. Composition: Concrete shall be composed of cement, fine aggregate, coarse aggregate, and
water, so proportioned and mixed as to produce a plastic workable mixture in accordance with
all requirements under this section suitable to the specific conditions of placement.
1.2 SUBMITTALS
A. All materials specified shall be certified by the producer or manufacturer that the furnished
material meets the specific requirements of the specifications.
PART 2 -PRODUCTS
2.1 MATERIALS
A. Cement:
I. Cement: Cement for all concrete shall be domestic Portland cement that conforms to
the requirements a ASTM Designation C 150, Type I, Type II or Type III. Type III
cement for high early strength concrete shall be used only for special locations and
only with the approval of the Engineer.
2. Only one brand of cement shall be used in any individual structure unless approved by
the Engineer. Cement which has become damaged, partially set, lumpy or caked shall
not be used and the entire contents of the sack or container which contains such
cement will be rejected. No salvaged or reclaimed cement shall be used.
B. Fine Aggregate: Fine aggregate shall conform to the requirements of Florida Department of
Transportation standard for Road and Bridge construction 1999.
C. Coarse Aggregate: Coarse aggregate shall conform to the requirements of the Florida
Department of Transportation standard for Road and Bridge construction 1999.
D. Water: Water shall be taken from a potable water supply and shall be fresh, clean and free
from injurious amounts of oil, acid, alkali or organic matter.
E. Admixtures: No admixtures shall be used except by specific approval of the Engineer. When
approved, admixtures shall meet the following minimum standards.
1. Air entraining agent: ASTM C 260
2. Water Reducing and Retarding Admixture: ASTM C 494, Type D and free of
chlorides.
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03000-1
F. Membrane Curing Compound: Membrane curing compound shall conform to the
requirements of AASHTO Designation M 148, Type I-clear, or Type 2-white pigmented.
G. Reinforcing Steel:
1. Reinforcing steel shall conform to the requirements of ASTM Designation A 615,
Deformed Grade 60, except where otherwise indicated.
a. The name of the manufacturer of the reinforcing steel shall be called out in
the shop drawings together with a sketch showing the pattern of the
deformation, including the mill mark.
b. Bar reinforcement shall be accurately fabricated in accordance with the latest
CRSI Manual of Standard Practice. The Contractor shall have prepared and
shall submit to the Engineer in sextuplicate, necessary shop drawings and bar
lists. The Contractor shall be responsible for errors made in shop drawings
even though approved by the Engineer.
2. Welded wire fabric for concrete reinforcement shall conform to the requirements of
ASTM Designation A 185 and shall be formed with smooth cold-drawn wire.
3. Cold-drawn wire for spirals shall be plain and shall conform to the requirements of
ASTM Designation A 82 with a minimum yield strength 000,000 psi.
4. Bar Supports:
a. Bar supports for reinforcing steel shall conform to the requirements of CRSI
Manual of Standard Practice, Chapter 3 and shall be of a height to furnish the
concrete cover called for on Drawings. High chairs shall be furnished for
bent or top bars in solid slabs. Bar supports to be in contact with exterior
surfaces of concrete shall be Class C with plastic caps at least I-inch in length
on the leg tips, or Class E with stainless steel legs. Bar supports shall be
spaced not more than 100 times the diameter of the bars to be supported, with
not more than 1/4 spacing from the end of the supported bars to the first chair.
b. Bar supports for slabs on grade shall be plain concrete blocks, 3-inches high
by 4-inches square with tie wires embedded in support. Concrete strength
shall be at 3,000 psi at time of use.
H. Forms: Forms shall be of wood, steel or other approved materials. The sheeting for all
exposed surfaces shall be 5-ply plywood, unless otherwise specifically authorized. Forms of
like character shall be used for similarly exposed surfaces in order to produce a uniform
appearance. Forming for exposed exterior concrete from I-foot below finished exterior grade
to top of structure shall be carefully fabricated so as to provide a smooth finish without
defects. The type, size, shape, quality and strength of all materials of which the forms are
made shall be subject to the approval of the Engineer. It is his opinion that the interior
surfaces of the forms are too irregular to produce the specified finish, they shall be lined with
smooth, dense, moisture resistant hardboard or other material of which he approves.
