19-Attachment A- Special Conditions Misc R3M Constr Contract 11.pdf

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SPECIAL CONDITIONS

R3M MISCELLANEOUS FACILITIES CONSTRUCTION TERM CONTRACT 11

SECTION 1- GENERAL

1.01 SCOPE: These specifications modify or supplement the Contract Terms and Conditions and other provisions of the

Contract Documents. To the extent such provisions are not modified or supplemented herein; all provisions remain in full force and effect.

1.01.1 It is anticipated that the work to be performed under this Contract will include up to moderately complex construction and renovation required by the County at any of its various facilities and sites. The work may include, but will not be limited to the following types of work:

- Interior building repairs and renovations

- Re-roofing

- Exterior building repairs and renovations

- Site work/utilities/landscaping

- Electrical/mechanical/plumbing work

- Special construction

1.01.2 The Contractor shall furnish all labor, materials, and equipment for the accomplishment of all work as described in the

Specifications, as shown on Plans if provided, and as directed by the Project Manager in accordance with the expressed or obvious intent of the Contract.

1.01.3 This contract is not intended to be used for major road construction or major utility infrastructure systems. However, the work may include improvements within road right of way, such as driveways, utility connections, access roads, turn lanes, traffic controls, etc.

1.02 PURPOSE AND INTENT: The purpose of these specifications is to describe the requirements of the Hillsborough County Facilities Management Services Department, for a competitively bid, undefined quantity, term contract for R3M MISCELLANEOUS FACILITIES CONSTRUCTION TERM CONTRACT 10 as described herein. Any work authorized under this term contract will be ordered only on an "as needed" basis.

1.02.1 The Contractor will perform work under Work Orders which will generally range from $10,000 to $150,000 in value.

Notwithstanding these thresholds, the County may require the Contractor to perform Work Orders, or revisions thereof, under $10,000 or in excess of $150,000

1.02.2 Work Order may include work at various locations. The Contractor is expected to work on multiple Work Orders concurrently. Therefore, Contractor must provide proper staffing and supervision to meet the quality and schedule requirements of multiple locations and multiple Work Orders.

1.03 AUTHORIZATION OF WORK: No work may be authorized against this term contract except as authorized by a Work Order issued by the Director or designated representative of the Facilities Management & Real Estate Services Department or by the Director or designated representative of the Department initiating/managing the project which is the subject of the Work Order. Work Orders will be issued on an as-needed basis. The Contractor is not authorized to proceed with, and will not be compensated for, any work whatsoever that is not authorized by written Work Order issued by the appropriate official as described herein.

1.03.1 COMPLIANCE WITH SECTION 255.20 FLORIDA STATUTES. Each Work Order shall comply with Section

255.20, Florida Statutes, as amended. Any Work Order exceeding the applicable threshold established pursuant to this Section including any adjustments, shall be issued only if the Work Order complies with the competitive award requirements or qualities for an applicable statutory exemption. Such Work Order shall require prior approval of the Director responsible for that department and prior approval of the Director of Procurement Services.

1.04 WORK ORDER AUTHORIZATION PERIOD: The Work Order Authorization Period (period during which the County is entitled to issue Work Orders) will commence on the date specified in the Contract Commencement Notice (see Exhibit A, attached). The Work Order Authorization Period will expire on the fourth anniversary of the Contract Commencement Notice or when the actual authorized work equals the awarded Contract amount, whichever occurs earlier. The Contract itself will expire upon the completion of all authorized work.

1.04.1 Contractor's bid price, i.e., multiplier, shall remain firm during the entire contract period, including the renewal period, if any.

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1.04.2 If the County exercises its option to renew the contract, and during the renewal period the Contractor refuses or otherwise fails to perform any of its obligations under the contract or fails to perform the work order work, the County reserves the right to take any or all of the following actions:

1. Obtain the work order services from another contractor; and/or

2. Terminate the contract; and/or

3. Debar the Contractor from bidding for a period of up to 24 months; and/or

4. File a claim against the performance bond.

1.05 UNIT PRICE SCHEDULE/USE OF MEANS COST DATA: The contract awarded hereunder will be a unit price contract based on the RSMeans online (rsmeansonline.com) internet-based construction estimating system. The entire database of the internet system is available for use, with the exception of the GENERAL REQUIREMENTS items as listed in 1.06.3. The following settings for the internet estimating system shall be used during the entire contract period, including the renewal period(s), if any.

Cost Data: Any available Online Master Format: 2018 Type: Unit Cost or Assembly Cost only Location: National Average Measurements: English Data Release: The year in which the Work order is Approved. Quarterly updates to the system are not permitted.

Labor Type: Automatic per Cost Book selected.

1.05.1 Since the National Average Line items contain overhead and profit the mark up percentage lines should be set to zero.

The standard estimate reports generated by the system will be acceptable as submittal documents for the issuance of Work Orders.

