2025-4-10_9509_BayPoint-ChillerReplacement-Specs-Stamped.pdf

Pinellas County Schools

Bay Point Elementary School Chiller Replacement Project

PCS Project No. 9509

Project Manual

Bid Documents

April 8, 2025

BCER Project #132324002.00

Pinellas County Schools 00 01 10 Table Of Contents

Facility Name: Bay Point Elementary School

PCSB Project No.: 9509

Issued: 5/2016 Revised: 2/11/25

Specification Section

Description Date Issued/Revised

00 01 00 Bid Specifications 5/6/19

01 23 00 Alternates 3/20/25

23 05 10 Basic Requirements for HVAC 2/5/25

23 05 19 Meters and Gauges 2/5/25

23 05 29 Hangers Supports and Anchors for HVAC Piping 2/5/25

23 05 48 Vibration Control 2/5/25

23 05 53 HVAC Piping Valves and Equipment Identification 2/5/25

23 05 93 Testing, Adjusting and Balancing for HVAC 2/5/25

23 07 00 Mechanical Insulation 2/5/25

23 08 01 Testing of HVAC Piping 2/5/25

23 09 23 Direct Digital Control System for HVAC 2/5/25

23 21 13 Hydronic Piping 2/5/25

23 21 23 HVAC Pumps 2/5/25

23 65 00 Cooling Towers 2/5/25

23 67 00 Refrigerant Detection and Alarm 2/5/25

26 05 05 Electrical Demolition for Remodeling 2/5/25

26 05 10 Basic Electrical Requirements 2/5/25

26 05 19 Building Wire and Cable 2/5/25

26 05 26 Grounding and Bonding 2/5/25

26 05 29 Supporting Devices and Seals 2/5/25

26 05 33.13 Conduit and Raceways 2/5/25

26 05 33.16 Boxes 2/5/25

26 05 53 Electrical Identification 2/5/25

26 27 16 Cabinets and Enclosures 2/5/25

26 28 16 Disconnect Switches 2/5/25

26 29 13 Enclosed Motor Controllers 2/5/25

END OF SECTION

DIVISION 26

4/7/2025

DIVISION 23

Pinellas County Schools 00 01 10 Table Of Contents

Pinellas County Schools 00 01 00 Bid Specifications

SPECIFICATIONS

FOR

PROJECT TITLE: Chiller Replacement at Bay Point Elementary School

FACILITY: Bay Point Elementary School

PROJECT NUMBER: 9509

PROJECT LEADER: Doug Schoel, PE

PHONE NUMBER: (727) 547-7284

FAX NUMBER: (727) 547-7227

PA/E NAME: BCER Engineering

PA/E ADDRESS: 1901 Ulmerton Road, Suite 625-033

Clearwater, FL 33762

PA/E PHONE NUMBER: 727.800.7315

PA/E FAX NUMBER: 303.422.7900

The School Board of Pinellas County, Florida, prohibits any and all forms of discrimination and harassment based on race, color, sex, religion, national origin, marital status, age, sexual orientation or disability in any of its programs, services or activities.

DIVISION 1 - GENERAL CONDITIONS

Table of Contents

1.1 SCOPE OF WORK

1.2 QUALIFICATIONS OF THE BIDDERS

1.3 CONTRACT PERIOD

1.4 LIQUIDATED DAMAGES

1.5 PROTECTION OF PERSONS AND PROPERTY

1.6 ADMINISTRATION OF CONTRACT

1.7 DEFINITIONS

A. THE OWNER

• THE OWNER'S ROLE:

B. THE PROJECT ARCHITECT/ENGINEER (PA/E)

• ROLE OF THE PROJECT ARCHITECT/ENGINEER (PA/E):

C. THE CONTRACTOR

• THE CONTRACTOR’S ROLE:

D. DEPARTMENT OF EDUCATION (DOE)

E. RULE - STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES (SREF) 15

F. SUBSTANTIAL COMPLETION

G. CLOSE-OUT DOCUMENTS

H. PUNCH LIST

I. CHANGE ORDER

J. CONSTRUCTION CHANGE DIRECTIVE

K. CONTRACTOR’S AGREEMENT

L. SUB-CONTRACTOR

M. PROJECT LEADER

1.8 TERMINATION OR SUSPENSION OF CONTRACT

1.9 INDEMNIFICATION

1.10 INSTRUCTION TO BIDDERS

A. CONTRACT DOCUMENTS

B. BIDDER'S PRESENTATION

C. INTERPRETATION OF CONTRACT DOCUMENTS

D. SUBSTITUTIONS

E. MATERIALS

F. PERMITS, PERMIT FEES, LAWS, ORDINANCES

G. COORDINATION WITH BEGINNING OR CONTINUING SCHOOL OPERATIONS 22

H. DEMOLITION

1.11 ASBESTOS ABATEMENT

1.12 PRE-BID CONFERENCE

1.13 PRE-CONSTRUCTION CONFERENCE

1.14 NOTICE TO PROCEED, EFFECTIVE DATE OF INSURANCE AND BOND COVERAGE 25

1.15 STANDARD REQUIREMENTS

1.16 CONTRACTOR’S CONSTRUCTION SCHEDULES

1.17 SUBMITTALS & DOCUMENTION

1.18 PAYMENT

1.19 CONTRACTORS’ EMPLOYEE CONDUCT

1.20 VENUE AND GOVERNING LAW

1.21 EMERGENCIES

1.22 TAGGED OR SALVAGEABLE PROPERTY AND DEMOLITION PRODUCTS

A. TAGGED PROPERTY

B. SALVAGEABLE PROPERTY

C. DEMOLITION PRODUCTS

1.23 CLEANING UP

1.24 CLOSE-OUT DOCUMENTS REQUIRED UPON COMPLETION (AND BEFORE FINAL

PAYMENT IS MADE)

1.25 WARRANTY

INDEX OF DOCUMENT FORMS

DIVISION 1 – GENERAL CONDITIONS

1.1 SCOPE OF WORK

A. Title of the Project: Chiller Replacement at Bay Point Elementary School

B. The Scope of Work to be performed under this project consists of furnishing all labor/ materials necessary to complete the removal and replacement of one (1) 460-ton water cooled chiller. Work includes disconnecting and reconnecting all chilled water and condenser water piping, DDC controls and associated electrical connections. Contractor shall install one (1) new owner-furnished water-cooled chiller and make all required, mechanical, electrical, and DDC connections. Update existing refrigerant leak detection and exhaust system to monitor refrigerant leakage of all refrigerants in use after the renovation work. Two existing induced draft open cooling towers shall be replaced with three new induced draft cooling towers. The condenser water piping serving the cooling towers shall be replaced with new. Two (2) existing condenser water pumps shall be replaced with new.

C. Alternate No.1: PCHPs. Remove and replace Primary Chilled Water Pumps PCHP-1

& 2 as indicated on Drawings M0.2, MD2.1, M2.1 & M5.1 and as specified in Section 232123 HVAC Pumps.

D. Alternate No.2: SCHPs. Remove and replace Secondary Chilled Water Pumps SCHP-1, 2 & 3 as indicated on Drawings M0.2, MD2.1, M2.1 & M5.1 and as specified in Section 232123 HVAC Pumps.

E. All work described in this bid document and drawings prepared by BCER Engineering.

Drawings can be obtained at www.opengov.com.

F. Dimensions on drawings shall be checked for accuracy by the Contractor. The Contractor shall determine exact dimensions for proper fit. Drawings shall not be scaled.

G. Bidders and all Sub-Contractors shall have the following qualifications:

1) It is mandatory that contractors bidding as prime contractors on projects for the Pinellas County School Board be currently qualified on the date of opening of bids as a Florida Licensed Mechanical Contractor. Contractor by providing a copy of their contractor’s license, a business license for this type of work, and the ability to meet the qualifications as specified in Section 1.2, “Qualifications of the Bidders”.

2) Sub-Contractors shall be licensed within their respective trade and meet the qualifications as specified in Section 1.2, “Qualifications of the Bidders”.

3) Upon the request of the Owner’s representative, furnish documentation of the following:

a) that this firm has available, or can obtain, adequate personnel, equipment and financial resources to undertake and execute the contract properly and expeditiously, in accordance with the plans and specifications, and in strict accord with recognized standard of quality workmanship;

http://www.opengov.com/

b) that this firm has a workable construction schedule with reference to number of manpower to be supplied, expected materials delivery dates, and construction techniques if necessary;

c) that this firm has a list of intended materials suppliers, including alternates which shall be subject for review and approval by the Owner.

H. The length of the contract shall be for 365 calendar days from the date of the Notice to

Proceed. This includes the installation and the ordering of the materials and products specified herein. This time stipulation is very explicit and is essential to the completion of the work specified.

I. The parties agree that it is impossible to determine actual damages resulting from failure to finish the work on time and therefore the Contractor agrees to pay the Owner, as liquidated damages, and not as penalty, a rate of $500 dollars per day for each and every calendar day elapsing between the time set forth in this section as modified by change order, construction change directive, or Contractor’s Agreement, and the actual date of substantial completion.

J. The Special Conditions for this project are as follows:

1) Project must be completed by August 1, 20226.

2) Coordinate all power, chilled water, etc. shutdowns with school personnel.

3) Coordinate all work times and overtime requests with school-based personnel and project coordinator.

4) Any work to be done before chiller shutdown is allowed if not affecting school A/C.

5) Add/Alternate Contingency: In addition to your bid, there shall be a $10,000 contingency. The contingency shall be a separate line item with no markup added to it. The purpose of the contingency is for defraying expenses due to unforeseen circumstances related to construction. The contractor shall be required to furnish documentation evidencing expenditures charged to the contingency with a 15% markup prior to written approval and release of funds by the owner. This contingency shall be part of the contract, and if not used, or partially used there shall be a deductive change order to reconcile the contract balance upon completion of the project.

