252754FB_Supplemental_General_Conditions.pdf

SECTION 8

SUPPLEMENTAL

GENERAL

CONDITIONS

SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES

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1.0 DEFINITIONS AND TERMS

ADD the following Definitions to the General Conditions Section 1.1 GENERAL:

FLORIDA BUILDING CODES: Work under this Project is to be designed and performed in accordance with the Florida Building Codes, current issues.

LEED AP: Leadership in Energy and Environmental Design Accredited Professional

USGBC: United States Green Building Council.

2.0 CONTRACTOR REQUIREMENTS

REMOVE last sentence of the General Conditions Section 2.1 GENERAL and REPLACE with the following: “Subject to County approval, the Contractor may subcontract a portion of the Work but in no case can assign the contract to a third party.”

ADD the following new Section to the General Conditions as follow:

2.2 LEED ACCREDITED PROFESSIONAL: When the Contract Documents stipulate the project is to be certified by USGBC, at least one member of the Contractor’s Management Staff assigned to the Project shall be a LEED Accredited Professional (LEED AP). This requirement may also be satisfied if the Contractor retains the services of an independent consultant who is a LEED AP, who shall assist the Contractor in fulfilling its LEED obligations in accordance with the Contract Documents.

4.0 PRE-CONSTRUCTION ACTIVITIES

ADD the following to the General Conditions Section 4.2 PRELIMINARY SCHEDULES

SUBMISSION AND ACCEPTANCE:

A.3) The Contractor’s Schedule of Values must be prepared using the County’s Contract

Manager Software System.

REMOVE the last sentence of the General Conditions Section 4.2.B.2) and REPLACE with the following: “The Contractor shall provide a minimum of 15 days in the Construction/ Progress Schedule for such product review.”

ADD the following paragraph to the General Conditions Section 4.6 AUDIO-VISUAL PRE-

CONSTRUCTION RECORD:

Contractor shall have preliminary construction survey stakeout completed, center line of pipe or offsets, and Sunshine One Call locate flags completed prior to any photos or video work to allow the work zone area to be identified with existing and proposed condition locations.

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5.0 PROGRESS AND CONTROL OF THE WORK

ADD the following to the General Conditions Section 5.5 MOBILIZATION:

B. Project Sign(s):

1) General: The Contractor shall erect one (1) signs conforming to the current

Specifications as shown on the following page. The Contractor is to follow Florida State Statute 556, Underground Facility Damage Prevention and Safety Act procedures, as required. The Contractor shall include the funding sources which will be provided by the Project Manager. Relationship of lettering size will be similar to that depicted. The background shall be white.

Seasons are defined as:

Winter = December, January, February Spring = March, April, May Summer = June, July, August Fall = September, October, November

The signs shall be the property of the Contractor for the duration of the project and shall be maintained by the Contractor. The Contractor shall be responsible for the relocation of the signs during the progress of construction as directed by the County.

2) Project Sign Location: The project sign(s) shall be placed:

a. At locations designated by the County

b. Within County Right-of-Way

c. To be highly visible

d. At a position that will not obstruct pedestrian or vehicular traffic

e. At a location where they will not be a roadside hazard.

3) Project Sign Construction:

a. The project signs shall be constructed of exterior-grade plywood sheeting.

Posts shall be 4” x 4” square and 12 feet long-pressure treated lumber

b. The sign face dimensions shall be five feet wide by three feet high by one-half inch thick.

c. All sign supports shall be installed in accordance with Florida Department of

Transportation (FDOT) Standard Indexes, as applicable.

d. Upon completion of the contract, the Contractor shall remove and return the sign(s) and supports and restore the site to the satisfaction of the County.

4) Project Sign Content:

a. Sign content shown on the attached sheet is for illustrative purposes only.

The names of the members of the Boards of County Commissioners will be provided at the pre-construction conference. Relationship of lettering size will be similar to that depicted.

ADD the following to the General Conditions Section 5.11 PERMITS, LICENSES, TAXES, AND LAWS AND REGULATIONS:

D. Building Permit: The Contractor shall obtain and pay for all required local Building

Permit(s) applicable to the Project.

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E. Permit Fee Allowance: When applicable, this allowance will be established to cover the expenses of the permits and is supplemental to the bid, as indicated in the Bid Form.

Permit fees will be paid at actual cost for the permit required and identified in the Contract Documents. The Contractor is advised that the total bid price shall include the amount of the allowance. Payment under this allowance shall be based on receipts of permit fees presented to the County. No payments shall be made for administrative or other costs of the Contractor.