1.05.2 Bidders shall provide a multiplier within their Bid Proposal, expressed to the third decimal place. If the third decimal place is not indicated, it shall be assumed to be zero. The multiplier shall be applied to the individual unit prices for work in place (i.e., the price indicated under column marked "TOTAL INCL O & P") contained in the RSMeans database for the purpose of preparing a proposal and Work Order for a specific project under the Contract. Material, labor, equipment, and overhead & profit are included in the individual unit prices

1.05.3 Only the line item unit costs and assemblies unit costs contained within RSMeansonline.com shall apply. Division 1, General Requirements shall not apply except for the following items, when applicable:

i) Surveying

ii) Photographs

iii) Testing

iv) Temporary Utilities (only when existing utilities are not available) v)Scaffolding

vi) Barricades

vii) Fencing

viii) Field Offices & Sheds

ix) Equipment Rental (only when not included in individual unit price)

1.05.4 All other General Requirements, Notwithstanding the above, the County recognizes that there may be some severe situations which may require the inclusion and negotiation of additional General Requirement line items within a Work Order. These will be determined by the Project Manager on a case-by-case basis.

1.05.5 The Means line items shall be used that most closely match the scope of work and/or construction documents as deter-mined by the Professional and/or Project Manager.

1.05.6 The bidders' multiplier shall be represented as a net decrease from the unit prices listed in the Means Cost Data. An example of a decrease from the prices in the Means would be "0.914". Multipliers submitted more than .999 will be rejected.

1.05.7 How the multiplier will be utilized:

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Example: Suppose the Contractor’s multiplier is 0.914; 600 SF of 1/2" thick gypsum drywall, fire rated, finished ceiling screwed to joists are required. Using Means Facilities and Commercial Renovation/ Repair and Remodeling Cost Data the applicable Means Item would be 092910300300, which unit cost (TOTAL INCL O&P) is $.83 per SF. Therefore the cost for 600 SF would be 600 X $.83 X 0.914 = $455.17

1.05.8 The multiplier indicated in the Bid Proposal will be the basis for selecting the bidder and for calculating cost of Work

Orders. Bidders are cautioned against predicating their multiplier on an assumed scope of work or estimated quantities.

The amount of award represents only the upper dollar limit beyond which no further work shall be ordered, except as may be approved by the Board through Change Order. It is not known how much or how little work will be ordered during the term of this contract.

1.05.9 In those instances where the County has determined that the Means pricing is unreasonably high, the County and the Contractor shall negotiate a lower price in accordance with Contract Terms and Conditions.

1.05.10 The Contractor acknowledges that the actual value of Work Orders may be significantly less than the total award amount and agrees that it will not make any claims for damages or for loss of profits because of a difference between the award amount and the actual amount of Work Orders authorized.

1.05.11 Payment shall be based on the Work Order(s) authorized and the actual construction work performed by the Contractor.

1.06 BID PRICE/MULTIPLIER: The Contractor’s multiplier must contain all cost items in amounts deemed sufficient by the Contractor for all overhead, profit, taxes (including sales taxes), performance & payment bonds, insurance, minimal design, shop drawings, estimating, engineering and drafting support, administrative support, superintendent, maintenance of traffic, progress meeting expenses, contract start up and closeout costs, required computer equipment/supplies, Jessica Lundsford Act screenings, software subscriptions or licenses, warranties/guarantees and all contingencies and risks associated with this contract. The contractor is hereby notified that no other amounts will be paid in excess of the multiplier provided with the Bid Proposal. There will be no reimbursement for Performance and Payment Bond or Insurance Requirements.

1.07 BASIS FOR AWARD AND CONTRACT PRICE: Bid pricing will be on the basis of the multiplier provided with the Bid Proposal. The County may select three (3) qualified contractors for award on this solicitation for the following amounts:

MAXIMUM AWARD AMOUNT

Responsive & responsible bidder with the lowest multiplier: $6,000,000 Responsive & responsible bidder with the second lowest multiplier: $5,500,000 Responsive & responsible bidder with the third lowest multiplier: $5,000,000

Note: Multipliers submitted more than .999 will be rejected.

1.07.1 The amount of award referenced in the above statements is defined as the upper dollar limit beyond which no further work may be authorized without additional approval of the Board of County Commissioners. Specifically, the amount of award shall not be construed as indicating the actual value of work anticipated by the County under this Contract.

To the contrary, the actual value of work to be authorized will not be determined until the time of need for that work occurs and may be significantly less than the amount indicated in the award.

1.07.2 Any references in this bid package to "Contractor" or "Contract" shall be construed to apply individually to the selected contractor and/or the respective contract to which it is a party.

1.07.3 The County does not guarantee awarding a contract. Additionally, the County reserves the right to reject any or all bids where, in the opinion of the County, the proposed multiplier is excessively high or otherwise where award would not be in the County's best interest.

1.08 SIMILAR WORK BY OTHER CONTRACTORS: Award of this term contract to a particular contractor shall impose no obligation on the County to utilize that contractor for all work of this type which may develop during the period of this contract. This is not an exclusive contract. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such to be in its best interest.