6) Contractor shall arrange and coordinate scrap metal dumpster and flatbed trucks for chiller removal with Best Metal, (Leah) 727-524-2550. All recycled metal shall be the property of the owner. But the coordination of dumpster and truck delivery will be responsibility of contractor. All other demolished equipment will be the responsibility of the contractor to dispose of correctly.

7) Contractor responsible for removal and disposal of refrigerant. Owner does not want recovered refrigerant.

the owner. But the contractor shall coordinate when services will be required.

8) It is the responsibility of the contractor to coordinate startup of chillers, owner training of chillers, and when Owner provided Test and Balance services shall be performed.

9) Owner shall provide an asbestos study and removal of asbestos prior to contractor beginning work.

1.2 QUALIFICATIONS OF THE BIDDERS

A. Bidding Entity: Any sole proprietor, firm, partnership, or corporation submitting a proposal for the specified work.

B. The Bidding Entity shall hold all active licenses specified in Section 1.1, Scope of Work, prior to bid due date.

C. The Bidding Entity shall provide documented evidence of experience doing three major mechanical equipment replacement projects, including one chiller replacement project within the last five years. Projects provided as evidence with the Bidding Entity’s proposal shall be of comparable size and scope of work.

D. The Bidding Entity shall provide documented evidence of maintaining a business license under the same legal entity for a period of at least five (5) continuous years, unless otherwise specified in Section 1.1, Scope of Work, prior to the bid due date. “Legal entity” is defined as the same company, corporation, partnership, or sole proprietorship that is a successor-in-interest to the previous entity. In the case of a separate, successor-in-interest entity, that entity must have maintained a business license for a period of five (5) continuous years prior to this bid.

E. The Bidding Entity shall have a place of business for contact by the Owner during normal working hours on normal working days. Home operated businesses are permitted provided contact can be made as specified.

F. The Sub-Contractors shall provide documented evidence of experience doing chiller replacements, including two (2) projects within the last ten (10) years. Projects provided as evidence with the Bidding Entity’s proposal shall be of comparable size and scope of work.

G. Sub-Contractors used by the Bidding Entity are subject to review by the Owner. Sub-contractors shall provide evidence of work experience doing the (specified work from paragraph F), for a period of at least five (5) continuous years, and shall provide documented evidence of maintaining a business license under the same legal entity for a period of at least five (5) continuous years, unless otherwise specified in Section 1.1, Scope of Work, prior to the bid due date.

A proposed Subcontractor’s list shall be submitted with the Bidding Entity’s bid proposal.

If the Owner has a good and sufficient reason, the Sub-Contractor may be rejected, requiring an alternate Sub-Contractor, acceptable to the Owner, be used without additional cost to the Owner.

1.3 CONTRACT PERIOD

A. The length of the contract is specified in General Conditions, Section 1.1, Scope of Work.

B. If necessary, work may be performed after School or on weekends, as long as such activities are coordinated with the School Principal and approved by the Project Leader. If the overtime is for the convenience of the Contractor, it shall be charged to the Contractor at a rate equal to the School employee’s current hourly rate and a Change Order from the Contractor’s Purchase Order shall deduct the amount. When overtime is requested of School employees, the request shall be made to the Project Leader at least two (2) working days in advance.

C. All Special Conditions such as the availability of the specified work site, and completion of work are specified in General Conditions, Section 1.1 Scope of Work.

1.4 LIQUIDATED DAMAGES

Inasmuch as time is of the essence in the performance of this contract, failure to complete the project within the time agreed upon shall result in substantial injury to the Owner. It is hereby agreed to by all parties that if the project is not substantially complete on time the Contractor shall pay the Owner, as reasonable compensation for such delay, and not as penalty, a rate of as specified in General Conditions, Section 1.1, Scope of Work for each and every calendar day elapsing between the length of the contract specified therein, as modified by change order, construction change directive, or Contractor’s Agreement, and the actual date of substantial completion. It is further agreed that the Owner may deduct from the balance retained by the Owner, the amount of such liquidated damages incurred of such portion as the retained balance shall cover.

1.5 PROTECTION OF PERSONS AND PROPERTY

A. The Contractor and PA/E shall be responsible for reviewing the Asbestos Management Plan with the Owner prior to initiation of work.

B. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the contract.

C. All property of the Owner including but not limited to curbs, driveways, sidewalks, planters, play courts, drainage structures, manholes, and underground piping, shall be assumed to be in sound undamaged condition at the beginning of this construction contract. All such items shall therefore be left in a corrected or reconstructed to a sound undamaged condition by the Contractor at his own expense unless, before work commences, he/she identifies to the Owner's Representative and the PA/E that such items were damaged prior to commencing construction. Such previously identified items shall be recorded in writing to both parties, together with copies of photographs made by the Contractor (as may be practical), prior to beginning of construction.

D. When use or storage of hazardous materials or equipment or unusual methods is necessary for execution of the work, the Contractor shall exercise utmost care and shall carry on such activities under supervision of properly qualified personnel. No explosives shall be used or stored on the site.

