HomeMy WebLinkAboutProject ManualPROJECT MANUAL
The George W. Truitt
ALPI CENTER REMODELING PROJECT
for
The Agriculture and Labor Program, Inc.
By
Architect:
FLORIDA ARCHITECTS, INC.
8517 South Park Circle, Suite 150
.Orlando, Florida 32819
Phone: 407.370.5555
Fax: 407.370.5550
fl�floridaarchitects.com
License Number AA0002730
1217 Delaware Avenue
Fort Pierce, Florida 34950
Phone: 772.468.0053
FAX: 772.468.3002
Date Issued: September 24, 2002
PROJECT MANUAL
The George W. Truitt
ALPI CENTER REMODELING PROJECT
for
The Agriculture and Labor Program, Inc.
By
Architect:
FLORIDA ARCHITECTS, INC.
8517 South Park Circle, Suite 150
Orlando, Florida 32819
Phone: 407.370.5555
Fax: 407.370.5550
fla-floridaarchitects.com
License Number AA0002730
1217 Delaware Avenue
Fort Pierce, Florida 34950
Phone: 772.468.0053
FAX: 772.468.3002
Date Issued: September 24, 2002
M,�k vJ . A► ti
VV
ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
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ALPI CENTER REMODELING PROJECT
TABLE OF CONTENTS
September 24, 2002
DRAWINGS: (Bound Separate) Index to Drawings dated/revised September 24, 2002
PROJECT MANUAL/SPECIFICATION SECTIONS:
DIVISION 1 - GENERAL REQUIREMENTS
00100 Invitation to Bid
00310 Bid for Construction Contract
00800 Supplementary General Conditions
00820 Special Conditions
01010 Summary of Work
ADVERTISEMENT FOR BIDS
Sealed bids will be received by Florida Architects, Inc., until 2:00 P.M. local time, on Thursday, the 31st day
of October, 2002, in the office of Florida Architects, 1217 Delaware Avenue, Fort Pierce, Florida 34950, at
which time and place, or as soon thereafter as can be attended to, the said bid will be publicly opened, read
aloud, and tabulated by authorized representatives of the Agriculture & LaborProgram, Inc. (ALPI) and Florida
Architects, Inc. (FLA). ALPI and FLA will thereafter make the award of the contract based upon the results of
the tabulations as covered by applicable laws and regulations; for all materials and labor necessary for the
renovation of:
GEORGE W. TRUITT CENTER
AGRICULTURE & LABOR PROGRAM, INC.
Prime Bidders may obtain sets of bid and contract documents from the office of Florida Architects, 1217
Delaware Ave., Fort Pierce, Florida 34950, (772) 468-0053 on and after Monday, October 14th, 2002, with
deposit of $35.00 per set. (Cashier's Check or Money Order, payable to Florida Architects, Inc.). Deposit non-
refundable.
The Pre -Bid Conference will be held on Tuesday, October 22, 2002 at 3:00 P.M., at the George W. Truitt
Center,' 1814 North 13°i Street, Fort Pierce, Florida, 34950. IT IS MANDATORY THAT ALL PROSPECTIVE
BIDDERS ATTEND THIS MEETING.
A Bid Bond, Cashier's Check, or Certified Check in the amount of not less than five percent (5%) of the total
amount bid must accompany each bid, payable to the Agriculture & Labor Program, Inc., as evidence of good
faith and guaranteeing that the successful bidder will execute and furnish to ALPI, a bond issued by a Surety
Company licensed to do business in the state of Florida, and rated by Best's Financial Rating to have a
policyholder's rating of "A"; and a financial rating of Class IX, for 100% of the contract price, within ten (10) days
after being awarded the contract; said bond guaranteeing the performance of said contract and -payment of all
debts pertaining thereto, the premium of said bond to be paid by the Contractor.
All bids shall be placed in an envelope, sealed, and addressed to Florida Architects, Inc., Attn: Ken Singletary,
1217 Delaware Avenue, Fort Pierce, Florida 34960. The name of the project and words indicating that the
envelope contains a bid for said project shall be placed on the outside of the envelope.
The successful Bidder, if any, will be notified within five (5) days after the bid is accepted. ALPI reserves the
right to reject any and all bids; and waive any informalities or minor technicalities. All proposals shall remain
in force for sixty (60) days after the opening.
Bidders are requested to call the Architect, (772) 468-0053, 1217 Delaware Avenue, Fort Pierce, Florida_ '34950,
for the return of their certified check, cashier's check, or bid bond, which will be made available to the bidders
in accordance with the instructions to Bidders and General Conditions in the Project Manual.
AGRICULTURE & LABOR PROGRAM, INC.
BY:
FLORIDA ARCHITECTS, INC.
PUBLISH: Oct. 12th, Oct. 14"' and Oct. 201h, 2002
11
I'd
ALPI CENTER REMODELING
Fort Pierce, Florida
BID FOR CONSTRUCTION CONTRACT
For
ALPI CENTER REMODELING
George W. Truitt Center
1814 North 131h Street
Fort Pierce, Florida 34950
Florida Architects, Inc.
8517 South Park Circle, Suite 150
Orlando, Florida 32819
FLA Project No. 4050
A. Bid From (herein after called
"Bidder") a Corporate organized and existing under the laws of the State of Florida, a Partnership, or an
individual.
TO: Florida Architects, Inc.
B. The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid as Principal or
Principals is, or are, named herein and that no other person and herein mentioned has any interest in this proposal
or in the contract to be entered into; that this Bid is made without connection with any other person, company,
-- or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud.
C. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all
conditions pertaining to the places where the work is to be done; that he has examined the drawings and
specifications for the work and the contractual documents relative thereto, and has read all the special
provisions furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be
performed.
D. The Bidder proposes and agrees, if this Bid is accepted, to contract with The Agricultural and Labor Program, Inc.
in the form of Contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and labor necessary to complete the scope -of -work identified.
E. In full and complete accordance with the shown, noted, described, and intended requirements of the Contract
Documents to the full and entire satisfaction of Florida Architects, Inc. and The Agricultural and Labor Program,
Inc. with a definite understanding that no money will be allowed for extra work except as set for in the Contract
Documents, the Bidder makes the following proposal.
F. The Bidder further proposes and agrees to commence work under this Contract no later than seven (7) consecutive
days from the date established in the Notice to Proceed issued by the Architect, and be Substantially Complete
within One Hundred Ninety-Six(196) consecutive calendar days thereafter. If the Contractor shall neglect, fail or
refuse to complete the work within the time specified, then the Contractor shall pay to the Owner as liquidated
damages for the delay of final completion, not as penalty, the amount of: Five hundred dollars ($500) per calendar
day from the contract date of substantial completion until the date the Architect issues the Certificate of
Substantial'Completion; plus (ii) One hundred twenty five dollars ($125) per calendar day, during the punch list
period, until the Final Completion Certificate is issued by the Architect.
G. After the date of Substantial Completion, an additional Ten (10) calendar days will be allowed for the following:
Completion of all punch list items.
2. Removal of equipment, excess materials, and debris from the site.
9/24/02 BID FOR CONSTRUCTION CONTRACT Page 1 of 3
ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
H. The Bidder further proposes and agrees to execute and deliver the said Contract and the required Certificates of
Insurance, all within Five (5) consecutive calendar days after written notice being given for the award of the
Contract, and other required Sub-Contractor/Supplier and the Post -Bid Information requirements Three (3) days
after the bid opening.
I. CONSIDERATION OF BIDS:
1. The Bidder agrees that this bid may not be withdrawn for a period of Forty -Five (45) calendar days from
the opening thereof.
2. This Bid Form shall become a part of the Contract for Construction.
J. ADDENDA RECEIPT:
1. The receipt of the following Addenda to the Bidding Documents is hereby acknowledged:
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated.
K. BID AMOUNTS:
1. Base -Bid Amount: For all work associated and described on the Drawings and in the Specifications.
Base -Bid Amount (In Words):
Dollars($
(Show amount in both words and figure. In case of discrepancy, amount shown in words shall govern).
2. Alternate -Bid Amount: For all work associated and described on the Drawings and in the Specifications.
Alternate -Bid Amount (In Words):
Dollars($
(Show amount in both words and figure. In case of discrepancy, amount shown in words shall govern).
L. The undersigned Bidder holds Florida Construction Industry Licensing Board Certification Number
Respectfully submitted,
(FIRM NAME)
Address
BY:
(Authorized Officer)
9/24/02 BID FOR CONSTRUCTION CONTRACT Page 2 of 3
ALPI CENTER REMODELING
Fort Pierce, Florida
FLA Project No. 4050
TITLE
Witness:
(Seal if bid is by a Corporation) (SEAL)
The right to reject all bid proposals, or to waive any informalities or irregularities therein, is reserved by Florida
Architects, Inc. and The Agricultural and Labor Program, Inc., It is further understood and agreed that Florida
Architects, Inc. and The Agricultural and Labor Program, Inc. reserves the right to reject any or all bids, or to
award the contract in -his best interest.
END OF SECTION
9/24/02
BID FOR CONSTRUCTION CONTRACT
Page 3 of 3
1 SECTION 00800 - SUPPLEMENTARY GENERAL CONDITIONS
2 (SUPPLEMENTS TO A.I.A. DOCUMENT A201, 1987 EDITION
3 GENERAL CONDITIONS FOR THE CONTRACT FOR CONSTRUCTION)
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TABLE OF CONTENTS:
j 7
ARTICLE 1:
General Provisions
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ARTICLE 2:
Owner
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ARTICLE 3:
Contractor
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ARTICLE 4:
Administration of the Contract
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ARTICLE 5:.
Subcontractors
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ARTICLE 6:
Construction by Owner or By Separate Contractors
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ARTICLE 7:
Changes To The Work
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ARTICLE 8:
Time
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ARTICLE 9:
Payments and Completion
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ARTICLE 10:
Protection of Person and Property
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ARTICLE 11:
Insurance and Bonds
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ARTICLE 12:
Uncovering and Correction of Work
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ARTICLE 13:
Miscellaneous Provisions
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ARTICLE 14:
Termination of Suspension of the Contract
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ARTICLE 15:
Equal Opportunity
.a4
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS
Page 1 of 17
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SECTION 00800 - SUPPLEMENTARY GENERAL CONDITIONS
PART I - GENERAL:
These Supplementary General Conditions modify, change, delete from, or add to the "General Conditions of the Contract
for Construction," A.I.A. Document A201, 1987 Edition. The A.I.A Document A201, 1987 Edition is hereby made a part
of every Section of these Specifications and shall be binding upon the General Contractor, Subcontractor, and Material
Supplier. Where any article of the General Conditions is modified, or any Paragraph, Subparagraph, or Sub -Subparagraph
thereof is modified or deleted by these Supplementary General Conditions, the unaltered provisions of the Article,
Paragraph, Subparagraph, or Sub -Sub Paragraph shall remain in effect.
ARTICLE 1:
GENERAL PROVISIONS:
1.1 DEFINITIONS: Supplement Paragraph 1.1 as follows:
1.1.1.1 The General Contractor's Proposal Form as accepted by the Owner shall be a part of the Contract
Documents.
1.1.8 The term "provide", as used in the Contract Documents, includes furnishing all labor, supervision, tools,
materials, supplies, equipment, shop drawings, product data and samples, together with all services,
accessories and costs associated with performance of the work, or production of an item or system
usable in the complete project.
1.1.9 Add the Following: In the General Conditions, Supplementary General Conditions, Special Conditions,
and Technical Specifications the term "Contractor" refers to the General Contractor for the related Work.
1.1.10 Diagrammatic: As used in these Contract Documents, shall mean to outline in schematic form or an
illustration to be used as a guide only.
