05/18/2005 Agreement
I:IBrIlIl1llB
Circul coun
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memnrandum
To:
Dave Koppel, County Engineer
Construction Management
Attn:
Jo Walters . Q)
Isabel C. DeSantis, Deputy Clerk /
From:
Date:
Wednesday, November 02, 2005
At the BOCC meeting on May 18, 2005 the Board approved the following:
Standard Form of Agreement between Monroe County and Overholt Construction
Corporation for construction of North Key Largo Fire Station #25, in the amount of
$2,030,500.
Enclosed is a fully executed duplicate original for your handling. Should you have
any questions concerning this matter, please do not hesitate to contact this office.
Copies: Finance
County AtJDrney
File v/'
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
made as of the 18th day of May in the year of TWO THOUSAND FIVE
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Overholt Construction Corporation
10460 SW 18ih Terrace
Miami, Florida 33157
For the following Project: Monroe County Fire Station #25
(Include detailed description of project, 220 Reef Drive
location, address and scope) Key Largo, FL
SCOPE: The construction of a new Fire Station facility to include the demolition of existing structures on site and
general site clearing. Clearing of hammock area and resulting landscape mitigation requirements. Site work,
installation of site utilities and infrastructure, paving, lighting, landscaping, grading, and drainage. Construction of
a new concrete masonry Fire Station structure of approximately 8,055 square feet. Construction of interior
partitions and ceilings for Fire Station structure.
The Construction Manager is:
(Name and address)
Larry Chalmers, AlA
Monroe County Construction Managem~t 0
1100 Simonton Street $ ~
Second Floor - Room 2-216 ~p~
Key West, Florida 33040 n?=r
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The Architect is:
William P. Horn Architect, P.A.
915 Eaton Street
Key West, FL 33040
The Owner and Contractor agree as set forth below.
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04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is
made for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial
Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)
365
calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
L1QUlDA TED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by
the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be
utilized to determine the amount of liquidated damages.
FIRST
15 DAYS
$500.00/DA Y
SECOND
15 DAYS
$1 ,OOO.OO/DA Y
31ST DAY &
THEREAFTER
$3,500/DA Y
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 2
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of two-million. thirty-thousand, and five hundred Dollars/100 ($2,030,500.), subject to additions
and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
Alternates: 2,3,5,8,9 and 13.
Subtotal Alternates
($700.00)
$5,500.00
$4,700.00
($30,000.00)
($2,500.00)
($13.000.00)
($36 500 001
Subtotal Base Bid + Alternates $2,030,500.00
4.3
Unit prices, if any, are as follows:
NONE
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner
shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere
in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day
of the month, or as follows:
5.3 Upon receipt from Contractor of an Application for Payment, Owner shall comply with the Florida Prompt
Payment Act, Sections 218.735 and 218.74 F.S. in making payment to contractor.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying
the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that
portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination
of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment.
The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in a change the allowance for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 3
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified
under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety
percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
NONE
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Construction Manager and Architect: such final payment shall be made pursuant
to the Florida Prompt Payment Act, Sections 218.735 and 218.74, F.S.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the
Contract Documents.
7.2 Temporary facilities and services:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
7.3 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.4 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
7.5 The following items are part of this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to Contractor.
04/28/05 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500- 4
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
h) Nondiscrimination. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101- 61 07) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may
appl~ t~ th~ parties to, or the subject matter of, this Agreemen~ Monroe County Code Ch. 13, Art. VI, prohibiting
diSCrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age.
04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 5
i) Covenant of No Interest. County and Contractor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethics. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
k) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
I) Public Access. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County
be required to contain any provision for waiver.
n) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This
Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
p) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
q) Attestations. Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
r) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement.
04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 6
s) Execution in Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such counterpart.
t) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
Januarv 2005. and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Contract Drawings.
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.6 Other documents, if any, forming part of the contract Documents are as follows:
Number
1 (Pre-Bid meeting minutes
2 (changes bid date and clarifies items)
2 (Alternate Prices) for bid
2 Chain-Link Fences and Gates
clarifies bidding requirements
Date
2/22/05
3/18/05
3/18/05
3/18/05
Pages
2
6
2
11
04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 7
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Construction Manager and Architect for use in the administration of the Contract, and the
remainder to the Owner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: '~c:..~~ By
Deputy Clerk
Date 05- I ~ ....() ~
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(SEAL)
Attest:
By:
By:
Title:
END OF SECTION 00500
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04/28/05
AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500- 8
Section 00750
General Conditions of the Contract for Construction
Where the Construction Manager is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
General Conditions of the Contract for Construction
00750- 1
ARTICLE I
GENERAL PROVISIONS
1 .1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor (hereinafter), Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to
execution of the Contract, other documents listed in the Agreement and Modifications issued
after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in
the Agreement, the Contract Documents do not include other documents such as bidding
requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding requirements).
1.1.2 The Contract: The Contract Documents form the Contract for Construction. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a Modification. The Contract Documents shall
not be construed to create a contractual relationship of any kind (1) between the Architect and
Contractor, (2) Between the Construction Manager and Contractor, (3) between the Architect
and construction Manager, (4) between the Owner and a Subcontractor of subcontractor or (5)
between any persons or entities other than the Owner and Contractor. The Construction
Manager and Architect shall, however, be entitled to performance and enforcement of
obligations under the Contract intended to facilitate performance of their duties.
1 .1 .3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by the Construction Manager.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
General Conditions of the Contract for Construction
00750-2
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author of them and will retain all
common law, statutory and other reserved rights, in addition to the copyright. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work. The Drawings, Specifications and other
documents prepared by the Architect, and copies thereof furnished to the Contractor, are for
use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for use in the execution of their Work
under the Contract Documents. All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and other documents prepared
by the Architect. Submittal or distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as publication in derogation of
the Architect's copyright or other reserved rights.
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, all copies of Drawings and Specifications reasonably necessary for the
execution of the Work.
1,4 Capitalization
1.4.1 Terms Capitalization in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
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00750- 3
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1,5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1 .1 The Owner is the person or entity identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Owner means the
Owner or the Owner's authorized representative.
2,2 Information and Services Required of the Owner
2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures
or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents, the Owner, through the Construction Manager, shall secure and pay for the
building permit.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The Owner shall forward all communications to the Contractor through the Construction
Manager and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements
of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work
in accordance with the Contract Documents, the Owner, by written order signed personally or
by an agent specifically so empowered by the Owner in writing, may order the Contractor to
stop the Work, or any portion thereof, until the cause for such order has been eliminated;
General Conditions of the Contract for Construction
00750- 4
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other person or entity.
2,4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for the Construction Manager's and Architect's and their
respective consultants' additional services and expenses made necessary by such default,
neglect or failure. Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect, after consultation with the Construction Manager. If
payments then or thereafter due the Contractor are not sufficient to cover such amounts, the
Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has
right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of
a serious nature, as determined by the Construction Manager, notice will be given, and
contractor is required to rectify deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout this Agreement as if singular in number. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by the Construction Manager, and that
are identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to the Construction Manager and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to the Construction Manager and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Construction Manager and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
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00750-5
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to the Construction Manager and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3,3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of
the Work under this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the Construction Manager or
Architect in their administration of the Contract, or by test, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor employee is determined to be detrimental to the Project, as deemed by the
Construction Manager, the Contractor will remove and/or replace the employee at the request
of the Construction Manager. Employees dismissed from the project will be transported from
the job site at the Contractor's expense.
General Conditions of the Contract for Construction
00750-6
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with the Construction Manager, if
required, to accommodate any discovered variations or deviations from the Drawings and
Specifications so that the progress of the Work is not adversely affected.
3,5 Warranty
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective.
The Contractor's warranty excludes remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage. If required by the Construction
Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
3,6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or
portions thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3,7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees,
licenses, inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required at the time
bids are received. The Owner will not assess any County building permit or County impact
fees. The Contractor will be responsible for any other building permit costs or impact fees
required for this project. The Contractor shall secure and pay for all building and specialty
permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to the Construction Manager,
Architect and Owner, the Contractor shall assume full responsibility for such Work and shall
bear the attributable costs.
General Conditions of the Contract for Construction
00750- 7
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to the Construction Manager and shall not be changed
except with the consent of the Construction Manager, unless the superintendent proves to be
unsatisfactory to the Contractor or ceases to be in his employ.
3,10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and the Construction Manager's approval a
Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits
current under the Contract Documents, shall be revised as appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
and practicable execution of the Work. This schedule, to be submitted within seven (7) days
after Contract Award, shall indicate the dates for the starting and completion of the various
stages of construction, shall be revised as required by the conditions of the Work, and shall be
subject to the Construction Manager's approval.
3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and
performing the Contractor's Work to avoid conflict, delay in or interference with the Work of
other Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 The Construction Manager will conduct a weekly scheduling meeting which the
Contractor shall attend. At this meeting, the parties can discuss jointly such matters as
progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Construction Manager and Architect and shall be delivered to the Construction
Manager for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
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00750- 8
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by the Architect is
subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in
accordance with the schedule and sequence approved by the Construction Manager, Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
The Contractor shall cooperate with the Construction Manager in the coordination of the
Contractor's Shop Drawings, Product Data, Samples and similar submittals with related
documents submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by the Construction Manager and Architect. Such Work shall be in accordance
with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the Construction Manager's and Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically
informed the Construction Manager and Architect in writing of such deviation at the time of
submittal and the Construction Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions
in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's
and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by the Construction Manager and Architect on previous submittals.
3.12.10 Informational submittals upon which the Construction Manager and Architect are not
expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the Construction Manager and Architect
shall be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials through the Architect to the
Construction Manager for approval by the Owner.
General Conditions of the Contract for Construction
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3,13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber the site
with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, the Construction Manager before using any portion of the site.
3,14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of the Construction Manger, Owner and such other contractors: such consent shall not
be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of the Architect/Engineer shall also
be required. The Contractor shall not unreasonably withhold from the Construction Manager or
any separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3,15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Construction Manager.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the
Construction Manager may do so with the Owner's approval and the cost thereof shall be
charged to the Contractor.
3,16 Access to Work
3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend
suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager
and Architect harmless from loss on account thereof, but shall not be responsible for such
General Conditions of the Contract for Construction 00750- 10
defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason
to believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3,18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Contractor is for the indemnification provided for the
above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4,1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4,2 Construction Manager
4.2.1 The Construction Manager is the person or entity identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number. The term
"Construction Manager" means the Construction Manager or the Construction Manager's
authorized representative.
4,3 Duties, responsibilities and limitations of authority of the Construction Manager and
Architect as set forth in the Contract Documents shall not be restricted, modified or extended
without written consent of the Owner, Construction Manager, Architect and Contractor.
Consent shall not be unreasonably withheld.
4,4 In case of termination of employment of the Construction Manager or Architect, the
Owner shall appoint a construction manager or architect against whom the Contractor makes
no reasonable objection and whose status under the Contract Documents shall be that of the
former construction manager or architect, respectively.
4,6 Administration of the Contract
4.6.1 The Construction Manager and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. The Construction Manager and
General Conditions of the Contract for Construction 00750- 11
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 The Construction Manager will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 The Construction Manager will provide for coordination of the activities of other
Contractors and of the Owner's own forces with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other Contractors and Construction
Manager and Owner in reviewing their construction schedules when directed to do so. The
Contractor shall make any revisions to the Construction schedule deemed necessary after a
joint review and mutual agreement. The construction schedules shall constitute the schedules
to be used by the Contractor, other Contractors, the Construction Manager and the Owner until
subsequently revised.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to
determine in general if the Work is being performed in a manner indicating that the Work, when
completed, will be in accordance with the Contract Documents. However, the Architect will not
be required to make exhaustive or continuous onsite inspections to check quality or quantity of
the Work. On the basis of on-site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to guard the Owner against defects
and deficiencies in the work.
4.6.6 The Construction Manager, except to the extent required by Architect will not have
control over or charge of and will not be responsible for construction means, method,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the Work, since these are solely the Contractor's responsibility as provided in Paragraph
3.3, and neither will be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents. Neither the Construction Manager nor the Architect
will have control over or charge of or be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions of
the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through the Construction Manager, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and
with Subcontractors and material suppliers shall be through the Contractor. Communications
by and with other Contractors shall be through the Construction Manager and shall be
contemporaneously provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. The Architect will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application and Project
Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the
Architect will submit the Project Application and Project Certificate for Payment, along with the
applicable Contractors' Applications and Certificates for Payment, to the Construction Manager.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, and the certifications of the Construction Manager, the Architect will review and
certify the amounts due the Contractors and will issue a Project Certificate for Payment.
General Conditions of the Contract for Construction 00750- 12
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying the Construction Manager. Subject to review by the Architect,
the Construction Manager will have the authority to reject Work which does not conform to the
Contract Documents. Whenever the Construction Manager considers it necessary or advisable
for implementation of the intent of the Contract Documents, the Construction Manager will have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's
authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
of the Architect or the Construction Manager to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to the Construction Manager those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 The Construction Manager will prepare Change Orders and Construction Change
Directives.
