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01/19/2000 - MONROE COU.NTY Construction Contract "Astra City" Playground at Higgs Beach Key West, Monroe County, Florida BOARD OF COUNTY COMMISSIONERS Mayor Dr. Shirley Freeman, Di~trict 3 Mayor Pro tem George Neugent, Di~trict 2 Wilhelmina Harvey. Di~trict 1 Nora William~. Di~trict 4 Mary Kay Reich, Di~trict 5 COUNTY ADMINISTRATOR Jame~ L. Robert~ CLERK OF THE CIRCUIT COURT Danny L. Kolhage DIRECTOR OF PUBLIC WORKS Dent Pierce COUNTY ENGINEER David S. Koppel, P.E. January 2000 PREPARED BY: Monroe County Public Work~ Divi~ion, Engineering Department SECTION 00001 TABLE OF CONTENTS "Astro City" Playground--'lt Higgs Beach Key West Monroe County, Florida 1. CONTRACT DOCUMENTS Section 00110 Bid Proposal Section 00500 Fixed Price Contract Between Owner and Contractor (pp. 1-18) 3. CONDITIONS OF THE CONTRACT Section 00900 Section 00970 Section 00980 Supplementary Insurance Documents (pp. 1-12 ) Project Safety and Health Plan (pp. 1-4) Contractor Quality Control Plan (pp. 1-5) 4. GENERAL REQUIREMENTS Section 01000 Section 01153 Special Conditions (pp.I-2) Change Order Procedure (pp. 1-4) 4. ORA WINGS Sheet 1 Site Plan END OF SECTION 00001 1/10/2000 TABLE OF CONTENTS 00001-1 SECTION 00110 BID PROPOSAL The Bid Proposal is included in this section of the Bidding Documents. IWn Description ~ 1. Proposal Form 2-4 2. Non-Collusion Affidavit 5-6 3. Lobbying and Conflict of Interest Clause 7 4. Drug-Free Workplace Form 8 1/10/2000 BID PROPOSAL 00110-1 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 I 4p.14erIMr2 ullBID FROM:tj:,Dominica Recreation Products,lnc r P.O. Box 520700 Longwood, FL 32752-0700 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: "Astro City" Playground at Higgs Beach. Key West. Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. 1/10/2000 BID PROPOSAL 00110-2 I acknowledge receipt of Addenda No.(s) _(noneL. I have included pages 1 through 8 of the Bid Proposal which entails the Proposal Form_, the Non-Collusion Affidavit_, the Lobbying and Conflict ofInterest Clause_, the Drug-Free Workplace Form _' Also include a copy of valid licenses (Check.lWU:k iWm above. M 11 reminder !b.a.t .tb.a ~ included.) Mailing Address: pp ~t f'~7rz, W 1-14 (VC$[) 1Ft-. ;? 7-- 7 h- --t/ 11lf) Phone Number: t(fpp (,-' 'f 7~ v tt?/4<:> 1- {)C/~) Date: ~/1/~ Signed: ~'~G, $11IU7f( L, toe/< (Name) p/?& I>hE5/b~~ /?~/IV{CA~~4-7TOI4J PhdCU>/Nc (Title) t~~- ,Ilb-~ A~a~ Witness: (Seal) ;- .'E ~;:.r~.:t.::.;i~~:-:'. \;?;;~:~~ ':,;; i,),',-;1 ;;:.~ ':~;j~::~c~~'~~\.]~~,;-~~:\:~... ~,f~' 1/1012000 BID PROPOSAL 00110-3 BID PROPOSAL EQUIPMENT: Per quotation # 99113161 (rev. 12/14/99) shall include the following items: A. 1 ea. # PS 1124 "Fantasy Fest" play structure incorporating the following components: 1. "MegaRock" climber 2. "TreeScape" deck with climber 3.2 ft. Crawl tube 4. Crow's nest with steering wheel. 5. "Wave Rider" slide 6. Handicap transfer platform. 7. "Accessibility" sign language panel with Braille. 8. Corkscrew climber 9. "Funnel" bridge 10. "BigFoot" triple slide 11. Wavy mirror panel 12. "Alpine" 30"x 8'6" spiral slide 13. Rung ladder 14. Included Decks: 6', 5' ,5' ,5' ,4',3', I' -4" with posts 15. "Thespian Theater" panel B. lea #1084 Swings: 10' HD, 3.5" rail, 4 ea. #1483- 2955 belt seats & hdw. C. 3 ea. #1472 -2953 bucket seats with hardware for 3.5" top rail swing frame D. 2 ea. #191 "Stallion" aluminum spring riders E. lea. #6056 "Race Car" 2 seater spring rider F. I ea. #6058 "Jeep" 2 seater spring rider G. 1 ea. #200 Four seat spring totter with 4 ea. #2313 saddle seats H. I ea. # 6199 Backhoe digger with seat I. I ea. #9899 Backhoe digger with access 1. 1 ea. #1338 "Space Module" climber (single, freestanding) K. I ea. #6510 "Space Arch" climber L I ea. #564 Curved balance beam Total Equipment (catalog prices) Discount per State of Florida SNAPS contract #650875 Additional Discount for January 2000 order Net equipment total Freight on total equipment weight 6, I 07 pounds Total: Delivered equipment $28,902.00 (-$4,335.00) (-$737.01) $23,829.99 ..Ai e I /"Y_ $2. 7tH.6 t .:J-iJo. .A\J~,)J !->UO ..v /")' ~...c-l' I ,., '-10 . v Optional installation rates: Installation of above equipment. by "Gametime" certified installer, no hard rock Excavation in equip. "use zone" (12" deep), est. 250 cu. yd, no hard rock Removal from site of excavated material above, est. 250 cu. yd. Delivery and placement of "playground sand", 12" deep, est 250 cu. yd. Grand Total with all optional installation: $4,425.00 $6,007.50 $3,442.50 $6.250.00 $46,665.00 1/10/2000 BID PROPOSAL 00110-4 NON-COLLUSION AFFIDAVIT I 131rlW-' '( t ~ tc [I-, , of the city of IPIitI ~ I It- according to law on my oath, and under penalty of perjury, depose and say that; 1. I am ,/llct ?IZt5IU~ of the firm of U ~/}IE ~ ~HI/JI('A R87?Y67A>~ P1?t:PC!ft.he bidder making the Proposal for the project described in this contract: "Astro City" Playground at Higgs Beach. Key West 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 been previously negotiated with the State of Florida under SNAPS contract guidelines. 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 1 /1 0/2000 BID PROPOSAL 00110-5 this affidavit in awarding contracts for said project. l::::::t:d~ ~1 ft~ (Date) STATE OF: P!9-lU i ~' :;;1/0 ;'r1-o-l~ COUNTY OF: PERSONALL Y APPEARED BEFORE ME, the undersigned authority, -1 / /.fyUZf2-. ( e, Lock_ who, after first being sworn by me, . r&U2 '27 c. L .~. (n~e of individual signing) ~xed his/her signature m the space proVlded above on tlus )iI, day of :h.{,JW"'""l' 06C'p ~~, .t:~~'-:/ Lttc;~~ NOTARY PUBLIC My commission expires: ...".1/'.~,,,~~ SANDRA l.. VEENHU!S J?'~, ~ COMMISSION # CC 594696 ~~ ~ EXPIRE!, NOV 12. 2000 '-1" >>--;-&> SuNDED 7HRU tJq fV' ATLANTlC BONDING co.. INC. 1/10/2000 BID PROPOSAL 00110-6 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA " uJd4erll1G ~ /)t?H/~k ~L/2f&.""/bA.J Pl7P{)CC-1$/ /~, (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. 0 I 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation ofthis 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". ~'~ Bat ;/cz Se~/niJ /~ ~~ (Date) STATE OF COUNTY OF PERSONALL Y APPEARED BEFORE ME, the undersigned authority, t!;,/ /CR1 {!. [0(.:'_ who, after first being sworn by me, affixed hislher signature ttt/ /Z /2 t-j ( Lo c:.4:/ in the space provided (name of individual signing) above on this 7 f!~ day of 7..u!5-fLbI. t? /L L-; I ~6 -~ / ~:, -L ~c,_~c~~ ~-./---o:hL NOTARY PUBLIC My commission expires: P(,f?_ S,ANDRA l. VEENHUIS \::, COi\MJliioriiON # CC 594696 EXF';lES NOV 12, 2000 !;C'I\if)\:O THilU ,An..t"t~TiC BONOING co~ INC. 1 /1 0/2000 BID PROPOSAL 00110-7 DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with FI. Statute 287.087 hereby certifies that: t1i5Merlf\l~ e(p Wf4.tIIV(C4- ~c~~t"'/c>#iJ P/Z4~>, I~C - (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited inthe 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 (I), 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. ~'~ rlJ/txJ MCP#5 Rev. 6/91 Date END OF SECTION 00110 1/1 0/2000 BID PROPOSAL 0011 0-8 SECTION 00500 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is made by and between Monroe County, 51~~)Wad, ~ -I' Island, Key West, Florida 33040 (hereinafter referred to as "owner") an~~miIilc~Recrfation~ Products, Inc., P.O. Box 520700, Longwood, FL 32752-0700 (heremafter referred to as "contractor") for construction of "Astro City" Playground at Higgs Beach, Key Westa (hereinafter referred to as the "Project"), the owner and the contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. It shall be effective on the date this agreement is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The contract documents consist of this agreement, the Request for Bid, the Conditions of the Contract, the General Requirements, the Technical Specifications, the drawings provided by the Contractor, all change orders, any addenda and field orders issued hereafter, any other amendments hereto executed by the parties after the execution of this Agreement. Documents not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this contract. 