1.1.11 Product: As used in these Contract Documents, includes materials, systems and equipment.
1.2 EXECUTION CORRELATION INTENT AND INTERPRETATION: Supplement Paragraph 1.2 as follows:
1.2.1.1 Add the Following: "The General Contractor shall execute the "Form of Agreement Between Owner and
Contractor" and return within seven (7) days after receiving the same."
122.1 Examination of site shall include determination of the nature and scope of the work and all difficulties that
accompany its execution.
1.2.3 Delete entirely and substitute the following:
"1.2.3 The Contract Documents are complementary, and what is required by any one shall be as binding
as if required by all. Performance by the General. Contractor shall be required to produce the
intended results. In cases of discrepancies between the Contract Documents, the Agreement
shall take precedence over the Drawings and Specifications, and the Specifications shall take
precedence over the Drawings, except as listed under Item "4". Figure dimensions (if not in
error) shall take precedence over scale. Large scale plans, sections, and details take
precedence over smaller scaled items. Plan schedules shall control over general plans. Addenda
and Change Orders supersede only affected portions of- the Documents.
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS
Page 2 of 17
1 The General Contractor, however, shall be held to providing completed work, according
to the meaning and intent of the Drawings and Specifications whether all of the items
involved under any trade are mentioned in one or several sections.
.2 Should any item to be furnished or labor to be performed as specified under more than
one Section of the Specification, it will be premised that the General Contractor and
Subcontractors have included said product and/or labor, unless he shall have obtained
a written decision from the Architect before the bid opening. The Architect will decide
who shall provide such items. Proper credit shall be given to the Owner when the cost
has=been included more than once.
3 The General Contractor and Subcontractors shall not take advantage of errors or
omissions on Drawings or Specifications.
.4 If any errors or omissions appear in Drawings, Specifications, or other Contract
Documents, the Subcontractors shall notify the Architect through the General Contractor
before time of submitting bid. Should conflict occur in or between Drawings and
Specifications, the General Contractor and Subcontractors are deemed to have estimated
on the more expensive product, method of installation, and the greater quantity, unless
he has requested and obtained a written decision by the Architect before submission of
proposals as to which method, product, or quantity will be required.
.5 References to known standard specifications shall mean the latest edition of such
specifications adopted and published at date of invitation to submit proposal. Words
which have well-known technical or trade meanings are used herein accordance with
such recognized meanings.
6 When dimensions as shown on the Drawings are affected by conditions already
established, the General Contractor shall take measurements to verify the given scale
or figure dimensions in the Drawings.
7 The Specifications, detailed description or omission of it, concerning any work to be
provided shall be regarded as meaning that only the best general practice of the trade is
to prevail an that only materials and workmanship of the first quality are to be used. All
interpretations of these Specifications shall be made upon this basis and all
interpretations shall be made by the Architect.
.8 Execute work as per Contract Documents. Make no changes without having first
received written permission from the Architect. Where detailed information is lacking,
before proceeding with work, refer matter to the Architect for additional information.
9 Where there is conflict between the Drawings, or between Drawings and Specifications,
or doubt as to meaning, the General Contractor or Subcontractor shall obtain a written
decision from the Architect, except where the General Contractor or Subcontractor
deems that there could be immediate damages to life or property. He shall not proceed
in uncertainty in any instance.
10 In the case of discrepancies between the INFORMATION TO BIDDERS, DRAWINGS,
SPECIFICATIONS, OR ADDENDA as it relates to each Subcontractor's Work Category
responsibilities, the most stringent case applies as determined by the Architect."
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 3 of 17
1 1.2.4 Add the following:
2
3 ".1 Construction Specifications Institute (C.S.I. Uniform System): To assist the Contract, the
4 Specifications are divided into Divisions and Section numbers conforming to "Uniform System for
5 Construction Specifications."
6
7
8 ARTICLE 2:
9
10 OWNER:
11
12 2.1 DEFINITION: Add the following subparagraphs:
13
14 "2.1.1.1 THE TERM "ARCHITECT" AS USED IN THE GENERAL CONDITIONS SHALL MEAN FLORIDA
15 ARCHITECTS, INC. WHERE THE TERM "A/E", "ARCHITECT/ENGINEER", OR "ENGINEER" IS USED
16 IN THE DOCUMENTS, IT SHALL BE CONSIDERED AS BEING SYNONYMOUS WITH THE TERM
17 "ARCHITECT" AS DEFINED IN THE GENERAL CONDITIONS."
18
19 "2.1.1.2 The use of phases "as directed", "as instructed", "approved ",."authorized", "accepted", and similar terms
20 implies that such action will be taken by the Architect/Engineer unless specifically stated otherwise."
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22 2.2 INFORMATION AND SERVICES REQUIRED OFTHEOWNER: Delete subparagraph 2.2.5 and add the following:
23
24 "2.2.5 The General Contractor shall be furnished with FOUR (4) sets of Drawings, and FOUR (4) sets of
25 Specifications upon contract award.. Each Subcontractor will be furnished with TWO (2) sets of Drawings,
26 and TWO (2) sets of Specifications by the General Contractor at the time of contract award. If additional
27 sets are required by the Subcontractor, they will furnish upon written request, for the cost of printing,
28 handling and shipping as applicable."
29
30 2.4 OWNERS RIGHT TO CARRY OUT THE WORK:
31
32 2.4.1.1 Add the following: The Owner will assist the Architect in determining in general that the Work of the
33 General Contractor is being performed in accordance with the Contract Documents, and will endeavor to
34 guard the Owner against defects and deficiencies in the Work of the Contractor."
35
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37 ARTICLE 3:
38
39 CONTRACTOR:
40
41 3.2 REVIEW OF CONTRACT DOCUMENTS: Add the following:
42
43 "3.2.1.1 The General Contractor shall instruct Subcontractors and material suppliers, and shall assist in their
44 studying and understanding the complete Drawings, Specifications, Addenda and revision drawings to
45 determine the extent and limitations of this Construction Contract."
46
47 "3.2.2.1 The General Contractor, Subcontractors and material suppliers shall examine the Architectural Drawings
48 and Specifications, and verify all measurements and requirements before ordering materials or performing
49 any work to avoid problems during construction."
50
51 "3.2.2.2 Before ordering materials or doing any work, the General Contractor and. Subcontractors shall verify all
52 measurements at the project site and shall be responsible for their correctness. No extra compensation
53 will be allowed on account of differences between actual dimensions and those indicated on the Drawings.
54 Any decided difference which may be found shall be reported to the Architect, in writing, for consideration
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 4 of 17
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3.4
before proceeding with the Work."
LABOR AND MATERIALS: Add the following:
"3.4.1.1 Material Standards - Unless otherwise specifically provided in this Contract, reference to any equipment,
material, article, or patented process, by trade name, make, or catalog number, shall establish a standard
of quality and the Base Bid shall include only materials and items exactly as specified or called for by
name."
"3.4.1.2 Substitutions during Bidding - Period - Requests for substitutions during the bidding period will be
considered and treated only as stated in Specification Section 00820, Special Conditions, Article 24,
Substitution of Materials and Equipment. Once bids have been received, the General Contractor will
prepare the Contract on the basis that all items are those specified in the Specifications, shown on the
Drawings, or approved in Addenda during the bidding period. The approval of a product during the bid
period does not negate the requirement for the submission of complete data during the construction in
accordance with the Section 01300, Submittals, nor does it negate the burden of complying with any and
all specification requirements. Should further investigation of a product approved during the bid period
indicate that the product does not meet the essential requirements of the project the General Contractor
and Subcontractors shall make such modifications as are necessary to meet these essential
requirements."
"3.4.1.3 Approval After Bids are Opened - Substitutions or approval of products will be considered after bids are
opened only under the following conditions:
1 The General Contractorshall place orders forspecified materials and equipment promptly upon award
of Contract. No excuses or proposed substitutions will be considered for materials and equipment
due to unavailability, unless proof is submitted that firm orders were promptly placed for the item
listed in the Specifications.
2 The reason for the unavailability shall be beyond the control of the General Contractor, such as
strikes, lockouts. bankruptcy, discontinuance of the manufacturer or a product, or acts of god, and
shall be made known in writing to the Architect within ten (10) days of the date that the General
Contractor ascertains that he cannot obtain the material or equipment specified. Requests shall be
accompanied by a complete description of the materials or equipment which the General Contractor
wishes to use as a substitute."
"3.4.2.1 If any person employed on the Work is found in the judgement of the General Contractor, Architect or
Owner, to be incompetent, disorderly, unfaithful, or disobedient so far as to endanger proper fulfillment of
the Contract, he shall, if directed be discharged immediately and not employed again on any part of the
Work."
3.5 WARRANTY: Add the following:
"3.5.2 Under this warranty for a period of one (2) year from date of Completion, as evidenced by the date of
"Substantial Completion" of the Work, the General Contractor and Subcontractor shall remedy, at his own
expense, any such failure to conform on any such defects. Where warranties are written in any Section
for longer than one (1) year, such terms will apply."
1.5.3 Nothing in the above intends or implies that this warranty shall apply to work which has been abused or
neglected by the Owner."
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 5 of 17
1 3.6 TAXES: Add the following:
2
3 "3.6.2 Unless otherwise specified, the Contract price includes all Federal, State and local taxes imposed prior
4 to the execution of the Agreement and which are applicable to the Work. If any new privilege, sales gross
5 receipt or other excise tax, exclusive of taxes and net income or undistributed profit applicable to the Work
6 and payable by the General Contractor or Subcontractors is imposed by the State of Florida, or such
7 present tax be increased as of the date thereof, then the Contract price will be adjusted accordingly and
8 the Owner will reimburse the Contractor therefore without any allowance for overhead or profit upon
9 separate payment application containing such pertinent details as the Owner may require."
10
11 3.7 PERMITS, FEES AND NOTICES: Delete paragraph 3.7.1 and substitute the following:
12
13 "3.7.1 Building Permit: A local building permit is required for this project and will be obtained by the General
14 Contractor through the local authority having jurisdiction. The General Contractor and each Subcontractor
15 shall cooperate with the Owner in obtaining required approvals and inspections.
16
17 The General Contractor shall secure all other permits, governmental fees, anti -pollution fees, and licenses
18 necessary for the proper execution and completion of his Work, which are applicable at the time the bids
19 are received. The local sewer connection fees will be paid directly to the issuing agency by the
20 Subcontractor if applicable. The General Contractor and Subcontractors shall be familiar with all Federal,
21 State, and local laws, codes, ordinances, and regulations which in any manner effect those engaged or
22 employed in the Work, material or equipment used in the conduct of the Work.
23
24 .1 Before proceeding with the Work, securing permits or necessary licenses, the General Contractor
25 and Subcontractors shall carefully study and compare the Drawings and Specifications and shall at
26 once report in writing, to the Architect, any error or omission he may discover that is in variance with
27 applicable laws, statutes, building codes, and regulations."
28
29 3.7.2.1 Add the following:
30
31 ".1 The General Contractor and Subcontractors at all times, shall comply with the Florida State Building
32 Code and all Federal, State and local laws, codes, ordinances and regulations as applicable, which
33 in any manner effect the Work, and he and his surety shall indemnify and hold harmless the Owner,
34 and Architect/Engineer against any claim or liability arising from or based on the violation of such
35 law or decree, whether by himself or his employees."
36
37 3.8 ALLOWANCES: Delete entire Sub -Section:
38
39 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES: Delete 3.10.1 and substitute the following:
40
41 "3.10.1 The General Contractor, prior to commencing work (seven (7) days after Notice to Proceed), shall
42 establish a schedule of progress for the Work as a whole, and for the various parts, in the form of a Critical
43 Path Method schedule to be updated with each Application for Payment or as directed by the Owner. The
44 General Contractor shall comply and adhere to such schedule. Failure of the General Contractor to
45 submit the schedule, updates or any required revisions there to within the time limits stated, shall be
46 sufficient cause for certification that the work is not proceeding in accordance with contract requirements.
