13-Project Manual (Specification and Requirements) PNC2132293C1.pdf

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Attached to
Deerfield Island ADA Dock
Solicitation number
PNC2132293C1
Issued by
Broward County, Florida

About this file

This is a Project Manual and Specification document for the Deerfield Island ADA Dock project, a fixed-price construction contract issued by Broward County, Florida's Parks and Recreation Division. The project involves the installation of an aluminum floating dock and gangway, concrete piling, concrete abutment, fire line with hose cabinet, and miscellaneous appurtenant items at 1720 Deerfield Island Park in Deerfield Beach, Florida. The floating dock will be supplied and delivered separately by the Parks and Recreation Division, while the contractor is responsible for supplying, installing, and constructing all other project components. Work is restricted to 7:00 a.m. to 5:30 p.m. Monday through Friday for barge-based work and 7:00 a.m. to 5:30 p.m. Monday through Thursday for land-based work during times when Deerfield Island is closed to the public. The contract requires compliance with multiple regulatory agency permits, including those from the Florida Department of Environmental Protection, South Florida Water Management District, U.S. Army Corps of Engineers, and United States Coast Guard.

The contractor must submit all required permits and maintain them in active status throughout the contract period, with all permit and inspection fees reimbursed through a designated allowance line item. The base bid includes eleven line items covering mobilization/demobilization (not to exceed 5 percent of total price), insurance and bond premiums (not to exceed 6 percent of total price), general conditions, demolition, fire protection piping, dock piling (paid per linear foot of final installed pile length), floating dock installation, gangway, concrete abutment, professional services, and site restoration. Retainage shall be withheld per Florida Statutes Section 255.078, with reduction to 2.5 percent after 90 percent completion. The contractor is responsible for all coordination with separate contractors, utility providers, and county operations, must maintain a full-time superintendent on-site, and shall provide comprehensive quality assurance and control measures including third-party testing and inspection services at the contractor's expense.

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01 00 00 - 1

Project Manual for

Deerfield Island ADA Dock

Park Project No.:

217-23A

Prepared by:

Parks and Recreation Division Planning & Design Section

01 00 00 - 2

Table of Contents

Division 00 Procurement & Contracting Requirements 01 01 10 Table of Contents

Division 1 General Requirements 01 11 00 Summary of Work 01 21 00 Allowances 01 22 00 Measurement and Payment 01 25 13 Substitution Procedures 01 26 00 Contract Modification Procedures 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 31 19 Preconstruction Meeting 01 35 00 Special Procedures 01 43 00 Quality Assurance 01 45 00 Quality Control 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Control for Pollution and Water 01 71 23 Field Engineering and Surveying 01 74 13 Progress Cleaning 01 77 00 Closeout Procedures

Division 31 Earthwork 31 62 13 Prestressed Concrete Piles

Division 35 Waterway and Marine Construction 35 51 13 Floating Docks and Gangways

Appendix:

A. Division 1 Specification Forms

• 006313 Contractor's Request for Information Form

• 006325 Substitution Request Form

• 006333 Supplemental Instructions Form

• 006346 Construction Change Directive Form

• 006353 Request for Proposal Form

• 006357 Change Order Request Form

• 006519 Final Completion Request Form

B. Regulatory Agency Permits

• Broward County Environmental Resource License No. DF24-1202

• Florida Department of Environmental Protection Environmental Resource Permit No. 06-0330657-003-EI

• South Florida Water Management District, Right-of-Way Permit No. 17435-R

• US Army Corps of Engineers authorization under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §

403) File number SAJ- 2006-08093(LOP-JLM)

• United States Coast Guard authorization no. PA 25-031

END TABLE of CONTENTS

01 11 00 - 1

SECTION 01 11 00 SUMMARY OF WORK

PART 1 - GENERAL

1.1 PROJECT INFORMATION

A. Project Identification: Deerfield Island ADA Dock

1720 Deerfield Island Park, Deerfield Beach, FL 33441

B. Owner's Representative: Parks and Recreation Division, Planning and Design Section

County Project Manager: Martin Gross, P.E.

C. General Project Description:

Installation of an aluminum floating dock and gangway, concrete piling, concrete abutment, fire line with hose cabinet, and other miscellaneous appurtenant items. The floating dock will be separately supplied and delivered to the site by the Parks and Recreation Division. All other project components will be supplied, installed, and constructed by the Contractor.

1.2 WORK COVERED BY THE CONTRACT DOCUMENTS

A. The Work outlined in this solicitation includes the furnishing of all labor, supervision, materials, tools, equipment, supplies, transportation, and incidentals required for the permitting and construction of the

Deerfield Island ADA Dock as detailed throughout the Contract Documents, as well as those required to meet specified codes, references, and standards.