4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Architect will forward to the Construction Manager a final Project Application
and Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
General Conditions of the Contract for Construction
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4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Construction Manager,
Owner or Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4,7 Claims and Disputes
4.7.1 Definition. A Claim is demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the
Construction Manager or Architect, shall be referred initially to the Architect for action as
provided in Paragraph 4.8. A decision by the Architect, as provided in Subparagraph 4.8.4,
shall be required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of (1)
whether such matters relate to execution and progress of the Work or (2) the extent to which
the Work has been completed. The decision by the Architect in response to a Claim shall not
be a condition precedent to litigation in the event (1) the position of Architect is vacant, (2) The
Architect has not received evidence or has failed to render a decision within agreed time limits,
(3) the Architect has failed to take action required under Subparagraph 4.8.4 within 30 days
after the Claim is made, (4) 45 days have passed after the Claim has been referred to the
Architect or (5) the Claim relates to a mechanic's lien.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
General Conditions of the Contract for Construction
00750- 14
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitutive a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions, If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for,
performance of any part of the Work, will recommend and equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in
the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in
writing, stating the reasons. Claims by either party in opposition to such determination must be
made within 21 days after the Architect has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be referred to the Architect for determination, pursuant to Paragraph 4.8.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) Not
Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure
of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure
established herein.
4,7.8 Claims for Additional Time,
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable,
written notice of such injury or damage, whether or not insured, shall be given to the other party
within a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
General Conditions of the Contract for Construction
00750- 15
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
4.8 Resolution of Claims and Disputes
4.8.1 The Architect will review Claims and take one or more of the following preliminary
actions within ten days of receipt of a Claim: (1) request additional supporting data from the
claimant, (2) submit a schedule to the parties indicating when the Architect expects to take
action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend
approval of the Claim by the other party or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate
documentation.
4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after
the Architect's preliminary response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify
the Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Architect, the Architect will notify the
parties in writing that the Architect's decision will be made within seven days, which decision
shall be final and binding on the parties. Upon expiration of such time period, the Architect will
render to the parties the Architect's written decision relative to the Claim, including any change
in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a
possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety
and request the surety's assistance in resolving the controversy.
4.8.5 Court Determination of Claims/Disputes. Any claim or dispute that the parties are
unable to achieve a settlement among themselves must be decided by the Circuit Court, 16th
Judicial Circuit, Monroe County, Florida.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5,2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
General Conditions of the Contract for Construction
00750- 16
Construction Manager for review by the Owner, Construction Manager and Architect the names
of persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating whether or not the Owner, Construction
Manager or Architect, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of
no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Construction Manager or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Construction Manager, or
Architect has made reasonable objection.
5.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Construction Manager or Architect makes reasonable objection to such change.
5,3 Subcontractual Relations
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require
each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound
to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all
the obligations and responsibilities which the Contractor, by these Documents, assumes toward
the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and
protect the rights of the Owner, Construction Manager and Architect under the Contract
Documents with respect to the Work to be performed by the Subcontractor so that subcontracting
thereof will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall
make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub-subcontractors.
5,4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
5.4.2 If the work has been suspended for more then 30 days, the Subcontractor's
compensation shall be equitably adjusted.
General Conditions of the Contract for Construction
00750- 17
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6,1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by the Construction Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by the Construction
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Construction Manager shall be held harmless of
any and all costs associated with improper coordination.
6,2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other
Contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to the Construction Manager
and Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other Contractors' completed or
partially completed or partial completed construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the party responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other Contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
Contractors shall be subject to the provisions of Paragraph 4.7 provided the other Contractors
have reciprocal obligations.
6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
General Conditions of the Contract for Construction 00750- 18
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to the Construction Manager
within (72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Construction
Manager for an increase in the Contract price, nor a claim against the Owner or Construction
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6,3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as the Construction Manager, in
consultation with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Construction
Manager, Architect and Contractor; a Construction Change Directive require agreement by the
Owner, Construction Manager and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7,2 Change Orders
7.2.1 A change Order is a written instrument prepared by the Construction Manager and
signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement
upon all of the following:
General Conditions of the Contract for Construction 00750- 19
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the owner resulting from a change in the Work shall be determined
in one or more of the following:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
.2 unit prices stated in the Contract Documents or subsequently agrees upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the
Contractor, provided a written order signed by the Owner or Construction Manager is received,
shall promptly proceed with the Work involved. The cost of such Work shall then be
determined by daily force accounts in a form acceptable to the Owner and Construction
Manager. The daily force account forms shall identify Contractor and lor Subcontractor
personnel by name, total hours for each man, each piece of equipment and total hours for
equipment and all material(s) by type for each extra Work activity claim. Each daily force
account form shall be signed by the designated Construction Manager's representative no later
than the close of business on the day the Work is performed to verify the items and hours
listed. Extended pricing of these forms shall be submitted to the Construction Manager with all
supporting documentation required by the Construction Manager for inclusion into a change
order. Unless otherwise provided in the Contract Documents, cost shall be limited to the
following: cost of materials, including sales tax and cost of delivery; cost of labor, including
social security, old age and unemployment insurance, and fringe benefits required by
agreement or custom; works' or workmen's compensation insurance; and the rental value of
equipment and machinery. Markups for overhead and profit will be in accordance with
subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made
as determined by the Construction Manager. The amount of credit to be allowed by the
Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will
be the amount of the actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in anyone change, the
allowance for overhead and profit shall be figured on the basis of the net increase, if any with
respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the credit shall be the net cost. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks,
watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all
general home/field office expenses. The actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five
percent (5%);
General Conditions of the Contract for Construction
00750- 20
.2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead
and profit shall be a maximum addition of ten percent (10%). If the Contractor does not
perform the Work, the maximum mark-up for managing this Work will be five percent (5%);
.3 if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of then percent (10%) on his direct Work only.
If the Contractor performs part of the actual Work, his percentage mark-up for overhead and
profit shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through the Construction Manager, an
itemized breakdown of the quantities and prices used in computing the value of any change that
might be ordered. Any additional supporting documentation requested by the Construction
Manager such as certified quotations or invoices shall be provided by the Contractor to the
Construction Manager at no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by the Construction Manager,
by drawings or otherwise, involve extra Work not covered by the Contract, he shall give the
Construction Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to the Construction Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carryon the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.8.5. The Contractor shall maintain
completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or
claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through the Construction Manager and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written order promptly.
ARTICLE 8
TIME
8,1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
General Conditions of the Contract for Construction
00750- 21
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1 .4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Construction Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8,3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Construction Manager, or the ArchitecVEngineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Construction Manager, or by any other cause which the Construction
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as the Construction Manager may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not
more than seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable, but not limited to, delay claims from other Contractors which are affected.
General Conditions of the Contract for Construction
00750- 22
ARTICLE 9
PAYMENTS AND COMPLETION
9,1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9,2 Schedule of Values
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect,
through the Construction Manager, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as the
Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
9,3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Construction Manager an itemized Application for Payment for
Work completed in accordance with the schedule of values. Such application shall be
notarized, if required, and supported by such data substantiating the Contractor's right to
payment as the Owner, Construction Manager or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for
elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned
upon compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons
or entities making a claim by reason of having provided labor, materials and equipment relating
to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating
General Conditions of the Contract for Construction
00750- 23
that title will so pass, upon their receipt of payment from the Contractor. The warranties are for
the administrative convenience of the Owner only and do not create an obligation on the part of
the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons
must seek payment from the Contractor or his public construction bond surety only.
9.4 Certificate for Payment
9.4.1 The Construction Manager will assemble a Project Application for Payment by
combining the Contractor's applications with similar applications for progress payments from
other Contractors and, after certifying the amounts due on such applications, forward them to
the Architect within seven days.
9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment,
the Construction Manager and Architect will either issue to the Owner a Project Certificate for
Payment, with a copy to the Contractor, for such amount as the Construction Manager and
Architect determine is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reasons for withholding certification in whole or in part
as provided in Subparagraph 9.5.1. Such notification will be forwarded to the Contractor by the
Construction Manager.
9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment
will constitute representations made separately by the Construction Manager and Architect to
the Owner, based on their individual observations at the site and the data comprising the
Application for Payment submitted by the Contractor, that the Work has progressed to the point
indicated and that, to the best of the Construction Manager's and Architect's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Construction Manager or Architect. The
issuance of a separate Certificate for Payment or a Project Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a separate Certificate for Payment or a Project Certificate for
Payment will not be a representation that the Construction Manager or Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed the Contractor's construction means, methods, techniques, sequences or procedures,
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Certification
9.5.1 The Construction Manager/Architect may decline to approve an Application for Payment
if, in his opinion, the application is not adequately supported. If the Contractor and Construction
Manager cannot agree on a revised amount, the Construction Manager shall process the
Application for the amount he deems appropriate. The Construction Manager may also decline
to approve any Application for Payment or, because of subsequently discovered evidence or
subsequent inspections, he may nullify, in whole or part, any approval previously made to such
extent as may be necessary in his opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another
General Conditions of the Contract for Construction 00750- 24
contractor working at the project; (6) reasonable evidence that the Work will not be completed
within the contract time; (7) persistent failure to carry out the Work in accordance with the
Contract Documents.
.1 No payment shall be made to the Contractor until certificates of insurance or other
evidence of compliance by the Contractor, within all the requirements of Article 11, have been
filed with the Owner and Construction Manager.
9.5.2 When the above reasons for withholding certification are removed, certification will be
made for amounts previously withheld.
9.6 Progress Payments
9.6.1 After the Construction Manager and Architect have issued a Project Certificate for
Payment, the Owner shall make payment in the manner and within the time provided in the
Contract Documents, and shall so notify the Construction Manager and Architect. From the
total of the amount determined to be payable on a progress payment, ten percent (10%) of
such total amount will be deducted and retained by the Owner until final payment is made. The
balance ninety percent (90%) of the amount payable, less all previous payments, shall be
certified for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by the Construction Manager to be a part of the final quantity for the item of
Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from
the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion
of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Construction Manager and Architect on account of portions
of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay
or to see to the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
General Conditions of the Contract for Construction 00750- 25
been made or the restoration for any damaged material, or as a waiver to the right of the Owner
or Construction Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all
materials, tools, and other expendable equipment which are delivered at the site of the Project.
The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar
month in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by is Subcontractor interest therein. The
Contractor shall, by an appropriate agreement with each Subcontractor, also require each
Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner.
9,8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be
completed or corrected. The Contractor shall proceed promptly to complete and correct items
on the list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of
the list, the Architect, assisted by the Construction Manager, will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the list, which is not in
accordance with the requirements of the Contract Documents, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Architect. The Contractor shall then submit a request for another inspection
by the Architect, assisted by the Construction Manager, to determine Substantial Completion.
When the Work or designated portion thereof is substantially complete, the Architect will
prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Construction Manager and Architect, the
Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents.
9,9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under
Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work.
Such partial occupancy or use may commence whether or not the portion is substantially
General Conditions of the Contract for Construction
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complete, provided the Owner and Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities,
damage to the Work and insurance, and have agreed in writing concerning the period for
correction of the Work and commencement of warranties required by the Contract Documents.
When the Contractor considers a portion substantially complete, the Contractor and
Construction Manager shall jointly prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld. The stage of the progress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no agreement is reached, by decision of
the Architect after consultation with the Construction Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager,
Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to
be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9,10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager
a written notice that the Work is ready for final inspection and acceptance and shall also
forward to the Construction Manager a final Contractor's Application for Payment. Upon
receipt, the Construction Manager will forward the notice and Application to the Architect who
will promptly make such inspection. When the Architect, based on the recommendation of the
Construction Manager, finds the Work acceptable under the Contract Documents and the
Contract fully performed, the Construction Manager and Architect will promptly issue a final
Certificate for Payment stating that to the best of their knowledge, information and belief, and
on the basis of their observations and inspections, the Work has been completed in accordance
with terms and conditions of the Contract Documents and that the entire balance found to be
due the Contractor and noted in said final Certificate is due and payable. The Construction
Manager's and Architect's final Certificate for Payment will constitute a further representation
that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to
final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through the Construction Manager (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final payments currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required by the
Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the
Owner, other data establishing payment or satisfaction of obligations, such as receipts,
releases and waivers of liens, claims, security interests or encumbrances arising out of the
Contract, to the extent and in such form as may be designated by the Owner, if a Subcontractor
refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting final
completion, and the Construction Manager and Architect so confirm, the Owner shall, upon
General Conditions of the Contract for Construction 00750- 27
application by the Contractor and certification by the Construction Manager and Architect, and
without terminating the Contract, make payment of the balance due for that portion of the Work
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bond have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect through the Construction Manager prior to certification of such payment. Such
payment shall be made under terms and conditions governing final payment, except that it shall
not constitute a waiver of Claims by the Owner as provided in Subparagraph 4.7.5.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect or Construction Manager that the subcontractors and materialmen have been paid is
for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's
Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts
with subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to the Construction Manager for review and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Construction Manager and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner
and Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent
any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the
same manner described in Subparagraph 10.1.2.