47 The parts of the Work performed by each Subcontractor and the time schedule applicable to each part
48 shall be acknowledged and accepted by each Subcontractor before submission of the schedule."
49
50 3.11 DOCUMENTS AND SAMPLES AT THE SITE: Add the following to 3.11.1:
51
52 3.11.1 "At the completion of the Work, each Subcontractor shall submit "Record Drawings" to the General
53 Contractor who, in turn, will forward said Drawings to the Architect with a copy to the Owner.'
54
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 6 of 17
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"3.11.1.1 Pipelines and ducts which are installed in furred spaces, pipe chases, or other spaces which
can be readily inspected by the use of access panels or other means of access will not be
considered as being concealed. With reference to electrical and mechanical work the exact
(not diagrammatic) conduit, pipe, and duct runs shall be shown on these drawings."
"3.11.1.2 Upon completion of the work this data shall be recorded to scale, by a competent draftsman
on digital electronic format (AutoCad 2000) of the contract drawings. The same format digital
files and two sets of prints will be furnished by the General Contractor and cost shall be borne
by the General Contractor. Where changes and actual locations are to be recorded, the
v digital prints shall be modified before the changes are made. Where the work was. installed
exactly as shown on the contract drawings the contract drawings shall not be disturbed other
than being marked "As -Built". In showing the changes the same legend shall be used to
identify piping, etc., as was used on the contract drawings. A separate set of drawing files
shall be prepared for electrical, plumbing, heating, air conditioning, and ventilating work
unless two (2) or more divisions are shown on the same sheets of the contract drawings,
in which case the various subcontractors shall also show their changes on the same sheets.
Each sheet shall bear the date and name of the subcontractor submitting the drawings."
"3.11.1.3 The General Contractor shall review the complete as -built drawings. He shall ascertain and
certify that all data furnished on the drawings are accurate and truly represent the work as
actually installed. When manholes, boxes, underground conduits, plumbing, hot or chilled
water lines, inverts, etc. are involved as part of the work, the General Contractor shall furnish
true elevations and locations, all properly referenced by using the original bench mark for the
project. The digital drawing files and prints including those unchanged and changes shall be
submitted to the Architect when completed, together with the General Contractor's
certification for forwarding to the Owner, at the time of Substantial Completion. Final
payment shall not be made until said as -built documents have been received by the
Architect, reviewed and accepted as complete and in accordance with the contract
documents."
"3.11.1.4 The General Contractor shall be responsible for collecting, identifying, indexing and collating
the following materials from the trade contractors, and will deliver three (3) copies of the .
finished documents to the Architect. Complete equipment diagrams, operating instructions,
maintenance manuals, parts lists, wiring diagrams, pneumatic and/or electrical control
diagrams, test and balance reports, inspection reports, guarantee and warranties, as
applicable for each and every piece of Fixed Equipment furnished under this contract to be
- supplied in a three ring binder, hard -cover book, properly indexed -for ready reference. Also,
specific information regarding manufacturer's name and address, nearest distributor and
service representative's name and address, office and home phone numbers, make and
model numbers, operating design and characteristics, etc. will be required and bound in at
the front. All information submitted shall be updated to reflect existing conditions. Final
payment shall not be made until said documents have been received by the
Arch itect/Engineer, reviewed and accepted as complete and in accordance with the contract
documents."
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES: Add the following Subparagraph:
"3.12.12 The requirements of Article 3.12 are supplemented by a separate Section, Submittals in Division One,
Section 01300."
3.14 CUTTING AND PATCHING OF WORK: Add the following Subparagraphs:
"3.14.3 The- General Contractor shall do all cutting required for installation of his work. Patching required
because of such cutting shall be performed as follows:
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Page 7 of 17
1 .1 Wherever cutting occurs within unexposed materials, or in materials which are to remain
2 unfinished when completed, patching shall be performed by the Subcontractor who did the cutting.
3 This includes all concrete and masonry other than listed below.
4
5 .2 Wherever cutting occurs in finished surfaces, patching shall be performed by the Subcontractor
6 Specializing in that particular trade, and paid for by the Subcontractor who did the cutting. This
7 includes, but is not limited to, roofing, painting of plaster and finished surfaces, ceramic tile,
8 structural facing tile, marble, concrete block in finished areas, metal lath and plaster, acoustical
9 materials and their supports."
10 .Y.t
11 3.18 INDEMNIFICATION: Add the following:
12
13 "3.18.4 This Hold Harmless Agreement shall be specifically covered by contractual Liability Insurance
14 incorporated in the Roofing Contractor's Comprehensive General Liability and Property Damage Insurance
15 Policy shall be so stated in the Insurance Certificate provided by the General Contractor. The limits
16 required for this coverage shall be same as for General Liability and Property Damage Coverage
17 specified.
18
19 In consideration of ten dollars ($10) and other good and valuable considerations, exchanged each with
20 the other and acknowledge by the signing of the Agreement for the construction of this Project, both the
21 Owner and the Contractor have agreed to the terms of Indemnification set forth here in Article 3.18."
22
23
24 ARTICLE 4:
25
26 ADMINISTRATION OF THE CONTRACT:
27
28 4.1 DEFINITION: Delete Subparagraph 4.1.4 in its entirety and substitute the following:
29
30 "4.1.4 Disputes arising under Subparagraph 4.1.2 and 4.1.3 shall be subject to litigation."
31
32 4.3 CLAIMS AND DISPUTES: Delete Subparagraph 4.3.2 in its entirety and substitute the following:
33
34 "4.3.2 Any claim, dispute or other matter in question between the General Contractor and the Owner, shall be
35 referred to the Architect, except those relating to artistic effect, and except those which have been waived
36 by the making or acceptance of final payment, shall be subject to litigation at instance of the aggrieved
37 party. However, no litigation of any such claim, dispute or other matter may be commenced until the
38 earlier of (1); the date on which the Architect had rendered a written decision, or (2); the tenth (10) day
39 after the parties have presented their evidence to the Architect, or have been given a reasonable
40 opportunity to do so, if the Architect has not rendered his written decision by that date.
41
42 When such a written decision of the Architect states (1); that the decision is final, but subject to appeal,
43 and (2); that any litigation of a, dispute or other matter covered by such decisions must _be made within
44 thirty (30) days after the date on which the party making the demand received the be
decision.
45. Failure to commence litigation within said thirty (30) day period will result in the Architect's decision
46 becoming final and binding upon the Owner and the Contractor."
47
48 4.5 DISPUTE RESOLUTION: Delete Article 4.5 in its entirety and substitute the following:
49
50 "4.5.1 All claims, disputes, and other matters in question between the General Contractor and the Owner,
51 arising out of or relating to the Contract Documents or the breach thereof, except as provided in
52 Subparagraph 4.2.13 with respect to the Architect's decisions on matters relating to artistic effect, and
53 except for claims which have been waived by the making of acceptance of final payment as provided by
54 Subparagraphs'9.10.3 through 9.10.4, inclusive, shall be decided by litigation, rather than arbitration.
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 8 of 17
1 Each party shall bear its own cost and legal fees, including taxable costs, without regard to which party
2 prevails. The venue for all actions shall be the County in which the Project is located."
3
4 "4.5.2 Unless otherwise agreed in writing, the General Contractor shall carry on the Work and maintain its
5 progress during the litigation proceeding, and the Owner shall continue to make payment to the General
6 Contractor in accordance with the Contract Documents."
7
8 "4.5.3 All references in the General Conditions and/or Contract Documents to arbitration are hereby stricken."
9
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11 ARTICLE 5:
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13 SUBCONTRACTORS:
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15 5.1 DEFINITION: Add the following:
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17 "5.1.3 Material Supplier is a person or organization who has furnished materials to the General Contractor,
18 Subcontractor, Sub -subcontractor or Owner to be used in the construction of the Work, a building or
19 structure, but has not performed any on or off site work other than delivering construction materials, and
20 shall not have or created any contractual relation between the Owner or the Architect/Engineer."
21
22 "5.1.4 All Subcontractors Sub -Subcontractors and Material Suppliers shall be responsible for reading studying,
23 and understanding the Drawings and Specifications as well as the limitations of the Construction
24 Documents."
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26 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK: Add the following
27 Subparagraphs:
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29 "5.2.1.1 This requirement is an addition to the requirements for names of specific Subcontractors and major
30 material suppliers. This list shall be submitted by the General Contractor within five (5) days after the
31 bid opening and prior to the first application for payment."
32
33 "5.2.1.2 The General Contractor agrees to sign contracts with the firms listed in the "List of Proposed Sub-
34 Bidders" and "Material Suppliers" as soon as the Agreement between the Owner and General Contractor
35 has been executed. Once the General Contractor has submitted the name of Subcontractors, he waives
36 any future objection to contracting with these named Subcontractors. The General Contractor will be
37 allowed to request a change of those previously mentioned if sufficient evidence is presented in that the
38 success of the project would be in jeopardy and that those are not qualified or able to perform as
39 required. This request for change by the General Contractor must be mutually accepted by the Owner
40 and Architect, and that no additional compensation will be allowed if a change is approved."
41
42 "5.2.4.1 If any Subcontractor, or Material Supplier is found by the Architect or Owner to be incompetent, careless,
43 or neglectful, or unduly delays progress of work, he shall be dismissed and the General Contractor shall
44 then employ in his place, another party approved by the Architect and the Owner."
45
46
47 ARTICLE 6:
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49 WORK BY OWNER OR BY SEPARATE CONTRACTORS:
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51 6.4 INSTALLATION OF EQUIPMENT: Add the following paragraph:
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53 "6.4.1 The General Contractor shall allow the Owner to take possession of the use of any completed portions
54 of this structure or Work, or to place and install as much equipment and machinery during the progress
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of the Work, as is possible without interference before its entire completion. Such possession and use
of structure of work or such placing and installation of equipment, or both, shall not in any way evidence
the completion of the Work or any portion of it, or signify the Owner's acceptance of the Work or any
portion of it."
ARTICLE 7:
CHANGES IN THE WORK:
7.1 CHANGE ORDERS:
7.1.1 Delete paragraph entirely and substitute the following:
7.1.1 The Owner, without invalidating the Contract, may order changes in the Work within the
general scope of the contract consisting of additions, deletions or other revisions, with the
Contract Sum and the Contract Time (only where Critical Path is impeded by the Owner)
being adjusted accordingly. All such changes in the Work shall be authorized by Change
Order, and shall be performed under the applicable conditions of the Contract Documents."
7 3 CONSTRUCTIVE CHANGE DIRECTIVES:
7.3.3 Delete Subparagraph 7.3.3 and substitute the following:
"7.3.3 The cost or credit to the Owner resulting from a change in the Work shall be determined as
follows and as specified In Section 00820, Special Conditions:
1. By Unit Prices stated in the Contract Documents or subsequently agreed upon; or for
changes not covered by Unit Prices;
2. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation; or if no agreement can be reached,
3. By the method provided in Subparagraph 7.1.4.
The lump sum proposals shall be based upon:
1. Estimate of Labor.
2. Estimate of Materials.
3. Estimate of Applicable Taxes.
4. Estimate of Equipment Rentals.
5. Estimate of Subcontractor Costs.
6. Estimate of General Contractor Costs.
7. Estimate of Field Supervision (directly attributed to change) shall be included in labor
breakdown.