I. Nonshrink Grout: Nonshrink grout shall be nonmetallic, pre-mixed type and shall be
Sauereisen F-lOO Level Fill, Master Builders Masterflow 713, Burke Non-Ferrous,
Non-Shrink Grout or approved equal.
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03000-2
2.2 CLASSIFICATION AND STRENGTH OF CONCRETE
A. Class and minimum strength requirements for concrete shall be as tabulated below. Unless
otherwise specified, Class B concrete shall be used.
B. Strength Requirements: Concrete class and strength shall meet the minimum compressive
strength requirements at the age of 7 and 28 days as shown in the following table. The
compressive strengths shall be as determined by standard laboratory cylinder tests in
accordance with the procedure set forth in ASTM Designation C 31 and C 39. (See Article
3.3 of this Section for quantity and testing of cylinders.)
Compressive Strength In Pounds Per Square Inch
For Design 3 Consecutive Cy1.A ver. Low Cyl.
Class Purposes 7 Days 28 Davs 7 Days 28 Davs
A 4000 2950 4250 2600 3750
B 3000 2100 3200 1850 2800
C 2500 1800 2700 1550 2300
2.3 PROPERTIES AND DESIGN OF CONCRETE MIX
A. Test And Design Mix:
1. The Contractor, 30 days before the beginning of concrete work, shall advise the
Engineer ofthe proposed sources of the materials, or ready-mixed concrete, which the
Contractor intends to use in the work. A design mix which has been used by the
concrete supplier before, may be submitted for approval provided the proportions and
strengths meet the requirements of this specification.
2. The source and manufacturer of material after once having been approved shall not be
changed by the Contractor, except as approved by the Engineer, and additional
laboratory tests may be required by the Engineer to prove conformance with
specification requirements.
3. If during the progress of the work, tests indicate that concrete is not being produced in
accordance with these Specifications, the Engineer may order changes in the materials
or their proportions so as to secure concrete as specified.
B. Slump: Slumps shall be as low as possible consistent with proper placing. Low slump
concrete shall be used for footing and slabs on grade. Medium slump concrete shall be used
for walls, columns and suspended slabs.
Concrete shall conform to the limits specified in the following schedule:
Class of Medium Low
Concrete Slump Slump
A 4 to 5 in. 2 to 3 in.
B 4 to 5 in. 2 to 3 in.
C 5 to 6 in. 3 to 4 in.
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CONCRETE (SITEWORK)
03000-3
PART 3 - EXECUTION
3.1 PREPARATION
A. Concrete Mixing:
1. Equipment: The concrete shall be ready-mixed and the equipment shall conform to
the applicable requirements of ASTM Designation C 94.
2. Measurement: Equipment necessary to positively determine and control the actual
amounts of all materials entering the concrete shall be provided by the Contractor or
the concrete manufacturer. All materials shall be measured by weight, except that
water may be measured by volume. A bag of cement weighs 94 pounds.
3.2 INSTALLATION
A. Forms:
I. Construction:
a. Forms shall be built true to line and grade, and shall be mortartight and
sufficiently rigid to prevent displacement or sagging between supports.
Particular attention shall be given to adequacy of supports and shoring, which
is the Contractor's responsibility. The surfaces of forms used for permanently
exposed surfaces shall be smooth and free from irregularities, dents, sags, or
holes. Forms for surfaces to receive stucco finish shall be suitable for its
application. Bolts and rods used for internal ties shall be so arranged that,
when the forms are removed, all metal is at least 1 1/2 inch from any concrete
surface, Form ties shall be removed immediately after removal of forms, and
holes shall be thoroughly plugged with grout within 24 hours after form
removal and kept damp for 4 days to prevent shrinking.
b. Wire ties will not be permitted. All forms shall be so constructed that they
can be removed without hammering of prying against the concrete. Unless
otherwise indicated, suitable moldings shall be places to bevel or round
exposed edges at expansion joints or at any other corners that are to remain.
Beams below grade shall have forms at both sides.
2. Coating: Prior to the placing of steel reinforcement or concrete, forms for exposed
surfaces shall be coated with a nonstaining paraffin base oil or mineral oil. Forms for
unexposed surfaces may be thoroughly wetted in lieu of oiling, immediately before
the placing of concrete.
3. Removal: Forms and/or form supports shall not be removed from any concrete until it
has obtained sufficient strength to support itself and any live loads it may be subjected
to, and then only with the approval of the Engineer.