General Conditions of the Contract for Construction
00750-28
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in
the event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such material
or substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor, the Construction Manager and the Architect will promptly reply to
the Owner in writing stating whether or not any of them has reasonable objection to the persons
or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an
objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor, the Construction Manager and the Architect have no reasonable
objection.
10,2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carryon such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,
or by anyone for whose acts they may be liable and for which the Contractor is responsible
under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or
omissions of the Owner, Constructions Manager or Architect or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
General Conditions of the Contract for Construction
00750-29
superintendent unless otherwise designated by the Contractor in writing to the Owner,
Construction Manager and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10,3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at their own expense, insurance as
specified in the attached schedules, which are made part of this Agreement. The Contractor
will ensure that the insurance obtained will extend protection to all subcontractors engaged by
the Contractor. As an alternative the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties
and failure to perform assessments shall be imposed as if the Work commenced on the
specified date and time, except for the Contractor's failure to provide satisfactory evidence.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
11.1.4 The Contractor shall provide, to the County in care of the Construction Manager, as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
General Conditions of the Contract for Construction 00750- 30
11 .1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 Throughout the term of the Contract, the Contractor shall purchase and maintain
Builder's Risk Insurance on All Risk Loss Form. Coverage shall include: Theft, Windstorm,
Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods.
However, the only items required from the previous list, are defined in Section 00400, Insurance
Requirements and Coverages. The policy limits shall be no less than the amount of the finished
project and coverage shall be provided on a completed value basis. The completed value is
defined as all material, labor, supplies, and equipment intended to be incorporated in and to
become a permanent part of the completed facility. The facility as defined for this paragraph
includes structures as defined in the contract drawings and specifications. Property located on
the construction premises, which is intended to become a permanent part of the building, shall
be included as property covered. The policy shall be endorsed permitting the County to occupy
the building prior to completion without effecting the coverage.
11,3 Public Construction Bond
11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner in this section as a guarantee for the faithful performance of the
Contract (including guarantee and maintenance provisions) and the payment of all obligations
arising thereunder. The Public Construction Bond shall be in an amount at least equal to the
contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes,
which are incorporated herein.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if
required in writing by either, be uncovered for their observation and be replaced at the
Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect
has not specifically requested to observe prior to its being covered, the Construction Manager
or Architect may request to see such Work and it shall be uncovered by the Contractor, if such
Work is in accordance with the Contract Documents, costs of uncovering and replacement
General Conditions of the Contract for Construction
00750- 31
shall, by appropriate Change Order, be charged to the Owner, if such Work is not in
accordance with the Contract Documents, the Contractor shall pay such costs unless the
condition was caused by the Owner or one of the other Contractors in which event the Owner
shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or
Architect or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear costs of correcting such rejected Work, including
additional testing and inspections and compensation for the Construction Manager's and
Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reasonable time fixed by written notice
from the Architect issued through the Construction Manager, the Owner may remove it and
store the salvable materials or equipment at the Contractor's expense, if the Contractor does
not pay costs of such removal and storage within ten days after written notice, the Owner may
upon ten additional days' written notice sell such materials and equipment at auction or at
private sale and shall account for the proceeds thereof, after deducting costs and damages that
should have been borne by the Contractor, including compensation for the Construction
Manager's and Architect's services and expenses made necessary thereby, if such proceeds of
sale do not cover costs which the Contractor should have borne, the Contract Sum shall be
reduced by the deficiency. If payments then or thereafter due the contractor are not sufficient
to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph
12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
General Conditions of the Contract for Construction 00750- 32
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISION
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13,2 Successors and Assigns
13.2.1 The Owner or Construction Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Construction Manager.
13.3 Written Notice
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
13.3.2 All written correspondence to the Construction Manager shall be serialized, dated, and
signed by an authorized representative of the Contractor. The correspondence shall be
directed to:
Larry S. Chalmers, AlA
Monroe County Construction Management Department
1100 Simonton Street
Room 2-216
Key West, Florida 33040
or hand delivered to the Construction Manager's office.
General Conditions of the Contract for Construction
00750-33
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13,5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give the
Construction Manager and Architect timely notice of when and where tests and inspections are
to be made so the Construction Manager and Architect may observe such procedures. The
Owner shall bear costs of test, inspections or approvals which do not become requirements
until after bids are received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, the Construction Manager and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to the Construction Manager and Architect of when and where tests and
inspections are to be made so the Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for the Construction Manager's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Construction Manager for transmittal to the Architect.
13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals
required by the Contract Documents, the Construction Manager or Architect will do so promptly
and, where practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
General Conditions of the Contract for Construction
00750-34
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14,1 Termination by the Contractor
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions of the Work under contract with
Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;
.2 an act of government, such as a declaration of national emergency, making material
unavailable;
.3 because the Construction Manager or Architect has not issued a certificate for
Payment and has not notified the Contractor of the reason for withholding certification as
provided in Subparagraph 9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as described in
Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials, equipment, tools, and construction equipment and machinery, including reasonable
overhead, profit and damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or
a Subcontractor or their agents or employees or any other persons performing portions of the
Work under contract with the Contractor because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with respect to matters important to the
progress of the Work, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.2.
14,2 Termination by the Owner for Cause
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
General Conditions of the Contract for Construction
00750-35
14.2.2 When any of the above reasons exist, the Owner, after consultation with the
Construction Manager, and upon certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Construction Manager's and Architect's services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the Owner. The amounts to be paid
to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with the Construction Manager, and this obligation for payment shall
survive termination of the Contract.
14,3 Suspension by the Owner for Convenience
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or
percentage fee.
END OF SECTION 00750
General Conditions of the Contract for Construction
00750-36
MONROE COUNTY FIRE STATION No. 25
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statuatory Limits
$5,000,000/5,000,000/5,000,000
General Liability, including
Premises Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
Underground, Explosion and Collapse (XCU)
$5,000,000 Combined Single Limit
Vehicle Liability (Owned, nonowned, and hired vehicles)
$ 500,000 per Person
$1,000,000 per Occurance
$ 100,000 Property Damage
$1,000,000 Combined Single Limit
Builders' Risk
Limits equal to the completed project
MONROE COUNTY BOARD OF COUNTY COMISSIONERS SHALL BE NAMED AS ADDITIONAL
INSURED ON ALL POLICIES ISSUED TO SATISFY THE ABOVE REOU~EMENTS
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS.AND
SUBCONTRACTORS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or
its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay,
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
MONROE COUNTY FIRE STATION #25
NORTH KEY LARGO
Addendum #1
02-22-05
Subject: Pre Bid Meeting, 02-17-05,2 pm
MEETING MINUTES:
The mandatory meeting was held on site as scheduled in the bid documents.
The following were in attendance:
FRANK HERD LISKA
SERGIO J. GARCIA
W.P.HORN ARCHITECT,P.A.
KEY LARGO FIRE CHIEF
MONROE COUNTY CONST.
MANAGEMENT
M.C.CM.
305-296-8302
305-451-2700
LARRY CHALMERS
JERRY BARNETT
305-295-4321
305-295-4321
DAVID SANDER
D.L.PORTER CONST. CO.
941-929-9400
TIM HOGAN
OVERHOLT CONST.
305-234-9677
TOM MILLS
PEDRO FALCON ELEC. CONT
305-872-2200
MANNY FERNANDEZ
J CI INT.
305-254-1844
JOHN PEREZ-GURRI
N & J CONSTRUCTION
786-268-1285
The following issues and items were discussed:
1. The site, including the existing building, was available for inspection. The site is located in a
hardwood hammock. Protection of existing trees, plants and creatures was discussed and is
called out in the construction documents. Where clearing is to take place, all protective
measures will apply. The drawings call for 20 mature gumbo limbo's to be relocated on site
with the balance of mitigation to take place off site, by others.
2. Demolition shall including the existing metal building, conc. slab and foundation, septic tank
with drain field, and existing utilities, (overhead electrical and water line). No other concealed
conditions are known to exist.
a) Possible dismantling and removal of the metal building, by others was
discussed. This work would be coordinated by the Key Largo Fire Department prior to
the const. start date and would include the metal bldg structural frame, skin, roof,
doors, windows and misc. attached mtl. components leaving a relatively clean conc.
slab.
b) Please, provide a deduct alternate to delete this portion of the demolition.
3. The drawings and bid form were briefly reviewed for clarification of add and deduct
alternates, should additional information or clarification be required, please contact the
architect.
4. The question of permit cost and impact fees was raised. While Monroe County does not
charge a building permit fee on this work, permit and impact fees by all other inities should be
included in the base bid.
5. The question of construction start date was raised. Bids are currently due March 24,2005. It is
anticipated that a review and negotiation period of approx. 60 days will follow, resulting in
the award of contract. Once the contract is awarded, permit applications will be filled by the
successful contractor. A notice to proceed will be issued based on permit availability, such
that the permit review period is not counted as part of the construction time.
6. The subject of liens was raised and a handout provided. Publicly owned properties such as
this project are not subject to construction liens. Therefore subcontractors, suppliers,
manufacturers and others normally afforded this right will be unable to file a lien against
property and are advised to pursue other means of financial protection as they see fit.
7. Additional questions or request for information should be submitted to the architect and will
be incorporated into the contract documents by future addendum as necessary. If needed the
final addendum will include a revised bid form to reflect any changes in alternates, unit prices
or other required information.
This document shall be considered as addendum #1, dated 02-22-05
End of addendum #1
Sincerely,
Frank I Herdliska
W. p, Horn Architect, P.A.
MONROE COUNTY FIRE STATION #25
NORTH KEY LARGO
Addendum #2
03-18-05
The following changes and clarifications are identified as addendum #2 and shall be
considered as part of the contract documents.
Item #1: Bid Date
The project bid date is changed to March 31 S\ 2005 at 11 :00 am in lieu of March 24th.
Two additional alternate prices are requested.
12.provide a deduct alternate to remove demolition of the metal building shell as
described in addendum no. 1.
13.provide a deduct alternate to fabricate supply and return ductwork of 1 ~" (R-6)
standard duty fiberglass bd. in lieu of externally in suI. galvanized sht. mt!. per
note 8 sht. M-I.
SEE ATTACHED revised proposal form "Alternate Prices" listing items 1-13
All other particulars of the bid shall remain unchanged.
Item #2: Electrical Primary Service Allowance
The contractor shall include in the base bid an allowance of 35,000.00 (thirty five
thousand dollars) to pay for work coordinated through the Florida Keys Electrical
Coop. to provide primary electrical service to the site from CR 905 (Card Sound
Road). This allowance includes full installation of primary service above and below
grade and on site, pad mounted transformer.
The contractor shall be responsible for secondary service from the transformer to the
building and all other electrical distribution and work indicated in the contract
documents.
Should the charge for providing primary service be reduced or eliminated, the
allowance of 35,000.00 or any portion not charged to the contractor, shall be returned
to the owner as a credit in its entire amount.
Item #3: Chain Link Fence
See attached specification section 02821 - Chain Link Fence and Gates, which shall be
incorporated into the specifications and shall apply to alternates 2, 3,4, and 5.
Item #4: Fuel Tank
The double walled above ground generator fuel tank and remote fuel pump as
indicated on sht. A-3 shall be included in the base bid. A full shop drawing submittal
including electrical and piping requirements shall be provided and coordinated with the
support slab as indicated on sheet S-6.
The 'Basis of design' product shall be as manufactured by Convault. Provide insulated
secondary containment, above ground storage tank system for diesel fuel which has
been tested and listed for UL-142 and UL-2085.
The entire assembly shall be subject to the manufacturers 30 year warranty
requirements.
The primary steel tank shall be rectangular with continuous welds on all exterior seams
and all external surfaces protected from corrosion. Secondary containment shall consist
of 30 mil. min. high density polyethylene membrane enclosing the tank and its
insulation material; all to be encased in 6" monolithic reinforced concrete with a min.
4000 PSI design strength.
The above ground storage system shall be provided with lightning protection per
NFP A 780, emergency vent system per NFP A 30, and shall be manufactured in
accordance with UL listing requirements and UL standard 142. Similar products of
equal quality by other manufacturers may be used.
Approximate tank size 11 '-3" x 8'-0" x 7'-4" ht. coord. support slab size sht. S-6 with
tank requirements.
Item #5: Diesel exhaust extraction system
The 3 bay suspended exhaust system as indicated on sheet A-9 and E-3 shall be
included in the base bid.
The basis of design installation shall be as provided by Plymovent Corporation.
Similar systems of equal quality by other suppliers may be used. Provide all labor,
materials, and equipment necessary for a complet turn key system to remove both
diesel and automotive exhaust gases and particulate of operating vehicles within the
fire station. All necessary controls, motors, fittings, ductwork, blowers, labor and other
equip. and materials shall be included. Manufacturers must be ISO 9001 certified, UL
and CUL certified and certified by the Air Movement and Control Assoc. A complete
system warranty covering materials, equipment and installation shall be provided for a
period of 1 year.