1.3 Entire Agreement 1.3.1 This contract, together with the contractor's public construction bond for the Project, constitute the entire and exclusive agreement between the owner and the contractor with reference to the Project. Specifically, but without limitation, this contract supersedes any bid d~ents and all prior written or oral communications, representations and negotiations, if any, betwe~ th$;.bwiir rom tr t :0 ;z: :a:.. r- con ac or. 0:;2:.:: -0 I"'I'! "'::r:: -< :0 0 ("') . r- - .." 1.4 No Privity with Others g!2' \0 0 1.4.1 Nothing contained in this contract shall create, or be interpreted to create, p~r !l otjr contractual agreement between the owner and any person or entity other than the co.~r. .z:e., ~ ,.- c _J 0 r~ fT1 Q,::o 1.5 Intent and Interpretation ' ~ 0 1.5.1 The intent of this contract is to require complete, correct and timely execution of the work. Any work that may be required, implied or inferred by the contract documents, or anyone or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract pnce. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-1 1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by anyone contract document shall be considered as required by the county commissioners. 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein, second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the owner of the contract documents, shop drawings or product data shall not relieve the contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the contractor's compliance with this contract. 1.5.8 Neither the organization of any of the contract document into divisions, sections, paragraphs, articles (or other categories), nor the organization or arrangement of the design, shall control the contractor in dividing the work or in establishing the extent or scope of the work to be performed by subcontractors. 1.6 Ownership of Contract Documents 1.6.1 The contract documents, and each of them, shall remain the property of the owner. The contractor shall have the right to keep one record set of the contract documents upon completion of the project; provided, however, that in no event shall contractor use, or permit to be used, any or all of such contract documents on other projects without the owner's prior written authorization. ARTICLE II THE WORK 2.1 The contractor shall perform all of the work required, implied or reasonably inferable from, this contract. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-2 2.2 The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this contract, including the following: construction and design of the whole project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales and use taxes; royalties and product license fees; permits and licenses required of the contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the contractor is generally described as follows: Installation of playground equipment with impact absorbing material beneath. ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1 The contractor shall commence work to be performed under this Contract no later than ninety (90) calendar days from Notice to Proceed and shall be substantially completed no later than Twenty ( 20) calendar days from the Commencement Date. The Contractor also agrees to be complete and ready for final payment no later than thirty (30) calendar days from the Substantial Completion Date. 3.1.2 The Owner and the Contractor recognize that time is of the essence in this Contract and that the Owner will suffer financial loss if the Work is not completed within the times specified above. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay ( but not as a penalty) Contractor shall pay Owner fifty dollars ($50.00) for each day that expires after the time specified above for Substantial Completion until the Work is substantially complete. 3.1.3 The Owner and Contractor agree that work on the project will be continuous from the commencement date through to the completion date. Any demobilization once work has started requires prior approval by the Owner. 3.2 Substantial Completion 3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose. Substantial Completion shall be determined by the County Engineer. 3.3 Time is of the Essence 3.3.1 All limitation of time set forth in the contract documents are of the essence of this contract. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-3 4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for all of the work required herein, the fixed sum of $46,665.00. The sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except by change order as provided in this contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to the owner and to the County Engineer a schedule of values allocating the contract price to the various portions of the work. The contractor's schedule of values shall be prepared in such form, with such detail, and supported by such data as the County Engineer or owner may require to substantiate its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any element thereof. The violation of this provision by the contractor shall constitute a material breach of this contract. The schedule of values shall be used only as a basis for the contractor's applications for payment and shall only constitute such basis after it has been acknowledged in writing by the County Engineer and the owner. 5.2 Payment Procedure 5.2.1 The owner shall pay the contract price to the contractor as provided below. 5.2.2 Progress Payments-Based upon the contractor's applications for payment and upon certificates for payment subsequently issued to the owner, the owner shall make progress payments to the contractor on account of the contract price. 5.2.3 Thirty days after commencement of the work, and every thirty days thereafter until completion of the project, the contractor may submit an application for payment to the County Engineer in such form and manner, and with such supporting data and content, as the owner or the County Engineer may require. Therein, the contractor may request payment for ninety percent (90%) of that portion of the contract price properly allocable to contract requirements properly provided, labor, materials and equipment properly incorporated in the work plus ninety percent (90%) of that portion of the contract price properly allocable to materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by the owner) for subsequent incorporation in the work, less the total amount of previous payments received from the owner. Payment for stored materials and equipment shall be conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to such materials and equipment and shall include proof of required insurance. Such application for payment shall be signed by the contractor and shall constitute the contractor's representation that the work has progressed to the level for which payment is requested in accordance with the schedule of values, that the work has been properly installed or performed in full accordance with this contract, and that the contractor knows of no reason why payment should not be made as requested. Thereafter, the County Engineer will review the application for payment and may also review the work at the project site or elsewhere to determine whether the quantity and quality of the work is as represented in the application for payment and is as required by this contract. The County Engineer shall determine and certify to the owner the amount properly owing to the contractor. The 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-4 owner shall make partial payments on account of the contract price to the contractor within twenty (20) days following the receipt by Monroe County Engineer, of each application for payment The amount of each partial payment shall be the amount certified for payment by the County Engineer less such amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have the right to withhold as authorized by this contract. The County Engineer's certification of the contractor's application for payment shall not preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3 hereinbelow. 