1.09 AUTHORIZED CONSTRUCTION DAYS: It is anticipated that this contract may include projects (Work Orders) of both shorter and longer duration. Prior to issuance of a particular Work Order, the Project Manager and the

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Contractor will mutually agree as to a fair and reasonable anticipated number of days necessary to complete the pending Work Order. Once this number of days has been determined and mutually agreed to, it will be indicated within the Work Order. Failure by the Contractor to complete the Work Order work by the respective milestones as indicated in the Work Order, excluding circumstances that are beyond the control of the Contractor, shall entitle the County to assess liquidated damages per calendar day of delay, as indicated in the following article.

1.10 PRICING OF WORK ORDERS: The RSMeansonline.com and the Contractor's multiplier provided with the Bid

Proposal, shall serve as the basis for establishing the value of the work to be performed on a unit price basis.

1.10.1 Pricing of Work Orders shall be accomplished by multiplying the appropriate unit prices times the quantities of each line item required for the Work Order, to arrive at a maximum pay quantity for that line item; all such line item pay quantities shall be added and then multiplied by the Contractor's multiplier to arrive at the maximum Work Order cost.

1.10.2 After a Work Order has been issued to the Contractor, it may be increased only for additional work or changes in scope beyond that shown in the scope of work and construction documents as determined by the Project Manager. It shall be the Contractor's responsibility to advise the County and obtain a revised Work Order as prior approval for additional work beyond that specified in the Work Order and construction documents.

1.11 PROCEDURE FOR DEVELOPMENT OF PRICE PROPOSAL/EVALUATION OF PROPOSAL AND

ISSUANCE OF WORK ORDERS:

1.11.1 Upon identifying the need for work or a project to be performed under this contract, the Project Manager and the Professional, if any, or other designated staff person, will notify Contractor for scheduling an on-site visit to review and finalize the scope of work.

1.11.2 If required, Contractor may request for additional on-site visits for obtaining Contractor’s subcontractor(s) pricing.

1.11.3 Contractor's Work Order Proposal:

1.11.3.1 Contractor shall submit to the Project Manager a preliminary Work Order proposal. Contractor shall provide appropriate back up for its preliminary proposal such as subcontractor pricing, shop drawings/sketches, schedule, and any other information requested by the Project Manager or Professional. The Contractor shall ensure that its preliminary cost proposal is complete using the applicable drawings/specifications and standards included therein.

1.11.3.2 The Contractor shall submit its preliminary proposal to the Project Manager, or designated representative, who will evaluate the proposal. The Contractor shall, upon request, meet with the Project Manager and/or Professional to review the submitted proposal and shall, at the Project Manager's request, enter negotiations to develop an agreed upon price and schedule fully supported by complete back up documents. The Contractor shall submit a revised preliminary proposal, if necessary.

1.11.3.3 After the preliminary proposal or revisions thereof have been conceptually accepted by the Project Manager, the Contractor shall provide a detailed cost proposal.

1.11.3.4 The Contractor's detailed cost proposal shall be in a standard format to be provided by the Project Manager. The detailed cost proposal shall list line items from the appropriate RS Means Cost Data with the quantities required for the work along with any Non-Priced Items, supported by the appropriate documents and permit allowance, if applicable. The cost proposal shall itemize each part of the project scope, including the appropriate Means division, item number, description, units, quantity, cost per unit and extended total for each line item. The Work Order total shall be obtained by applying the Contractor's multiplier to the sum of extended totals.

1.11.3.5 The intent of the Contract is for the County to receive the lowest price for a Work Order. If in the opinion of the Project Manager, the Means pricing is determined to be too high for a Work Order, then the Contractor shall provide full cooperation in negotiating reasonable and competitive pricing that is lower than the Means pricing. In such negotiation, the Contractor shall obtain competitive subcontractor pricing, including pricing for work indicated as being self-performed by Contractor, and Contractor’s total overhead and profit shall be calculated as follows:

a) For work to be self-performed by Contractor, no more than 10% of overhead and profit shall be allowed

b) For work to be performed by subcontractors, overhead and profit shall be 15% or less for work orders up to $125,000 in value and shall be 12% or less for work orders above $125,000 in value._________________________________________________________________________

c) Additionally, in the calculation of overhead and profit, the type of work shall be considered. Work orders with large equipment costs shall merit a lower overhead and profit.

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1.11.3.6 As part of the price proposal for a Work Order, the Contractor shall also provide the Project Manager with the following information.

1. Completed Contractor Project Cost Summary Report as provided by the Project Manager.

2. Identification of the Contractor’s superintendent who will supervise the work of the Work Order.

3. Identification of Contractor’s subcontractor(s) who will perform the work for the Work Order.

Once the Contractor identifies the superintendent and sub-contractor(s) for the work order, any changes to such shall require prior approval by the Project Manager.