B. Reinforcing Steel: When placed in the forms, reinforcement shall be clean and free of all rust,
scale, dust, dirt, paint, oil or other foreign material and shall be accurately and securely
positioned in the forms as shown on the Drawings before the placing of concrete. Reinforcing
steel shall be wired or otherwise fastened together at intersections and shall be supported by
concrete or metal supports, spacers or hangers. Bar supports, where adjacent to the ground,
shall be set on precast concrete pads compressed into the subgrade. The Contractor shall
01/23102
CONCRETE (SITEWORK)
03000-4
obtain the Engineer's approval before fastening reinforcing steel at intersections by welding
methods.
1. Splicing of reinforcement shall be held to a minimum and shall be placed at points of
minimum stress. Bars shall be lapped at splices a minimum of 24 bar diameters
unless otherwise shown on the Drawings or directed by the Engineer, and shall be
rigidly wired or clamped.
2. Wire fabric shall be straightened before placing and shall overlap one full space of
mesh at ends and edges and shall be securely fastened. Fabric shall be supported so as
to occupy its proper location in the concrete as shown on the Drawings. Fabric shall
not cross any expansion joints.
C. Embedded Items: In addition to steel reinforcement, pipes, inserts and other metal objects as
shown, specified or ordered shall be built into, set in or attached to the concrete. All necessary
precautions shall be taken to prevent these objects from being displaced, broken or deformed.
Before concrete is placed, care shall be taken to determine that all embedded parts are firmly
and securely fastened in place as indicated. They shall be thoroughly clean and free from
paint or other coating, rust, scale, oil, or any foreign matter. No wood shall be embedded in
concrete. The concrete shall be packed tightly around pipes and other metal work to prevent
leakage and to secure perfect adhesion. Drains shall be adequately protected from intrusion of
concrete.
D. Separation Board: Two-inch separation board shall be installed as indicated on the Drawings.
E. Concrete:
1. General: Reinforcement shall be secured in position, inspected and approved before
placing concrete. Runways for transporting concrete shall not rest on reinforcing
steel. Concrete not placed within 90 minutes from the time mixing is started will be
rejected and shall be removed from the job by the Contractor. Concrete shall be
deposited as nearly as practicable in final position. Concrete shall not be allowed to
drop freely more than six feet. All concrete shall be placed in daylight and (excepting
seal concrete) shall be placed in the dry unless otherwise authorized by the Engineer
in writing.
2. Slabs Placed On Subgrade: Slab concrete placed on earth or fill subgrade shall be
separated from direct contact with the sub grade by 6 mil polyethylene film or other
approved material. Sidewalks and walkways will not require a separation sheet.
Polyethylene film shall be lapped 4-inches on sides and 12-inches on ends.
3. Compaction: Concrete shall be compacted by internal vibrating equipment,
supplemented by hand rodding and tamping as required. Vibrators shall in no case be
used to move the concrete laterally inside the forms. Internal vibrators shall maintain
a speed of at least 5000 impulses per minute when submerged in concrete. (At least
one spare vibrator in working condition shall be maintained at the site during concrete
placing operations.) Duration of vibration shall be limited to time necessary to
produce satisfactory consolidation without causing segregation. Vibrator shall be
moved constantly and placed in each specific spot only once.
4. Bonding: Before depositing new concrete on or against concrete that has set, the
surfaces of the set concrete shall be thoroughly cleaned so as to expose the coarse
aggregate and be free oflaitance, coatings, foreign matter and loose particles. Forms
shall be retightened. The cleaned surfaces shall be dampened, but not saturated, and
01/23102
CONCRETE (SITEWORK)
03000-5
then thoroughly covered with a coat of cement grout of similar proportions to the
mortar in the concrete. The grout shall be as thick as possible on vertical surfaces and
at least 1/2-inch thick on horizontal surfaces. The fresh concrete shall be placed
before the grout has attained its initial set.
5. Protection: Rainwater shall not be allowed to increase the ratio of mixing water nor to
damage the surface finish. Concrete shall be protected from disfigurement, damage,
vibration, internal fractures and construction overloads.