5.2.4 The contractor warrants that all payments to subcontractors have been made as certified on the application for payment and 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 payments have been received from the owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the contractor or any other person or entity whatsoever. 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the contractor on account of such subcontractor's work, the amount to which such subcontractor is entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor may only seek payment from the contractor's public construction bond surety. In no event is the owner obligated to pay any subcontractor an amount owed to it by the contractor. Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor and its subcontractors. 5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be interpreted to constitute an acceptance of any work not in strict accordance with this contract. 5.3 Withheld Payment 5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: (a) defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; (b) claims of third parties against the owner or the owner's property; (c) fashion; failure by the contractor to pay subcontractors or others in a prompt and proper (d) evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; (e) evidence that the work will not be completed in the time required for substantial or final completion; (t) persistent failure to carry out the work in accordance with the contract; 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-5 (g) damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall promptly comply with such demand. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty (20) days after the date established herein for payment to the contractor by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any amount then due and payable to the contractor, then the contractor may after seven (7) additional days' written notice to the owner and the County Engineer, and without prejudice to any other available rights or remedies it may have, stop the work until payment of those amounts due from the owner have been received. 5.5 Substantial Completion 5.5.1 When the contractor believes that the work is substantially complete, the contractor shall submit written notice that the project is ready for substantial completion inspection. The County Engineer, on the basis of contractor's notice, shall determine that the work is in fact substantially complete. The County Engineer will prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the contractor for project security, maintenance, utilities, damage to the work, and insurance, and shall fix the time within which the contractor shall complete the items listed therein. The certificate of substantial completion shall be submitted to the contractor for written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work and execution by both the owner and the contractor of the certificate of substantial completion, the owner shall pay the contractor an amount sufficient to increase total payments to the contractor to one hundred percent (100%) of the contract price less five percent (5%) retention and less three hundred percent (300%) of the reasonable cost as determined by the owner and the County Engineer for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling all unsettled claims. The certificate of substantial completion shall not be signed by the County Engineer unless accompanied by a signed certificate of occupancy from all governing authorities. 5.6 Completion and Final Payment 5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner thereof in writing. Thereupon, the County Engineer will make final inspection of the work and, if work is complete in full accordance with this contract and this contract has been fully performed, the County Engineer will promptly issue a final certificate for payment certifying to the owner that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the County Engineer is unable to issue its final certificate for payment and is required to repeat its final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the owner from the contractor's final payment. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6 5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the County Engineer in its certificate of substantial completion, the contractor shall pay the owner the sum of two-hundred dollars per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving final completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the County Engineer its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the work for which the owner, or the owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner; and the consent of surety to final payment. The affidavits, releases and waivers required from subcontractors and materialmen are for the administrative convenience of the owner only. They do not create an obligation on the part of the owner to assure that any subcontractor or materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the contractor's public construction bond surety. 5.6.3 The owner shall make final payment of all sums due the contractor per Section 01027 of the Technical Specifications Project Manual. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. ARTICLE VI THE OWNER 6.1 Information and Services Required from Owner 6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the project. Such written and tangible material is furnished to the contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the project site. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-7 6.1.2 Excluding fees normally the responsibility of the contractor, the owner shall obtain all permits, approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The owner shall furnish the contractor, free of charge, 4 copies of the contract documents for execution of the work. The contractor will be charged, and shall pay the owner, $10 per additional set of contract documents which it may require. 6.2 Right to Stop Work 6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this contract, the owner may order the contractor to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the owner orders that work be resumed, in such event, the contractor shall immediately obey such order. 6.3 Owner's Right to Perform Work 6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor fails within three (3) days of such stoppage to provide adequate assurance to the owner that the cause of such stoppage will be eliminated or corrected, then the owner may, without prejudice to any other rights or remedies the owner may have against the contractor, proceed to carry out the subject work. In such a situation, an appropriate change order shall be issued deducting from the contract price the cost of correcting the subj ect deficiencies. If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the contractor shall pay the difference to the owner. ARTICLE VII THE CONTRACTOR 7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7. The contractor shall perform no part of the work at any time without adequate contract documents or, as appropriate, approved shop drawings, product data or samples for such portion of the work. If the contractor performs any of the work knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the County Engineer, the contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The contractor shall perform the work strictly in accordance with this contract. 