Item #6: Air Compressor Product
Basis of design product shall be Ingersol Rand 2475N7.5-FP electric driven two stage
compressor with general purpose filter. 80 gal vertical 7.5 H.P. Similar products of
equal quality by other manufacturers may be provided with final approval based on
shop drawing review. See specification Section 15251.
Item #7: Sand and oil inteuceptor
Basis of design product shall be Zum # 1188 100 gpm system. Prefabricated steel with
acid resistant coating. Aprox. size 43 "x34"x27" ht. Similar products of equal quality
by other manufacturers may be provided with final approval based on shop drawing
reVIew.
Item #8: Appliances
Kitchen and laundry appliances shall be included in the base bid. Basis of design
products shall be as follows:
Kitchen 109:
Range - Viking VESCE 306
Refrigerators - Kenmore 46-54663
Dish Washers - Kenmore 22-14353
Laundry 102:
Dryer - 26-82826
Washer - 26-44926
Laundry 210:
Dryer - Maytag
Washer - Maytag
S. st1.& black
S. st1.
S. st1. & black
graphite with base pedestal
graphite with base pedestal
MDE 21PN / white
MDE 21PN / white
Provide shop drawing submittal including installation requirements, warranty
information, and coordination with electrical drawings. Products of equal quality by
other manufacturers may be submitted provided with final approval based on shop
drawing review.
Item #9: Clarification of Louver Schedule & Drawings
Louver and exhaust fan designations indicated on the elevations, shts. A-IO and A-II
are correct and agree with the electrical dwgs. shts. E-2 and E-3, and mechanical dwgs.
shts. M-I, M-2 and M-3.
Exhaust fan designations indicated on the reflected clg. plan, sht. A-9 are incorrect and
should be disregarded.
Quantities listed in the louver schedule, sht. A-16 are incorrect for louvers L-I, L-2
and L-3. Please, see the following list indicating quantity, location and exhaust fan
served if applicable.
L-I - Quan. 2 in lieu of 6: location, roof ofveh. bays: fans - EF-5, EF-6, EF-13
(inline) and EF -16
L-2 - Quan. 2 in lieu of I: location, north wall of bays: fans - EF-l and EF-2
L-3 - Quan. 2 in lieu of I: location - roof above living area
L-4 - Quan. 2: locations - 1 at the compressor rm., EF-14 and 1 above the door at the
electrical rm. (incorrectly designated as L-8 on elevation 1/A-II)
L-5 - Quan. 4: locations - I at the compressor rm. and 3 at the generator rm.
L-6 - Quan. I: location - elevator tower
L- 7 - Quan. I: location - generator rm.
L-8 - Quan. 1: location - south wall of bays: fan - EF-3
Louver finishes shall be as indicated, with color selection from the manufactures
standard range. Dampers used in conjunction with louvers shall be provided with
factory applied primer.
Mounting of exhaust fans to louvers will require fabrication of sheet mtl. housings to
adapt fan size to louver size. This work will be coordinated by shop drawings.
Item #10: Door schedule sht. A-16
Overhead coiling doors 101, 102, and 103. Sizes listed in the door schedule are in error
and shall be changed to reflect the following masonry opening:
Door 101
width 12'-8" in lieu of 12' -0"
height 12' -0" in lieu of 12' -10"
width 13' -8" in lieu of 13' -6"
height 14' -0" no change
width 13' -8" in lieu of 13' -6"
height 14' -0" no change
Door 1 02
Door 1 03
Actual door size shall allow for head and jamb installation dtls. and shall be subject to
shop drawing submittal and review.
Item #11: Storefront assembly schedule - sht, A-16
Assemblies S-I, S-2, S-3 and S-4.
The height listed in the schedule, 9'-0", is in error. The correct overall height is 8' -8"
as indicated in dtls. 1-5/ A-16
Item #12: Specification section 16231
Paragraph 267.4 - delete requirements for day tank and base mounted tank. Provide
separate 2800 gal tank per drawings, only.
Paragraph 267.8 - delete the load bank required by this paragraph.
Item #13: Electrical clarification
A. The symbol L within a square, represents a fire strob.
B. The symbol C within a square, represents a data outlet.
C. Fixture type M is connected to the alarm system (911). When fireman are "on
call" these lights flash and light up to advise them that there is an emergency
call.
Item #14: Mechanical clarification
A. Smoke detectors are required in both AHU-l and AHU-2. Both units are capable
of 2000 cfm.
B. Exhaust grill "G" indicated on the Air Distribution Schedule is located in the
elevator equipment room sht. M-2
C. Supply air grill "D" as shown sht. M-3 is the same as grill "B" on the Air
Distribution Schedule except D is 24"xI2" in lieu of 24"x24".
D. Condensate piping indicated in the drawings and referenced in note 15 sht. M-l
shall be copper.
Item #15: Building exterior signage
Shall be in accordance with the specifications, section 10431. Cast letteus shall be
bronze, not aluminum as incorrectly noted on sht. A-I0. Selection of final font will be
made as part of the shop drawing submittal.
END OF ADDENDUM # 2
See attachements.
t ,
Monroe County Fire Station #25 - North Key Largo
SECTION 02821 - CHAIN-LINK FENCES AND GATES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Chain-Link Fences: Industrial.
2. Gates: Motor operated, horizontal slide, swing.
B. Related Section s include the following:
1. Division 2 Section "Earthwork" for site excavation, fill, and backfill where chain-link
fences and gates are located.
2. Division 3 Section "Cast-in-Place Concrete" for concrete equipment bases/pads for gate
operators, drives, and controls, post concrete fill.
3. Division 16 Sections for electrical service and connections for motor operators, controls,
limit and disconnect switches, and safety features and for system disconnect switches.
C. Alternates: All work associated with this section is alternate pricing. See Site Plan Sht. A-2
1.3 PERFORMANCE REQUIREMENTS
A. Structural Performance: Provide chain-link fences and gates capable of withstanding the effects
of gravity loads and the following loads and stresses within limits and under conditions
indicated:
1. Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine
based on mesh size and pattern specified, and on the following minimum design wind
pressures and according to CLFMI WLG 2445:
a. Wind Speed: 150 MPH per ASCE 7-98.
b. Fence Height: 6 feet.
c. Line Post Group: lA, ASTM F 1043, Schedule 40 steel pipe.
d. Wind Exposure Category: C.
2. Determine minimum post size, group, and section according to ASTM F 1043 for
framework up to 12 feet (3.66 m) high, and post spacing not to exceed 10 feet (3 111).
B. Lightning Protection System: Maximum grounding-resistance value of 25 ohms under normal
dry conditions.
CHAIN-LINK FENCES AND GATES
02821 - I
Monroe County Fire Station #25 - North Key Largo
1.4 SUBMITTALS
A. Product Data: Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for chain-link fences and gates.
I. Fence and gate posts, rails, and fittings.
2. Chain-link fabric, reinforcements, and attachments.
3. Gates and hardware.
4. Gate operators, including operating instructions.
5. Accessories: Privacy slats.
6. Motors: Show nameplate data, ratings, characteristics, and mounting arrangements.
B. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended
posts, extension anns, gate swing, or other operation, hardware, and accessories. Indicate
materials, dimensions, sizes, weights, and finishes of components. Include plans, gate
elevations, sections, details of post anchorage, attachment, bracing, and other required
installation and operational clearances.
1. Gate Operator: Show locations and details for installing operator components, switches,
and controls. Indicate motor size, electrical characteristics, drive arrangement, mounting,
and grounding provisions.
2. Wiring Diagrams: Power and control wiring and access-control features.
3. For installed products indicated to comply with design loads, include structural analysis
data signed and sealed by the qualified professional engineer responsible for their
preparation.
C. Samples for Initial Selection: Manufacturer's color charts or 6-inch (ISO-mm) lengths of actual
units showing the full range of colors available for components with factory-applied color
finishes.
D. Samples for Verification: For each type of chain-link fence and gate indicated.
I. All components shall be galvanized.
2. Provide 6" samples of privacy slats for material, texture and color.
E. Product Certificates: For each type of chain-link fence,[ operator,] and gate, signed by product
manufacturer.
I. Strength test results for framing according to ASTM F 1043.
F. Qualification Data: For Installer.
G. Field quality-control test reports.
H. Maintenance Data: For the following to include in maintenance manuals:
I. Polymer finishes.
2. Gate operator.
CHAIN-LINK FENCES AND GATES
02821 - 2
Monroe County Fire Station #25 - North Key Largo
1.5 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed chain-link fences and
gates similar in material, design, and extent to those indicated for this Project and whose work
has resulted in construction with a record of successful in-service performance.
I. Engineering Responsibility: Preparation of data for chain-link fences and gates,
including Shop Drawings, based on testing and engineering analysis of manufacturer's
standard units in assemblies similar to those indicated for this Project.
B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFP A 70,
Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for
intended use.
C. UL Standard: Provide gate operators that comply with UL 325.
D. Emergency Access Requirements: Comply with requirements of authorities having jurisdiction
for automatic gate operators serving as a required means of access.
E. Mockups: Build mockups to set quality standards for fabrication and installation.
I. Include 10ft. (3 m) length of fence and gate complying with requirements.
a. Approval of mockups is also for other material and construction qualities
specifically approved by Architect in writing.
b. Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless such deviations are specifically approved
by Architect in writing.
2. Approved mockups may become part of the completed Work if undisturbed at time of
Substantial Completion.
1.6 PROJECT CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates shown on
Drawings in relation to property survey and existing structures. Verify dimensions by field
measurements.
PART 2 - PRODUCTS
2.1
CHAIN-LINK FENCE FABRIC
A.
General: 6' -0" ht.. Provide fabric in one-piece heights measured between top and bottom of
outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and
requirements indicated below:
I. Steel Wire Fabric: Metallic-coated wire with a diameter of 0.148 inch (3.76 mm).
a. Mesh Size: 2 inches (50 11un).
CHAIN-LINK FENCES AND GATES
02821 - 3
Monroe County Fire Station #25 - North Key Largo
b. Weight of Metallic (Zinc) Coating: ASTM A 392, Type II, Class 2,2.0 oz./sq. f1:.
(610 g/sq. m) with zinc coating applied after weaving.
2. Selvage: Twisted top and knuckled bottom.
2.2 INDUSTRIAL FENCE FRAMING
A. Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group IC round
pipe, and the following:
1. Group: IA, round steel pipe, Schedule 40.
2. Fence Height: 6 feet (1.83 m).
3. Strength Requirement: Light industrial according to ASTM F 1043.
4. Post Diameter and Thickness: According to ASTM F 1043.
a. Swing Gate Post: According to ASTM F 900 4-inch (102-mm) diameter, 8.65-
lb/ft. (l2.88-kg/m) weight.
b. Horizontal-Slide Gate Post: According to ASTM F 1184.
I) Openings Wider Than 12 Feet (3.7 In): Steel post, 4-inch 002-mm)
diameter, and 8.65-lb/ft. (I 2. 88-kg/m) weight.
2) Guide posts for Class I horizontal-slide gates equal the gate post height, 1
size smaller, but weight is not less than 3.11 Ib/ft. (4.63 kg/m); installed
adjacent to gate post to permit gate to slide in space between.
5. Coating for Steel Framing:
a. Metallic Coating:
1) Type A, consisting of not less than minimum 2.0-oz./sq. ft. (O.61-kg!sq. m)
average zinc coating per ASTM A 123/A 123M or 4.0-oz./sq. ft. (1.22-
kg/sq. m) zinc coating per ASTM A 653/A 653M.
2.3 TENSION WIRE
A. General: Provide horizontal tension wire at the following locations:
1. Location: Extended along bottom of fence fabric.
B. Metallic-Coated Steel Wire: O.177-inch- (4.5-mm-) diameter, marcelled tension WIre
complying with ASTM A 817, ASTM A 824, and the following:
1. Metallic Coating: Type II, zinc coated (galvanized) by hot-dip process, with the
following minimum coating weight:
a. Class 2: Not less than 1.2 oz./sq. ft. (366 g/sq. m) of uncoated wire surface.
b. Class 3: Not less than 2 oz./sq. f1:. (610 g!sq. 111) of uncoated wire surface.
c. Matching chain-link fabric coating weight.
2.4 INDUSTRIAL SWING GATES
A. General: Comply with ASTM F 900 for single and double swing gate types.
CHAIN-LINK FENCES AND GATES
02821 - 4
Monroe County Fire Station #25 - North Key Largo
1. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1043 and
ASTM F 1083 for materials and protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside
dimension and weight according to ASTM F 900 and the following:
1. Gate Fabric Height: 2 inches (50 mm) less than adjacent fence height.
2. Leaf Width: 36 inches (914 mm) at single gates and As indicated at double gates.
3. Frame Members:
a. Tubular Steel: 1.90 inches (48 mm) round.
C. Frame Comer Construction:
1. Welded.
D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above
top of chain-link fabric at both ends of gate frame 12 inches.
E. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and
keepers for each gate leaf more than 5 feet (1.52 m) wide. Fabricate latches with integral eye
openings for padlocking; padlock accessible from both sides of gate.