1.11.4 After the detailed proposal (or revised detailed proposal) is found to be acceptable by the Project Manager, the Professional (if any) and the Department, a Work Order (Exhibit B) and Purchase Order may be processed for issuance to the Contractor, subject to approval by the appropriate authority. The Project Manager shall issue a Notice to Proceed with Work Order to the Contractor only after issuance of the Work Order and Purchase Order.

1.11.5 Costs for the preparation of Work Order proposals and supporting documentation will not be paid by the County.

1.11.6 The amount specified on an individual Work Order constitutes the total compensation payable to the Contractor for performing the specified work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Work Order price. The Work Order price may only be changed by written revision to the Work Order previously authorized. After a Work Order has been issued to the Contractor, it may be revised only for increase or decrease in work (or changes in scope) beyond that shown in the original Work Order scope and construction documents, as determined by the Project Manager. If, in the Project Manager's opinion, increase or decrease in work or changes to scope and/or time are required the Contractor must provide a proposal for the same.

The format for such proposal shall be in accordance with the original Work Order proposal. The Project Manager will review the Contractor's proposal and will process a revision to the Work Order, after review and approval by the Department.

1.11.7 If the Contractor desires to make a claim for a change in the price or time of an authorized Work Order, then any such claim shall be in writing and delivered to the Project Manager within fifteen (15) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Work Order price or time shall be subject to review by the Project Manager and the Department. Changes in the Work Order price or time can only be approved by an authorized revision to the Work Order.

1.12 DISPUTES REGARDING WORK ORDERS:

1.12.1 In the event the County and Contractor are unable to agree on a proposal, the County may reject the Contractor's proposal and not issue a Work Order or may issue a Work Order to another Contractor. Alternatively, the County may issue a Work Order adjusting the Contractor's proposal based on the County's evaluation of scope and quantities represented in the Contractor's proposal. If, in the Project Manager's opinion, additional unit price items or quantities are required to complete the project, a revised Work Order detailing the additional work will be processed. It shall be the Contractor's responsibility to notify the Project Manager, or his designated representative, if the additional quantities are likely to exceed the Work Order limit and obtain prior approval for the additional work.

1.12.2 In the event the County desires to change the scope of a Work Order and if the County and the Contractor do not arrive at a mutually acceptable increase or decrease in the Work Order price and/or schedule, the Project Manager may process a revision to the Work Order based on the County's evaluation of scope and quantities. If, in the Project Manager's opinion, additional unit price items or quantities are required to complete the project, a further revision to the Work Order detailing the additional work will be issued. The Contractor shall not use the lack of agreement on the revised price and/or schedule as a basis or cause to stop or otherwise delay the progress or completion of any of the work required pursuant to the Work Order or revisions thereof. All work shall be executed under the applicable conditions of the Contract Documents; however, the Contractor may reserve its rights to make a claim in accordance with CHANGES IN THE WORK; CHANGE OF CONTRACT PRICE; and CHANGE OF CONTRACT TIME of the Contract Terms and Conditions of the Contract.

1.12.3 If, after issuance of a Work Order, the Contractor refuses or otherwise fails to perform the Work Order work, the County reserves the right to take any or all the following actions:

1.Obtain the work order services from another contractor; and/or 2.Terminate the contract; and/or 3.Debar the Contractor from bidding for a period of up to 24 months; and/or

4. File a claim against the performance bond.

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If the Contractor believes there is good cause for not performing the requested Work Order work, the Contractor shall submit such information in writing along with its refusal to perform the work and may appeal an adverse decision to the Director of Facilities Management Services Department.

1.13 TIMELINESS OF SERVICES: Since the primary goal of work order contracting is the speedy acquisition of construction services, Contractor responsiveness in providing Work Order proposals and completing work under the terms of this contract is paramount. Because time is of the essence, failure by the Contractor to provide the proposal within a reasonable time as determined by the Project Manager (generally 2 weeks) shall be sufficient cause for the County to rescind the proposal request and assign it to a different Contractor or contract.

1.13.1 Upon receipt of a Work Order, the Contractor must commence the work and proceed in accordance with the Work Order schedule. The Work Order completion time shall not exceed the time specified in the Work Order Notice to Proceed.

1.13.2 In addition to assessment of Liquidated Damages, in the event of failure to provide timely services, the County reserves the right to obtain the work order services from another contractor; and /or terminate the Contract; and/or debar the Contractor from bidding for a period of 24 months; and/or file a claim against the performance bond. In addition, such failure by the Contractor may be considered when evaluating the Contractor for assignment of future work order proposals or award on future contracts of this type.

1.14 ALLOWANCE AUTHORIZATION TIME and WORK: Allowance Time and Work, as referenced in the

Contract Terms and Conditions, is not applicable to this Contract. Disregard any references in the Contract Documents to allowance time and work.