B. All specifications listed in the Project Manual are part of the Base Bid unless noted otherwise. If not explicitly covered in the drawings, the selected finishes and products to be provided are detailed in their respective sections of this Project Manual.

C. Work includes all items either shown in the drawings or referenced in the contract documents.

1.3 WORK RESTRICTIONS

Work may proceed during the following days and times, unless otherwise indicated. No work is allowed on weekends or County Government holiday closing days without prior written permission from the County.

A. Barge based work: 7:00 am to 5:30 pm Monday through Friday.

B. Land based work: 7:00 am to 5:30 pm Monday through Thursday during which time Deerfield Island is closed to the public.

1.4 EXISTING CONDITIONS

The Contractor is required to perform the needed work for their construction effort in a way that does not disturb the function or interrupt ongoing park operations. All work must be coordinated and scheduled with approval from the County Project Manager. The areas not covered by the work must be protected. Any areas damaged or disturbed by the construction effort in any way must be repaired and brought to the condition it was found just before the construction. All repairs and restoration must be done by the Contractor as part of this contract and to the complete satisfaction of the County.

1.5 LIMITS OF CONSTRUCTION

A. The work set forth in the Contract Documents will be performed within the limits established in the site plan and any construction staging drawings. Contractors shall not work outside of the limits without receiving written County approval.

01 11 00 - 2

B. All construction trailers, storage sheds, equipment, and materials shall be stored within location (s) ac-ceptable to the County Project Manager.

C. The perimeter of all landside work areas is required to be secured and protected from access by the public by means acceptable to the County.

1.6 COUNTY RESPONSIBILITIES

Not Used

1.7 COORDINATION OF WORK

A. The Contractor shall be responsible for the planning and scheduling, and coordination of all Work performed under the contract, so that materials will arrive on schedule and installation will proceed without delay.

B. Coordinate scheduling, construction documents, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence and installation of interdependent construction elements.

C. After County occupancy of premises, coordinate access to the site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of the County’s activities.

D. Coordinate Utility installation with each utility provider. Contractor shall include costs for service design and connections to each utility company in its bid prices.

1.8 COOPERATION BETWEEN CONTRACTORS

A. The County reserves the right to contract for and perform other or additional construction on or near the

Work covered by this Contract.

B. When separate contracts are let within or near the limits of the Project, the Contractor shall conduct its

Work so as not to interfere with or hinder the progress of completion of the construction performed by other contractors. Contractors working on the same Project shall cooperate with each other as directed by the County.

C. The Contractor shall arrange its Work and shall place or dispose of the materials being used as not to interfere with the operations of the other contractors within or near the limits of the Project. The

Contractor shall join its Work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

1.9 TIME FOR PERFORMANCE

A. The work to be performed under this Contract shall commence upon issuance of the Notices to Proceed.

B. The time limits stated in the Contract Documents are the essence of the Contract. By executing the BCF

170, the Contractor confirms that the Time for Completion is a reasonable period for performing the

Work. The Contractor shall proceed expeditiously with adequate forces and shall achieve all established milestones.

C. County will impose Liquidated Damages, per the Contract terms and conditions, for any delays beyond excusable extensions, to the project schedule specified above.

1.10 DISCREPANCIES, INTERPRETATION, AND OMISSIONS

01 11 00 - 3

A. Contractor shall bring any apparent discrepancies to the attention of the County Project Manager and

Consultant (if applicable) for resolution prior to commencing with the Work. Contractor shall use a

Request for Information (RFI) form to communicate discrepancies and receive direction.

B. Should conflict occur between the Code requirements and the Contract Documents, the Contractor is deemed to have based the bid upon the more expensive method of performing the Work.

1.11 PERMITS AND FEES

A. Contractor shall apply for and obtain all permits; refer to the Contract Documents, including the Special

Instructions for Vendors, Allowances (if applicable), and Measurement and Payment sections.

B. Contractor is required to maintain all permits in an active status and shall close out all permits prior to final payment and release of retainage. Any permit that expires shall be reactivated by the Contractor at no additional cost to the Owner.

C. Regulatory Agency Permits

1. Permits issued by regulatory agencies for work under this contract are as follows:

a. Florida Department of Environmental Protection Permit No. 06-0330657-003-EI

b. South Florida Water Management District, Right-of-Way Permit No. 17435-R

c. Broward County – Environmental Resource License (ERL) No. DF24-1202

d. US Army Corps of Engineers authorization under Section 10 of the Rivers and Harbors

Act of 1899 (33 U.S.C. § 403),. File number SAJ- 2006-08093(LOP-JLM)

e. United States Coast Guard authorization no. PA 25-031

2. Regulatory agency permits, inclusive of all cited general and specific conditions, referenced in

Paragraph C.1. above, are hereby incorporated into the Contract Documents.