F. Curing:
1. All concrete, including gunite, shall be water cured by covering with a double
thickness of clean burlap, cotton mats, or other approved material kept thoroughly
saturated with water. The forms shall be kept wet until removed and upon removal,
the curing specified herein shall be started immediately. Concrete shall be cured for a
period of 7 days for normal Portland cement or 4 days for high early strength cement.
Concrete poured in the dry shall not be submerged until it has attained sufficient
strength to adequately sustain the stress involved nor shall it be subjected to flowing
water across its surface until it has cured 4 days. Curing of gunite shall be started as
soon as possible without damaging surface and not later than 2 hours after placing.
2. In lieu of wet burlap or cotton mats as specified above, concrete slabs may be covered
with wet sand and kept moist for the specified curing period. The initial curing period
of not less than 24 hours shall consist of the wet burlap or cotton mat method, then the
wet sand method may be utilized until the end of the curing period.
3. Concrete surfaces which will not be coated, painted, plastered, stuccoed, covered with
tile or floor covering or requiring a bonding surface may be cured by means of a
membrane curing compound in lieu of the wet cure method. The curing compound
shall be applied immediately after a satisfactory surface finish has been completed or
forms have been removed. The rate of application of membrane curing compound
shall be at least one gallon to every 200 square feet of exposed surface to be cured.
The membrane curing compound that becomes damaged by rain, foot traffic or other
conditions within 5 days of application shall be reapplied.
G. Finishes:
1. As soon as forms can safely be removed, all irregular projections shall be chipped off
flush with the concrete surfaces. All voids produced by spacers or any honeycombing
shall be pointed up with grout and troweled flush with the concrete surface
immediately after removal of forms and water cured to prevent shrinkage.
Honeycombing shall be cut out to expose a sound concrete surface prior to pointing.
The use of mortar pointing or patching shall be confined to the repair of small defects
in relatively green concrete. Where in the opinion of the Engineer substantial repairs
are required, the defective concrete shall be cut out to sound concrete and repaired
with gunite or the concrete shall be remove and reconstructed as directed.
2. Floor slabs shall be brought to a true and even finish by power or hand floating in a
manner that will not bring excess fines to the surface. The consistency of the concrete
shall be such that water does not accumulate at the surface. Unless otherwise shown
on the Drawings, the surface shall be floated with a wood float and shall be steel
troweled to a smooth finish. Troweling shall be the minimum to obtain a smooth,
dense surface and shall not be done until the mortar has hardened sufficiently to
01/23102
CONCRETE (SITEWORK)
03000-6
prevent excess fine material from being worked to the surface. If so directed, the
surface shall be brushed lightly with a push broom so as to produce a nonslip surface.
3. Concrete surfaces that are not exposed in the completed work will require no special
finish other than such pointing up and rubbing as is necessary to leave them smooth
and impervious.
4. Other surfaces which will be exposed in the completed work shall be finished by
being rubbed smooth with a float and water or a carborundum brick. The final surface
shall be smooth and dense, without pits, irregularities, blow holes or bubbles.
End of Section
o l/23102
03000-7
CONCRETE (SITEWORK)
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), 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 Momoe 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 round aluminum tube, 3" on center by 1/8"
thick. Aluminum material shall meet the requirements of Aluminum Association Alloy 6061-
T6 (ASTM B209, B221 or B308).
1. Permitted Alternate for sheets and plates - Alloy 5154-H38 (ASTM B209).
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:
I. Aluminum bolts, nuts & lock washers: Aluminum bolts shall meet the requirements of
ASTM F468, Alloy 2024- T 4. The bolts shall have an Andoic Coating of at least
0.0002 inches thick and be chromate sealed. Lock washers shall meet the
requirements of Aluminum Association Alloy 7075-T6 (ASTM B221). Nuts shall
meet the requirements of ASTM F467, Alloy 6061-T6 or 6262-T9.
2. Stainless steel bolts, nuts and lock washers: Stainless steel bolts, nuts and lock
washers conforming to ASTM F593 Alloy Group 2 condition A, CW2, or SH4 may
be provided in lieu of Aluminum bolts, nuts and washers.
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:
I. 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.
01/23/02
TRAFFIC SIGN SPECIFIC A TION
10425-1
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.
2.2 FABRICATION:
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 - INSTALLATION:
3.1 UTILITIES
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 LOCATION
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
01/23102
TRAFFIC SIGN SPECIFICATION
10425-2