1.15 WORKING HOURS/WORK STOPPAGE:

1.15.1 Working Hours: Normal working hours are Monday through Friday, from 7 AM to 6 PM. The Contractor may be required to work weekends, early morning or evening hours in order to complete the Work Order work within schedule and/or to preclude disruption of the functioning of the building/ facility. Work performed outside of the normal working hours indicated above shall be coordinated in advance with the Project Manager and the facility user. The Contractor shall not be entitled to any type of monetary compensation, damages, claims, overhead, personnel costs, materials, equipment or expenses covering weekend, early morning or evening work.

1.15.2 Work Stoppage for Irritants: In addition to other reasons for work stoppage as indicated in the Contract Terms and Conditions, the Project Manager may stop the Work due to noise, fumes, dust pollution or other forms of irritants that may cause interference with the operations of the facility. The Contractor shall not be entitled to additional compensation due to stoppage of the Work

1.16 OVERTIME WORK: The Work Order will establish the milestone dates for the Work Order completion. The Contractor is responsible to complete the Work within the required milestone dates, using overtime work if necessary, at no additional cost to the County.

1.16.1 In the event, the County requires an unusually compressed schedule for a Work Order (as determined by the County), requiring mandatory overtime work, Contractor may be compensated for overtime labor, but only if negotiated and pre-approved by the County.

1.17 EMERGENCY/URGENT WORK: In the event of an emergency or urgent work, as identified by the Project Manager, the Contractor will be required to respond to the request of the Project Manager and mobilize within 24 hours of verbal notification, including weekends In the Failure to meet this contract requirement, the County reserves the right to obtain the work order services from another contractor; and /or terminate the Contract; and/or debar the Contractor from bidding for a period of 24 months; and/or file a claim against the performance bond.

1.17.1 The Contractor may be paid up to a maximum of an additional ten percent (10%) of the total Work Order amount for all emergency/urgent work. Only work specified by the Project Manager, prior to issuance of the Work Order, as being emergency/urgent work will be subject to payment for the additional amount. Emergency/urgent work must be identified as such on the approved Work Order.

1.17.2 Any work performed by the Contractor which is not specified as emergency/urgent work by the Project Manager and not identified as emergency/urgent work on the Work Order, will be considered standard work and only the Contractor's multiplier shall be applied.

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- END OF SECTION 1 –

SECTION 2- SUPPLEMENTARY SPECIAL CONDITIONS

2.01 CONTRACTOR QUALIFICATION/EXPERIENCE/LOCATION:

2.01.1 During bid review, at the request of Procurement Services, the Contractor must provide the County appropriate documentation pertaining to its qualification, experience, licensing compliance, superintendent, office location, etc., to demonstrate compliance with the requirements stated herein. Information that is inconsistent or is not verifiable will not be considered.

2.01.2 The Contractor shall be a licensed General Contractor or licensed Building Contractor who has satisfied all state and local requirements to be actively engaged in contracting. No other licenses will be accepted. At the time of the bid opening, Contractor must be certified with the Florida Construction Industry Licensing Board and must be registered in Hillsborough County prior to issuance of Notice of Commencement of the contract. The Contractor’s license must remain current throughout the performance of the contract. A copy of the license may be provided with its bid. For each Work Order, the Contractor and its intended subcontractor(s) must be licensed appropriately to perform the work. In addition, the Contractor and/or its intended subcontractor(s) shall be approved applicators or shall be certified by manufacturers of products and equipment whenever required by the Construction Documents/Scope of Work per the specific Work Order.

2.01.3 Note: Individual experience of the Contractor’s/Bidder’s present or past personnel cannot be used to fulfill the Contractor’s experience or license requirements.

2.01.4 The Contractor shall provide a qualified superintendent with related experience for each Work Order. The superintendent shall be present at all times when construction work is being performed. Contractor's superintendent is not precluded from performing construction work, provided that this does not interfere with his supervisory responsibilities. Superintendent shall have authority to act in the Contractor’s behalf.

2.01.5 In order to execute multiple Work Orders efficiently and to provide expeditious responses for construction issues, the Contractor must maintain a properly staffed local office. The term “local” as applied herein means Hillsborough County and the four (4) adjacent counties, i.e., Pinellas, Pasco, Polk and Manatee.

2.02 CONTRACTOR’S SUPERINTENDENT/SUPERVISION OF WORK:

2.02.1 The Contractor shall be responsible for coordinating all the work of the contract. For each Work Order, Contractor shall always have a qualified superintendent present when construction work is being performed. The superintendent shall be an employee of the Contractor and shall have the authority to make decisions on behalf of the Contractor when needed. Contractor shall identify its superintendent to the Project Manager as part of their Work Order Proposal and any changes of Contractor’s superintendent will be subject to approval by the Project Manager.

2.02.2 Contractor’s superintendent shall be capable of effectively communicating with the Project Manager or Construction Inspector to immediately address concerns or questions relating to all work. All Subcontractors of the Contractor shall be properly supervised at all times.

2.02.3 If, in the Project Manager’s opinion, the Contractor or Superintendent is not supervising work as required by this contract, Director of Facilities Management Services Department will have the option of suspending further issuance of work orders to the Contractor.