8. Cost of Bond Premium.
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9. General Contractor and Subcontractor overhead and profit applied to the above items,
shall be seven and one-half (7'/%) percent for both the General Contractor and
Subcontractor. The total combined amount of overhead and profit for both the General
Contractor and Subcontractor involving minor changes in the work shall not exceed fifteen
percent (156/6) but that the Subcontractors amount shall not be less than seven and one-
half percent (7'/z%). Major increase or decrease changes in the scope of the work shall
allow a total amount of overhead and profit for both the General Contractor and
Subcontractor combined not exceeding fifteen percent (15%) so that General Contractor
and Subcontractor amounts are seven and one-half percent (7'/%) each. All lump sum
proposals shall include a detailed cost breakdown for each component of work indicating
both quantities and unit prices and shall be submitted to the Architect within seven (7)
calendar days after receipt of the proposal request."
73.6 Delete all references to Sub -Subparagraph 7.3.6.1 and 7.3.6.2 and Add the following to Subparagraph
7.3.6:
ARTICLE 8:
TIME:
"All labor, material, and equipment expenditures for work performed at actual cost shall be approved daily
by the General Contractor and the Owner. Material invoices shall be presented to the General Contractor,
the Owner and Architect with all payment requests. No percentage of overhead and profit will be allowed
on items of social security, old age, fringe benefits, and unemployment insurance."
8.2.4 Add the following:
"The work to be performed under the Contract shall commence no later than seven (7) consecutive days
from the Notice to Proceed, which will be November 4, 2002, issued by the Architect and substantially
completed within ONE HUNDRED NINETY SIX (196) consecutive calendar days, which will be May 19,
2003. The contractor will be allowed to stock the Project with materials only after coordinating delivery
schedules with Florida Architects, Inc. and Administrators for the Agricultural & Labor Program, Inc.
8.3 DELAYS AND EXTENSIONS OF TIME: Delete 8.3.1, 8.3.2 and 8.3.3 and substitute the following:
118.31 If the General Contractor is delayed at any time in the progress of the Work by any act or neglect of the
Owner or the Architect, or by any employee of either, or by any separate Contractor employed by the
Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation,
adverse weather conditions not reasonably anticipate -able, unavoidable casualties, or any causes beyond
the General Contractor's control, including, without limitation, shortages of materials and delays caused
by governmental regulations, but only those delays which impede the critical path and are authorized by
the Owner, or by delay authorized by the Owner pending litigation or by any other causes which the
Architect determines may justify the delay, then the Contract Time shall be extended by Change Order
for such reasonable time as the Architect may determine. Labor disputes occurring on the construction
site will not be sufficient grounds for time extensions. Adverse weather delays shall be time above the
latest five-year average for rain days according to the local office of the National Weather Service."
118.3.2 The General Contractor expressly agrees that an extension of time shall constitute the General
Contractor's sole and exclusive remedy should the General Contractor be delayed, interfered with,
disrupted, or hindered in his work. In which case the Owner shall owe the General Contractor only an
extension of time for completion equal to the delay caused, and then only if written notice of delay is made
to the Owner, through the Architect, within forty- eight (48) hours from the time of the beginning of the
delay, interference, disruption, or hindrance. Claims for weather (rain) delays shall be addressed on a
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monthly basis. The General Contractor's notice of delay must be by certified mail to the Owner in care of
the Architect, and must contain evidence establishing the delay. The Owner's findings shall be final and
conclusive as to the General Contractor's entitlement for time extension."
ARTICLE 9:
PAYMENT AND COMPLETION:
9.2 SCHEDULE OF VALUES: Delete 9;.2.1 and substitute the following:
"9.2.1 Before the first Application for Payment, the Subcontractors shall submit to the General Contractor and
the Architect, a "Schedule of Values" for the various portions of work as indexed per Sections of the
Specification, with Section number and Section title, including quantities as required by the General
Contractor and the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to
Subcontractors in accordance with Paragraph 9.5, prepared in such form as specified, or as the Architect
and the General Contractor may agree upon, and supported by such data to substantiate its correctness
as the General Contractor and Architect may require. Each item in the Schedule of Values shall include
its proper share of overhead and profit. This schedule, when approved, shall be used as a basis for the
Contractor's Application for Payment."
9.3 APPLICATIONS FOR PAYMENT: Delete Subparagraph 9.3.1 and substitute the following:
"9.3.1 On or before the tenth (10th) day of each month, the Contractor shall submit to the Architect, an itemized
partial payment request supported by such data substantiating the Contractor's right to payment to the
Owner, and the Architect, for work completed during the current calendar month Partial payment requests
shall be based upon one hundred percent (100%) of the value of the work installed, and the actual invoice
amount of materials (fabricated) and equipment suitably stored and protected at the site.' The first
payment will be made to the General Contractor without lien of waivers.
Subsequent partial payment requests shall be accompanied by lien waivers from the General Contractor
and his Subcontractors and Suppliers for the principal portions of the Work, amounting to one hundred
percent (100%) of the partial payment that was paid to the General Contractor for the previous calendar
month. All lien waivers shall be submitted on the form bound herein and must be shown the amount paid.
General Contractor payment requests submitted after the 25th day of the month will not be processed
until the following month.
Applications for Payment shall be made on six copies of notarized A.I.A. Documents G702 and
G703, May 1983 Edition, available from the American Institute of Architects, 1735 New York
Avenue, N W , Washington, D C 20006. Stored material shall be reported on the "Stored Materials
for Pay Request" form incorporated herein. Include partial Lien Waivers and copies of backup
information such as billing/delivery tickets, etc.
.2 The Architect will Certify to the Owner that payment in the sum of 90% of the value of work
accomplished and materials stored on site is due the General Contractor according to his best
judgement of correct amounts. Ten percent (10%) of the value of each monthly request will be
retained.
3 When fifty percent (50%) of the value of the work for a given Work Category has been completed, no
further retainage may be withheld from payments for work installed and material (fabricated)
and equipment suitably stored on site, provided that the General Contractor has met and continues
to meet his schedule commitments. If said General Contractor subsequently fails to meet schedule
commitments, the ten percent (10%) retainage will be reinstated. The implementation of this
reduction in retainage is not automatic and is at the sole discretion of the Owner.
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS Page 12 of 17
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4 Upon determination by the Architect that satisfactory progress has been made, payment authorized
at the time of Substantial Completion may include the total retainage in the Contract, except that
an amount equal to twice the cost estimated by the Architect to complete or correct items on a
tentative punch list of uncompleted items will be retained until final completion. The implementation
of this reduction in retainage is not automatic and is at the sole discretion of the Owner."
9.3.3 Supplement as follows:
"This provision shall not be construed as relieving the General Contractor from the sole responsibility for
�. the care and protection of materials and work upon which payments have been made, or the restoration
of any damaged work or materials, or as a waiver of the right of the Owner to require the fulfillment of all
terms of the Contract."
9.5 DECISION TO WITHHOLD CERTIFICATION: Add the following:
"9.5.3 The Architect may withhold or cause to be withheld, from any monies payable on account for work
performed by the General Contractor or Subcontractor, such sums as may administratively be determined
to be necessary to satisfy any liabilities of such General Contractor or Subcontractors for damages."
9.6 PROGRESS PAYMENTS: Delete Subparagraph 9.8.1 and substitute the following Subparagraph:
"9.6.1 The following progress payment schedule will be in effect:
1. On or before the 10th of the Month - The General Contractor will submit Application for Payment to
the Architect.
2. On or before the 15th of the Month - Architect will issue Certificate of Payment to Owner.
3. Within and up to 30 days after the signed and accepted application of payment form the architect,
the owner will mail a check for the approved amount to the General Contractor.
4. This basic schedule will be revised based on the owner's schedule of processing bimonthly
payments.'
9.7 FAILURE OF PAYMENT: In the first sentence of Subparagraph 9.7.1, Delete the words "or awarded by arbitration",
9.10 FINAL COMPLETION AND FINAL PAYMENT: Add the following sentence to Subparagraph 9.10.2:
"Final payment consisting of the entire unpaid balance of the Contract Amount will be paid by the Architect to the
General Contractor immediately after receipt of the Final Certificate for Payment from the Architect, and the Final
Lien Waiver from the General Contractor. The final Lien Waiver shall be submitted by the General Contractor on
the form bound herein. Include with the Final Lien Waiver, a copy of the receipt of Final Consent of the
Contractor's Surety. Final payment to the General Contractor will he made within fourteen (14) days after
documents have been received by the Owner and certified by the General Contractor and Architect. Final payment
will not be made until all close-out documents have been submitted in accordance with Section 00820, Article 26,
and approved."
ARTICLE 10:
PROTECTION OF PERSONS AND PROPERTY:
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS
Page 13 of 17
10.2 SAFETY OF PERSONS AND PROPERTY: Add the following subparagraphs:
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"10.2.2.1 This requirement shall include, but not necessarily be limited to, all health, safety, and fire protection
regulations of the Florida Industrial Commission and the Department of Labor Safety and Health
Regulations and construction promulgated under the Occupational Safety and Health Act of 1970
(P191-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P191-54).
These regulations are administered by the Department of Labor who shall have full access to the
Project for inspection, etc. Compliance with the above is strictly and exclusively the responsibility
of the Contractor and shall in no event be considered reason for additional time or monetary
compensation. In the event that a hurricane or storm., -emergency is imminent, the Contractor shall,
at his own expense and without cost to the Owner, take all necessary measures to secure all his
movable property, building work or plant in such a manner that no damage to public or private
property or to persons may result by reason of displacement of the Contractor's material, equipment
or plant during such hurricane or storm."
"10.2.8 The Contractor shall adequately protect preceding and existing Work from damage caused by his
operations. Breakage or damage shall be repaired by the erector of the Work at cost to the party'causing
the damage. The Architect shall be the sole judge determining the party causing the damage."
ARTICLE 11:
INSURANCE:
11.1 CONTRACTOR'S LIABILITY INSURANCE:
11.1.1 In the first line following the word "maintain", insert the words "with a company or companies licensed to
do business in the State of Florida and satisfactory to the Owner".
11.1.2 Add the following:
".1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following, or
greater if required by law.
1. Worker's Compensation:
a. State: Statutory
b. Employers Liability (Underlying)
$1,000,000.00 - Each Occurrence
c. Umbrella Limit
$1,000,000.00
2. Comprehensive General Liability (including Premises -Operations: Independent Contractor's
Protective; Products and Completed Operations Broad Form of Comprehensive General Liability):
a. Bodily Injury: (Underlying)
$1,000,000.00 - Each Occurrence.
$1,000,000.00 - Annual Aggregate.
b. Property Damage: Underlying
$500,000.00 - Each Occurrence.
$1,000,000.00 - Annual Aggregate.
9/24/02 SECTION 00800 - SUPPLEMENTARY CONDITIONS
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c. Umbrella Limit:
$1,000,000.00
d. Products and Completed Operations shall be maintained for one (1) year after final payment.
e. Property Damage Liability Insurance shall provide X, C and/or U Coverage.
3. Contractual Liability:
a. Bodily Injury:
$1,000,000.00 - Each Occurrence.
b. Property Damage:
$1,000,000.00 - Each Occurrence.
c. Personal Injury with Employment Inclusion
Deleted: Same as stated above.
4. Comprehensive Catastrophic Liability:
a. Excess Liability: (Commercial Umbrella)
$1,000,00.00 - Combined Single Limit.
5. Comprehensive Automobile Liability:
a. Bodily Injury: (Underlying)
$ 500,000.00 - Each Person.
$1,000,00.00 - Each Occurrence.
b. Property Damage: (Underlying)
$500,000.00
c. Umbrella Limit:
$1,000,000.00
.2 The insurance required by Subparagraph 11.1 shall name the Owner and Architect as additional
named insured."