2.5 INDUSTRIAL HORIZONTAL-SLIDE GATES
A. General: Comply with ASTM F 1184 for single slide gate types.
1. Classification: Type II Cantilever Slide, Class 1 with external roller assemblies.
2. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1184 for materials and
protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside
dimension and weight according to ASTM F 1184 and the following:
1. Gate Fabric Height: 6 feet (1.83 m).
2. Gate Opening Width: As indicated.
c.
Roller Guards: As required per ASTM F 1184 for Type II, Class 1 gates.
D.
Hardware: Latches permitting operation from both sides of gate, locking devices, hangers roller
assemblies and stops fabricated from galvanized steel.
2.6
FITTINGS
A.
General: Comply with ASTM F 626.
B.
Tie Wires, Clips, and Fasteners: According to ASTM F 626.
1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames,
complying with the following:
CHAIN-LINK FENCES AND GATES
02821 - 5
Monroe County Fire Station #25 - North Key Largo
a. Hot-Dip Galvanized Steel: [O.I06-inch- (2.69-mm-)] [O.148-inch- (3.76-mm-)]
diameter wire[; galvanized coating thickness, matching coating thickness of
chain-link fence fabric].
2.7
PRIVACY SLATS
A.
Material: Fiber-glass-reinforced plastic, UV-light stabilized, not less than 0.06 inch (1.5 mm)
thick, sized to fit mesh specified for direction indicated; with vandal-resistant fasteners and lock
strips.
B.
Color: As selected by Architect from manufacturer's full range <Insert color>.
2.8
GATE OPERATORS
A.
General: Provide factory-assembled automatic operating system designed for gate size, type,
weight, and operation frequency. Provide operation control system with characteristics suitable
for Project conditions, with remote-control stations, safety devices, and weatherproof
enclosures; coordinate electrical requirements with building electrical system.
1. Provide operator designed so motor may be removed without disturbing limit-switch
adjustment and without affecting auxiliary emergency operator.
2. Provide operator with UL approval.
3. Provide electronic components with built-in troubleshooting diagnostic feature.
4. Provide unit designed and wired for both right-handlleft-hand opening, permitting
universal installation.
B. Comply with NFP A 70.
C. Motor Characteristics: Sufficient to start, accelerate, and operate connected loads at designated
speeds, within installed environment, with indicated operating sequence, and without exceeding
nameplate rating or considering service factor. Comply with NEMA MG-l and the following:
1. Voltage: NEMA standard voltage selected to operate on nominal circuit voltage to which
motor is connected..
2. Enclosure: Manufacturer's standard.
3. Duty: Continuous duty at ambient temperature of 105 deg F (40 deg C).
4. Service Factor: 1.15 for open dripproof motors; 1.0 for totally enclosed motors.
D. Gate Operators: Concrete base/pad mounted and as follows:
1. Mechanical Slide Gate Operators:
a. Duty: Heavy duty, commerciaVindustrial.
b. Gate Speed: Minimum 45 feet (13.7 m) per minute.
c. Maximum Gate Weight: 600 Ib (272 kg).
d. Frequency of Use: 10 cycles per hour.
e. Operating Type: Roller chain,.
CHAIN-LINK FENCES AND GATES
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Monroe County Fire Station #25 - North Key Largo
E. Remote Controls: Electric controls separated from gate and motor and drive mechanism, with
enclosure for concrete base/pad mounting, and with space for additional optional equipment.
Provide the following remote-control device(s):
1. Digital Keypad Entry Unit: Multiple-programmable, code capability of not less than 500
possible individual codes, consisting of 1- to 7-digit codes.
a. Face-lighted unit with metal-keyed keypad fully visible at night.
F. Obstruction Detection Devices: Provide each motorized gate with automatic safety sensor(s).
Activation of sensor(s) causes operator to immediately function as follows:
1. Action: Stop gate in opening cycle and reverse gate in closing cycle and hold until clear
of obstruction.
2. Sensor Edge: Contact-pressure-sensitive safety edge, profile, and sensitivity designed for
type of gate and component indicated, in locations as follows. Connect to control circuit
using self-coiling cable.
a. Along entire gate leaf leading edge.
b. Along entire gate leaf trailing edge.
G. Limit Switches: Adjustable switches, interlocked with motor controls and set to automatically
stop gate at fully retracted and fully extended positions.
H. Emergency Release Mechanism: Quick-disconnect release of operator drive system of the
following type of mechanism, permitting manual operation if operator fails. Design system so
control circuit power is disconnected during manual operation.
1. Type: Integral fail-safe release, allowing gate to be pushed open without mechanical
devices, keys, cranks, or special knowledge.
2.9 FENCE GROUNDING
A. Conductors: Bare, solid wire for No.6 A WG and smaller; stranded wire for No.4 A WG and
larger.
1. Material above Finished Grade: [Copper] [Aluminum].
2. Material on or below Finished Grade: Copper.
3. Bonding Jumpers: Braided copper tape, 1 inch (25 mm) wide, woven of No. 30 A WG
bare copper wire, terminated with copper ferrules.
B. Connectors and Grounding Rods: Comply with UL 467.
1. Grounding Rods: Copper-clad steel.
a. Size: 5/8 by 96 inches (] 6 by 2440 111m).
CHAIN-LINK FENCES AND GATES
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Monroe County Fire Station #25 - North Key Largo
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas and conditions, with Installer present, for compliance with requirements for a
verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work,
and other conditions affecting performance.
1. Do not begin installation before final grading is completed, unless otherwise permitted by
Architect.
2. Proceed with installation only after unsatisfactory conditions have been corrected. .
3.2 PREPARATION
A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet
(152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system,
underground structures, benchmarks, and property monuments.
3.3 INSTALLATION, GENERAL
A. Install chain-link fencing to comply with ASTM F 567 and more stringent requirements
specified.
1. Install fencing on established boundary lines inside property line.
3.4 CHAIN-LINK FENCE INSTALLATION
A. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in
firm, undisturbed soil.
B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil.
1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in
position during setting with concrete or mechanical devices.
2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp
for consolidation. Protect aboveground portion of posts from concrete splatter.
a. Exposed Concrete: Extend 2 inches (50 mm) above grade; shape and smooth to
shed water.
c. Terminal Posts: Locate terminal end, comer, and gate posts per ASTM F 567 and terminal pull
posts at changes in horizontal or vertical alignment of 15 degrees or more.
D. Line Posts: Space line posts uniformly at 8 feet (2.44 m) o.c.
E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb
position and alignment of fencing. Install braces at end and gate posts and at both sides of
comer and pull posts.
CHAIN-LINK FENCES AND GATES
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Monroe County Fire Station #25 - North Key Largo
1. Locate horizontal braces at midheight of fabric 6 feet (1.83 m) or higher, on fences with
top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb
when diagonal rod is under proper tension.
F. Tension Wire: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120-inch- (3.05-mm-)
diameter hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches
(610 mm) o.c. Install tension wire in locations indicated before stretching fabric.
1. Bottom Tension Wire: Install tension wire within 6 inches (150 mm) of bottom of fabric
and tie to each post with not less than same diameter and type of wire.
G. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Run rail continuously through line post caps, bending to radius for curved runs and
terminating into rail end attached to posts or post caps fabricated to receive rail at terminal
posts. Provide expansion couplings as recommended in writing by fencing manufacturer.
H. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch (25.4 111m)
between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut
and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension
after pulling force is released.
I. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts
with tension bands spaced not more than 15 inches (380 mm) o.c.
J. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire
at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other
end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals
and clothing.
1. Maximum Spacing: Tie fabric to line posts at 12 inches (300 111m) o.c. and to braces at
24 inches (610 mm) o.c.
K. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the
fabric side. Peen ends of bolts or score threads to prevent removal of nuts.
L. Privacy Slats: Install slats in direction indicated, securely locked in place.
1. Vertically, for privacy factor of 70 to 75.
3.5
GATE INSTALLATION
A.
Install gates according to manufacturer's written instructions, level, plumb, and secure for full
opening without interference. Attach fabric as for fencing. Attach hardware using tamper-
resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust
hardware for smooth operation and lubricate where necessary.
CHAIN-LINK FENCES AND GATES
02821 - 9
Monroe County Fire Station #25 - North Key Largo
3.6
GATE OPERATOR INSTALLATION
A.
General: Install gate operators according to manufacturer's written instructions, aligned and
true to fence line and grade.
B.
Excavation for Concrete Bases/Pads: Hand-excavate holes for bases/pads, in firm, undisturbed
soil to dimensions and depths and at locations as required by gate-operator component
manufacturer's written instructions and as indicated.
C.
Concrete Bases/Pads: Cast-in-place or precast concrete, dimensioned and reinforced according
to gate-operator component manufacturer's written instructions and as indicated on Drawings.
D.
Comply with NFP A 70 and manufacturer's written instructions for grounding of electric-
powered motors, controls, and other devices.
3.7
GROUNDING AND BONDING
A.
Fence Grounding: Install at maximum intervals of 500 feet except as follows:
1. Fences within 100 Feet (30 m) of Buildings, Structures, Walkways, and Roadways:
Ground at maximum intervals of 200 feet.
B. Fences Enclosing Electrical Power Distribution Equipment: Ground as required by IEEE C2,
unless otherwise indicated.
C. Grounding Method: At each grounding location, drive a grounding rod vertically until the top is
6 inches (150 mm) below finished grade. Connect rod to fence with No.6 A WG conductor.
Connect conductor to each fence component at the grounding location, including the following:
D. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame.
E. Connections: Make connections so possibility of galvanic action or electrolysis is minimized.
Select connectors, connection hardware, conductors, and connection methods so metals in direct
contact will be galvanically compatible.
I. Use electroplated or hot-tin-coated materials to ensure high conductivity and to make
contact points closer in order of galvanic series.
2. Make connections with clean, bare metal at points of contact.
3. Make aluminum-to-steel connections with stainless-steel separators and mechanical
clamps.
4. Make aluminum-to-galvanized-steel connections with tin-plated copper jumpers and
mechanical clamps.
5. Coat and seal connections having dissimilar metals with inert material to prevent future
penetration of moisture to contact surfaces.
F. Bonding to Lightning Protection System: If fence terminates at lightning-protected building or
structure, ground the fence and bond the fence grounding conductor to lightning protection
down conductor or lightning protection grounding conductor complying with NFP A 780.
CHAIN-LINK FENCES AND GATES
02821 - 10
Monroe County Fire Station #25 - North Key Largo
3.8 FIELD QUALITY CONTROL
3.9
3.10
A. Grounding-Resistance Testing: Engage a qualified independent testing and inspecting agency
to perform field quality-control testing.
1. Grounding-Resistance Tests: Subject completed grounding system to a megger test at
each grounding location. Measure grounding resistance not less than two full days after
last trace of precipitation, without soil having been moistened by any means other than
natural drainage or seepage and without chemical treatment or other artificial means of
reducing natural grounding resistance. Perform tests by two-point method according to
IEEE 81.
2. Excessive Grounding Resistance: If resistance to grounding exceeds specified value,
notify Architect promptly. Include recommendations for reducing grounding resistance
and a proposal to accomplish recommended work.
3. Report: Prepare test reports certified by a testing agency of grounding resistance at each
test location. Include observations of weather and other phenomena that may affect test
results.
ADJUSTING
A.
Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive
deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout
entire operational range. Confirm that latches and locks engage accurately and securely without
forcing or binding.
B.
Automatic Gate Operator: Energize circuits to electrical equipment and devices. Adjust
operators, controls, safety devices, and limit switches.
I. Operational Test: After electrical circuitry has been energized, start units to confirm
proper motor rotation and unit operation.
2. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and
equipment.
c.
Lubricate hardware, gate operator, and other moving parts.
DEMONSTRATION
A.
Engage a factory-authorized service representative to train Owner's personnel to adjust, operate,
and maintain gates. Refer to Division 1 Section" Demonstration and Training."
END OF SECTION 02821
CHAIN-LINK FENCES AND GATES
02821 - 11
MONROE COUNTY FIRE STATION
NORTH KEY LARGO
ALTERNATE PRICES:
1. Provide camera monitoring to the three station intercom system for front door
access.
ADD $
2. Delete the p.t.wd. picket fencing shown on the drawings at trash handing and fuel
tank/generator. See sheet A-2. In lieu thereof provide chain link fencing and gates
with vertical privacy slats in the same location and configuration.