2.03 CONTRACTOR'S INPUT DURING DESIGN: At the request of the Project Manager, the Contractor shall provide input during the design process and assist in determining the best and most appropriate materials and methods to meet the needs of the County and the individual project.

2.04 CONTRACTOR'S REVIEW OF SCOPE OF WORK: Contractor shall review and understand the construction documents and all conditions of work thoroughly prior to providing a Work Order Proposal. The work shall be fully integrated and coordinated as a whole in order to provide a complete operational project. All questions or perceived inconsistencies in the work shall be brought to the attention of the County in writing by the Contractor prior to providing the Proposal.

2.05 BUILDING DESIGN GUIDELINES FOR HILLSBOROUGH COUNTY:

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Contractor shall adhere to the current Building Design Guidelines for Hillsborough County. Contractor shall not deviate from these guidelines without first receiving written authorization from the Project Manager. Contractor will be provided a current copy of the Building Design Guidelines and any subsequent revisions when they apply.

2.06 CONTRACTOR'S INSPECTION OF EXISTING CONDITIONS:

2.06.1 Prior to submitting a Work Order Proposal, the Contractor is required to visit the site. It is the Contractor's responsibility to carefully examine the site of the work and to make all investigations to thoroughly inform themselves to all difficulties involved in the completion of all work required for the specific Work Order. No pleas of ignorance of conditions or difficulties that may exist prior to issuance of a Work Order or of conditions or difficulties that may be encountered in the execution of the work pursuant to a Work Order as a result of the Contractor's failure to make necessary and reasonable examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Work Order, nor will they be accepted as a basis for any claim for extra compensation or for any extension of time.

2.06.2 The construction documents to be provided to the Contractor for Work under this Contract will generally describe the new construction work required. The construction documents are not intended to describe or reflect existing constraints and site conflicts which the Contractor must work around. It will be the Contractor's responsibility to determine these conditions through site inspections and investigations.

2.06.3 The Contractor will be provided access to the site(s) prior to submittal of its proposal(s). Prior to submitting its proposal(s) the Contractor must bring to the Project Manager's attention any questions that the Contractor may have regarding the site conditions.

2.07 IDENTIFICATION OF PROFESSIONAL:

2.07.1 Various professionals are expected to be used for this Contract. The Professional, for each Work Order will be identified during negotiation.

2.07.2 Within the Contract Documents, the words "Professional", "Engineer," "Architect," "Architect/Engineer" or "Consultant," are all used to refer to the Professional or its sub-consultant. The Project Manager may assign the Professional additional responsibilities which are normally provided by the Professional as part of his basic services.

2.08 COUNTY OCCUPANCY/RESTRICTION OF CONTRACTOR'S ACCESS:

2.08.1 Full Occupancy: Generally, the County will occupy the site and existing building during the entire construction period. The Contractor shall cooperate with the County and the users during construction operations to minimize conflicts and facilitate County usage. The Contractor must notify the Project Manager in writing of any work or activity that would affect the site and building operations.

2.08.2 The Contractor shall keep driveways and entrances serving the premises clear and available to the County and the public at all times and shall not use these areas for parking or storage of materials. The contractor shall schedule deliveries to minimize space and time requirements for storage of materials and equipment on site.

2.08.3 The Contractor shall confine operations to areas within construction limits. Portions of the premises beyond areas in which construction operations are indicated are not to be disturbed.

2.08.4 Use of Building and Site: The Contractor shall confine its activities to the area made available for construction in the vicinity of the existing building. The Contractor must not block any driveway access or parking for the facility on the site. Use of building interiors for purpose of storing and transferring of construction material will generally not be permitted. Any outside staging/storage area for use by the Contractor must be approved in advance by the Project Manager.

2.09 COORDINATION/SEQUENCE OF WORK:

2.09.1 The Contractor shall schedule and perform the work in such a manner as to result in the least possible disruption to normal operation of existing facilities.

2.09.2 The Contractor shall coordinate all of its work and the work of its suppliers and subcontractors. The Contractor shall also coordinate the work with the existing facility's utility, electrical, mechanical, life safety, structural systems and with any other contractor performing work in the facility.

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2.09.3 The Contractor shall also coordinate the work with the Project Manager, and all building Users.

2.10 PROTECTION OF EXISTING FACILITIES/REPAIR AND RESTORATION OF ALL DISTURBED

WORK:

2.10.1 Contractor shall be responsible for protecting the building, its contents and components from any damages associated with the work throughout the period of construction. The Contractor shall take all necessary precautions to protect the building, its occupants, and the public during the construction period. The Contractor shall protect all existing surfaces and material and building exterior and interior from damage by weather and construction activities.

2.10.2 Contractor shall be responsible for the repair and restoration of all surfaces, materials or equipment items including, but not limited to pavement, landscaping, grass, exterior building items, ceilings, walls, access panels, mechanical/electrical items, etc., which may be disturbed or moved by the Contractor during construction. The items must be restored to their pre-construction condition and to the satisfaction of the Project Manager and at no additional cost to County.