E. The Contractor shall be fully and solely responsible (accepting the liabilities and responsibilities of his/her Sub-Contractors are not hereby eliminated) for all matters of safety of person and property arising from this contract.

Neither the PA/E nor the Owner or any of their representatives or employees are to be assumed to have any role of responsibility of matters of safety except they (including the PA/E, School Principal or Facility Director) shall have the authority to order stopping of a portion of the work which they notice may endanger students, faculty, School District employees or the public, or employees of the Contractor or Sub-Contractors. However, safety shall not be their responsibility but shall be solely the responsibility of the Contractor.

F. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

1) Employees on the work site and other persons who may be affected thereby;

2) The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Sub-Contractors or Sub-Sub-Contractors; and

3) Other property at the site or adjacent hereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

G. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

H. The Contractor shall erect and maintain, as required by existing conditions and performance of the contract, or as identified by the PA/E reasonable safeguards for safety and protection, including but not limited to posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the owners and users of adjacent sites and utilities.

I. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the contract documents) to property caused in whole or in part by the Contractor, a Sub-Contractor, a Sub-Sub-Contractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts either of them may be liable, even though not directly attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under the Indemnification paragraph.

J. The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and PA/E.

K. The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety or to damage such.

L. The Contractor shall take all steps necessary to protect the students, faculty and general public from injury due to construction. Unsafe conditions, equipment, or work practices shall not exist at any time. Fences, signs and barricades shall be provided at Contractor’s expense to keep public and students away from the construction site. The Contractor shall not perform work when students are in the area, such as class period changes, activities, etc. Work causing interference with School classes or activities is to be halted until acceptable conditions exist. The Contractor shall coordinate with the School Principal, and shall make every attempt to move School activities away from the construction site. However, if this cannot be arranged, the class activity takes priority and the Contractor shall reschedule his work.

M. The Contractor is to provide OSHA-approved construction equipment, hand tools, power tools, ladders and scaffolding at all times. Equipment with safety defects is to be removed immediately from the construction site and work is not to be resumed until a safe condition exists.

N. Workers are to be properly trained and licensed for the job they are doing. The

Contractor or his supervisor/foreman shall be on the construction site at all times work is underway. Working foremen on jobs over $50,000 shall not be considered proper supervision, unless approved in writing by the Project Leader.

School Board Uniform Building Code Inspectors and Project Leaders have the authority to stop construction whenever, in their opinion, safe conditions do not exist.

1.6 ADMINISTRATION OF CONTRACT

A. The contract shall be administered by the School Board of Pinellas County, Walter Pownall Service Center, 11111 South Belcher Road, Largo, Florida 33773.

B. The School Board of Pinellas County shall designate the Project Leader/Liaison and

Inspector(s) as may be applicable.

C. The Project Leader shall have complete responsibility for the administration of the contract.

All clarifications, changes, questions and conflicts concerning the project shall be brought to the attention of the Project Leader for resolution and/or approval. The PA/E, if assigned, is the interpreter of all contract documents which he/she prepared.

1.7 DEFINITIONS

A. THE OWNER

The School Board of Pinellas County, Florida. The words OWNER, BOARD or SCHOOL BOARD may be used interchangeably.

• THE OWNER'S ROLE:

a) The Owner shall furnish information, services and decisions under the Owner's control with reasonable promptness.

b) The Owner shall make payments to the Contractor in accordance with the terms of this contract.

c) The Owner shall issue a “Notice To Proceed” form to the Contractor before moving onto the site of work.

d) The Owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated, or if the Contractor fails to correct the work or persistently fails to carry out the work in accordance with the requirements of the contract documents.

e) However, the right of the Owner to stop the work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or to any other person or entity.

f) The Owner shall have the sole authority to determine whether to modify the contract time completion date.

g) For projects for which there is no PA/E, the Owner shall perform the function of the PA/E.

B. THE PROJECT ARCHITECT/ENGINEER (PA/E)

The properly licensed individual or firm or entity practicing as a Registered Architect and/or a Registered Professional Engineer in Florida whose name, address, telephone and fax numbers are found on the cover page of this document.

• ROLE OF THE PROJECT ARCHITECT/ENGINEER (PA/E):

The role of the Project Architect/Engineer (PA/E) including services provided, duties, and responsibilities are defined in the agreement for Professional Architectural/Engineering services for this project and include but are not limited to:

a) The PA/E shall provide estimates of construction costs.

b) The PA/E shall review bid submittals for compliance with plans and specifications.

c) The PA/E will make periodic visits to the work site at intervals appropriate to the progress of the construction (or otherwise agreed to by the PA/E in writing).

Activities shall include but not be limited to the following:

(1) Attend the pre-construction conference,

(2) Prepare and print minutes of all meetings and distribute to the appropriate parties,

(3) Provide special inspections required by the Maintenance Department in accordance with the Contract documents,

(4) Review shop drawings for compliance with Contract documents,

(5) Attend job site meetings as dictated by the scope and size of the construction Project,

(6) Review applications for payment by the Contractor,

(7) Prepare change orders and/or field orders,

(8) Prepare punch lists, inspect completed work and edit punch lists as conditions warrant,

(9) Issue and sign Certificates of Substantial Completion,

(10) Issue and sign Certificates of Final Inspection,

(11) Review and approve project close-out documents.

d) The PA/E shall be the representative of the Board during the construction phase and shall advise and consult with the Board as to all phases of construction.