DEDUCT $
3. Provide chain link fencing at south east side of project with sliding vehicle gate
and pedestrian gate. ::I:: 200 L.F. see sheet A-2 ADD $
4. Provide motorized operation at sliding gate with push button syfer and remote
control in lieu of manual operation ADD $
5. Provide chain link fencing at northwest side ofproject with swing vehicle and
pedestrian gates. ::1::175 L.F. see sheet A-2 ADD $
6. Provide %" corian countertops at kitchen 109 and office 112 in lieu of plastic
laminate. See sheet A-4 and A-15 ADD $
7. Delete side entry structure at col.lines D-4 to D-6. Set storefront section S-4 into
exterior wall on line D between lines 5 and 6, and provide cantilevered eyebrow
overhang similar to section 1/ A-13.1 by 8'-0" length. See sheet A-4, A-6, A-13.1
DEDUCT $
8. Delete the generator building and interior vented generator as shown on the sheet
A-3 in its entirety. In lieu thereof, provide a free standing weather proof
generator, Detroit Diesel 180 KW, on a reinforced conc. slab and foundation with
a fenced enclosure. Relocate meter, panels, disconnect and transfer switch to the
rear wall of the main building. See sheet A-2, S-5, E-2, and E-5
DEDUCT $
9. Delete the large roofvent dormer on B line between lines 12 and 13, and provide
a standard hip roof line instead. Reroute dryer and toilet rm. exhaust shown sht.
M-2 to nearest available soffit and provide soffit louver.
DEDUCT $
10. Delete that portion of the fire sprinkle system, as described on sht. A-8 and A-9,
that is located within the vehicle bays and storage rms, where future installation is
less difficult, and that portion of the system described as Phase II on sht. A-8.
DEDUCT $
11. Delete the fire sprinkler system in its entirety, including electrical, underground
and any other provisions included with Phase I or II work as noted sht. A-8.
12. Delete that portion of the demolition required to remove the existing metal
building shell and related vertical structure as described in addendum # 1.
DEDUCT $
13. Provide supply and return ductwork fabricated of I Yz" (R-6) standard duty
fiberglass board in accordance with note 8 sheet M-1 in lieu of externally
insulated galvanized sheet mtl. per notes 5 and 6 sheet M -1.
DEDUCT $
NOTE:All alternate prices shall reflect actual cost to the owner and shall include charge
or credit for overhead and profit and any other related costs.
"
Monroe County Fire Station #25 - North Key Largo
SECTION 02821 - CHAIN-LINK FENCES AND GATES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Chain-Link Fences: Industrial.
2. Gates: Motor operated, horizontal slide, swing.
B. Related Section s include the following:
1. Division 2 Section "Earthwork" for site excavation, fill, and backfill where chain-link
fences and gates are located.
2. Division 3 Section "Cast-in-Place Concrete" for concrete equipment bases/pads for gate
operators, drives, and controls, post concrete fill.
3. Division 16 Sections for electrical service and connections for motor operators, controls,
limit and disconnect switches, and safety features and for system disconnect switches.
C. Alternates: All work associated with this section is alternate pricing. See Site Plan Sht. A-2
1.3 PERFORMANCE REQUIREMENTS
A. Structural Performance: Provide chain-link fences and gates capable of withstanding the effects
of gravity loads and the following loads and stresses within limits and under conditions
indicated:
1. Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine
based on mesh size and pattern specified, and on the following minimum design wind
pressures and according to CLFMI WLG 2445:
a. Wind Speed: 150 MPH per ASCE 7-98.
b. Fence Height: 6 feet.
c. Line Post Group: lA, ASTM F 1043, Schedule 40 steel pipe.
d. Wind Exposure Category: C.
2. Determine minimum post size, group, and section according to ASTM F 1043 for
framework up to 12 feet (3.66 m) high, and post spacing not to exceed 10 feet (3 m).
B. Lightning Protection System: Maximum grounding-resistance value of 25 ohms under normal
dry conditions.
CHAIN-LINK FENCES AND GATES
02821 - 1
Monroe County Fire Station #25 - North Key Largo
1.4
SUBMITTALS
A.
Product Data: Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for chain-link fences and gates.
1. Fence and gate posts, rails, and fittings.
2. Chain-link fabric, reinforcements, and attachments.
3. Gates and hardware.
4. Gate operators, including operating instructions.
5. Accessories: Privacy slats.
6. Motors: Show nameplate data, ratings, characteristics, and mounting arrangements.
B. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended
posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate
materials, dimensions, sizes, weights, and finishes of components. Include plans, gate
elevations, sections, details of post anchorage, attachment, bracing, and other required
installation and operational clearances.
I. Gate Operator: Show locations and details for installing operator components, switches,
and controls. Indicate motor size, electrical characteristics, drive arrangement, mounting,
and grounding provisions.
2. Wiring Diagrams: Power and control wiring and access-control features.
3. For installed products indicated to comply with design loads, include structural analysis
data signed and sealed by the qualified professional engineer responsible for their
preparation.
C. Samples for Initial Selection: Manufacturer's color charts or 6-inch (150-mm) lengths of actual
units showing the full range of colors available for components with factory-applied color
finishes.
D. Samples for Verification: For each type of chain-link fence and gate indicated.
1. All components shall be galvanized.
2. Provide 6" samples of privacy slats for material, texture and color.
E. Product Certificates: For each type of chain-link fence,[ operator,] and gate, signed by product
manufacturer.
1. Strength test results for framing according to ASTM F 1043.
F. Qualification Data: For Installer.
G. Field quality-control test reports.
H. Maintenance Data: For the following to include in maintenance manuals:
1. Polymer finishes.
2. Gate operator.
CHAIN-LINK FENCES AND GATES
02821 - 2
Monroe County Fire Station #25 - North Key Largo
1.5 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed chain-link fences and
gates similar in material, design, and extent to those indicated for this Project and whose work
has resulted in construction with a record of successful in-service performance.
1. Engineering Responsibility: Preparation of data for chain-link fences and gates,
including Shop Drawings, based on testing and engineering analysis of manufacturer's
standard units in assemblies similar to those indicated for this Project.
B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFP A 70,
Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for
intended use.
C. UL Standard: Provide gate operators that comply with UL 325.
D. Emergency Access Requirements: Comply with requirements of authorities having jurisdiction
for automatic gate operators serving as a required means of access.
E. Mockups: Build mockups to set quality standards for fabrication and installation.
1. Include 10ft. (3 m) length of fence and gate complying with requirements.
a. Approval of mockups is also for other material and construction qualities
specifically approved by Architect in writing.
b. Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless such deviations are specifically approved
by Architect in writing.
2. Approved mockups may become part of the completed Work if undisturbed at time of
Substantial Completion.
1.6 PROJECT CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates shown on
Drawings in relation to property survey and existing structures. Verify dimensions by field
measurements.
PART 2 - PRODUCTS
2.1 CHAIN-LINK FENCE FABRIC
A. General: 6'-0" ht.. Provide fabric in one-piece heights measured between top and bottom of
outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and
requirements indicated below:
1. Steel Wire Fabric: Metallic-coated wire with a diameter of 0.148 inch (3.76 mm).
a. Mesh Size: 2 inches (50 nun).
CHAIN-LINK FENCES AND GATES
02821 - 3
Monroe County Fire Station #25 - North Key Largo
b. Weight of Metallic (Zinc) Coating: ASTM A 392, Type II, Class 2,2.0 oz./sq. ft.
(610 g/sq. m) with zinc coating applied after weaving.
2. Selvage: Twisted top and knuckled bottom.
2.2 INDUSTRIAL FENCE FRAMING
A. Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group Ie round
pipe, and the following:
I. Group: IA, round steel pipe, Schedule 40.
2. Fence Height: 6 feet (1.83 m).
3. Strength Requirement: Light industrial according to ASTM F 1043.
4. Post Diameter and Thickness: According to ASTM F 1043.
a. Swing Gate Post: According to ASTM F 900 4-inch (l02-mm) diameter, 8.65-
lb/ft. (12.88-kg/m) weight.
b. Horizontal-Slide Gate Post: According to ASTM F 1184.
1) Openings Wider Than 12 Feet (3.7 Ill): Steel post, 4-inch (102-1um)
diameter, and 8.65-1b/ft. (12.88-kg/m) weight.
2) Guide posts for Class I horizontal-slide gates equal the gate post height, I
size smaller, but weight is not less than 3.11 lb/ft. (4.63 kg/m); installed
adjacent to gate post to permit gate to slide in space between.
5. Coating for Steel Framing:
a. Metallic Coating:
1) Type A, consisting of not less than minimum 2.0-oz./sq. ft. (O.61-kgisq. m)
average zinc coating per ASTM A 123/A 123M or 4.0-oz./sq. ft. (1.22-
kg/sq. m) zinc coating per ASTM A 653/A 653M.
2.3 TENSION WIRE
A. General: Provide horizontal tension wire at the following locations:
1. Location: Extended along bottom of fence fabric.
B. Metallic-Coated Steel Wire: 0.1 77-inch- (4.5-mm-) diameter, marcelled tension WIre
complying with ASTM A 817, ASTM A 824, and the following:
1. Metallic Coating: Type II, zinc coated (galvanized) by hot-dip process, with the
following minimum coating weight:
a. Class 2: Not less than 1.2 oz./sq. ft. (366 g/sq. m) of uncoated wire surface.
b. Class 3: Not less than 2 oz./sq. ft. (610 g!sq. m) of uncoated wire surface.
c. Matching chain-link fabric coating weight.
2.4 INDUSTRIAL SWING GATES
A. General: Comply with ASTM F 900 for single and double swing gate types.
CHAIN-LINK FENCES AND GATES
02821 - 4
Monroe County Fire Station #25 - North Key Largo
1. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1043 and
ASTM F 1083 for materials and protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside
dimension and weight according to ASTM F 900 and the following:
1. Gate Fabric Height: 2 inches (50 mm) less than adjacent fence height.
2. Leaf Width: 36 inches (914 mm) at single gates and As indicated at double gates.
3. Frame Members:
a. Tubular Steel: 1.90 inches (48 mm) round.
C. Frame Corner Construction:
1. Welded.
D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above
top of chain-link fabric at both ends of gate frame 12 inches.
E. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and
keepers for each gate leaf more than 5 teet (1.52 m) wide. Fabricate latches with integral eye
openings for padlocking; padlock accessible from both sides of gate.
2.5 INDUSTRIAL HORIZONTAL-SLIDE GATES
A. General: Comply with ASTM F 1184 for single slide gate types.
I. Classification: Type II Cantilever Slide, Class 1 with external roller assemblies.
2. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1184 for materials and
protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside
dimension and weight according to ASTM F 1184 and the following:
1. Gate Fabric Height: 6 feet (1.83 m).
2. Gate Opening Width: As indicated.
c.
Roller Guards: As required per ASTM F 1184 for Type II, Class 1 gates.
D.
Hardware: Latches permitting operation from both sides of gate, locking devices, hangers roller
assemblies and stops fabricated from galvanized steel.
2.6
FITTINGS
A.
General: Comply with ASTM F 626.
B.
Tie Wires, Clips, and Fasteners: According to ASTM F 626.
1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames,
complying with the following:
CHAIN-LINK FENCES AND GATES
02821 - 5
Monroe County Fire Station #25 - North Key Largo
a. Hot-Dip Galvanized Steel: [O.106-inch- (2.69-mm-)] [O.I48-inch- (3.76-mm-)]
diameter wirer; galvanized coating thickness matching coating thickness of
chain-link fence fabric].
2.7
PRIVACY SLATS
A.
Material: Fiber-glass-reinforced plastic, UV-light stabilized, not less than 0.06 inch (1.5 mm)
thick, sized to fit mesh specified for direction indicated; with vandal-resistant fasteners and lock
strips.
B.
Color: As selected by Architect from manufacturer's full range <Insert color>.
2.8
GA TE OPERATORS
A.
General: Provide factory-assembled automatic operating system designed for gate size, type,
weight, and operation frequency. Provide operation control system with characteristics suitable
for Project conditions, with remote-control stations, safety devices, and weatherproof
enclosures; coordinate electrical requirements with building electrical system.
1. Provide operator designed so motor may be removed without disturbing limit-switch
adjustment and without affecting auxiliary emergency operator.
2. Provide operator with UL approval.
3. Provide electronic components with built-in troubleshooting diagnostic feature.
4. Provide unit designed and wired for both right-hand/left-hand opening, permitting
universal installation.
B. Comply with NFPA 70.
C. Motor Characteristics: Sufficient to start, accelerate, and operate connected loads at designated
speeds, within installed environment, with indicated operating sequence, and without exceeding
nameplate rating or considering service factor. Comply with NEMA MG-l and the following:
1. Voltage: NEMA standard voltage selected to operate on nominal circuit voltage to which
motor is connected..
2. Enclosure: Manufacturer's standard.
3. Duty: Continuous duty at ambient temperature of 105 deg F (40 deg C).
4. Service Factor: 1.15 for open dripproof motors; 1.0 for totally enclosed motors.
D. Gate Operators: Concrete base/pad mounted and as follows:
1. Mechanical Slide Gate Operators:
a. Duty: Heavy duty, commercial/industrial.
b. Gate Speed: Minimum 45 feet (13.7 m) per minute.
c. Maximum Gate Weight: 600 Ib (272 kg).
d. Frequency of Use: 10 cycles per hour.
e. Operating Type: Roller chain,.
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02821 - 6
Monroe County Fire Station #25 - North Key Largo
E. Remote Controls: Electric controls separated from gate and motor and drive mechanism, with
enclosure for concrete base/pad mounting, and with space for additional optional equipment.