3. Copies of all permits referenced in Paragraph C.1. above are provided in Appendix B at the end of the Project Manual. The Contractor shall thoroughly review these permits and include in its base bid price all necessary labor, services, equipment, supplies, and materials to comply with all permit conditions.

4. Drawings included with or attached to the referenced permits are for depiction purposes only and shall not be referred to for the purposes of constructing the Project.

1.12 UTILITY LOCATION

A. It shall be the Contractor’s responsibility to verify all existing utility locations. The Consultant and the

County take no responsibility or liability for any existing utility conditions. Prior to excavation or earth-work, all underground utilities must be located at the Contractor’s expense (included in the Base

Bid). Hand dig and confirm location of existing lines marked by utility locate company. The State of

Florida Sunshine 811 service typically will not locate underground utilities which are County owned and privately owned. At a minimum, provide locating of utilities including water, sewer/septic, fiberoptics, irrigation, and electric.

B. Any existing utility damaged by the Contractor must be promptly repaired or replaced at the Contractor’s expense and at no additional cost to the County. At the sole discretion of the County, such repairs shall be performed by the Contractor’s forces or by a subcontractor retained by the Contractor. Any delays ensuing from this damage will be considered inexcusable delay and the County shall have the right, at the County’s sole discretion, to hire a repair contractor and to back charge the Contractor if the work is not completed promptly.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION

01 21 00 - 1

SECTION 01 21 00 ALLOWANCES

1.1 GENERAL

A. Contractor is responsible for submitting and securing all permits with exception to those permits previously obtained by the County and for maintaining the Contractor obtained permits in an active status. Any Contractor obtained permit that expires shall be reactivated by the Contractor at no cost to the County.

B. The contract specified allowance amount is for the reimbursement of, but not limited to, the following:

1. Non-Broward County Board of County Commissioners issued permit and inspection fees

2. Building Department permit fees.

3. Certificates of occupancy or completion

4. Impact fees

5. Fees required of the various utility providers such as Florida Power & Light (FPL)

6. Permit expediting services if formally requested by the County Project Manager

C. The following are not reimbursable and are solely at the Contractor’s expense: payment of re-inspection fees, failed applications, permit running services, and expired permits.

D. No markup or additional fees, such as overhead, profit or background checks, are allowed on the payment of allowance items. Payment will be equal to the amount paid by Contractor.

E. The Contract Administrator reserves the right to reject any allowances, including those requested of other County agencies.

F. A copy of the Contractor’s invoice(s) or receipt(s) shall be submitted with the Contractor’s payment request. Payment will be made by the County after commodities and/or services have been completed and properly invoiced and in accordance with the Contract Documents.

G. Allowances should not be included in the construction/job value when applying for permits. Allowances are strictly a method for reimbursing the Contractor for these costs. Retainage is not required for the allowance.

H. The allowance amount(s) are not a guarantee. Any overages will be deducted from the Contract by a reduction to the Purchase Order.

01 22 00 - 1

SECTION 01 22 00 MEASUREMENT AND PAYMENT

1.1 SUMMARY

A. The Work set forth in this Project shall include the furnishing of all labor, supervision, materials, tools, equipment, supplies, transportation and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with requirements of the Contract Documents.

B. No separate payment will be made for any item that is not specifically set forth in the line items below and all costs therefore shall be included in prices named in Bid Schedule for various appurtenant items of work.

C. Vendors must bid all line items, options, alternates and groups in order to be considered for award.

D. The County reserves the right to award none, all or any combination of alternates and options as is in the best interest of the County and based upon the availability of funds.

PART 2 - BASE BID LINE ITEMS

2.1 MOBILIZATION / DEMOBILIZATION

A. This line item includes all expenses not specifically listed below but required by the Contract Documents to commence the construction phase of the Project such, construction trailer, temporary fencing, temporary utilities, temporary signage, barriers, storage, sanitary facilities, tree protection, erosion and pollution controls, etc. Payment cannot occur prior to issuance of the Second Notice to Proceed and will be based upon the lump sum price for the mobilization/demobilization paid as a percentage completed, upon verification by the County Project Manager.