7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort and attention. The contractor shall be responsible to the owner for any and all acts or omissions of the contractor, its employees and others engaged in the work on behalf of the contractor. 7.4 The contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-8 contractor shall not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without Owner's written consent given after prior written notice to County Engineer. 7.5 Warranty 7.5.1 The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. 7.6 The contractor shall obtain and pay for all fees and licenses necessary and ordinary for the work. The contractor shall secure and pay for all 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 contractor shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work. 7.7 Supervision 7.7.1 The contractor shall employ and maintain at the project site only competent supervisory personnel. Absent written instruction from the contractor to the contrary, the superintendent shall be deemed the contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the owner or the County Engineer. 7.7.2 Key supervisory personnel assigned by the contractor to this project shall be furnished in writing at the preconstruction meeting. 7.8 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner and the County Engineer for their information the following: 7.8.1 The contractor's schedule for completing the work. The contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire project. Each such revision shall be furnished to the owner and the County Engineer. Failure by the contractor to strictly comply with the provisions of this paragraph shall constitute a material breach of this contract. 7.8.2 A preliminary schedule of shop drawing submissions. 7.8.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-9 7.9 The contractor shall continuously maintain at the site, for the benefit of the owner and the County Engineer, one record copy of this contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the contractor shall maintain at the site for the owner and the County Engineer the approved shop drawings, product data, samples, other similar required submittals and an office for their use. Upon final completion of the work, all of these record documents shall be delivered to the owner. 7.10 Shop Drawings, Product Data and Samples 7.10.1 Shop drawings, product data, samples and other submittals from the contractor do not constitute contract documents. Their purpose is merely to demonstrate the manner in which the contractor intends to implement the work in conformance with information received from the contract documents. 7.10.2 The contractor shall not perform any portion of the work requiring submittal and review of shop drawings, product data or samples unless and until such submittal shall have been approved by the County Engineer. Approval by the County Engineer, however, shall not be evidence that work installed pursuant thereto conforms with the requirements of this contract. 7.11 Cleaning the Site and the Project 7.11.1 The contractor shall keep the site reasonably clean during performance of the work. Upon fmal completion of the work, the contractor shall clean the site and the project and remove all waste, together with all of the contractor's property therefrom. 7.12 Access to Work 7.12.1 The owner and the County Engineer shall have access to the work at all times from commencement of the work through final completion. The contractor shall take whatever steps necessary to provide access when requested. 7.13 Indemnity 7.13.1 To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the owner from and against liability, claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from performance of the work, provided that such liability, claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such liability, claim, damage, loss or expense is caused in part by a party indemnified hereunder. The indemnification required by this paragraph 7.13 is independent of the contractor's obligation to purchase the insurance described in Article XIII and is not limited or modified by the terms of those insurance policies. 7.13.2 In claims against any person or entity indemnified under this paragraph 7.13 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 7.13 shall not be 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-10 limited by a limitation on amount or type of damage, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.13.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the owner and County Engineer harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the contract. 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 County Engineer. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 Claims by the Contractor 8.1.1 All contractor claims shall be initiated by written notice and claim to the owner and the County Engineer. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. 8.1.2 Pending final resolution of any claim of the contractor, the contractor shall diligently proceed with performance of this contract and the owner shall continue to make payments to the contractor in accordance with this contract. The resolution of any claim under this paragraph 8.1 shall be reflected by a change order executed by the owner, the County Engineer and the contractor. 8.1.3 Claims for Additional Costs-If the contractor wishes to make a claim for an increase in the contract price, as a condition precedent to any liability of the owner therefor, the contractor shall give the County Engineer written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the contractor before proceeding to execute any additional or changed work. The failure by the contractor to give such notice and to give such notice prior to executing the work shall constitute a waiver of any claim for additional compensation. 8.1.3.1 In connection with any claim by the contractor against the owner for compensation in excess of the contract price, any liability of the owner for the contractor's costs shall be strictly limited to direct costs incurred by the contractor and shall in no event include indirect costs or consequential damages to the contractor. The owner shall not be liable to the contractor for claims of third parties, including subcontractors, unless and until liability of the contractor has been established therefor in a court of competent jurisdiction. 8.1.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the owner or someone acting on the owner's behalf, or by changes ordered in the work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then the date for achieving substantial completion of the work shall be extended upon the written notice and claim of the 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-11 contractor to the owner and the County Engineer, for such reasonable time as the County Engineer may determine. Any notice and claim for an extension of time by the contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the contractor's basis for requiring additional time in which to complete the project. In the event the delay to the contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the contractor fails to make such claim as required in this subparagraph, any claim for an extension of time shall be waived. In no event is the contractor entitled to additional compensation for any delay described in this paragraph 8.1.4 or other paragraphs. 