2.10.3 The buildings will generally be fully occupied during the entire project; therefore, the Contractor is to take proper precautions during the entire project duration. Also, the Contractor shall observe the following:

i) The Contractor shall ensure that the entire interior of the building be kept water-tight and protected from any water intrusion during the entire project.

ii) The Contractor shall be responsible for protecting the building's mechanical, electrical and data systems during construction activities.

2.10.4 It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered during construction and to ensure that such utilities or other improvements are adequately protected from damage due to such construction operations. Contractor shall take all possible precautions to ensure uninterrupted utility service.

2.10.5 If applicable, Contractor shall verify the plenum space above the ceiling to become familiar with existing conditions of all communication and electronic cable wires, etc. Contractor shall not cut off or cause any damage to wires or cable system during above-ceiling work. Any damage caused by work of Contractor or its subcontractor shall be repaired immediately at no cost to the County.

2.11 SAFETY/SECURITY:

2.11.1 Safety/Security: Since the building/facility may be operational during the work, the Contractor shall observe special precautions to ensure the safety and security of the occupants and the building/facility. The Contractor shall follow all applicable OSHA guidelines and regulations. All work shall be accomplished by skilled workers familiar with and trained for the type of work and shall be further qualified to operate or use the equipment and rigging needed to accomplish this work. All application tools and equipment shall be in good working order and suitable for proper application.

2.11.2 Job site safety is the Contractor's responsibility. Appropriate first aid facilities and supplies shall be kept and maintained by the Contractor at the site of the work. All persons within the construction area shall be required to wear protective helmets. In addition, all employees of the Contractor and its subcontractors shall be provided with, and required to use, personal protective and lifesaving equipment as set forth in Subpart E of the OSHA Standards for Construction (29 CFR 1926).

2.11.3 The Contractor shall enforce strict discipline on activities related to generation of wastes and noise, pollution of air/water/soil, and similar harmful or deleterious effects which might reasonably irritate persons or violate regulations at or in vicinity of project site.

2.11.4 It is the Contractor's responsibility to schedule all work around the above parameters. Any variation must be requested, in writing, 48 hours in advance and approved, in writing, by the Project Manager.

2.11.5 The Contractor must take all precaution to provide for security of its materials and equipment from possible damage/ theft and to protect the public and building occupants from construction related activities. It is the Contractor's responsibility to provide suitable barricades to protect the occupants from possible hazards related to the construction process. No additional cost will be paid to the Contractor for the provision of safety and security measures.

2.11.6 Jessica Lunsford Act Provisions: Non-instructional school district employees or contractual personnel who are permitted access to school grounds when students are present must meet Level 2 screening requirements as described

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in s.1012.32FS and s.1012.465FS. The Act focuses primarily on increasing measures used to monitor sexual offenders and predators. However, part of the Act is specifically related to individuals with access to school district campuses. Hillsborough County Children Services, Hillsborough County Head Start and Hillsborough County Parks have adopted this policy.

2.11.7 Contractual personnel shall include any vendor, individual, contractor, sub-contractor or entity under contract with the School Board or Hillsborough County who work or may work in a child occupied area or space. The CONTRACTOR shall pay all costs associated with meeting Level 2 requirements. Be advised that this process may take up to 30 days to complete.

2.12 ENVIRONMENTAL CONTROLS:

2.12.1 Noise/Dust Environmental Pollution: The Contractor shall keep the generation of noise sources to a minimum. In cases where the Contractor will generate dust or other pollutants, adequate barriers and ventilation are to be provided to minimize their dispersion. The Contractor shall keep the Project Manager advised of work to be done and the amount of pollution to be expected. Contractor shall ensure that proper ventilation equipment be utilized during the application of any paint or noxious cover material and that such application shall take place in a safe manner and, if necessary, outside of normal working hours.

2.12.2 Trash Removal: The Contractor shall be responsible for removing daily all his construction related trash from the building or clean-up prior to next business hours for occupied areas in keeping with safe construction site practices.

Existing trash dumpsters for the building(s)/facilities solid waste shall not be used for Contractor’s construction debris.

2.13 TEMPORARY UTILITIES/FACILITIES:

2.13.1 The Contractor may use existing electrical power and water for construction, if available. Contractor shall coordinate with County Project Manager and on-site user representative for use of any utilities. If on-site power and water is not available, the Contractor shall be responsible for providing and paying for all such temporary utilities.

Contractor shall be responsible for making all necessary connections to temporary utilities in a safe and proper manner and for returning all utilities to their original state.

2.13.2 The County will generally allow the Contractor the use of its restrooms within existing buildings, if available. Any area used by Contractor shall be maintained clean and free from any construction debris or dust and in a sanitary condition. The Contractor shall clean all surfaces used by the Contractor, his suppliers and subcontractors, otherwise cost of cleaning shall be passed on to the Contractor. If on-site restrooms are not available, Contractor shall be responsible for making arrangements for temporary restrooms for its personnel.