B. The cost for this line item is not to exceed 5% of the Total Price. This is not a matter of responsiveness, it is merely an instruction to the Vendor/Contractor. Any amount in excess of 5% of the Total Price will be moved under the General Conditions line item and will be paid under the same conditions as the General Conditions. Moving the amount to from one line item to another will not change the Total Price.

2.2 PREMIUMS FOR INSURANCE AND BONDS

A. This line item includes all premiums required to obtain and maintain the required insurance, payment bonds and performance bonds required for this Project. Payment will be based upon the lump sum price paid as a percentage completed, upon verification by the Consultant or County Project Manager. Payment for this line item cannot occur prior to issuance of the First Notice to Proceed and retainage will not be held.

B. The cost for this line item is not to exceed 6% of the Total Price. This is not a matter of responsiveness, it is merely an instruction to the Vendor/Contractor. Any amount in excess of 6% of the Total Price will be moved under the General Conditions line item and will be paid under the same conditions as the General Conditions. Moving the amount from one line item to another will not change the Total Price.

2.3 GENERAL CONDITIONS

This line item includes, but is not limited to, all expenses which are not included in the other line items yet are required by the Contract Documents, such as supervision including a Superintendent that will be at this job-site on a full-time basis, project management, permit processing, overhead, etc. Payment will be based upon the lump sum price paid as a percentage of the project completed, upon verification by the Consultant or County Project Manager.

2.4 DEMOLITION

This line item includes, but is not limited to, all items shown in the Contract Documents for the demolition of existing infrastructure and facilities. Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project Manager.

01 22 00 - 2

2.5 FIRE PROTECTION PIPING AND FIRE HOSE CABINET

This line item includes, but is not limited to, all items shown in the Contract Documents for the fire protection piping, valves, fittings, dock hose cabinet, and all other associated components. Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project Manager.

2.6 DOCK PILING

This line item includes, but is not limited to, all items shown in the Contract Documents for the floating docks and abutment piling installation to attain the required penetration and required bearing capacity.

Payment for this item will be based upon the linear feet of final installed pile length after cut-off as accepted by Broward County at the price bid per foot, upon verification by the Consultant or County Project Manager.

For the purposes of the bid only, a total price for production piles shall be determined by assuming a total production pile length of 30 ft. per pile.

2.7 FLOATING DOCK

This line item includes, but is not limited to, all items shown in the Contract Documents for installation of the floating dock, The aluminum dock with railing will be both provided by and delivered to the site by the County. The specified Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project Manager.

2.8 GANGWAY

This line item includes, but is not limited to, all items shown in the Contract Documents for the aluminum gangway and all associated components. Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project

2.9 CONCRETE ABUTMENT

This line item includes, but is not limited to, all items shown in the Contract Documents for concrete abutment. Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project Manager.

2.10 PROFESSIONAL SERVICES

This line item includes, but is not limited to, all items shown in the Contract Documents for the professional services associated with construction materials testing, engineering inspection and certification of the piling installation, survey for construction layout, and survey as-built drawings in compliance with all regulatory agency permit requirements,. Payment for this item will be based upon the lump sum price for this work paid as a percentage of the item completed, upon verification by the Consultant or County Project Manager.

2.11 RESTORATION OF SITE AND OTHER COSTS

This line item includes the price and payment for patch and repairs of any existing areas damaged during construction, including but not limited to replacing all damaged or removed sod and landscaping adjacent to the construction limits, fence reinstallation, asphalt repairs, etc., and the cost of all other items required to complete the project not specified in items 2.1 thru 2.10.

PART 3 - ALLOWANCES FOR REIMBURSEMENT

3.1 GENERAL

A. Allowances should not be included in the construction/job value when applying for permits. Allowances are strictly a method for reimbursing the Contractor for these permit costs.

B. Any overages will be deducted from the Contract and purchase order by a negative Change Order.

C. County shall not be responsible for payment of failed inspection fees or renewal of expired permits.

Expedited permitting must be approved by County Project Manager in advance of submittal.

D. An allowance has been included as a method for reimbursement of all non-Broward County Board of

County Commissioners issued permit and inspection fees, impact fees, certificates of occupancy, certificates of completion, development and environmental reviews, costs for outside agency construction

01 22 00 - 3 bonds (non-Broward County) and fees required of the health department, water and drainage districts, and various utility providers. Refer to the allowances section of the Special Instructions for Vendors, Summary of Work, BCF 170 and other Division 1 sections for further information.