11.3 PROPERTY INSURANCE:
11.3.1 Delete Subparagraph 11.3.1 and substitute the following Subparagraph:
"11.3.1 Until the work is completed and accepted by the Owner, the General Contractor will purchase
and maintain Property Insurance upon the entire Work at the site in full insurable value thereof.
This insurance shall include the interest in the Work of the Owner, the General Contractor,
Subcontractors, and Sub -Subcontractors, and shall insure against the perils of Fire and
Extended Coverage and shall include "All Risk" insurance for physical loss or damage including,
without duplication, theft, vandalism, malicious mischief, collapse, and water damage. Each
Contractor shall purchase and maintain similar Property Insurance on portions of the Work
stored off site or in transit when such portions of Work are approved to be included in an
Application for Payment. The deductible of $1,000 per event included in the Property Insurance
shall be the responsibility of the Contractor."
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1 11.3.8 Delete Subparagraph 11.3.8 and substitute the following:
2
3 "11.3.8 The Owner, as trustee, shall have power to adjust and settle any loss with the insurers, unless
4 one (1) of the parties in interest shall object in writing five (5) days after the occurrence of loss,
5 to the Owner's exercise of this power."
6
7 11.3.9 In the second sentence of Subparagraph 11.3.9, delete the words "in accordance with the award by
8 arbitration in which case the procedure shall be as provided in Paragraph 4.5".
9
10 c£
11 ARTICLE 13:
12
13 MISCELLANEOUS PROVISIONS:
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15 13.1 GOVERNING LAW: Add the following:
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17 "13.1.2 The General Contractor and each Subcontractor shall comply with all applicable provisions of the Florida
18 Building Code 2001, federal, state, and local law. All limits or standards set forth in this contract to be
19 observed in the performance of the project are minimum requirements, and shall not affect the application
20 of more restrictive standards to the performance of the project."
21
22 13.6 INTEREST: Delete 13.6.1 and substitute the following:
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24 "13.6.1 Payments due and unpaid under the Contract Documents shall not bear interest."
25
26 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD: Add the following:
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28 "13.7.1 As between the Owner and General Contractor:
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30 Chapter 95, Florida Statutes, shall govern limitations of actions under or resulting from this agreement."
31
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33 ARTICLE 14:
34
35 TERMINATION OR SUSPENSION OF THE CONTRACT:
36
37 14.1 TERMINATION BY THE General Contractor: Delete 14.1.2 and Substitute the Following:
38
39 "14.1.2 If one of the above reasons exists, and the Owner shall not remedy the same within thirty (30) days after
40 written notice from the General Contractor, the General Contractor may, upon seven (7) additional days
41 written notice to the Owner, and the Architect, terminate the Contract and recover from the Owner
42 payment, for work executed and for proven loss with respect to materials, equipment, tools and
43 construction equipment and machinery, including reasonable overhead, profit and damages as permitted
44 by the contract documents."
45
46 ADD the following Article:
47
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15.1.1 Neither the General Contractor nor any Subcontractors shall discriminate against any employee or
applicant for employment because of race, religion, color, sex, national origin, or age. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants of employment, notices setting forth the policies of non-discrimination.
15.1.2 The General Contractor and all Subcontractors shall, in all solicitations advertisements for employees
placed by them or on their behalf, state that all qualified applicants will receive consideration for
employment without regard to race. religion, color, sex, stational, origin, or age."
END OF SECTION
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SECTION 00820 - SPECIAL CONDITIONS
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TABLE OF CONTENTS:
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ARTICLE 1:
Permits and Fees
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ARTICLE 2:
Project Sign age
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ARTICLE 3:
Layout of Work
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ARTICLE 4:
Temporary Fencing and Security
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ARTICLE 5:
Material Storage
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ARTICLE 6:
Temporary Toilet Facilities
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ARTICLE 7:
Temporary Water
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ARTICLE 8:
Scaffolding and Hoisting
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ARTICLE 9:
Fire Precautions and Protection
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ARTICLE 10:
Use of Premises, Barricades and Protection
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ARTICLE 11:
Temporary Field Office, Facilities and Parking
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ARTICLE 12:
Temporary Ramps and Runways
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ARTICLE 13:
Temporary Electrical Power and Light
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ARTICLE 14:
Contractor's Construction Schedule
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ARTICLE 15:
Contractor's Daily Log
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ARTICLE 16:
Cooperation - Disputes
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ARTICLE 17:
Safety
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ARTICLE 18:
Cleanup
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ARTICLE 19:
Quality Control
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ARTICLE 20:
Commencement and Completion
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ARTICLE 21:
Changes to the Work
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ARTICLE 22:
Priority
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ARTICLE 23:
Cooperation with Public Service Companies
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ARTICLE 24:
Substitution of Materials and Equipment
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ARTICLE 25:
Fastening Devices
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Fort Pierce, Florida FLA Project No. 4050
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ARTICLE 26:
Project Close -Out
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ARTICLE 27:
Temporary Heating and Weather Protection
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ARTICLE 28:
Temporary Ventilation System
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Attachment:
Certificate of Substantial Completion Form
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Attachment:
Certificate of Contract Completion Form
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Attachment:
Warranty -Guarantee Form
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Attachment:
Partial Unconditional Waiver of Lien Form
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Attachment:
Contractor Affidavit Form
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Attachment:
Subcontractor Affidavit Form
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END OF TABLE OF CONTENTS
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1 SECTION 00820 - SPECIAL CONDITIONS
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4 PART I - GENERAL REQUIREMENTS:
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6 These Special Conditions are hereby made a part of every Section of these Specifications and shall be binding upon the
7 General Contractor, Subcontractor, and Material Supplier.
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ARTICLE 1: PERMITS AND FEES:
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A.
Building Permit: A local building permit will be required for this project. The General Contractor and
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each Subcontractor shall cooperate with the Owner in obtaining required approvals and inspections.
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B.
The General Contractor and all Subcontractors will be subject to all applicable County and local
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Municipal Occupational License Fees and Taxes, if applicable.
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ARTICLE 2: PROJECT SIGNAGE:
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A.
The General Contractor may provide a project sign as designed or approved by the Architect. No other
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signs or advertising shall be displayed on the premises without the approval of the Architect. This
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does not exclude the posting of required trade notices and cautionary sign age by the General
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Contractor and Subcontractors.
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ARTICLE 3: LAYOUT OF WORK:
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A
The General Contractor will accurately establish all principal lines, grades, levels, building base lines,
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and control points. Each Subcontractor shall lay out his own work to dimension from principal lines
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and be responsible for layout of his Subcontractors' work. Each Subcontractor shall make provision
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to preserve control points, monuments, stakes, bench marks, or other datum points, and if any of
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these should be lost or displaced through neglect of the General Contractor or Subcontractor, they
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shall be replaced at his cost.
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B.
The General Contractor shall be responsible for the correct location, dimensions, and elevations of his
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work. As the Work progresses, the General Contractor shall lay out the exact locations of Work under
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his Contract, as a guide to all trades. Prior to any installation, HVAC, plumbing, and electrical
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contractors shall exchange layout drawings and coordinate the Work through the General Contractor.
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C.
The General Contractor shall be responsible to take such field measurements as may be required to
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determine the size of ordered materials. In the event "Guaranteed Dimensions" are required, the
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General Contractor shall "advise other contractors by use of drawings, templates, or mock-ups of the
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required conditions.
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D.
All work shall be neatly and carefully laid out to provide the most useful space utilization and the most
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orderly appearance. The General Contractor shall carefully plan the layout and review any questionable
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installations with the Architect.
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Fort Pierce, Florida FLA Project No. 4050
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ARTICLE 4 TEMPORARY FENCING AND SECURITY:
A. A temporary fencing enclosure will not be required for this project.
B . The services of a watchman will not be provided by either the Owner or the Architect. Each Contractor
shall be responsible for, and make good, any loss due to theft or vandalism during construction.
C. General Contractor shall, advise the Architect of any theft or damage which might delay the execution
of the Work.
ARTICLE 5: MATERIAL STORAGE:
A. Each Subcontractor shall provide sufficient protection for his materials and equipment from damages
by weather or construction work. Location shall be coordinated and approved by the Owner and the
Architect. During progress of work and upon completion of the work, remove all debris in a timely
manner and leave the arena in a clean and orderly condition.
ARTICLE 6: TEMPORARY TOILET FACILITIES:
A. The General Contractor will obtain and maintain sanitary temporary toilet facilities acceptable to the
local Health Department for use by all crew and workman. These units will be cleaned on a regularly
basis to prevent excessive odors.
B. The General Contractor nor the Subcontractors will not have access to existing toilet facilities within
this facility or the adjacent buildings for the use of his crew and workmen.
ARTICLE 7: TEMPORARY WATER:
A. The General Contractor and Subcontractors may use potable water existing at the site. Any excessive
use of, or negligent waste of potable water shall be discouraged and may be subject to costs to the
Subcontractor causing the waste if such conditions are found to exist and are not promptly remedied.
B. The General Contractor and Subcontractors shall prevent the waste of water and shall maintain valves,
connections, and hoses in perfect condition at all times.
ARTICLE 8: SCAFFOLDING AND HOISTING:
A. Each Subcontractor shall be responsible to provide and maintain his own scaffolding and hoisting as
required by his work.
ARTICLE 9: FIRE PRECAUTIONS AND PROTECTION:
A. The General Contractor and Subcontractors shall take all necessary precaution to guard against, and
eliminate, all possible fire hazards and to prevent damage to any construction work, building materials,
equipment, temporary field offices, storage sheds, and all other property, both public and private.
The location of the nearest communications, public fire alarm box and the number of the local fire
department shall he conspicuously posted by the General Contractor throughout the field offices and
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Fort Pierce, Florida FLA Project No. 4050
in the building structure adjacent to his work. The General Contractor shall assume full responsibility
for damage caused by fire to construction, building materials, equipment, and all property, both public
and private. Take precautions to preventfire hazards in accordance will all fire protection and prevention
laws and codes.
B. Each Contractor's and Subcontractor's superintendent in charge of the protect, shall review the entire
project at least once a week to make certain that they adhere to the conditions and requirements set
forth herein.`
C. Contractors shall not be allowed to start fires with gasoline, kerosene, or other highly flammable
materials. No open fires will be permitted.
13 D. Welding, flame cutting, or other operations involving the use of flames, arcs, or sparking devices will
14 not be allowed without adequate protection and shielding, particularly at the point of operation. All
15 combustible and flammable materials shall be removed from the immediate working area. If removal
16 is impossible, all flammable or combustible materials shall be protected with a fire blanket or suitable
17 non-combustible shield to prevent sparks, flames, or hot metal from reaching the flammable or
18 combustible materials. The General Contractor shall provide the necessary personnel and fire fighting
19 equipment to effectively control incipient fires resulting from welding, flame cutting, or other operations
20 involving the use of flame, arcs, or sparking devices.
22 E. Flammable Materials: Not more than a one -day Supply of flammable liquids such as oil, gasoline,
23 paint, or paint solvent shall be brought in the building at any one time. All flammable liquids having a
24 flash point of 110 F or below, which must be brought into the building, shall be confined to the
25 Underwriter's Laboratories labeled safety cans or cabinets. The bulk supply of all flammable liquids
26 shall be detached at least 75 feet from yard storage of building materials. Spigots on drums containing
27 flammable liquids are prohibited on the project site. Drums are to be equipped with approved vent
28 pumps.
F. Combustible materials shall not be stored or left overnight within the confines of the building. This
includes all internal combustion engines using gas or fuel oil.