Instructions from the Maintenance Department or Board to the Contractor shall be forwarded through the PA/E.

e) The PA/E shall have authority to act on behalf of the Board only to the extent provided for in the Contract documents, unless otherwise modified by written mutual agreement.

f) The PA/E shall visit the site at intervals appropriate to various stages of construction and become generally familiar with the progress and quality of the work performed by the Contractor and to determine and advise the Board whether the work is proceeding in accordance with the Contract documents.

g) The PA/E shall review, approve, or take other appropriate action upon the

Contractor’s submittal of documents, including, but not limited to, shop drawings, project data and samples, but only for compliance with the design concept of the work and with the information given in the Contract documents. Such action by the PA/E shall be taken with re promptness so as to cause no delay to the Project. The PA/E's approval of specific items shall not indicate approval of any assembly of which the item is a component.

h) The PA/E shall review and approve all payment requests from the Contractor.

This review will include an evaluation of the current work progress against the project schedule to ensure that all work is being completed as required. The PA/E shall certify the Contractor’s applications for payment based upon the percentage of the construction completed at the Project in accordance with the plans and specifications.

i) The PA/E shall determine the amounts owed to the Contractor based on observations at the site. After evaluating the Contractor’s application for payment, if the PA/E approves, the PA/E shall sign the certificate and forward it to the Project Leader. The failure of the PA/E to forward to the Board the completed submittal and all required backup data, or if the certificate (or request for payment) is incorrectly prepared or contains arithmetic errors, the Board may reject the Contractor’s pay application and return it to the PA/E without penalty to the Board because of delay or error.

j) The PA/E shall invite and include the Project Leader to review meetings and to review inspections during the time when the Contractor’s applications for payment are evaluated by the PA/E.

k) The PA/E shall provide for special inspection and testing of materials and systems at Board expense that are included in the Construction Contract.

l) The PA/E shall keep the Board (Project Leader) informed as to the progress and quality of the work and endeavor to guard the Board against defects and deficiencies in the work by the Contractor or his Sub-Contractors and material suppliers.

m) The PA/E shall conduct appropriate observations to determine the dates of

Substantial and Final Completion, receive and forward to the Board written warranties and documents required by the construction Contract and certify the final certificate of payment in affidavit form, certifying that to the best of his knowledge the Project has been constructed according to the final plans and specifications and SREF of the DOE's rules and regulations and that all mandatory requirements of DOE have been satisfied.

n) The PA/E shall have the authority and duty to reject work by the Contractor that does not conform to the Contract Documents. If the PA/E observes faulty materials or workmanship at the Project, or if the PA/E observes use of improper material or any work not being accomplished in a satisfactory manner by the Contractor or Sub-Contractors, the PA/E shall immediately notify the Contractor and the Maintenance Department.

o) The PA/E shall exercise due diligence to protect the Board against defects and deficiencies in the work and use of improper materials by the Contractor and Sub-Contractors.

p) After Substantial Completion of the work, the PA/E shall furnish the Board with a certified statement, in affidavit form, that in his professional opinion, the Project has been performed and finally completed according to the Contract documents and SREF of the DOE's rules and regulations and that all mandatory requirements of the DOE have been satisfied.

q) The PA/E shall interpret the requirements of the construction Contract documents. The PA/E shall render such interpretations as are necessary with reasonable promptness when written request is made by the Board or the Contractor. The PA/E shall render written decisions, within seventy-two (72) hours, on all claims, disputes and other matters questioned by the Contractor or the Project Leader relating to the execution or progress of the work or the interpretation of the Contract documents.

r) The PA/E shall ensure that the Board is provided correct, as-built or record drawings from the Contractor.

s) The PA/E shall provide one (1) set of specifications (unbound with no signature or seal) for duplication, one (1) set of original drawings for duplication, and three

(3) signed, sealed and dated copies of Project Specifications and Drawings.

(Specifications will be in booklet form.) Also, one set of drawings on disk using AUTOCAD and one copy of specifications on disk in Word shall be provided.

t) The PA/E shall be the interpreter of the intent of the contract documents and shall be the authority to determine whether the work of the Contractor is in accordance with this intent.

u) The PA/E shall have authority to determine the quantity of work performed and whether such work complies with the intent of the contract documents; shall observe the Contractor’s work and shall endeavor to guard the Owner's interest and safeguard the Owner from risk of liability, lawsuit or fine.

v) The PA/E shall attend and coordinate all weekly/bi-weekly construction progress meetings.

w) The PA/E shall prepare and submit to the Owner construction progress reports, including as a minimum, weekly/bi-weekly construction progress meeting minutes, schedule changes, and a Project Work summary based upon the Contractor’s Daily Construction Reports.