E. This is not a lump sum item; reimbursement will be at cost. Retainage shall not be held on this allowance.

PART 4 - RETAINAGE

4.1 REFERENCES

A. Contract BCF170, Article 5.2, Retainage B. Section 255.078 Florida Statutes, Public Construction Retainage

4.2 SCHEDULE OF RETAINAGE REDUCTION

County may withhold retainage on each progress payment as set forth in Section 255.078, Florida Statutes, as may be amended during this Contract, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to two and one-half percent (2.5%) of all monies previously earned and all monies earned thereafter, and after issuance of the Certificate of Substantial Completion the Contract Administrator shall reduce the retainage amount as prescribed Sections 255.077 and 255.078 Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes shall be at the sole discretion of the Contract Administrator and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of County.

PART 5 - EXECUTION (Not Used)

01 25 13 - 1

SECTION 01 25 13 PRODUCT SUBSTITUTION PROCEDURES

1.01 SUMMARY

A. General requirements applicable to approved equal/substitutions of products, materials, equipment, systems and method of construction. Additional instructions are included in the Common Product Requirements and Reference Standards and Definitions sections.

1.02 ADDITIONAL DEFINITIONS

A. Approved equals (a/k/a Substitutions): Products, materials, equipment, systems and method of construction other than the basis of design; this includes County pre-approved or accepted products and manufacturers as listed in the Contract Documents. Refer to the Division 1 References, Product Options and Common Product Requirements sections for more information.

1.03 GENERAL REQUIREMENTS

A. Based upon the Owner’s contract with the Consultant, the County Project Manager may assist in the review and approval of substitutions and product selection. Therefore, in this section of the Project Manual and the BCF 170, the Consultant and County Project Manager may be used interchangeably.

B. Substitutions are not allowed for products or manufacturers in which the Drawings and/or specifications state “no substitutions” or similar phrase.

C. Refer to the Reference Standards and Definitions for additional instructions and limitations of approved equals and substitutions.

D. As each project is unique, a previously substituted product from another contract or project does not constitute an approval under the Contract. Refer to each section for minimum requirements of products offered.

E. County reserves the right to deny a substitution based on past performance of the product.

F. No extensions of time will be provided to Contractor for submittal, review or acceptance of substitutions.

G. No more than one substitute will be reviewed for each type of product.

H. The following are not considered substitutions:

1. Revisions to Contract Documents requested by the Owner or Consultant.

2. Use of specified and/or approved products (where both the manufacturer and model name are listed) and construction methods included in Contract Documents. In most cases, the Contractor has been provided three products from which to choose.

3. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities.

4. The Contractor’s unilateral incorporation of non-specified products, materials and equipment into the Work.

5. The Contractor’s unilateral incorporation of products, materials and equipment into the Work which do not conform to the requirements of the Contract Documents and which are not approved by the County Project Manager and/or Consultant.

1.04 SUBMITTALS

A. Substitution Request Submittal: Submit all substitution requests to the Consultant and County Project Manager on Document 00 63 25. Substitution requests on other forms or submitted by other means will not be reviewed. This completed form with supporting documentation should be emailed to the Consultant and County Project Manager.

1. Include the information and documentation required on the document and other information necessary for an evaluation by both the County Project Manager and the Consultant.

2. Substitution requests deemed incomplete or incorrect by the Consultant or County Project Manager shall not be approved.

3. The County Project Manager's approval or disapproval decision, which may be based upon recommendations of the Consultant or County staff, shall be final.

01 25 13 - 2

B. Formal requests for substitutions meeting all requirements of the Contract Documents may be considered if submitted in the Preconstruction Work and within 30 calendar days after receipt of the first Notice to Proceed

(NTP).

C. Contractor shall bear all costs for substitutions including but not limited to review time, permit, planning and/or application revisions and re-submittals, liquidated damages, letters of authorization, stamped/signed and sealed drawings and inspections. The Consultant and its subconsultants reserve the right to be compensated by the Contractor for the review and design time for substitutions including any additional requirements of the Value Engineering article in the BCF 170.

D. Identify the product, the fabrication and installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate:

1. Product data, including Drawings and descriptions of product, fabrication and installation procedures.

2. Confirm, in writing, that the substituted product is equal to, meets or exceeds each of the criteria listed in the applicable specification or drawing criteria.

3. Samples, where applicable or requested.

4. A detailed, point by point comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements such as size, weight, durability, appearance and design flourishes, performance, color and visual effect.

5. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Contractor and separate County contractors that will become necessary to accommodate the proposed substitution. For instance, a substitution of a water closet flushometer may require changes in the design and needs of the electrical and plumbing systems.

6. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time.

7. Cost information, including a proposal of the net deduction in the Contract Sum and costs between the County and Consultant for submittal reviews.

8. Describe any modifications that will be made to the product so that it will conform to the design intent and minimum requirements as detailed in the Contract Documents.