G. Only fire resistant tarpaulins shall be used on this project.
H. Permanent fire protection water supply, fire extinguishing equipment, and fire protection systems, shall
be installed at the earliest possible date as applicable. As each sprinkler system is completed and
placed in service, the control valve shall be sealed. Permission to break seals and close sprinkler
valves shall be given only by the Architect with approval of the Owner.
40 I. . Fire Extinguishers: The General Contractor shall provide and maintain in working order at all times
41 during the construction, an adequate number of fire extinguishers conveniently located for proper
42 protection in each building.
J. Fire extinguishers shall be either a 5 -gallon capacity type ABC gas cartridge expelled unit, or a 5
gallon capacity pump type protected from freezing by use of calcium chloride, all to meet the approval
of the Fire Underwriter's Laboratory, and shall be inspected at regular intervals and recharged if
necessary.
K. In areas of flammable liquids, asphalt, or electrical hazards, extinguishers of the 15 lb. carbon dioxide
type or 20 lb. dry chemical type shall be provided by the Contractor creating such hazards.
L. The General Contractor and Subcontractors agree that, in the event of fire, all of his workmen anywhere
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Fort Pierce, Florida FLA Project No. 4050
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on the site will assist in extinguishing the fire.
M. Contractor's Shanties, Sheds, and Equipment: General Contractor and Subcontractors shanties and
combustible construction shall not be placed inside of any structure. Such shanties shall be detached
at least seventy-five (75) feet from the building or as directed by the General Contractor with approval
of the Owner.
N. Use of only Underwriter's Laboratory approved heaters and/or staves is permitted in the field offices or
storage sheds and they shall have fire resistive material underneath and at the sides near partitions
and walls. Pipe sleeves and covering shall be used where stove pipe runs through wall or roof.
O. Flammable portions of construction shanties shall be painted inside and outside with "ALBI" fire
retardant paint or other fire retardant paint of equal quality as approved by the Roofing Contractor and
Architect.
ARTICLE 10: USE OF PREMISES, BARRICADES AND PROTECTION:
A. Subcontractors shall be subject to such rules and regulations for the conduct of the Work as the
General Contractor, Owner or Architect may establish.
B. Before entering upon the Work, ascertain from the General Contractor, as approved by the Architect,
what entrances, routes, or roadways shall be used for access to the work, and use only the entrance,
routes, and roadways designed for movement of personnel, materials, and vehicles to and from the
work.
C. Each Subcontractor shall provide and maintain in good repair barricades, fences, overhead protection,
guard railings, etc., as required by law or necessary for the protection of the public and personnel
engaged in the Work from hazards incidental to this contract. Do everything necessary to protect
Owner's employees, the public, and workmen from injury or damage to vehicles or other property.
D. Whenever the General Contractor intends to depart from the normal work hours, he shall notify the
Owner and the Architect at least twenty four (24) hours in advance. Failure of the General Contractor
to give such timely notice may be cause for the Owner orArchitect to require the removal or uncovering
of the Work performed during such time without the knowledge of the Owner or Architect.
E. Protect pavement, curbs, and all existing construction and improvements during the course of the Work
and repair all parts of same which become damaged. Each Contractor and Subcontractor shall be
responsible for the necessary cleaning and repairing of adjacent streets and other improvements
resulting from his operations.
F. Each Subcontractor shall be responsible for all damage to the project due to his operations under this
contract. Repair or replacement of damaged items shall be to the satisfaction of the General
Contractor, Owner and Architect.
G. Provide and maintain proper shoring and bracing for existing underground utilities, sewers, and building
foundations, encountered during excavation work to protect them from collapse or movement, or other
type of damage until such time as they are removed or repaired, incorporated into the new work, or can
be properly backfilled upon completion of new.work.
H. Maintain clearances adjacent to and in connection with the work performed.
9/24/02
SECTION 00820 - SPECIAL CONDITIONS
Page 6 of 20
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Fort Pierce, Florida FLA Project No. 4050
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Each Subcontractor shall effectively confine dust, dirt, and noise to the actual construction areas.
J. All employees shall be properly, safely and completely clothed while working. Bare torsos, legs, and
feet will not be allowed.
K. All Subcontractors are required to provide on -site storage facilities in the areas designated by the
General Contractor and approved by the Architect. Each Subcontractor shall assume full responsibility
for the protection and safekeeping of products under his control which are stored on the site.
Subcontractors must move any stored products, under Subcontractor's control, which interfere with
operations of the General Contractor, Owner or separate Contractors as directed by the Architect.
L. Subcontractors must also obtain and pay for use of additional storage or work areas needed for his
operations. The General Contractor shall receive from each Subcontractor and separate Contractor,
a receipt of shipment for all equipment stored on site (or off -site if approved). No materials or
equipment shall be removed from the site without the permission of the General Contractor and the
Architect. No materials may be stored off site unless approved in writing by the Architect and Owner.
M. Each Contractor shall not load or permit any part of a structure to be loaded with a weight that will
endanger its safety, or the safety of persons or other property.
N. All employees of the General Contractor and Subcontractors shall conduct themselves in a proper
manner. Any disruptive behavior by any employee will cause that employee to be barred from the
construction site. The use of AM/FM radios is prohibited.
ARTICLE 11: TEMPORARY FIELD OFFICES FACILITIES AND PARKING:
A. The General Contractor, Owner and the Architect will designate an area for parking for all construction
workers. Placement and schedule shall be coordinated with Owner.
B. The General Contractor or Subcontractors may provide a temporary field office and other temporary
buildings as may be necessary for his operations as approved by the Owner and Architect. Storage
and maintenance facilities shall be as required in accordance with the local Fire Marshall having
jurisdiction. The General Contractor shall arrange, as necessary, for the telephones and temporary
electrical service in his area for their use.
C. The General contractor shall maintain his designated space for office and sheds. This includes removal
of weeds, debris, and trash. Clean and restore space at completion of the work.
D. Temporary field offices and sheds shall not be used for living quarters.
E. Offices and sheds, when provided, shall be of suitable and safe design, maintenance, and appearance.
Temporary -facilities shall be securely anchored to the ground to resist one -hundred -twenty (120) mile
per hour winds.
F. All temporary offices and sheds must be removed within ten (10) days of written notice from the Owner
or the Architect. Structures not removed in a timely manner will be removed by the Owner at the
Contractor's expense.
9/24/02 SECTION 00820 - SPECIAL CONDITIONS Page 7 of 20
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Fort Pierce, Florida FLA Project No. 4050
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ARTICLE 12: TEMPORARY STAIRS, RAMPS. LADDERS AND RUNWAYS:
A. The General Contractor shall provide and maintain all necessary temporary stairs, ladders, ramps, and
runways to facilitate the safe conveyance of men, materials, tools, and equipment for proper execution
of the Work.
ARTICLE 13: _TEMPORARY ELECTRICAL POWER AND LIGHT:
A. POWER SOURCE:
1-t
1. The Owner will not provide nor pay for access to an electrical power source for any Contractor's
use. Access to the existing electrical power source is denied for the duration of the project or until
satisfactory testing of power connections to new electrical panels has been accomplished.
2. The General Contractor shall provide, install, and pay for labor, equipment, and materials required
to make connections to the power source and to distribute the temporary electrical power and light
throughout the system for his use.
B. RULES AND REGULATIONS:
1. All temporary equipment and wiring for power, lighting, and distribution requirements shall be in
accordance with applicable provisions of governing laws, codes. and ordinances.
2. All temporary wiring and distribution equipment shall be maintained so as not to constitute a
hazard to persons or property.
3. Each Contractor and Subcontractor is responsible to provide an Assured Grounding Program in
accordance with OSHA regulations for their electrical power requirements.
ARTICLE 14: CONTRACTOR'S CONSTRUCTION SCHEDULE:
A. After consultation with the various Subcontractors, the General Contractor shall develop a single
network plan which integrates all the activities of the General Contractor, Architect, Subcontractors,
and Suppliers, and which meets the time requirements of the Project Construction Schedule
incorporated in the Bidding Documents.
The sequence of all such work activities shall be determined by the General Contractor. The General
Contractor shall utilize the Critical Path Method (CPM) of scheduling to develop the network topic
diagrams, bar charts, and other schedule supporting data as required and shall present a complete
schedule to the Architect within seven (7) days from the date of the Notice to Proceed.
B. The General. Contractor shall, at the Pre -Construction Conference, assemble and provide all necessary
information and data concerning his activities and the activities of the Subcontractors and Suppliers,
including durations and crew sizes, planned submission dates of required Shop Drawings, and
Samples.
C. A meeting will be conducted at regular intervals by the General Contractor for the purpose of
coordinating and expediting the work. Such meetings will be held. at the job site bringing together
responsible representatives of active General Contractor's and Subcontractor's for the purpose of
planning and assessing progress and discussing problems of mutual concern. Each Subcontractor's
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ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No 4050
representative that is on -site working, must be available to attend these meetings and make
appropriate decisions. Other meetings will be called as necessary by the General Contractor and/or
the Architect.
5 D. Monthly progress meetings shall be held at the job site. The Architect, General Contractor and each
6 Subcontractor shall provide the services of qualified main office personnel at each such meeting. Each
7 Subcontractor shall provide services of qualified field supervisors who shall provide the necessary
8 scheduling information and manpower commitments at each progress meeting until completion of his
9 Contract.
Prior to, and in preparation for, the monthly progress meeting, the General Contractor shall "update"
the CPM Schedule to reflect the current status of the Project. During the presentation and distribution
of the "updated" material at the monthly meeting, the General Contractorwill specifically address those
critical areas of concern (as determined by the Schedule "update") where immediate action by the
Subcontractor(s) is required.
E. The Contractor reserves the right to assist the various Subcontractors in the expediting of their material
and equipment deliveries without assuming the responsibility for said deliveries. Upon request, the
Subcontractors shall furnish copies of their equipment and material purchase orders complete with
scheduled shipping and receiving dates to the Contractor.
F. - Whenever it becomes apparent from the monthly "updated" schedule, that any activity completion date
will not, or may not be met, the responsible Subcontractor(s) shall take some or all of the following
actions at no additional cost to the Owner or Architect:
1. Increase construction manpower in such quantities as will substantially eliminate the backlog of
work and put.the Project on schedule.
29 2. Increase the number of working hours per shift, shifts per working day, working days per week, or
30 the amount of construction equipment, or any combination of the foregoing which will substantially
31 eliminate the backlog of work, and put the Project back on schedule at no additional cost to the
32 General Contractor, Owner or Architect.
3. Re -schedule activities to achieve maximum practical concurrence of accomplishment of activities
and put the Project back on schedule.
37 4. If a Subcontractor fails to take any of the above actions within Forty-eight (48) hours after receiving
38 written notice, the General Contractor will take action to attempt to put the Project back on
- 39 schedule, and will deduct the cost of such action from the money's due or to become due the
40 Subcontractor.
42 G. If a Subcontractor fails to put the Project on schedule, the General Contractor and the Owner will
43 withhold scheduled milestone retainage until the Project is back on schedule. This milestone retainage
44 for each work category will be determined when the detailed schedule of values is prepared by the
45 General Contractor and Sub -Contractor, and issued to the Architect.
47 H. The sequence of construction shall be in accordance with the Project Construction Schedule and as
48 directed by the General Contractor.
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Fort Pierce, Florida FLA Project No. 4050
1 ARTICLE 15: CONTRACTOR'S DAILY LOG:
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A.
The General Contractor and each Subcontractor shall prepare a comprehensive daily log and shall
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maintain it during the entire project period. Present a copy of the log to the Architect and Owner on
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a weekly basis. Take action to specifically alert the A/E to items which could result in claims. Include
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the following data:
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Manpower by trade
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Weather - Including times of rain start and end if applicable
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List of visitors
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Work being performed with location identified
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Situations or circumstances which could delay the work or give cause for claim for extension of
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time or added cost.