x) The PA/E shall have the authority to stop portions of the work of the Contractor in the event, in the opinion of the PA/E, work is being done in a manner which is unlawful (according to either Federal or Florida Law or Statutes or Rules) or which puts the Owner at risk in regards to liability, or which may be injurious to life and health, or in a manner contrary to the intent of the Contract Documents.

y) The PA/E may initiate changes to the scope of the work under this contract by a

Change Order (subject to Owner's approval and a Contractor’s Agreement) when the Contractor and the Owner are in agreement. If the Contractor does not agree, the Owner and the PA/E may sign and issue a Construction Change Directive (subject to Owner's approval and a new Contractor’s Agreement) to effect a change or an increase in scope in which a change in contract sum and time judged fair by the Owner and the PA/E shall become a part of the contract and shall be made a part of a Contractor’s Agreement.

z) In the event a Construction Change Directive is issued for which the Contractor does not agree to the cost change or time change or to other terms, the Contractor shall retain his right to further negotiate or litigate for additional compensation, BUT THE CONTRACTOR SHALL IMMEDIATELY PROCEED TO

COMPLY FULLY WITH THE TERMS OF THE CONSTRUCTION CHANGE

DIRECTIVE and, until otherwise resolved, the Owner shall make payments in accordance with the terms of the Construction Change Directive.

aa) The PA/E shall observe and monitor the work of the Contractor. The PA/E shall have authority to reject work which does not conform to the contract documents.

bb) The PA/E shall have authority to stop the work if a responsible Superintendent of the Contractor is not on the site. Should the PA/E stop the work for reasons in paragraph "x" or "aa" above, the Contractor shall have no right of claim against the Owner or PA/E.

cc) The PA/E shall have authority in the event the Contractor fails to complete the work within the contract time, to recommend to the Owner's Representative to declare the Contractor in default.

dd) The PA/E shall have the authority to order the removal of any person or workman he deems to be detrimental to the work or who fails to adhere to suitable rules of behavior.

ee) The PA/E shall submit an AHERA Certification for the Absence of Asbestos

Containing Building Materials upon project completion.

C. THE CONTRACTOR

The properly licensed person or firm or entity who is identified in the Contractor’s Agreement and who is referred to throughout the contract documents as if singular in number and masculine in gender. The term Contractor (or this Contractor) shall mean the Contractor or his authorized representative.

• THE CONTRACTOR’S ROLE:

a) The Contractor shall do all work set forth in the drawings and specifications together with work described in any addendum issued during bidding, or change in the contract requirements made by Field Order, Change Order or Construction Change Directive.

b) The Contractor shall do all work in strict accordance with the requirements of the contract documents. The Contractor shall supervise and direct the work, providing full time on-site supervision of all employees including Sub-Contractors.

c) The Contractor shall be responsible to the Owner for acts and omissions of the

Contractor’s employees, Sub-Contractors and their agents and employees and other persons performing portions of work under a contract with the Contractor.

d) The Contractor shall directly, or by subcontract, provide for labor, materials, equipment, tools, construction equipment and machinery, transportation and other facilities and services necessary for proper execution and completion of the work.

e) The Contractor shall enforce strict discipline and good order on the site among the

Contractor’s employees and other persons carrying out the contract. The Contractor shall not permit employment of unfit or untrained persons or persons not skilled in tasks assigned to them in his plant or on the site for work on this project.

f) The Contractor shall be responsible for the quality control of the construction provided under this contract. It is his responsibility to assure that appropriate systems and processes are in place to assess and measure the quality of construction called for in these plans and specifications. He shall have these processes in place prior to the start of construction and be prepared to discuss them at the pre-construction conference if appropriate. He shall provide results to the project leader upon request.

g) The Contractor shall be responsible to ensure that all work is installed in a neat and workmanlike manner. Any work deemed unacceptable by the Owner or PA/E shall be corrected at the Contractor’s expense in a timely manner.

D. DEPARTMENT OF EDUCATION (DOE)

The Florida State Department of Education (DOE) establishes and interprets (in accordance with Florida Statutes), rules, regulations, codes and procedures to be adhered to in planning for and in construction contracts for the School Districts of Florida.

E. RULE - STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES (SREF)

The Rule promulgated by DOE--Administrative Rule Chapter SREF which, together with Federal Laws and Florida Statutes govern matters under this contract.

F. SUBSTANTIAL COMPLETION

The Date of substantial completion of the work or designated portion thereof (under this contract) is the date certified by the Project Architect/Engineer that the work is sufficiently complete, in accordance with the contract documents, so the Owner can occupy or utilize the work thereof for the use for which it was intended.

G. CLOSE-OUT DOCUMENTS

"Close-Out Documents" are those items that must be properly executed and delivered to the Owner's Representative via the PA/E in "one package" before final payment is made.

H. PUNCH LIST

A list prepared at the inspection scheduled to establish substantial completion which shall have each page signed by a designee of the Contractor, of the PA/E, of the Representative of the Owner, and the School Principal (or Facility Director) listing items of work identified as being still incomplete or requiring correction. The PA/E shall have the authority to determine whether an item shall be included on the punch list. Copies of the signed punch list shall be distributed immediately after signatures to all those signing with the original and one copy transmitted to the designee of the Owner's Representative.