9. Refer to the basic and minimum product requirements and product option specifications in Division 1 for more information.

10. Certification by the Contractor that the proposed substitution is equal to or better in every significant respect to that required by the Contract Documents, and that the substitution will perform sufficiently in the application indicated. Include the Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately.

11. The burden of proof lies with the Contractor and not the County or Consultant. County and Consultant shall not be responsible for conducting any additional research other than the documentation provided by the Contractor.

1.05 REVIEWER’S ACTION

A. The Reviewer (Consultant or County Project Manager) may request additional information or documentation necessary for evaluation of the request. If not received in a timely manner and within the stated deadlines, the substitution may be rejected.

B. The Consultant or County Project Manager will notify the Contractor of the acceptance or rejection of the proposed substitution.

C. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use one of the specified and approved products rather the substitution

D. Acceptance:

1. Acceptance will be on Document 00 63 25 for accepted substitutions which do not alter the Contract Sum or Time.

2. Acceptance will be in the form of a Change Order for accepted substitutions which reduce the Contract Sum or Contract time.

01 25 13 - 3

PART 2 - PRODUCTS

2.01 CONDITIONS

A. The Contractor's substitution request (request) will be received and considered by the Consultant and County Project Manager when one or more of the following conditions are satisfied as determined by the Consultant or County Project Manager:

1. The request is timely, fully documented and properly submitted in accordance with the conditions of this Section and the Contract Documents; and

2. The request is not directly related to a product or manufacturer for which “no substitutions” or similar phrase is stated.

3. The specified product or method of construction is no longer available during the course of the Work or cannot be provided within the Contract Time. The request shall not be considered if the product or method cannot be provided as a result of the Contractor’s failure to pursue the Work or place orders promptly or coordinate activities properly.

4. The County Project Manager or Consultant has deemed the specified product or method is no longer suitable or appropriate for incorporation into the Work or does not meet current code requirements.

5. One of the following substantial, significant advantages (value engineering) is offered to the County: significant cost reduction; significant time reduction; or other considerations of merit, after deducting offsetting responsibilities the County and Contractor may be required to bear. Contractor’s additional responsibilities include additional compensation to the Consultant (and its subconsultants) for re-design, permit re-submittal, revised letters of authorization, evaluation services, increase in cost of other construction or utilities by the County or separate County contractors, and similar considerations.

B. Where a proposed substitution involves the work or services of other contractors or Owner’s personnel, the Contractor shall cooperate with all others involved to coordinate the Work, provide uniformity and consistency, and to assure compatibility of products.

2.02 COMPLIANCE WITH CONTRACT DOCUMENTS

A. The Contractor's submittal and Consultant's or County Project Manager’s acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval.

B. Replacement of products, materials and equipment not specified or not complying with the Contract Documents is the sole responsibility of the Contractor.

01 26 00 - 1

SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES

PART 1 - GENERALS

1.1 NOT USED

1.2 SUBMITTALS

A. Submit the name of the Contractor’s individual authorized to receive change documents and be responsible for informing Contractor’s staff and subcontractors of changes to the Work.

1.3 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME

A. Maintain detailed records of the Work. Provide full information required for evaluation of proposed changes, and to substantiate costs and time adjustments as may be necessitated by changes in the Work.

B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation.

C. For all Change Order Proposals, provide additional data to support computations:

1. Quantities and unit prices of products, labor, and equipment.

2. Taxes, insurance, and bonds.

3. Overhead and profit.

4. Justification for any change in Contract Time.

5. Credit for deletions from Contract, similarly documented.

D. Support each claim for additional costs, and for work done on a cost plus price basis, with additional information:

1. Origin and date of claim.

2. Name of the Owner’s authorized agent who ordered the work and the date of the order.

3. Schedule of when work will be performed.

4. Summary of labor hours and wages.

5. Costs for:

a. Products including a listing of quantities.

b. Equipment

c. Subcontracts, similarly documented.

E. Time Impact Analysis:

1. For all Change Orders and Supplemental Instructions where there has been no agreement as to the change’s impact on project time, the Contractor shall prepare and submit a Time Impact Analysis illustrating the influence of each change or delay upon the current contract schedule.

The Time Impact Analysis shall document:

a. A schedule sub-set demonstrating how the Contractor proposes to incorporate the change order or delay into the detailed schedule based upon the date the Change Order or Construction Supplemental Instruction is issued to the Contractor.

b. The status of construction at that point in time.

c. The start/finish dates of all affected activities utilizing the dates included in the latest updated detailed construction schedule closest to the time of delay or change.