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ARTICLE 16: COOPERATION - DISPUTES:
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The completion of the Project within the described time is dependent upon the close and active
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cooperation at all those engaged therein. Therefore, it is expressly understood and agreed that each
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Subcontractor shall layout and install his work at such time, and in such manner as not to delay or
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interfere with the carrying forward of the work of others, and as directed by the General Contractor.
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In the event of any dispute arising as to possible or alleged interference between the various
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Subcontractors, which may retard the progress of the Work, the same shall be adjusted by the General
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Contractor. The General Contractor's decision as to the party or parties at fault and as to the manner
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in which the matter may be adjusted, shall be binding and conclusive on all parties.
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ARTICLE 17: SAFETY:
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The General Contractor and each Subcontractor is responsible for his own safety program in
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accordance with applicable provisions of the Occupational Safety and Health Act.
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The General Contractor and each Subcontractor shall be responsible for payment of all fines and/or
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claims for damages levied against the Owner, or Architect, for deficiencies relating to conduct of the
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Subcontractors work.
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The General Contractor and Subcontractors shall comply with all applicable Local, State, and Federal
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safety and health regulations and with the safety and health policy.
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As a Contractor and employer, you are required by Federal and State Occupational Safety and Health
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Regulations, Standards, Codes, Rules, and Regulations in addition to the Contract, Rules and
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Regulations, to provide protection for the Owner's employees and the public who could come into
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contact with your operations.
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The General Contractor shall be responsible for daily cleanup of his identifiable debris including but not
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limited to, bulky debris, packaging, containers, and unused materials and equipment, and placement
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of the -cleanup debris in a central location to be determined by the General Contractor. The General
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Contractor will remove all debris from the central collection point.
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B. If the General Contractor and/or any Subcontractor fails to maintain a satisfactory weekly cleanup
program as determined by the Architect, the Architect will give 24 hours notice, then perform the
cleanup, and back -charge the responsible Contractor for the costs. The General Contractor and
Subcontractors will/shall maintain a clean and orderly job site and building site.
ARTICLE 19: QUALITY CONTROL:
A. It is the General Contractor and Subcontractor's responsibility to familiarize himself with all required
tolerances and quality assurance clauses, which appear as part of the Contract Documents. It is also
the General Contractor's responsibility to reject or condemn work performed by his forces or the
Subcontractor's forces which does not comply with the requirements set forth in the Contract
Documents, or as required by law, codes, etc.
NOTE: If a conflict appears between the tolerances and qualitv assurance of published industry
standards and the requirements of the Contract Documents, the Contract Document requirements will
govern.
B. The Owner and Architect will conduct periodic observations of the Work as it progresses. Should
either the Owner or the Architect reject any portion of the Work, he will promptly notify the General
Contractorwith a Notice of Non-Conformance/Rejected Work. The General Contractorwill immediately
provide the responsible Subcontractor with a Notice of Non-Conformance/Rejected Work and upon
receipt of such notification shall within 48 hours inform the Owner and Architect of his intended plan
of action. -
Should the General Contractor or Subcontractor fail to respond within the allotted time he will be sent
second notification allowing him an additional 24 hours to respond. Should the General Contractor or
Subcontractor fail to respond to the second notice, the Owner and Architect may initiate the required
steps to terminate the Contractor's Construction Contract.
C. - The General Contractor and Subcontractors should be aware that no monies will be awarded against
defective work until such work is completed in a manner satisfactory to the Owner and Architect. In
addition, the Architect, depending on the extent of the rejected work, may decide to withhold additional
monies to compensate for the projected cost of repairs:
ARTICLE 20: COMMENCEMENT AND COMPLETION:
(See Article 8, A.I.A. A201)
A. Permitting the Work, or part of it, to continue after the time for its required completion, or after the date
to which the time for completion may have been extended, shall in no way operate as a waiver on the
part of the Owner or any of his rights under the Contract.
ARTICLE 21: CHANGES TO THE WORK:
(See Article 7, Section 00800, Supplementary Conditions)
A. During the course of the General Contractor's and Subcontractor's performance of the work necessary
to complete the subject Project, certain events may occur which have the effect of changing the
conditions under which the work is to be performed as specified and described in the Bidding
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ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
Documents and/or the nature and extent of the work as specified and described in the Contract
Documents.
4 The occurrence of such events may cause the General Contractor and Subcontractors to incur greater
5 or less cost and expense to perform the work required to complete the subject Project. The Owner
6 shall respectively be entitled to either an increase or decrease in the Contract Sum, whichever is the.
7 case. The party is entitled to the benefit of any such adjustment to the Contract Sum shall, within
8 twenty one (21) days from the first occurrence of such event(s), present wr'itten request therefore to the
9 other party through the Architect.
11 Should the Owner be unable to settle and dispose of such claim as presented, upon terms and
12 conditions mutually agreeable to the Owner, then such demand shall be referred to the Architect for
13 determination. This determination shall be final and binding upon the General Contractor,
14 Subcontractors and the Owner, unless appealed in accordance with applicable provisions of the
15 Contract Documents. If the Architect, upon considering any such demand, determines that the
16 Contract Sum should be increased or decreased, the Architect's determination of the amount of any
17 such increase or decrease in the Contract Sum shall be governed and controlled by strict adherence
18 to the following described guidelines and limitations and neither the General Contractor,
19 Subcontractor(s) nor the Owner shall be entitled to receive any monetary considerations beyond that
20 which is authorized herein.
B. All increases and decreases to the Contract Sum shall be determined by the measure of all
out-of-pocket costs and expenses actually incurred or spared by the General Contractor or
Subcontractor, or reasonably estimated by the Architect to be incurred or to be spared, whichever is
the case, for the labor costs, the material costs, the equipment costs, and the equipment rental costs,
plus overhead and profit thereon, in performing the Work which is the subject of the request for Contract
Sum adjustment.
1. Labor costs shall be inclusive of all job site supervision, estimation, laying out, mechanic's wages
and laborer's wages, together with all payroll taxes, all payroll assessments, and all insurance
premiums paid with respect to providing such labor, except as noted in Section 00800,
Supplementary General Conditions, Article 7.3.6. .
2. All material costs, equipment costs, and equipment rental costs shall be at the rate of the trade
discount costs therefore, and only applicable to the actual time of use in the performance of the
changes to the work, plus State Sales Tax, where applicable.
38 3. Overhead and profit shall be inclusive of all project management, project administration, project
39 coordination, project scheduling; project engineering, Project drafting, Project estimation, as well
40 as all General Conditions and other administrative support functions and Services, whether
41 performed on the job site or off the job site.
C. In addition to the foregoing, all such increases or decreases to the Contract Sum shall include all
out-of-pocket expenses to the extent incurred or spared, or to be incurred or to be spared, whichever
is the case, in performing the work which is the subject of the request for Contract Sum adjustment
in:
1. Paying the premium required to be paid to obtain the Public Construction Bond called for by the
Contract Documents;
2. Paying the fee(s) required to be paid to obtain licenses or permits called for by the Contract
Documents;
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3. Paying for delivery of materials and/or equipment required to be delivered to the job site;
4. Paying for storage of materials and/or equipment required to be stored before use thereof in
performing the work in which such materials and/or equipment is necessarily used; and
5. Paying for all testing required to be performed under the Contract Documents of the materials
and/or workmanship performed in performing such work.
D. In the event any such request for Contract Sum adjustment is presented by the General Contractor,
such request shall he accompanied by paid receipts or other such written evidence, satisfactory to the
Owner and Architect, itemizing all the costs and expenses incurred (except costs) as a result of the
event(s) which constitute the cause(s) giving rise to any such request.
ARTICLE 22: PRIORITY:
(See Article 1.2.3 Supplementary General Conditions)
A. After award of contracts and prior to start of construction the General Contractor will schedule a
meeting with the Subcontractors responsible for the work items listed above. The purpose of the
meeting will be to introduce the coordination program and to determine its implementation in relation
to the progress schedule. The General Contractor may require the Subcontractors to prepare and
submit coordination drawings.
B. In the event a Subcontractor fails to cooperate in the coordination program, he will be held responsible
for all costs incurred for adjustments to the work of others made necessary to accommodate the
uncooperative Subcontractor's installations.
C. When a change order request is issued, the affected Subcontractors shall review the Coordination
Drawings and bring to the attention of the General Contractor any revisions necessary to the work of
others not directly affected by the Change Order.
ARTICLE 23: COOPERATION WITH PUBLIC SERVICE COMPANIES:
A. The General Contractor and Subcontractors shall notify the appropriate persons within local utilities
48 hours before commencement of any work, to verify location of existing below grade pipes, cables,
poles, towers, and right-of-ways that could be hazardous to life, limb, health or property. The
Contractors will he held solely responsible for any damage to existing utilities, or damaged property.
ARTICLE 24: SUBSTITUTION OF MATERIALS AND EQUIPMENT:
(Also See; Supplementary Conditions, Section 00800; and Specification Section 01300, Submittals)
A. All bids submitted shall be based on materials, equipment, and apparatus of the quality and make
specified. The Bidder's attention is directed to Section 255.04, Florida Statutes, which requires that
on public building contracts, Florida products and labor shall be used wherever price and quality are
equal. However, Bidders wishing to obtain approval of an article, device, product, material, fixture, form,
or type of construction other than specified or shown by name, make, or catalog number, shall make
written request to the Architect timed so as to reach the Architect at least seven (7) working days prior
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Fort Pierce, Florida FLA Project No 4050
1 to the date of receipt of bids. Such request shall be accompanied by data supporting the claim to
2 equality or equivalence.
3
4 B. "Or Equal": The General Contractor and Subcontractors or material suppliers shall not decide that
5 another product is equal or equivalent to the brand, or model specified. The Architect is solely charged
6 with this responsibility and judgement. Where "or equal" is stated in the Specifications, it is the
7 Architect's and not the General Contractor's or Subcontractor's, decision as to what brands or
8 suppliers qualify as equal, or equivalent, or do not qualify as equal or equivalent.
9
10 C. The Bidder shall submit drawings and other descriptive data of any modification, or items of
11 assemblies, necessary to provide approved compliance with requirements and compatibility with
12 adjacent components.
13
14 D. Approval by the Architect, if given, will be made by Addendum. Said approval will indicate that the
15 additional article, device, product material, fixture, form, or type of construction is approved for use
16 insofar as the requirements of this Project are concerned. However, it is the responsibility of the
17 General Contractor to ensure that the approved item meets all requirements of the Contract. Bids shall
18 not be based on assumed acceptance of any item which has not been approved by Addendum or
19 specified herein. If a substitute item is bid without prior written approval, the Architect holds the option
20 to void that bid, or require that the work be incorporated as specified at no additional cost to the
21 General Contractor. Owner or Architect.
22
23 D. Under no circumstance will the Architect be required to prove that a product proposed for substitution
24 is, or is not, equal or equivalent quality to the product specified. It is mandatory that the Bidder submit
25 a complete description of the proposed substitute, the name of the material or equipment for which it
26 is to be substituted, drawings, cuts, performance and test data, and any other data, samples or
27 information necessary for a complete evaluation. Insufficient data will not be considered.
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29 E. Where more than one (1) manufacturer's product is listed, the listing is not necessarily in order of
30 preference, and all will be considered as equally acceptable as long as they meet the design
31 requirements of the Contract Documents as determined by the Architect/Engineer.
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33 F. The General Contractor and Subcontractor(s) shall provide the same guarantee for an approved
34 substitution that is originally required for the originally specified product.