The allowance line item, when included in the Bid Form, can only be committed for the intended purchase and cannot in total or part thereof, be transferred to supplement the contingency or other line item costs, and any remainder will be retained by the County.

ADD the following new Section to the General Conditions Article 5.0 PROGRESS AND

CONTROL OF THE WORK:

5.26 FPL (FLORIDA POWER & LIGHT) SERVICE:

A. Where required in the Contract Documents, the Contractor shall provide all necessary coordination with FPL for power supply to the proposed Facilities.

The Contractor shall incorporate FPL’s schedule within Contractor’s construction/ progress schedule. All costs associated with temporary and permanent power shall be borne by the Contractor.

B. The Contractor is responsible for all on-site improvements including poles, transformers, panels, conduit, power wiring, concrete mounting pads, and related equipment and materials necessary for a complete and fully operational system. The Contractor shall transfer service to the County upon the date of Substantial Completion of the Project, or as otherwise agreed.

5.27 DEMOLITION:

A. Where the Construction Plans require demolition of existing facilities, the Contractor shall obtain and pay for required local permits.

B. All affected utility services at the site will be properly abandoned and/or capped off and labeled for further use, in accordance with the requirements of the individual utility owners.

C. All salvageable materials and debris shall be properly handled and disposed of in accordance with the Contract Documents. Dust shall be properly controlled on site.

5.28 EARLY COMPLETION: Finishing earlier than the Contract Times or finishing of particular portions of the Work earlier shall not place obligations on the County for actions by the Contractor. Such may be deemed to be inconvenient, and may be a disadvantage to the County. Therefore, the County shall have no obligation to accelerate its schedule of any related tasks. If however, there is an advantage to the County to finish early, then the County will work closely with the Contractor in scheduling and coordinating such early completion.

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7.0 CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

ADD the following to the General Conditions Section 7.4 LABOR:

C. Approved Installers: Where required by the Contract Documents, Contractor’s installation personnel for manufactured, produced, fabricated, and/or constructed items of Work shall be approved as an installer by the manufacturer/producer of the item or assembly. The Contractor will be required to produce evidence of such manufacturer’s approval /certificate if requested by the County.

9.0 WORK BY OTHERS

ADD the following to the General Conditions Section 9.1 WORK BY OTHERS:

A.1) Items where noted as NIC (Not in Contract) in the Contract Documents, may include items such as building demolition, site preparation, site utility installations, specialty work, furnishings, minor equipment installation, etc., and may be furnished and installed by the County through its own work force, or under a separate contract with other contractors.

11.0 CHANGES, DELAYS, AND TIME EXTENSIONS

ADD the following to the General Conditions Section 11.3.A CHANGE IN CONTRACT

PRICE:

1. At any time the County may request a quotation from Contractor for a proposed change in the work. Within ten (10) days following the receipt of such a request, the Contractor shall prepare and submit a written and sufficiently detailed proposal for the estimated cost increase of the proposed change. The County shall review the proposal within five (5) days, and shall:

a) accept the proposal in total, or potions thereof;

b) negotiate the scope and cost of the proposal; or

c) reject the proposal in total.

2. The proposal shall include any request for a change in contract times resulting from the proposed change in the work. Any time extensions shall also be subject to negotiations.

3. Itemized estimates shall be in sufficient detail for County’s review, including all material, labor, equipment, subcontracted work, and overhead costs and fees, and shall cover all work involved in the change, whether such work involves additions to, or deletions from the original Contract scope and price.

4. Any changes in the Contract price or Contract times shall be formalized in a Contract Modification.

5. Notwithstanding the request for quotation, Contractor shall continue to carry on the work and maintain the progress schedule. Delays in the submittal of the written and detailed proposal will not be considered as basis for a time extension.

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13.0 PAYMENTS TO CONTRACTOR AND COMPLETION

ADD the following to the General Conditions Section 13.2 SUPPORTING DOCUMENTATION:

E. Monthly Status Reports: With each payment application, the Contractor shall submit an updated monthly status report for review and approval by the County. The report shall contain specific construction progress over the past month; expected work to be accomplished over the coming month; and specify any potential problems that may interfere with the proposed work schedule. The County may withhold payment if the Contractor fails to submit an updated and approved monthly status report.