The original shall be filed by the Owner's Representative as an official public document.

For this project, filing with the Secretary to the School Board shall be considered as being filed as a public document.

I. CHANGE ORDER

A change to the terms of the contract requirements agreed to and signed by the Contractor, the Owner and the PA/E. Such instrument, used in conjunction with an additional Contractor’s Agreement, shall be used when the parties agree to the change in the contract sum, contract time, quality or in quantity of work.

J. CONSTRUCTION CHANGE DIRECTIVE

A change to the terms of the contract requirements to which the Contractor does not agree, signed by the Owner and the PA/E, and used in conjunction with an additional Contractor’s Agreement. The Contractor must proceed with all due haste to do such work but retains his rights for later negotiation or litigation as to charges for such work or for time extensions.

K. CONTRACTOR’S AGREEMENT

The written authority between the School Board and the Contractor that defines the responsibilities of each party in relation to the scope of work involved in the project which includes but is not limited to, specifications, purchase order, bid documents, and plans and the contract.

L. SUB-CONTRACTOR

A person, firm or entity that has a direct contract with the Contractor to perform a portion of the work at the site or to fabricate work elsewhere for this project.

M. PROJECT LEADER

The person responsible for the administration of the contract on the School Board's behalf. He will assume the responsibility of the PA/E when a PA/E is not utilized on a project.

1.8 TERMINATION OR SUSPENSION OF CONTRACT

A. In addition, the Board may terminate the contract if the Contractor:

1) Refuses or fails to supply enough properly skilled workmen and supervisors;

2) Fails to make payment to Sub-Contractors for materials or labor in accordance with the respective agreements between the Contractor and the Sub-Contractor;

3) Disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;

4) Otherwise is guilty of breach of a provision of the contract documents.

5) Fails to provide supervision of Employees and Sub-Contractors.

B. When any of the above reasons exist, the Owner, upon certification by the PA/E that said reasons exist without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s Surety written notice that such reasons exist, terminate employment of the Contractor if the Contractor fails within ten (10) days of the receipt of the written notice to initiate timely corrective actions acceptable to the Owner to ensure that deficiencies are corrected, the Owner may, subject to any prior rights of the Surety (if any):

1) Take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor;

2) Accept assignment of subcontracts; and

3) Finish the work by whatever reasonable method the Owner may deem expedient.

C. When the Owner terminates the Contractor for one of the reasons stated in subparagraphs above, the Contractor shall not be entitled to receive further payment until the work is finished.

D. If the unpaid balance of the contract sum exceeds costs of finishing the work, including compensation for the PA/E's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner as the case may be, shall be as certified by the PA/E, upon application, and this obligation for payment shall survive termination of the contract.

E. SUSPENSION BY THE OWNER FOR CONVENIENCE: The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the work in whole or in part for such period of time as the Owner may determine.

F. NO DAMAGE FOR DELAY

If the Contractor is delayed at any time in the progress of the Work by any act, or neglect of Owner or by any Contractor employed by Owner, or by changes ordered in the scope of the work, or by fire, adverse weather conditions not reasonably anticipated, or any other causes beyond the control of the Contractor, then the required completion date or duration set forth in the progress schedule shall be extended by the amount of time that the Contractor shall have been delayed thereby.

However, to the fullest extent permitted by law, the Owner, Owner’s Agents and employees shall not be held responsible for any loss or damage sustained by Contractor, or additional costs incurred by Contractor through delay caused by Owner, Owner’s Agents, or employees, or any other Contractor or Subcontractor, or by abnormal weather conditions or by any other cause, and Contractor agrees that the sole right and remedy therefore shall be an extension of time.

The Contractor shall make any claim for extension of time in writing to the Owner, for approval by the Owner, within seven (7) days after commencement of the delay.

Contractor's failure to give such written notice to Owner shall deprive the Contractor of his right to claim an extension of time and any damages or additional costs incurred by Contractor resulting from such delay. In the case of a continuing cause of delay, only one claim shall be necessary. The giving of such notice shall not of itself establish the validity of the cause of delay or of the extension of time for completion.

G. If the Contractor has furnished Bonds, and if the Contractor’s Surety is directed to complete the work, then all payments made after termination of the Contractor shall be made to the Surety until (or jointly to the Surety and Contractors if the Surety so directs) the work is finished and the contract sum has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the contract and shall be bound by the conditions of the contract to fulfill all obligations of the contract in exchange of the balance of the contract sum yet unpaid by the Owner. The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor, including compensation for the PA/E's additional services and expenses made necessary by these matters. The amount to be paid to the Surety or Owner, as the case may be shall be certified by the PA/E, upon application, and this obligation for payment shall survive termination of the employment of the Contractor.

H. Before the Owner shall be obligated to make any payments to the Surety, all such Sub-

Contractors and suppliers shall be paid currently in proportion to the sum previously paid by the Owner to the Contractor.