01 26 00 - 2

2. Submit the Time Impact Analysis as an attachment to each submitted Document 00 63 57:

Change Order Request Form, or within seven days of receipt of a Construction Supplemental Instruction or other event which might delay with progress of the Work.

3. When the Contractor does not submit a Time Impact Analysis for a specific change order or delay as an attachment to Document 00 63 57: Change Order Request Form, or within the time frames specified for supplementary instructions or other delays, then it is mutually agreed that the particular Change Order, or supplementary instruction delay has no effect on contract time except as otherwise allowed elsewhere within the Contract Documents.

4. When approved by the Owner, the sub-sets associated with that particular Change Order, Supplementary Instruction or other delay shall be incorporated into the detailed construction schedule by the Contractor during the first update after such approval.

1.4 CHANGE PROCEDURES

A. County Project Manager will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time by issuing supplemental instructions on Document 00 63 33:

Supplemental Instruction Form.

B. The Consultant may issue a Document 00 63 53: Request for Proposal Form, which includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid.

1. Contractor shall prepare and submit an estimate within 14 days after receipt of the Document 00

63 53: Request for Proposal Form in the form of Document 00 63 57: Change Order Request Form, and other required documentation as specified above and as might be required by the Consultant or the Owner.

2. Such requests are informational and are not authorizations or instructions to execute the changes or stop the Work in progress.

C. The Contractor may propose a change by submitting a request for change on Document 00 63 57:

Change Order Request Form, to the County Project Manager, by describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors, the Owner’s forces or others.

1. Required supporting documentation includes a detailed breakdown of costs for material, equipment, and labor, a Time Impact Analysis, and other required documentation as specified above and as might be required by the Consultant or County Project Manager.

2. Such proposals by the Contractor are informational and are not authorizations or instructions to execute the changes or stop the Work in progress.

D. Preparation of Change Order Items:

1. The Consultant will prepare a recommendation concerning each Change Order and will submit it to the County Project Manager.

2. Upon the recommendation of the Contract Administrator, the Change Order will be prepared for consideration in accordance with County procedures.

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3. Change Orders which are critically needed to facilitate the continuing progress of the Work should be so identified on the submitted Document 00 63 57: Change Order Request Form. The Owner may issue Document 00 63 46: Construction Change Directive Form, directing the Contractor to proceed with Work related to a critically required Change Order which is under consideration, but not yet approved, in accordance with County procedures.

1.5 CONSTRUCTION CHANGE DIRECTIVE

A. Consultant may issue Document 00 63 46: Construction Change Directive Form, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

B. Document Document 00 63 46: Construction Change Directive Form, is a written order prepared by the County Project Manager, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

C. A Construction Change Directive shall be used in the absence of total agreement on the terms of a

Change Order or where Broward County’s process for consideration of a Change Order would unreasonably, at the Owner’s discretion, prohibit the Contractor from completing time critical elements of the Work.

D. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on the methods specified in this Specification Section and in the other applicable Contract Documents.

E. Upon receipt of Document 00 63 46: Construction Change Directive Form, the Contractor shall promptly proceed with the change in the Work involved and advise the County Project Manager of the Contractor’s agreement or disagreement with the method provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum.

F. A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.

Such agreement shall be effective immediately and shall be recorded and issued as a Change Order upon subsequent approval of the proposed Change by the Owner.

G. Actual adjustments to the Contract Sum and Contract Time shall not become effective until the changes are formally approved by an Owner approved Change Order. As such, the Contractor may not submit requisitions for payment or make adjustments to the construction schedule until such time as the Owner approves the changes and a Change Order is issued to the Contractor.

1.6 EXECUTION OF CHANGE ORDERS

A. Execution of Change Orders: Contract Administrator, through the County Project Manager, will issue Change Orders for signatures of parties. Once executed, the Contract Administrator will obtain the requisite Purchase Orders and will issue the official Change Order documents through the Consultant.

1.7 CORRELATION OF CONTRACTOR SUBMITTALS

A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price.

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B. The original contract sum and scheduled values shall be copied in all updated Schedule of Values and Request for Payment forms, and the changes, where necessary, shall be noted and itemized separately at the bottom of the forms.

C. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust times for other items of work affected by the change, and resubmit.

D. Promptly enter changes in Project Record Documents.

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SECTION 01 29 00 PAYMENT PROCEDURES

1.1 SUMMARY

A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. Refer to Division 1 for administrative requirements governing preparation and submittal of Contractor's Construction Schedule and Submittals Schedule.

1.2 ADDITIONAL DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.

1.3 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule.