2.13.3 Telephone/Communications: During the entire Work Order Authorization Period, the Contractor and his superintendent shall be available for communication by telephone or cellular telephone. Contractor's business office shall be available at all times for communication by telephone, e-mail and FAX.

2.13.4 The Contractor shall coordinate with the Project Manager and existing building occupants the locations for its parking during construction. If parking is not available on site, the Contractor shall pay for and make its own arrangements for parking during construction.

2.13.5 Contractor shall make arrangements for its own storage as necessary. County will not generally identify any storage area within the building for the Contractor's use. During pre-construction meeting, the County may identify outside and inside limited storage areas for Contractor's use.

2.13.6 Storage conditions shall be acceptable to the County for all materials and equipment not incorporated into the work but included in Application for Payment. Such storage arrangements and conditions shall be presented in writing for County's review and approval and shall afford adequate and satisfactory security and protection. Off-site storage facilities shall be accessible to the Project Manager. The stored materials shall be insured for full value. Certificates of liability insurance coverage must be submitted to the Project Manager with the request for payment by the Contractor. All arrangements and cost for storage facilities shall be paid by the Contractor.

2.14 TESTING:

2.14.1 Unless specifically stated otherwise in the scope of work for a Work Order, all testing required to establish compliance with the contract documents will be made by Contractor, or if required by the construction documents, by a qualified independent testing agency retained and paid by the Contractor and approved by the County.

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2.15 QUALITY CONTROL:

2.15.1 Site Investigation and Control

i) Contractor shall check and verify all dimensions and conditions in the field continuously during construction. Contractor shall be solely responsible for any inaccuracies built into the work due to Contractor's failure to comply with this requirement.

ii) Contractor shall inspect related and appurtenant work and report in writing to Project Manager any conditions which will prevent proper completion of the work. Failure to report any such conditions and any required removal, repair, or replacement caused by unsuitable conditions shall be performed by the Contractor solely and entirely at Contractor's expense.

2.15.2 Inspection of the work

i) All work performed by the Contractor shall be inspected by the Contractor and nonconforming work shall be noted and promptly corrected. The Contractor is responsible for the work conforming to the Construction Documents.

ii) The work shall be conducted under the general observation of the Project Manager and is subject to inspection by representatives of the County to ensure compliance with the requirements of the Construction Documents. Such inspection may include mill, plant, shop, or field inspection as required. The Project Manager, Professional, or any inspector(s) shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated.

iii) The presence of the Project Manager, Professional, or any inspector(s), however, shall not relieve the

Contractor of the responsibility for the proper execution of the work in accordance with all require-ments of the Construction Documents. Compliance is the responsibility of the Contractor. No act or omission on the part of the Project Manager, Professional or any inspector(s) shall be construed as relieving Contractor of this responsibility. The County may accept non-conforming work when adequate compensation is offered and it is in the County's best interest as determined by the County.

2.15.3 Time of Inspection and Tests

i) Sample and test specimens required under the Construction Documents shall be furnished and prepared for testing in ample time for the completion of the necessary tests and analyses before said articles or materials are to be used. Performance of the required tests will be by an independent testing company approved by the County and all costs therefore will be borne by the Contractor. Whenever the Contractor is ready to cover, or otherwise hide any work, the Project Manager shall be notified not less than 24 hours in advance with a request for inspection. No such work of covering shall begin before the 24 hours in advance of any required inspections shall be reasonable cause for the Project Manager to order sufficient delay in the Contractor's schedule to allow time for such inspection. The costs of any remedial or corrective work required, and all costs of such delays, including its impact on other portions of the work, shall be borne by the Contractor. work performed by the Contractor shall be inspected by the Contractor and nonconforming work shall be noted and promptly corrected. The Contractor is responsible for the work conforming to the Construction Documents.

2.15.4 Sampling and Testing

i) When not otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered. However, the Project Manager reserves the right to use any generally accepted system of inspection which, in the opinion of the Project Manager will ensure the Project Manager that the quality of the workmanship is in full accord with the Contract Documents.

ii) The County shall reserve the right to make independent investigations and tests as specified in the following paragraph and failure of any portion of the work to meet any of the qualitative requirements of the Contract Documents, shall be reasonable cause for the County to require the removal or correction and reconstruction of any such work.

iii) In addition to any other inspection or quality assurance provisions specified by the County, additional test specimens of tests and analyses may be considered by the County to determine compliance with the applicable specifications for the materials so tested or analyzed provided that wherever any portion

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of the work is discovered, as a result of such independent testing or investigation by the Project Manager, which fails to meet the requirements of the Contract Documents, all costs of such independent inspection and investigation and all costs of removal, correction, reconstruction, or repair of any such work shall be borne by the Contractor.

2.15.5 Right of Rejection:

i) The Project Manager or designated…