8.2 Field Orders 8.2.1 The County Engineer shall have authority to order minor changes in the work not involving a change in the contract price or in contract time and not inconsistent with the intent of the contract. Such changes shall be effected by field order and shall be binding upon the contractor. The contractor shall carry out such field orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a portion of the work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the names of persons or entities proposed by the contractor to act as a subcontractor on the project. The owner shall promptly reply to the contractor, in writing, stating any objections the owner may have to such proposed subcontractor. The contractor shall not enter into a subcontract with a proposed subcontractor with reference to whom the owner has made timely objection. The contractor shall not be required to subcontract with any party to whom the contractor has objection. 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which correspond to those rights afforded to the owner against the contractor herein, including those rights afforded to the owner by subparagraph 12.2.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Changes Permitted 10.1.1 Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this contract, by change order or by field order. 10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the contractor shall proceed promptly with such changes. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-12 10.2 Change Order Defined 10.2.1 Change order shall mean a written order to the contractor executed by the owner and the County Engineer, issued after execution of this contract, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. 10.3 Changes in the Contract Price 10.3.1 Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order; or (b) if no mutual agreement occurs between the owner and the contractor, then, as provided in subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined by the County Engineer on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5%. 10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so changed in a proposed change order that application of such unit prices to the quantities of work proposed will cause substantial inequity to the owner or to the contractor, the applicable unit prices shall be equitably adjusted. 10.4 Minor Changes 10.4.1 The County Engineer shall have authority to order minor changes in the work not involving a change in the contract price or an extension of the contract time and not inconsistent with the intent of this contract. Such minor changes shall be made by written field order, and shall be binding upon the owner and the contractor. The contractor shall promptly carry out such written field orders. 10.5 Effect of Executed Change Order 10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this contract as thus amended, the contract price and the contract time. The contractor, by executing the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 10.6 Notice to Surety; Consent 10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's surety with reference to all change orders if such notice, consent or approval is required by the contractor's surety or by law. The contractor's execution of the change order shall constitute the contractor's warranty to the owner that the surety has been notified of, and consents to, such change order and the surety shall 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-13 be conclusively deemed to have been notified of such change order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the work is covered contrary to the County Engineer's request or to any provisions of this contract, it shall, if required by the County Engineer or the owner, be uncovered for the County Engineer's inspection and shall be properly replaced at the contractor's expense without change in the contract time. 11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1 above, it shall, if required by the County Engineer or owner, be uncovered for the County Engineer's inspection. If such work conforms strictly with this contract, costs of uncovering and property replacement shall by change order be charged to the owner. If such work does not strictly conform with this contract, the contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The contractor shall immediately proceed to correct work rejected by the County Engineer as defective or failing to conform to this contract. The contractor shall pay all costs and expenses associated with correcting such rejected work, including any additional testing and inspections. 11.2.2 If within one (1) year after final completion of the work any of the work is found to be defective or not in accordance with this contract, the contractor shall correct it promptly upon receipt of written notice from the owner. This obligation shall survive final payment by the owner and termination of this contract. With respect to work first performed and completed after substantial completion, this one-year obligation to specifically correct defective and nonconforming work shall be extended by the period of time which elapses between substantial completion and completion of the subject work. 11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with respect to other obligations which the contractor has either under this contract or under the laws of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2 relates only to the duty of the contractor to specifically correct the work. 11.3 Owner May Accept Defective or Nonconforming Work 11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so. In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming work and (b) the difference between the fair market value of the project as constructed and the fair market value of the project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for its acceptance of defective or nonconforming work, the contractor shall, upon written demand from the owner, pay the owner such remaining compensation for accepting defective or nonconforming work. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-14 ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the contractor or any person or entity working directly or indirectly for the contractor, the contractor may, upon ten (10) days' written notice to the owner and the County Engineer, terminate performance under this contract and recover from the owner payment for the actual reasonable expenditures of the contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the work, less any salvage value of any such items. 12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the contractor for a period of fifteen (15) days after receiving written notice from the contractor of its intent to terminate hereunder, the contractor may terminate performance under this contract by written notice to the County Engineer and the owner. In such event, the contractor shall be entitled to recover from the owner as though the owner had terminated the contractor's performance under this contract for convenience pursuant to subparagraph 12.2.1 hereunder. 12.2 Termination by the Owner 12.2.1 For Convenience: 12.2.1.1 The owner may for any reason whatsoever terminate performance under this contract by the contractor for convenience. The owner shall give written notice of such termination to the contractor specifying when termination becomes effective. 12.2.1.2 The contractor shall incur no further obligations in connection with the work and the contractor shall stop work when such termination becomes effective. The contractor shall also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The owner may direct the contractor to assign the contractor's rights, title and interest under terminated orders or subcontracts to the owner or its designee. 