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37 ARTICLE 25: FASTENING DEVICES:
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39 All exposed screw and bolt heads in secure spaces throughout the interior of the Project (this specifically
40 excludes mechanical and electrical rooms) shall comply with the following:
41
42 1. Any item which requires periodic access for maintenance shall have "spanner -head" fastening devices,
43 or approved equal, which enables removal of the fastener with appropriate special tools.
44
45 2. All exterior fasteners shall be stainless steel unless otherwise specified by individual Sections.
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48 ARTICLE 26: PROJECT CLOSE-OUT/DOCUMENTS:
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50 (Also Refer to Article 3.11, Supplementary Conditions, Section 00800)
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52 The General Contractor and each Subcontractor shall be responsible for collecting, identifying, and collating
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ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No 4050
1 the following materials, as applicable to his portion of the Work, and shall submit the same (in triplicate) to
_ 2 the Architect. The General Contractor, shall properly organize the materials from himself and the various
3 Subcontractors into hard cover, 3-ring binders, and shall deliver copies of the finished books to the Architect
4 for verification. The Architect will retain one (1) copy in his file and will deliver the remaining copies to the
5 Owner for approval. This process, together with the As -Built Drawing requirements, must be completed
6 before the Final Certificate for Payment will be issued by the Architect.
A. INDEXING: All information shall be organized with categories indexed as per the project close-out
index. The individual categories shall also be organized and indexed as per Section of the
Specifications.
12 B. LISTING OF GENERAL CONTRACTOR AND SUB -CONTRACTORS: The General Contractor shall
13 provide a listing of all Subcontractors performing work on the site. Required information shall be as
14 follows:
15 (Example)
Division 1
General Contractor Representative's Name .
Company Name Title
Address Phone Number
Facsimile Number
Division 2
Earth Moving and
Representative's Name
Site Grading
Title
Company Name
Phone Number
Address
Facsimile Number
32 C. CERTIFICATE OF SUBSTANTIAL COMPLETION: The General Contractor shall insert, at this point,
33 a copy of the fully executed Certificate of Substantial Completion on the form incorporated in the
34 project documents, as future reference for the Owner.
D. CERTIFICATE OF STRUCTURES LOCATIONS: The Owner shall have a state registered surveyor
certify, in writing, with seal affixed, that the location of all new structure(s) is in compliance with the
Contract Documents.
E. LIEN WAIVERS: All releases and waivers of liens from the General Contractor and Subcontractors
shall be on the form.!ncorporated in the project documents.
43 F. CONTRACTORS AFFIDAVIT OR PAYMENT OF DEBTS AND CLAIMS: The General Contractor shall
44 provide a certification on A.I.A. Document G706, April 1970 Edition, that all work covered by the bills
45 of material and equipment, or other indebtedness connected with the Work for which the Owner or his
46 property might in any way be responsible, have been paid or otherwise satisfied.
47
48 G. CONSENT OF SURETY: The General Contractor shall provide a Consent of Surety on A.I.A.
49 Document G707, Latest Edition.
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ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
1 H. WARRANTY, GUARANTEE AND BONDS:
(See General Conditions, Article 3.5 and 9.10)
1. The General Contractor and Subcontractors shall, and hereby does guarantee all Work and
materials called for in the Contract Documents, including all work performed by his
Subcontractors, for a minimum period of two (2) years from the date of Substantial Completion of
the building, unless a longer Warranty/Guarantee time is specified by individual Sections.
10
2. The above noted Warranty or Guarantee shall be all inclusive and shall include the removal, repair,
_- 11
and replacement of damaged areas and materials, Including any adjacent or other areas damaged
12
or affected by the failures of defective materials and/or installations.
13
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3. All Guarantees and Bonds shall be in writing on the General Contractor's and Subcontractor's
15
letterhead (for each Section as specified). shall be made in favor of the Owner and Architect, and
16
shall be executed by qualified and authorized representatives of their respective company or
17
business, with official title listed, and signature notarized.
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4. Where there is a multi -responsibility for Guarantee or Bond, qualified signatures of all parties
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concerned are required, such as by Manufacturer and Subcontractor. All Guarantees and Bonds
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shall be countersigned by the General Contractor, who becomes a party and surety of each
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Guarantee, Warranty, or Bond: All signatures shall be notarized.
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5. The Warranty/Guarantee form with all information is listed on a sample form located at the end of
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this Section.
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6.. Delivery of said Guarantees shall not relieve the General Contractor or Subcontractor from any
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obligation assumed under any other provision of the Contract.
7. Nothing herein intends or implies that Guarantees and Warranties shall apply to work which has
been abused or neglected by the Owner or his successor in interests.
33 J. INSTRUCTION/OPERATION MANUALS:
35 1. Subcontractors shall provide all maintenance instruction/operation manuals as applicable for each
36 working characteristic of equipment and material furnished under this Contract, and submitted at
37 Substantial Completion.
38
— 39 2. The General Contractor and Subcontractors shall provide a competent and experienced person(s)
40 thoroughly familiar with the work, for a reasonable period of time to instruct the Owner's personnel
41 in maintenance of equipment and materials.
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43 K. AS -BUILT DRAWINGS:
1. Final corrected "As -Built" or "Record" drawings shall be complete as listed in Section 00800, .
.Supplementary Conditions, Article 3.11 and Section 01300, Submittals.
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TO:
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RE:
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(Owner)
(Project Name)
WARRANTY -GUARANTEE
17 (Contractor's Name) does hereby certify to all
18 guarantees and warranties taking effect on the date of Substantial Completion and shall remain in force as required by the
19 Contract Documents for the Construction of
20 ; and further certifies that all labor, materials, equipment or items necessary to execute said
21 guarantees and warranties shall be furnished at no cost to the Owner for the duration of each guarantee or warranty period.
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_ 39 (NOTARIAL SEAL)
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By:
(type name of signer below)
Title:
Sworn to and subscribed before me this
day of 19_
Notary Public, State of Florida
My Commission Expires:
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Fort Pierce, Florida FLA Project No. 4050
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CERTIFICATE OF SUBSTANTIAL COMPLETION
Project No.
The work performed underthe Contract dated
Labor Program, Inc., Owner, and
Contractor, for the construction of
be Substantially Completed as of
between The Agrlcultural and
was found to
The term "Substantial Completion" shall mean that the construction is sufficiently completed in
accordance with the Plans and Specifications, as modified in any Change Order agreed to by the parties,
so that the Owner can occupy the building and/or utilize the facility/project for the use for which it was
intended without hazard to the occupants or to the facility.
A list of items to be completed or corrected is appended hereto. This list may not be exhaustive and the failure
to include an item on it does not alter the responsibility of the Contractor or the Subcontractor to complete all the
work in accordance with the Contract Documents, including authorized changes thereto.
The Contractor will complete or correct the work on the list of items appended hereto within Ten (10) calendar
days from the Date of Substantial Completion.
Owner assumed full possession of the facility above described on
. The responsibility of the Contractor to provide utilities, under the Contract Documents shall
cease that date and the two-year warranty period or other specified warranty/guarantees so specified shall begin.
Insurance coverage shall continue in accordance with provisions as amended of the Contract Documents.
(Architect)
(Authorized Representative)
(Contractor)
(Authorized Representative)
Department of
(Subcontractor)
(Authorized Representative)
9/24/02 SECTION -00820 - SPECIAL CONDITIONS Page 19 of 20
ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
1 CERTIFICATE OF CONTRACT COMPLETION
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4 AGENCY:
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6 PROJECT:
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8 CONTRACTOR:
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10 CONTRACT FOR:
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12 CONTRACT DATE: CONTRACT AMOUNT:
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14 CONTRACTOR'S AFFIDAVIT
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16 1 solemnly swear (or affirm): That the work under the above named Contract and all Amendments thereto have been
17 satisfactorily completed; that all amounts payable for materials, labor and other charges against the project have been paid;
18 that no liens have been attached against the project; that no suits are pending by reason of work on the project under the
19 Contract; that all Workers' Compensation Claims are covered by Workers' Compensation Insurance as required by law;
20 and that all public liability claims are covered by insurance.
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22 General Contractor: SUBCONTRACTOR:
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24 (SEAL) (SEAL)
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26 Title: Title:
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28 Date: Date:
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31 STATE OF
32' COUNTY OF
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34 Personally appeared before me this day of 20 _, known (or made
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36 known) to me to be the
37 (OWNER) OR (PARTNER)
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39 of
40 (Corporate Officer -Title)
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42 Contractor(s), who, being by me duly sworn, subscribed to the foregoing affidavit in my presence.
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46 (Notary Public)
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48 (Type Name):
49 My Commission Expires:
9/24/02 SECTION 00820 - SPECIAL CONDITIONS Page 20 of 20
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Fort Pierce, Florida FLA Project No. 4050
SUMMARY OF WORK
1 PART 1 - GENERAL
2
3
4 RELATED DOCUMENTS
- 5
6 Drawings and general provisions of the Contract, including General and Supplementary Conditions.
7
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9 WORK COVERED BY CONTRACT DOCUMENTS
10
11 The Proiect:
12
13 Renovation of existing facility to accommodate additional students requires interior wall demolition, selective concrete
14 - demolition, approximately 120 feet of new floor space and complete renovation of approximately 7,000 square feet building
15 under roof.
16
17 Protect Location: ALPI CENTER
18 1814 North 131' Street
19 Fort Pierce, Florida 34950
20
21 Owner: The Agricultural and Labor Program, Inc.
22 P.O. Box 3126 -
23 Winter Haven, FL 33885
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25 Architect: Florida Architects, Inc
26 8517 South Park Circle
27 Suite 150
28 Orlando, Florida 32819
29 (407) 370-5555
30
31 Florida Architects Inc.
32 Attention: Ken Singletary
33 1217 Delaware Avenue
34 Fort Pierce, Florida 34950
35
36 Contract Documents, dated September 24, 2002 have been prepared for the Project by Florida Architects, Inc.
37
38 The Work will be constructed under a single contract as authorized by the Owner.
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41 CONTRACTOR USE OF PREMISES
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43 Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits
44 indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated, all existing disturbed areas
45 will be restored to their original condition at no additional expense to the owner or architect. The Contractor's use of the
46 premises is also limited by the Owner's right to perform work or to retain other contractors on portions of the Project.
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48 Owner Occupancy: Allow for the existing buildings to be occupied by the Owner and use by the public throughout work
49 related to the project.
50
51 Driveways and Entrances: Keep driveways and entrances serving the premises clear and available to the Owner, the
52 Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.
53 Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site as
54 directed by the Contractor and approved by the Architect.
55
9/24/02 SUMMARY OF WORK Page 1 of 2
ALPI CENTER REMODELING
Fort Pierce, Florida FLA Project No. 4050
1 Utilities: Coordinate with Owner and local authorities.
2
3 Use of the Existinq Buildings: Maintain the existing buildings in an undisturbed and weathertight condition throughout the
4 construction period. Repair damage caused by construction operations and damage caused by weather. Take all
5 precautions necessary to protect the building and its occupants during the construction period. The General Contractor and
6 the Subcontractors will not be permitted to use any of the existing buildings on the property.
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9 OCCUPANCY REQUIREMENTS
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11 Owner Occupancy: The Owner reserves the right to occupy and to place and install equipment in areas of the building, prior
12 to Substantial Completion provided that such occupancy does not interfere with completion of the Work. Such placing of
13 equipment and occupancy shall not constitute acceptance of the Work.
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15 A Certificate of Substantial Completion will be executed for the entire project.
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17 Prior to Owner acceptance, mechanical and electrical systems shall be fully operational. Required inspections and
18 tests shall have been successfully completed.
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SUMMARY OF WORK
Page 2 of 2