F. Photographs: With each payment application, the Contractor shall submit one (1) set of 8”x10” color photographs taken during that payment request period showing the progress of the Work. The photographs will show pertinent physical features of and improvements made at the Project Site. The Contractor will furnish two copies in digital format of all photographs taken during construction to the County prior to final payment. Pre-construction and post-construction Digital audio-video recordings (DVD’s) per Section 4.6 of the General Conditions will be provided by the Contractor in addition to the photographs.

REPLACE General Conditions Section 13.5 Retainage and Retainage Table with the following: “Retainage on all projects over $200,000.00 shall be 5% maximum. This amount will be deducted and retained by the County until completion of the entire Contract in an acceptable manner, unless otherwise released by the County in accordance with the Contract Documents. The balance, less all previous payments, shall be certified by the Contractor and recommended by the County for payment.”

0 to < 25 25 to < 50 50 to Substantial Completion % Retained** % Retained** % Retained**

Less than $1M 10% 10% 5.0% 5.00%

>$1M to <$5M 5% 5% 2.5% 2.50%

>$5M 5% 5% 2.5% 2.50%

* Provided Work has been performed within the Contract Times.

** The cost for deficient work that is not corrected may be estimated at an amount of up to one and one half (1.5) times the value of the work, and may be withheld in addition to the retainage amounts shown in the above table.

Original Retainage Table

Value of Contract % of Contract Amount ($) Earned

Total Retainage at Substantial Completion*

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0 to < 25 25 to < 50 50 to Substantial Completion % Retained** % Retained** % Retained**

Less than $1M 5% 5% 5.0% 5.00%

>$1M to <$5M 5% 5% 2.5% 2.50%

>$5M 5% 5% 2.5% 2.50%

* Provided Work has been performed within the Contract Times.

** The cost for deficient work that is not corrected may be estimated at an amount of up to one and one half (1.5) times the value of the work, and may be withheld in addition to the retainage amounts shown in the above table.

Revised Retainage Table

Value of Contract % of Contract Amount ($) Earned

Total Retainage at Substantial Completion*

ADD the following to the General Conditions Section 13.9 SUBSTANTIAL COMPLETION:

J. The Work will be considered substantially complete when each of the following portions of the Work is completed to the satisfaction of the County:

1) All components of the Work have been installed, tested, approved, and certified to be placed into operation.

2) A “punch list” of items to complete the Work has been submitted by the

Contractor.

3) Final As-builts have been provided in accordance with the Contract Documents.

4) All training and instructions have been provided to the designated County’s representative(s) in accordance with the Contract Documents.

5) Operation and Maintenance (O&M) Manuals submitted and accepted.

6) 90% of all private property has been restored.

7) 90% of all restoration in the right-of-way is completed.

ADD the following to the General Conditions Section 13.11 FINAL ACCEPTANCE:

C. The Work will be considered complete when each of the following portions of the Work is completed to the satisfaction of the County:

1) All “punch list” work has been completed.

2) All Close-Out Items have been completed and submitted to the County, including:

a. Final Clean-up.

b. Complete Demobilization.

c. 100% of all private property has been restored.

d. 100% of all restoration in the right-of-way is completed.

e. Contractor’s Final Affidavit & Release of Lien (Contract Form Pages RL-1 and RL-2).

f. Releases of Liens.

g. Consent of Surety to Final Payment.

h. Private Owner(s) acceptance of restoration.

i. All Warrantees/Guarantees.

j. All other Close-Out Items required by the Contract Documents.

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15.0 WARRANTY AND GUARANTEE PROVISIONS

REMOVE the first sentence of the General Conditions Section 15.1.A.and REPLACE with the following:

“All materials and equipment furnished by the Contractor and all Work and workmanship involved in the Contract shall be free from defects due either to faulty materials or equipment or faulty workmanship, whether patent or latent, and the same is hereby warranted and guaranteed by the Contractor for a minimum period of one (1) year from the date of the Final Completion and Acceptance Certificate issued by the County, or such longer period of time as may be prescribed by the terms of any applicable special guarantees and warranties required by the Contract Documents, or as prescribed by Florida law or State or Local regulations.”

16.0 MISCELLANEOUS

ADD the following new Section to the General Conditions Article 16.0 MISCELLANEOUS:

16.6 FIRE ALARM SYSTEM: Activation of fire alarms shall be the responsibility of the

Contractor. Contractor’s unauthorized activation of the alarm system resulting in a response by the Fire Department will be assessed at the current rate charged by the Fire Department per occurrence. These charges will be withheld from the Contractor’s payment application.

END OF SUPPLEMENTAL GENERAL CONDITIONS