Provide the following remote-control device(s):
1. Digital Keypad Entry Unit: Multiple-programmable, code capability of not less than 500
possible individual codes, consisting of 1- to 7-digit codes.
a. Face-lighted unit with metal-keyed keypad fully visible at night.
F. Obstruction Detection Devices: Provide each motorized gate with automatic safety sensor(s).
Activation of sensor(s) causes operator to immediately function as follows:
1. Action: Stop gate in opening cycle and reverse gate in closing cycle and hold until clear
of obstruction.
2. Sensor Edge: Contact-pressure-sensitive safety edge, profile, and sensitivity designed for
type of gate and component indicated, in locations as follows. Connect to control circuit
using self-coiling cable.
a. Along entire gate leaf leading edge.
b. Along entire gate leaf trailing edge.
G. Limit Switches: Adjustable switches, interlocked with motor controls and set to automatically
stop gate at fully retracted and fully extended positions.
H. Emergency Release Mechanism: Quick-disconnect release of operator drive system of the
following type of mechanism, permitting manual operation if operator fails. Design system so
control circuit power is disconnected during manual operation.
I. Type: Integral fail-safe release, allowing gate to be pushed open without mechanical
devices, keys, cranks, or special knowledge.
2.9 FENCE GROUNDING
A. Conductors: Bare, solid wire for No.6 A WG and smaller; stranded wire for No.4 A WG and
larger.
1. Material above Finished Grade: [Copper] [Aluminum].
2. Material on or below Finished Grade: Copper.
3. Bonding Jumpers: Braided copper tape, 1 inch (25 mm) wide, woven of No. 30 A WG
bare copper wire, terminated with copper ferrules.
B. Connectors and Grounding Rods: Comply with UL 467.
1 . Grounding Rods: Copper -clad steel.
a. Size: 5/8 by 96 inches (16 by 2440 111m).
CHAIN-LINK FENCES AND GATES
02821 - 7
Monroe County Fire Station #25 - North Key Largo
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas and conditions, with Installer present, for compliance with requirements for a
verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work,
and other conditions affecting performance.
I. Do not begin installation before final grading is completed, unless otherwise permitted by
Architect.
2. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet
(152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system,
underground structures, benchmarks, and property monuments.
3.3 INSTALLATION, GENERAL
A. Install chain-link fencing to comply with ASTM F 567 and more stringent requirements
specified.
1. Install fencing on established boundary lines inside property line.
3.4 CHAIN-LINK FENCE INSTALLATION
A. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in
firm, undisturbed soil.
B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil.
I. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in
position during setting with concrete or mechanical devices.
2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp
for consolidation. Protect aboveground portion of posts from concrete splatter.
a. Exposed Concrete: Extend 2 inches (50 111m) above grade; shape and smooth to
shed water.
c. Terminal Posts: Locate terminal end, comer, and gate posts per ASTM F 567 and terminal pull
posts at changes in horizontal or vertical alignment of 15 degrees or more.
D. Line Posts: Space line posts uniformly at 8 J:eet (2.44 m) o.c.
E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb
position and alignment of fencing. Install braces at end and gate posts and at both sides of
comer and pull posts.
CHAIN-LINK FENCES AND GATES
02821 - 8
Monroe County Fire Station #25 - North Key Largo
1. Locate horizontal braces at midheight of fabric 6 feet (1.83 m) or higher, on fences with
top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb
when diagonal rod is under proper tension.
F. Tension Wire: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Pull wire taut, without sags. Fasten fabric to tension wire with O.120-inch- (3.05-mn1-)
diameter hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches
(610 rum) o.c. Install tension wire in locations indicated before stretching fabric.
1. Bottom Tension Wire: Install tension wire within 6 inches (1 50 mm) of bottom of fabric
and tie to each post with not less than same diameter and type of wire.
G. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Run rail continuously through line post caps, bending to radius for curved runs and
terminating into rail end attached to posts or post caps fabricated to receive rail at terminal
posts. Provide expansion couplings as recommended in writing by fencing manufacturer.
H. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch (25.4 111m)
between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut
and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension
after pulling force is released.
I. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts
with tension bands spaced not more than 15 inches (380 mm) o.c.
J. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire
at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other
end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals
and clothing.
I. Maximum Spacing: Tie fabric to line posts at 12 inches (300 mm) o.c. and to braces at
24 inches (610 mm) o.c.
K. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the
fabric side. Peen ends of bolts or score threads to prevent removal of nuts.
L. Privacy Slats: Install slats in direction indicated, securely locked in place.
1. Vertically, for privacy factor of 70 to 75.
3.5
GATE INSTALLATION
A.
Install gates according to manufacturer's written instructions, level, plumb, and secure for full
opening without interference. Attach fabric as for fencing. Attach hardware using tamper-
resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust
hardware for smooth operation and lubricate where necessary.
CHAIN-LINK FENCES AND GATES
02821 - 9
Monroe County Fire Station #25 - North Key Largo
3.6
GATE OPERATOR INSTALLATION
A.
General: Install gate operators according to manufacturer's written instructions, aligned and
true to fence line and grade.
B.
Excavation for Concrete Bases/Pads: Hand-excavate holes for bases/pads, in firm, undisturbed
soil to dimensions and depths and at locations as required by gate-operator component
manufacturer's written instructions and as indicated.
C.
Concrete Bases/Pads: Cast-in-place or precast concrete, dimensioned and reinforced according
to gate-operator component manufacturer's written instructions and as indicated on Drawings.
D.
Comply with NFP A 70 and manufacturer's written instructions for grounding of electric-
powered motors, controls, and other devices.
3.7
GROUNDING AND BONDING
A.
Fence Grounding: Install at maximum intervals of 500 feet except as follows:
1. Fences within 100 Feet (30 m) of Buildings, Structures, Walkways, and Roadways:
Ground at maximum intervals of 200 feet.
B. Fences Enclosing Electrical Power Distribution Equipment: Ground as required by IEEE C2,
unless otherwise indicated.
C. Grounding Method: At each grounding location, drive a grounding rod vertically until the top is
6 inches (150 mm) below finished grade. Connect rod to fence with No.6 AWG conductor.
Connect conductor to each fence component at the grounding location, including the following:
D. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame.
E. Connections: Make connections so possibility of galvanic action or electrolysis is minimized.
Select connectors, connection hardware, conductors, and connection methods so metals in direct
contact will be galvanically compatible.
1. Use electroplated or hot-tin-coated materials to ensure high conductivity and to make
contact points closer in order of galvanic series.
2. Make connections with clean, bare metal at points of contact.
3. Make aluminum-to-steel connections with stainless-steel separators and mechanical
clamps.
4. Make aluminum-to-galvanized-steel connections with tin-plated copper jumpers and
mechanical clamps.
5. Coat and seal connections having dissimilar metals with inert material to prevent future
penetration of moisture to contact surfaces.
F. Bonding to Lightning Protection System: If fence terminates at lightning-protected building or
structure, ground the fence and bond the fence grounding conductor to lightning protection
down conductor or lightning protection grounding conductor complying with NFP A 780.
CHAIN-LINK FENCES AND GATES
02821 - 10
Monroe County Fire Station #25 - North Key Largo
3.8
3.9
3.10
FIELD QUALITY CONTROL
A.
Grounding-Resistance Testing: Engage a qualified independent testing and inspecting agency
to perform field quality-control testing.
1. Grounding-Resistance Tests: Subject completed grounding system to a megger test at
each grounding location. Measure grounding resistance not less than two full days after
last trace of precipitation, without soil having been moistened by any means other than
natural drainage or seepage and without chemical treatment or other artificial means of
reducing natural grounding resistance. Perform tests by two-point method according to
IEEE 81.
2. Excessive Grounding Resistance: If resistance to grounding exceeds specified value,
notify Architect promptly. Include recommendations for reducing grounding resistance
and a proposal to accomplish recommended work.
3. Report: Prepare test reports certified by a testing agency of grounding resistance at each
test location. Include observations of weather and other phenomena that may affect test
results.
ADJUSTING
A.
Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive
deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout
entire operational range. Confirm that latches and locks engage accurately and securely without
forcing or binding.
B.
Automatic Gate Operator: Energize circuits to electrical equipment and devices. Adjust
operators, controls, safety devices, and limit switches.
1. Operational Test: After electrical circuitry has been energized, start units to confirm
proper motor rotation and unit operation.
2. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and
equipment.
c.
Lubricate hardware, gate operator, and other moving parts.
DEMONSTRATION
A.
Engage a factory-authorized service representative to train Owner's personnel to adjust, operate,
and maintain gates. Refer to Division 1 Section" Demonstration and Training."
END OF SECTION 02821
CHAIN-LINK FENCES AND GATES
02821 - 11
MONROE COUNTY FIRE STATION
NORTH KEY LARGO
ALTERNATE PRICES:
1. Provide camera monitoring to the three station intercom system for front door
access.
ADD $
2. Delete the p.t.wd. picket fencing shown on the drawings at trash handing and fuel
tank/generator. See sheet A-2. In lieu thereof provide chain link fencing and gates
with vertical privacy slats in the same location and configuration.
DEDUCT $
3. Provide chain link fencing at south east side ofproject with sliding vehicle gate
and pedestrian gate.:I: 200 L.F. see sheet A-2 ADD $
4. Provide motorized operation at sliding gate with push button syfer and remote
control in lieu of manual operation ADD $
5. Provide chain link fencing at northwest side of project with swing vehicle and
pedestrian gates. :1:175 L.F. see sheet A-2 ADD $
6. Provide %" corian countertops at kitchen 109 and office 112 in lieu of plastic
laminate. See sheet A-4 and A-15 ADD $
7. Delete side entry structure at c01.lines D-4 to D-6. Set storefront section S-4 into
exterior wall on line D between lines 5 and 6, and provide cantilevered eyebrow
overhang similar to section 1/ A-l3.1 by 8'-0" length. See sheet A-4, A-6, A-l3.1
DEDUCT $
8. Delete the generator building and interior vented generator as shown on the sheet
A-3 in its entirety. In lieu thereof, provide a free standing weather proof
generator, Detroit Diesel 180 KW, on a reinforced conc. slab and foundation with
a fenced enclosure. Relocate meter, panels, disconnect and transfer switch to the
rear wall of the main building. See sheet A-2, S-5, E-2, and E-5
DEDUCT $
9. Delete the large roof vent dormer on B line between lines 12 and 13, and provide
a standard hip roof line instead. Reroute dryer and toilet flTI. exhaust shown sht.
M-2 to nearest available soffit and provide soffit louver.
DEDUCT $
10. Delete that portion of the fire sprinkle system, as described on sht. A-8 and A-9,
that is located within the vehicle bays and storage rms, where future installation is
less difficult, and that portion of the system described as Phase II on sht. A-8.
DEDUCT $
11. Delete the fire sprinkler system in its entirety, including electrical, underground
and any other provisions included with Phase I or II work as noted sht. A-8.
12. Delete that portion of the demolition required to remove the existing metal
building shell and related vertical structure as described in addendum # I.
DEDUCT $
13. Provide supply and return ductwork fabricated of 1 W' (R-6) standard duty
fiberglass board in accordance with note 8 sheet M-l in lieu of externally
insulated galvanized sheet mtl. per notes 5 and 6 sheet M -I.
DEDUCT $
NOTE:All alternate prices shall reflect actual cost to the owner and shall include charge
or credit for overhead and profit and any other related costs.
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No. PRF08793385
AlA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
OVERHOLT CONSTRUCTION CORPORATION
10460 SW 187th Tr.
Miami, FL 33157
IH'tr~ ''''~'' ,,,II ..,"'~ and ,dd,", 0' I~I" "Il~ 01 CO"",clo,1
as Principal, hereinaftp.r called Contractor, and,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1400 American Lane
Schaumburg. IL 60196-1056
IH~,~ i..,~,. ,,,n na~ and add'~1I 0' 1~lal lill~ 01 S"'~ly'
as Surety, hereinafter called Surety, are held and firmly bound unto
MONROE COUNTY BOARD OF COMMISSIONERS (H~,~ i",~,' ,,,n n''''~ and add'~1I 0' lel,l IiUe 01 O...n~'1
500 Whitehead Street
Key West, FL 33040
as Obligee, hereinafter called Owner, in the amount of
Two Million Thirty Thousand Five Hundred and 00/100 Dollars ($ 2,030,500.00
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated , entered into a contract with Owner for
lH~,. .n'~rl ,,,n "amoP. olCfd,ft, and dnc,iphon 01 p,ojec:lI
Monroe County Fire Station #25 - Municipal Fire Station - 220 Reef Drive, Key Largo, FL
in accordance with Drawings and Specifications prepared by
IHe'~ ,n,err lull n,me and .dd,e" 0' lelal h,'e 01 A.ch.lt'C1I
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT .un . PlRrORMANCE BONO AND lAIOR AND MATERIAl PAVMENT BOND . AlA 8
rfRRUMtY 1'170 Ell.. THE AMERICAN INSTITUTE OF ARCHITECT~. 17)S N.Y. AVE. NW., WASHINGTON, D. C. 20006
1
PERFORMANCE BOND
NOW, THERHORE, THE CONDITION OF THIS OlllGATION is such that, if Contractor shall promptly and failhfully perform
said Contract. then this obligation shall be null and void: otherwise it shall remain In full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy Ihe default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with Its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this
day of
9th
/~
/
~ .. .