12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the contractor has. 12.2.1.4 (a) The contractor shall submit termination claim to the owner and the County Engineer specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the County Engineer. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the owner shall pay the contractor, an amount derived in accordance with subparagraph (c) below. 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-15 (b) The owner and the contractor may agree to the compensation, if any, due to the contractor hereunder. (c) Absent agreement to the amount due to the contractor, the owner shall pay the contractor the following amounts: (i) Contract pnces for labor, materials, equipment and other services accepted under this contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the contractor would have not profited or would have sustained a loss if the entire contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed the total contract price as properly adjusted, shall be reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause: 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this contract, then the owner may by written notice to the contractor, without prejudice to any other right or remedy, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the contractor and may finish the work by whatever methods it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. 12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive the termination of the contract. 12.2.2.3 In the event the employment of the contractor is terminated by the owner for cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-16 termination for convenience under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 The insurance required under this contract is set forth in Section 00900 of the Project Manual. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law 14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 14.2 Successors and Assigns 14.2.1 The owner and contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The contractor shall not assign this contract without written consent of the owner. 14.3 Surety Bonds 14.3.1 The contractor shall furnish the public construction bond in the amount and form set forth in Section 255.05, Florida Statutes. 14.4 Public Entity Crime Statement 14.4.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14.5 Trench Safety 14.5.1 If applicable to the project, the contractor shall comply with all relevant provisions of the Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.). 14.6 Contingency 14.6.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 14.7 Effective Date 1/7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-17 14.7.1 This contract will take effect on the date ofthe Notice to Proceed. ESS WHEREOF, each party has caused this Agreement to be executed by its duly tative this 7 ~ day of 7~"f<.VIJ(iL( ~.J.-oo a BOARD OF COUNTY COMMISSIONERS . KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA B; ~~-F~ Mayor/Chairman Date ~ '9. 2000 (SEAL) Attest: CONTRACTOR By: -:i:sf;; '1. ~ '. ~::--::1:,- "....... '" .:.1',,;'--,....,.., .... J':.:r~!\!HUIS , cni..L;".,SIOH /# CC 594696 .....~ '~X~lnf'r; r~G'.,' 12, :.:000 :~,: .;:;:..",. /1TL~\t"'IJYIC'~O,~1~~lf~~LOO." lNC. By: PU:U,t .~ t?U-e~t: <- Title: ~~l.Jj,~.A-I~/~ Title: END OF SECTION 00500 ~ BRC ERT N. W ;/ .',:- // DATE '2--- / ?-~l')tJ 1 /7/2000 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-18 1996 Edition GENERAL INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at hislher 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. 1/7/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-1 1996 Edition In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. 1/7/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-2 1996 Edition GENERAL INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at hislher 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 ofInsurance 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. 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900- 1 1996 Edition In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900- 2 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your finn. Please review this fonn with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the fonn and submit it with each proposal. WORKER'S COMPENSA nON AHD EMPLOYERS' LIABILITY WCl WC2 WC3 WCUSLH Workers' Compensation _X_Employers'Liability Employers' Liability Employers' Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 $1,000,000/$1,000,000/$1,000,000 WCJA $1,000,000/$1,000,000/$1,000,000 INSCKLST 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-3 1996 Edition 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: GL 1 _X_ $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit GL2 $ 250,000 per Person; $500,000 per Occurrence $ 50,000 Property Damage or $ 500,000 Combined Single Limit GL3 $ 500,000 per Person; $1,000,000 per Occurrence $ 100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $ 5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-4 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned; Nonowned; and Hired Vehicles Required Limits: VL 1 X $ 50,000 per Person; $100,000 per Occurrence $ 25,000 Property Damage or $ 100,000 Combined Single Limit VL2 $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit VL3 $ 500,000 per Person; $1,000,000 per Occurrence $ 100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $ 5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BRl MVC Builders' Risk Motor Truck Cargo shipment. Limits equal to the completed project. Limits equal to the maximum value of anyone PRO 1 PR02 PR03 POLl POL2 POL3 Professional Liability $ 250,000 per Occurrence I $ 500,000 Agg. $ 500,000 per Occurrence I $ 1,000,000 Agg. $1,000,000 per Occurrence I $ 2,000,000 Agg. $ 500,000 per Occurrence I $ 1,000,000 Agg. $1,000,000 per Occurrence I $ 2,000,000 Agg. $5,000,000 per Occurrence I $10,000,000 Agg. Pollution Liability EDl ED2 Employee Dishonesty $ 10,000 $ 100,000 GKI GK2 GIG Garage Keepers $ 300,000 ($ 25,000 per Veh.) $ 500,000 ($100,000 per Veh.) $1,000,000 ($250,000 per Veh.) INSCKLST 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-5 1996 Ed/lion MED1 Medical $ 250,000/$ 750,000 Agg. MED2 _ Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF - Installation Maximum Value of Equipment Installed Floater VLP1 - Hazardous $ 300,000 (Requires MCS-90) VLP2 - Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL - Bailee Liab. Maximum Value of Property HKLI - Hangarkeepers $ 300,000 HKL2 - Liability $ 500,000 HKL3 - $ 1,000,000 AIR1 - Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AE01 - Architects $ 250,000 per Occurrence/$ 500,000 Agg. AE02 - Errors & $ 500,000 per Occurrence/$I,OOO,OOO Agg. AE03 - Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg. E01 - Engineers $ 250,000 per Occurrence/$ 500,000 Agg. E02 - Errors & $ 500,000 per Occurrence/$1 ,000,000 Agg. E03 - Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST 1 /12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6 1996 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _Occurrence _Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. u~ Bidder 'OlJI'f/llJ/tA ~ irZPl?f'i'VC s~.~- INSCKLST 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-7 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: "Astro City" Playground at Higgs Beach, Key West BETWEEN MONROE COUNTY, FLORIDA AND II~ .. Cj /JtMe'T1JJ€- IY ~Dominica Recreation Products, Inc. 