I. If the Surety has failed to pay a Sub-Contractor or supplier, the Owner may withhold a sum equal to twice the amount claimed by the Sub-Contractor or supplier and shall not be obligated to pay the Surety such sum in order to properly protect the Sub-Contractor or supplier until the Surety has presented evidence satisfactory to the Owner that (a) the Surety has contracted with another party to complete or correct or replace the work by such Sub-Contractor or supplier, or (b) taken definitive steps to bring the matter to a fair resolution. Definitive steps may be interpreted to mean either a lawsuit has been filed or binding arbitration proceedings between the Contractor (or Surety if applicable) and the Sub-Contractor have been initiated and a hearing scheduled. The Owner shall have no obligation to fund the Surety's responsibilities to pay Sub-Contractors or suppliers fair and proportionate shares of sums previously paid by the Owner to the Contractor.

J. If the Surety fails within ten (10) days to initiate and to continue to proceed with a diligent and full faith effort assuring and manning of the job, the payment of obligations, the resolution of disputes, the providing of substitute Sub-Contractors where necessary, as approved by the PA/E and the Owner's Representative, and the general overall effective pursuit of the work toward a satisfactory completion, the Owner may, at his option, stop the Surety from proceeding, declare the Surety in default and in breech of contract and undertake the completion of the work by other means. In such event, the Surety shall be liable for all costs in excess of the current contract sum including, but not limited to additional services of the PA/E, legal services, court costs and interest upon such additional costs from the time demanded until the time paid, and any penalty a Court assesses.

1.9 INDEMNIFICATION

A. To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, the PA/E, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss of expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, by a Sub-Contractor, or by anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

B. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph.

C. The Contractor agrees that one (1) percent of the bid amount shall be the specific consideration for paragraph A above.

D. In claims against any person or entity indemnified under this paragraph an employee of the Contractor, a Sub-Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the Indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or/for the Contractor or a Sub-Contractor under workers' or workmen’s' compensation acts, disability benefit acts or other employee benefit acts.

E. The obligations of the Contractor under this paragraph shall not extend to the liability of the PA/E, the PA/E's consultants, and agents and employees of any of them arising out of:

1) The preparation or approval by the PA/E of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, Field Orders, design or specifications, or

2) The giving of or the failure to give directions of instructions by the PA/E, the PA/E's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.

F. In consideration of the term of this contract and the terms set forth herein, exchanged each with the other and acknowledged by execution of this contract via the proposal and acceptance by insurance of the Contractor’s Agreement, both the Owner and the Contractor have agreed to the terms of Indemnification set forth herein this paragraph.

The Contractor’s Surety (if any) is similarly bound to the terms of this paragraph.

1.10 INSTRUCTION TO BIDDERS

To receive full consideration, all bids must be executed and submitted in strict accordance with these "Instructions to Bidders."

A. CONTRACT DOCUMENTS

1) CONTRACT DOCUMENTS, (including bidding documents) may be examined as indicated in the public announcement at the specified location. Bidders are encouraged to pick up one (1) complete set of contract documents as soon as possible and prior to pre-bid conference.

2) All CONTRACT DOCUMENTS must be returned to the source from which they were obtained and shall remain the property of the School Board.

3) Refund of any deposit, if required, less the cost of replacement of any damaged or missing items, may be obtained upon return of the documents, in a usable and legible condition, to the School Board. Deposits will be returned in a timely manner after bid opening.

4) Those Bidders not returning documents in the manner described above shall forfeit their deposit, if any.

5) Additional copies of the CONTRACT DOCUMENTS (including the bidding documents) may be purchased from the School Board, at the cost of reproduction and handling. A refund shall not be made for return of purchased CONTRACT

DOCUMENTS.

B. BIDDER'S PRESENTATION

1) Each Bidder, by submitting his bid, represents all of the following:

a) That the Bidder has thoroughly examined all of the contract documents and is aware that his work may be shown on any one or more of the sheets comprising the set of Drawings or as called for in the Specifications, and that the bid proposal shall include all work shown, or specifically called for, or, as may be reasonably implied as necessary to execute and complete this contract;

b) The Bidder has made a complete examination of the site of the project, and familiarized himself with all of the conditions under which he is obliged to operate in the performance of the contract; the Bidder shall completely familiarize himself with the site of work and local conditions that may, in any manner, affect the work to be done;

c) The bid is based upon all materials, equipment described in the Drawings and

Specifications or as may be reasonably implied, and;

d) The Bidder is familiar with all Federal, State and Local regulations having jurisdiction over the construction of the project, and these rules and regulations shall apply to the contract throughout and shall form a part of these Specifications the same as if rewritten in full here. Upon request, Contractor shall provide Owner such documentation as may be required to verify compliance with State and Federal laws, rules and regulations as may be applicable to the service to be performed by the Contractor.

C. INTERPRETATION OF CONTRACT DOCUMENTS

1) The PA/E shall be the interpreter of the intent of the contract documents (i.e., plans and specifications that have been prepared).

2) Any…