/ ,~
G;celleaj 'w.o....,
defaults under the contract or contracb of completIon
arranged under this paragraph) sufficienl funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including olher cmls and damages
for which the Surety may be liable hereunder. the amounl
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the lotal amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be in~tituted before
the expiration of two (2) years from the dale on which
tinal payment under the Contract falls due.
No. right of action shall accrue on thi~ bond to or for
the use of any person or corporation Olher Ihan the
Owner named herein or the heIrs, execulors, admlnis-
tralors or successors of the Owner.
June
2005
ISt'W
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
I ',,,.,,,,
(~".lll
WilliamL
AgenU
Attorney-in-Fact
AlA DOCUMENT .uU . PEKH)RMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO' AlA ~
r'BRUARy,,,m Ef). - THE AMERICAN tNSTITUn OF ARCHITlCT!\, '7)5 N.Y. AVE.. N.W., WMHINGTON, D. C. 20006
2
THE AMERICAN INSTITUTE OF ARCHITECTS
....
,'" I :
, ".:'
Bond No. PRF08793385
AlA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFOR~ANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FUll AND FAITHFUL PERfORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
OVERHOLT CONSTRUCTION CORPORATION
10460 SW 187th Tr.
Miami, FL 33157
IHIt'1t ,n'It" full namlt and add.." 0' le.al hlllt O' Con",c.O,1
as Principal, hereinafter called Principal, and,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND IHIt'1t inSIt" full namlt and add,e.. 0' 1'111...1, 01 Sutf.YI
1400 American Lane
Schaumburg,IL 60196-1056
as Surety, hereinafter called Surety, are held and firmly bound unto
MONROE COUNTY BOARD OF COMMISSIONERS (HfI. ,n.." full namlt and add,r.. 0' Ir.al hlle 01 Ownerl
500 Whitehead Street
Key West. FL 33040
as Obligee, hereinafter calred Owner, for the use and benefit of claimants as hereinbelow deiined, in the
amount ofTwo Million Thirty Thousand Five Hundred and 00/100
IHr'1t ,nSf" a sum equal 10 II lean one.hall of Ihe cOntraCI p,ied Dollars (S 2,030,500.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated , entered into a contract with Owner for
(H.." .nsen full name. address and dflcripllon 01 proj..cll
Monroe County Fire Station #25 - Municipal Fire Station - 220 Reef Drive, Key Largo, FL
in accordance with Drawings and Specifications prepared by
(He,e ,nsen lull name and add,e.. 0' 1.'0' 'i.le of ArchileclI
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A111 . PERFORMASCE BONO AND LABOR AND MATERIAL PAYMENT BONO . AfA (!!)
FEBRUARV 1970 ED.' THE AMERICAN INSTITUTE OF ..\RCHITECTS. 171S N.V. AVE., NW., WASHINGTON. D. C. 20006
3
LABOR AND MATERIAL PAYMENT BOND
NOW, THEIlEFORE. THE CONDITION OF THIS OBIIG^ nON is sucl1 Il1al, if Principal shall promplly make payment 10 all
claImants a~ hereinafter defined, for all labor and malerial u!oed or rea~onably required for use in Ihe performance of Ihe
Contract, Ihen Ihis obligallon sh~1I be void; olherwlse II shall remain In full force clnd effect, subject, however, to Ihe fo/.
10winR conditions:
William L. Parker-
Agent!
THIS BOND IS HEREBY AMENDED SO THAT THE PROVISION AND LIMITATIONS OF SECTION
255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
INCORPORATED HEREIN BY REFERENCE.
AlA OOCUMENT Aln . "[lCrORMANC[ BONO AND lABOIt ANO MA TUUM rAYMENT ROND . AlA S
rlBIIUAIIY 1.,,0 EO. . THE AMERICAN IN'iTlTUTE OF AR<':HlTEC1S. 171~ N Y. AVE.. NW.. WASHINC, TON. D. C. JOOO(.
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of Ihe
Principal for labor, material, or bOlh, used or reasonably
required for IJse in the performance of Ihe Contract.
labor and material being con~lrued to include Ihat part of
water. gas. power. light, heat, oil, gasoline, telephone
service or rental of equIpment directly applicable to the
Contract.
2. The olIbove named Principal olInd Surety hereby
jointly olInd severally agree with Ihe Owner Ihat every
claimant as herein defined, who has not been paid in
full before Ihe explrahon of a period of ninety (901
days olI"er Ihe dale on which the last of such c1aimant"s
work or labor was done or performed, or matenals werE'
furnished by such claimant, may sue on thiS bond for
the use of such c1ol1imant. prmecute the suit to final
judgment for such !>um or ~ums as may be justly due
claimant, and have execullon thereon The Owner shall
not be liable for the payment of any Cosls or expenses
of .my such suit.
l. No suil or action shall be commenced hereunder
by olIny claimant:
.) Unles~ claimant. other than one having a direct
contract Wllh Ihe PrinCIpal, !lh.lll h.lve gIVen written
nOllce to any two of the follOWing: the PrlOcipal, the
Owner, or the Surety above named, wilhin nlnely (901
days after such c1alm.nt did or performed the last of
the work or lahor, or furnished Ihe last of Ihe matena/s
for which saId claim is made. stahng with substantial
Signed clnd sealed this
day of
9th
}../
//~
.~~ / '
G;wlle pajo" ~ w......,
accuracy the amount claimed .nd the name of the party
to whom the materials were furnished, or for whom
the work or labor wu done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail. postage prepaid, in an envelope ad.
dressed 10 the PrinCipal. Owner or Surety, olIt .ny place
where an office is regularly m.intained for the trans-
action of business, or served in any manner in which
legolll process may be served in the state in which the
.foresaid project is located, save that such service need
not be made by a public officer.
bl After the expir.ltion of one (1) year following the
d.te on which PrinCIpal ceased Work on said Contract,
it being understood, however, that If .ny limit.tron em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limilation shall be deemed
to be amended so. as to be equal to the minimum period
of limitation permitted by su<:h law.
c) Olher Ihan in a stale court of competent jUrISdictIon
in and for the county or other political subdivision of
the stolte in which the Project, or any put thereof. is
situated. or in the United Slales District Court for the
district in which Ihe ProJect, or .ny part thereof, is sit-
uated. and not elsewhere.
4. The amount of thiS bond shall be reduced by and
to the extenl at any payment or payments made In good
failh hereunder, inclu~lve of the payment by Surety of
mechanICS' liens which may be filed of record .gainst
said improvement, whether or not claim for the amount
of such lien be presenled under and .gainsl Ihi\ bond.
2005
IS.,.,
PIlES,oeA./r
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
I IS..""
1X-.II
Attorney-in-Fact
4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES. Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, ~are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h~e~l{oes)~by nominate, constitute
and appoint William L. PARKER, Joseph M. PIETRANGELO andJlty,~iftNi~:3I(~~~~mi, Florida, EACH
its true and lawful agent and Attorney-in-Fact, to make, exec~~~~~~t:~r.,~m~~as surety, and as its
act and deed: any a~d ~II bonds a~d undertaki_~~~'f\~n~'~~~~JJ4'1~aki~gs in pursuance of these
presents, shall be as binding upon saJ~ C~PfWiJlJ.y~~~?a{Nlmd \'tIJhl\~~and purposes, as If they had been duly
executed and acknowledge<!.~ ~l.~ct.~~cte<! Pf,~~fP,t~~ camtJ~ny at its office in Baltimore, Md., in their own
proper persons. Th~~~l\attcl-~ ~~~),;~'OJ{t5ehalf of William L. Parker, Joseph M. Pietrangelo, Davor 1.
Mimica, dated Febrl\~:~.Q.O~-;:.\\,t\'~\ ~ (~- -
The said Assistant ~~\~es\lie'r~bY~ertify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Ltt.ws\rl{aid Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of November,
A.D. 2003.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
By:
William J. Mills
(l- ~. /2 -I
~/ ;U L I ;Xu--r-f--
Eric D. Barnes
Vice Presidellt
State of Maryland } ss.
City of Baltimore .
On this 4th day of November, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself de po seth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
,\\\\'~:.' ~~~ ~II'I,-
~x ~ \ f....... .....~~f( ,.~
.~ ....., ,u'."'-1'/~~~
::: ".. [( ( . \...~ r~-
.~ l;,.,,~,(, '- i :
0;;. 't.\.. {, I 1(. ...r. ~
......, (%~... ......:.:~~ '-,....
"'Ii~~(;~~i~\\\\
~~ D Qo.-{2
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 031-2075
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require. or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations.
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
9th
day of
June
2005
/1 /:;c l)
(-,",=J..<"--""Y"'i"" , !. {1 t t
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j
AssistullI Secretary
G
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
Di<iclosure of Terrorism Premium
The premium charge for riskofloss resulting from acts of terrorism (as dermed in the Act) under this bond is
$_ waived_. This amount is reflected in the total premium for this bond.
Di<iclosure of Availability of Covera2e for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductlble. For 2002, the insurance company deductlble is 1% of direct earned
premium in the prior year; for 2003, ']0.10 of direct earned premium in the prior year; for 2004, l00fo of direct earned
premium in the prior year; and for-2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United S~ government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in anyone calendar year.
Defmition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
1. .to be an act of terrorism;
2. to be. a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 1.7 States Code) or a United States flag vessel(or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course ofa war
declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
~ These d~closures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich Atrerican InsW"ance Co~any 2003
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
ell!}'! f s. {} t/&,f/fOCT
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provi. the County
may, in its discretion, terminate this contract without liability- and m
deduct from the contract or purchase price, or otherwis ec er
commission, percentage, gift, or consideration paid
Date:
t? ~ ~e~
STATE OF r;, 00'1 Dtt
COUNTY OF 1-1 lit /vii - () A ~ L-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Cf2.lh,5. D vtR. Hot::r who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this "6/sr day of
L'J~(l.1 , 20 05.
~A ~G~ -K ~W~
~ NOTARY PUBUC \
My commission expires: ~At.Jv.... kJLy
~ Marlene KMalr
! . My Commission 00180107
"'- <
11}; 'of Expires Janua'Y 10 2008
01'""
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OMB - MCP FORM #4
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.
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r77 6nrt2 e: I cJu.r7 ':f Fire 5 Ia-I- "an 1F ~5
10 !./uO S tA.) / F7~ /e/raLe
.
mia-/??/, F L .3 3/.57
.
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Oe/7?o//.j.t'on cJ-,C old slrut..-kre
IOI7Sf.rl/J/orJ 0+ /Jetu 5-J.'l/Jt.lr~
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Signature of Contractor:
Reason for Waiver:
~ () IIe.nI
Policies Waiver
will apply to:
v p O.r FI'/1c.n~ e
~ A:lm/n~'".JI,a...h'o'J
tLa.. ~
~- ,~
CtAi j/y~ ~.
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
BUTJLER
BUCKJLEY
& DEETS
6161 Blue Lagoon Drive, Suite 420 . Miami, Florida 33126-2048
Telephone: (305) 262-0086 . Fax: (305) 262-0187
"Miam;~~ Oldest Insurance Agency estab/i.~hed 1910"
September 2, 2005
Overholt Construction Corp.
Mr. Neal Pocquette
10460 SW 187 TERR
MIAMI, FL 33157
Re: Momoe County Fire Station
Builders Risk Insurance
Dear Neal,
This letter serves to advise Overholt Construction and Monroe County ofthe time line
which will be required in order to provide the three policies needed in order to properly
protect all interests with the insurance in accordance with the contract. The three policies
that 1 will be providing are as follows:
1) Builders Risk Insurance providing all perils except the perils of windstorm and
hail
2) Wind and Hail Insurance which must be provided by the Citizens Insurance
Company which is the state run insurance pool. They will not issue proof of
coverage until they have a) a copy of the permit and b) a picture of the site, vacant
and without any other structures on the property.
3) Flood Insurance
On the Builders Risk Insurance I can provide this coverage at any time, providing there is
not a tropical storm or greater near the US.
The Wind and Hail Policy can be provided once I receive a copy of the building permit
and a picture showing the lot as vacant. Presently the picture I have shows a structure on
the premises and Citizens will not accept this as eligible for a Builders Risk Policy.
.
General Insurance. Employee Benefits. Bonds
.
The Flood Insurance can not be provided in accordance with the National Flood
Insurance Programs rules, until after the first floor has been poured and an elevation
certificate has been provided to me. at which time I will be in a position to effect this
coverage.
Neal, I hope this clarifies the obstacles that will keep me from being able to provide t~
various insurances and will enable you to obtain the necessary waiver so I may receive
the documents I need in order to place each one of these insurances.
Please let me know ifl can be of any further assistance.
Since~ely,
TCB/mp