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: $ lOO,OOO Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits $ lOO,OOO 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. Ifthe 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 ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-8 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT:: "Astro City" Playground at Higgs Beach, Key West BETWEEN MONROE COUNTY, FLORIDA , AND ; t1t:rMer/~ /' ~Dominica Recreation Products, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $ 300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl 1/12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-9 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT:: "Astro City" Playground at Higgs Beach, Key West BETWEEN MONROE COUNTY, FLORIDA · AND JJJjY u~-r{1--IE tJ9 -lJo Dominica Recreation Products, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life ofthe contract and include, as a minimum, liability coverage for: - Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $ 100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl 1 /12/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900- 1 0 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 Waivin~ 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. 1/7/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900- 11 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: 1/7/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 00900- 1 2 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULA nONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. 1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS A. It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, the following: 1. In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. 2. The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. 3. Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. 4. Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, water supply, fire protection, sanitation facilities, waste disposal and other related items. 5. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 6. A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to Monroe County. A copy of the insurance report for workmen compensation cases shall be provided to Monroe County. 1/7/2000 PROJECT SAFETY & HEALTH PLAN 00970-1 7. Each Contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. 8. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 9. Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. If after adequate notice by the owner is given, and a particular trade contractor does not clean up his work, the appropriate contractors will be backcharged. 10. This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. 11. Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. 12. Temporary construction aids such as ladders, scaffolds, stairs, railings, etc., shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, State, Local or manufacturer's recommendations or stipulations. 13. Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. 14. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1/7/2000 00970-2 PROJECT SAFETY & HEALTH PLAN 15. All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. 16. All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes on the forms provided. These forms are to be transmitted to Monroe County on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. 17. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. 18. No personal radios or stereos will be allowed on the job-site. 1.3 FIRE PROTECTION A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES A. It shall be the Contractor's sole and exclusive responsibility (a) to provide personnel capable of working adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner of the Architect or the Construction Manager. 1/7/2000 PROJECT SAFETY & HEALTH PLAN 00970-3 1.5 BARRICADES, WARNING DEVICES AND LIGHTING A. The Contractor shall be solely responsible for providing temporary ladders guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or the Construction Manger. END OF SECTION 00970 1 /712000 PROJECT SAFETY & HEALTH PLAN 00970-4 SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 ENGINEERING DUTIES AND RESPONSIBILITIES A. The Project Engineer will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to the County Engineer. Any submittal that is at variance to the contract requirements must be identified as such and submitted to the Project Engineer for approval. No work requiring submittal of a shop drawing product data or sample shall commence until the submittal has been reviewed and approved by the County Engineer. D. The Contractor will bear the responsibility of scheduling all required testing and inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality 1/7/2000 CONTRACTOR QUALITY CONTROL PLAN 00980-1 standards, contract drawings and specifications shall be brought to the attention of the Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to County Engineer is completed. 1.3 INSPECTION AND TESTING A. INSPECTION PLAN Engineering utilizes a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: 1. Preparatory Inspection - Prior to commencing the work, the Contractor's Quality Control Representative will meet with the Project Engineer or their designee to attend and check the following items at a minimum for conformance: a. Approval of shop drawings and submittals. b. Approval of inspection and test reports of materials and equipment to be utilized. c. Completion of previous operations of preliminary work. d. Availability of materials and equipment required. e. Potential utility outages. f. Any other preparatory steps dependent upon the particular operation. g. Quality standards. h. Safety or environmental precautions to be observed. (Phase Hazard) Note: Project Engineer will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection - Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with the Project Engineer and check the following items at a minimum for conformance: a. Workmanship to established quality standards. b. Configuration to contract drawings and specifications. 1/7/2000 CONTRACTOR QUALITY CONTROL PLAN 00980- 2 c. Construction methods, equipment and tools utilized. d. Materials and articles utilized. e. Adequacy of testing methods. f. Adequacy of shop drawings. g. Adequacy of safety or environmental precautions. Note: Project Engineer will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections - The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to the Project Engineer for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.4.B of this plan). Note: The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections - Upon completion ofa given feature of the work, the Contractor's Quality Control Representative will meet with the Project Engineer to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Contractor Shall conduct and report corrections of this inspection which shall be a required submittal. 1/7/2000 00980-3 CONTRACTOR QUALITY CONTROL PLAN 5. Follow-Up Inspections - Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: Project Engineer will record the minutes to this inspection meeting. 6. Pre-Final Inspection - Upon substantial completion of the project work Project Engineer shall coordinate and conduct a universal inspection of all areas and elements of the work. This inspection shall be completed at least fifteen (15) days prior to the final substantial completion inspection which shall be conducted by the ArchitectlEngineer. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. B. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Project Engineer will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. C. FINAL INSPECTION Engineering will coordinate and attend all final inspections of the work by the Contractor. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 for contract close-out. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAIL Y QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for 1/7/2000 CONTRACTOR QUALITY CONTROL PLAN 00980-4 daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Engineering. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his information and/or action. It should also be included in the Contractor's Daily Construction Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance need to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counteraffect payments. Whether that be partial or full retainage will be left up to the discretion of Project Engineer. 1.5 AUDITS A. Engineering may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. END OF SECTION 00980 1/10/2000 CONTRACTOR QUALITY CONTROL PLAN 00980-5 SECTION 01000 SPECIAL CONDITIONS 1.1 SCOPE A. The Project consists of the installation of playground equipment as identified on Dominica Recreation Products, Inc. Quote # 99113161 of December 14, 1999. The Project is known as "Astro City" playground at Higgs Beach, Key West 1.2 STANDARD DOCUMENTS A. Construction shown on the Drawings shall conform to the recommendations of the Consumer Product Safety Commission and the equipment manufacturer's recommendations. 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 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. 1/7/2000 SPECIAL CONDITIONS 01000-1 1.5 FIELD MEASURE Contract price includes excavation of existing soils, removal of excavated materials, and placement of playground sands to provide an impact absorbing surface in the "use zones" of playground equipment. The contract value of this work is based on estimated unit quantities. An existing play structure was included with the new equipment in these calculated quantities. Site conditions vary. Contractor and Owner shall jointly measure and determine quantities on the site during construction and, if significantly different than estimated, adjust the payment for these items on a pro-rated basis by Change Order. Estimated quantities and values are included on quote # 99113161 and shown in Section 00110-4 of this contract. 1/11/2000 SPECIAL CONDITIONS 01000-2 SECTION 01153 CHANGE ORDER PROCEDURE PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Make such changes in the Work, in the Contract Sum, in the Contract Time of Completion, or any combination thereof, as are described in written Change Orders signed by the Owner and the Architect and issued after execution of the Contract, in accordance with the provisions of this Section. B. Related Work: Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such measures as are needed to assure familiarity of the Contractor's staff and employees with these procedures for processing Change Order data. 1.3 SUBMITTALS A. Make submittals directly to the County Engineer at the address shown on the Project Directory in the Project Manual. B. Submit the number of copies called for under the various items listed in this Section. 1.4 PROJECT HANDLING A. Maintain a "Register of Bulletins and Change Orders" at the job site, accurately reflecting current status of all pertinent data. B. Make the Register available to the County Engineer for review at his request. 1.5 PROCESSING CHANGES INITIATED BY THE OWNER A. Should the Owner contemplate making a change in the Work or a change in the Contract Time of Completion, the County Engineer will issue a "Bulletin" to the Contractor. 1. Bulletins will be dated and will be numbered in sequence. 1/7/2000 CHANGE ORDER PROCEDURE o 1 1 53- 1 2. The Bulletin will describe the contemplated change and will carry one ofthe following instructions to the Contractor: a. Make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion. b. Promptly advise the County Engineer as to credit or cost proposed for the described change. This is not an authorization to proceed with the change. B. If the Contractor has been directed by the County Engineer to make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion, but the Contractor wishes to make a claim for one or both of such changes, the Contractor shall proceed with the change and shall notify the Architect of the change. C. If the Contractor has been directed by the County Engineer to make the described change subject to later determination of cost or credit, the Contractor shall: 1. Take such measures as needed to make the change. 2. Consult with the County Engineer and reach agreement on the most appropriate method for determining credit or cost for the change. D. If the Contractor has been directed by the County Engineer to promptly advise him as to credit or cost proposed for the described change, the Contractor shall: 1. Analyze the described change and its impact on costs and time. 2. Secure the required information and forward it to the County Engineer for reVIew. 3. Meet with the County Engineer as required to explain costs and, when appropriate, determine other acceptable ways to achieve the desired objective. 4. Alert pertinent personnel and subcontractors as to the impending change and, to the maximum extent possible, avoid such work as would increase the Owner's cost for making the change, advising the County Engineer in writing when such avoidance no longer is practicable. 1.6 PROCESSING CHANGES INITIATED BY THE CONTRACTOR A. Should the Contractor discover a discrepancy among the Contract Documents, a concealed condition, or other cause for suggesting a change in the Work, a change in the Contract Sum, or a change in the Contract Time of Completion, he shall notify the County Engineer as required by pertinent provisions of the Contract Documents. 1/7/2000 CHANGE ORDER PROCEDURE 01153-2 B. Upon agreement by the County Engineer that there is reasonable cause to consider the Contractor's proposed change, the Architect will issue a Bulletin in accordance with the provisions described in Article 1.5 above. 1.7 PROCESSING BULLETINS A. Make written reply to the County Engineer in response to each Bulletin. 1. State proposed change in the Contract Sum, if any. 2. State proposed change in the Contract Time of Completion, ifany. 3. Clearly describe other changes in the Work required by the proposed change, or desirable therewith, if any. 4. Include full backup data such as subcontractor's letter of proposal or similar information. 5. Submit this response in single copy. B. When cost or credit for the change has been agreed upon by the Owner and the Contractor, or the Owner has directed that cost or credit be determined, then the County Engineer will issue a "Change Order" to the Contractor. 1.8 PROCESSING CHANGE ORDERS A. Change Orders will be dated and will be numbered in sequence. B. The Change Order will describe the change or changes, will refer to the Bulletin or Bulletins involved, and will be signed by the Owner and the County Engineer. C. The County Engineer will issue three copies of each Change Order to the Contractor. 1. The Contractor promptly shall sign all three copies and return two copies to the County Engineer. 2. The County Engineer will retain one signed copy in his file and will forward one signed copy to the Owner. D. Should the Contractor disagree with the stipulated change in Contract Sum or change in Contract Time of Completion, or both: 1. The Contractor promptly shall return three copies of the Change Order, unsigned by him, to the County Engineer with a letter signed by the Contractor and stating the reason or reasons for the Contractor's disagreement. 1/7/2000 CHANGE ORDER PROCEDURE 01153-3 2. The Contractor's disagreement with the Change Order shall not in any way relieve the Contractor of his responsibility to proceed with the change as ordered and to seek settlement for the dispute under pertinent provisions of the Contract Documents. r I I ..........r END OF SECTION 01153 1/7/2000 01153-4 CHANGE ORDER PROCEDURE