1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following:

a. Application for Payment forms with Continuation Sheets.

b. Submittals Schedule.

c. Contractor's Construction Schedule.

2. Unless otherwise instructed in the Contract Documents, submit the Schedule of Values to County’s Project Manager at earliest possible date but no less than 10 days before the date scheduled for submittal of initial Applications for Payment.

B. Format and Content: Use the Project Manual Measurements and Payment section as a guide to establish line items for the

Schedule of Values.

1. Identification: Include the following Project identification on the Schedule of Values:

a. Contract name, number and location.

b. Name of Consultant or County Project Manager.

c. Contractor's name and address.

d. Date of submittal.

2. Submit draft of AIA Document G702 and G703 Continuation Sheets.

3. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed using the AIA G702 and G703 as a template (attached at the end of this Section):

a. Description of the Work

b. Scheduled Value

c. Work completed to date (both previously and this period)

d. Materials stored on site (if stored materials are payable under the Contract); see below

e. Percentage complete

f. Balance to finish

g. Retainage held (maximum percentage as allowed for in F.S. Section 255.078 and as detailed in the BCF 170)

h. Percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent.

4. Temporary facilities and other major cost items that are not direct cost of actual work-in-place shall be distributed as general overhead expense as Contractor's General Conditions. Payment will be made based on actual percentage of project completed on a monthly basis.

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1.4 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and payments as certified by the County Project Manager.

1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements.

2. Each Application for the Project shall include the following attachments in electronic format:

a. BCF 170 requirements such as release of liens from previous payment application or Consent of Surety

b. Schedule of Values

c. Change Order Log and reconciliation

d. Release of Liens or Consent of Surety since previous Application, if applicable

e. Certification of Payments to Subcontractors since previous Application

f. Updated Statement of Compliance (Prevailing Wage Rate), if applicable

g. Photographs of the Work if required by the Contract Documents

h. Updated Project Schedule and catch-up work plan if behind schedule and supporting documentation for any project delays

i. Supporting documentation such as paid invoices for any allowance reimbursements

j. Copies of goal reports, apprenticeship and workforce reports, if applicable

k. Updated Security Affidavit/background screening since the previous Application

l. When payment of stored materials and equipment is requested, see below requirement under Application

Preparation

B. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. County’s Project Manager will return incomplete applications without action.

1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made.

2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.

3. For payment request of stored materials and equipment, as detailed in the BCF, by submission of Application for Payment, Contractor confirms that it has verified and inspected all materials and equipment being stored and that these materials and equipment are complete and undamaged. Written confirmation from Contractor may be requested by County and shall be provided by Contractor.

C. County Business Enterprise (CBE) Forms: With each Application for Payment, submit Monthly Utilization Report

(MUR), if required.

D. Waivers of Liens: When applicable and as required by the BCF 170, with each Application for Payment, submit waivers of liens from subcontractors, subconsultants, sub-subcontractors, and suppliers for construction period covered by the previous application.

1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item.

2. When an application shows completion of an item, submit final or full waivers.

3. County reserves the right to designate which entities involved in the Work must submit waivers.

4. Submit final Application for Payment with final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien.

5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to County.

E. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1. List of subcontractors, suppliers and subconsultants.

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2. Schedule of Values.

3. Contractor's Construction Schedule (as previously approved by the County Project Manager or Consultant).

4. Submittal Schedule (as previously approved by the County Project Manager or Consultant).

5. List of Contractor's staff assignments.

6. Copies of building permits and receipts.

7. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work.

8. Minutes from pre-construction conference.

F. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an

Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.

2. This application shall reflect Certificates of Partial Substantial Completion issued previously for County occupancy of designated portions of the Work, if applicable.

G. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following:

1. Evidence of completion of Project closeout requirements.

2. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."

3. AIA Document G706A, "Contractor's Affidavit of Release of Liens."

4. AIA Document G707, "Consent of Surety to Final Payment" if applicable.

5. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial

Completion or when County took possession of and assumed responsibility for corresponding elements of the Work, if applicable.

6. Final, liquidated damages settlement statement, if applicable.

7. Final CBE Utilization Report Along with payment affidavits from each Broward County certified CBE subcontractor, subconsultant and supplier, if required by Contract.

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SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION

A. This Section includes administrative provisions for coordinating construction operations on Project and Requests for Information (RFI) from Contractor seeking interpretation or clarification of the Contract Documents. Additional instructions may be found in the BCF 170.

1.2 COORDINATION

A. Coordination: Coordinate construction operations included in different sections of the Project Manual to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.

2. Coordinate installation of different components with subcontractors and other County contractors or to ensure maximum accessibility for…

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