Attachment_B_-_Specifications_DIV_0-1.pdf

ATTACHMENT B

GENERAL CONDITIONS & TECHNICAL SPECIFICATIONS FOR

WELLS 12 & 13

October 2024

Prepared By:

Tetra Tech 201 East Pine Street Suite 1000

Orlando, FL 32806 407-839-3955

Jennifer Ribotti, P.E. Bid No. B-7-25-52 Registered Engineer No. 81226 Owner Project No. 6983105 State of Florida Engineer Project No.

200-76510-23002

TABLE OF CONTENTS

DIVISION 0 - GENERAL CONDITIONS

00700 GENERAL CONDITIONS

00750 NORMAL WEATHER PATTERNS

00800 SUPPLIMENTAL CONDITIONS

00810 SPECIAL CONDITIONS

00830 CONTRACT FORMS

DIVISION 1 - GENERAL REQUIREMENTS

01000 GENERAL REQUIREMENTS

01025 MEASUREMENT AND PAYMENT

01027 PERIODIC PAY ESTIMATES

01030 SPECIAL PROJECT PROCEDURES

01041 PROJECT COORDINATION

01047 MODIFICATIONS TO EXISTING STRUCTURES, PIPING, AND

EQUIPMENT

01050 FIELD ENGINEERING AND SURVEYING

01065 PERMIT AND FEES

01090 REFERENCE STANDARDS

01200 PROJECT MEETINGS

01300 SUBMITTALS

01310 CONSTRUCTION SCHEDULE

01340 SHOP DRAWINGS

DIVISION 1 - GENERAL REQUIREMENTS (CONT.)

01370 SCHEDULE OF VALUES

01380 CONSTRUCTION PHOTOGRAPHS

01410 TESTING LABORATORY SERVICES

01500 TEMPORARY FACILITIES

01530 PROTECTION OF EXISTING FACILITIES

01545 CUTTING AND PATCHING

01600 MATERIAL AND EQUIPMENT

01640 DEMOLITION AND RECONSTRUCTION

01650 START-UP AND DEMONSTRATION

01700 CONTRACT CLOSEOUT

01710 CLEANING

01720 PROJECT DOCUMENTS

01730 OPERATING AND MAINTENANCE DATA

01740 WARRANTIES AND BONDS

01850 COLOR AUDIO-VIDEO PRECONSTRUCTION RECORD

01900 SEQUENCE OF CONSTRUCTION

END OF TABLE OF CONTENTS

Section 00700 Page 3

SECTION 00700

GENERAL CONDITIONS

ARTICLE 1 – PRELIMINARY MATTERS

Contractor’s Pre-Start Representations:

1.1 CONTRACTOR represents that CONTRACTOR is familiar with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, WORK, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the WORK, and represents that CONTRACTOR has correlated the study and observations with the requirements of the Contract Documents. CONTRACTOR has studied all surveys and investigation reports of subsurface and reasonably discoverable physical conditions, including those referred to in the Specifications and that CONTRACTOR has correlated the results of all such data with the requirements of the Contract Documents. CONTRACTOR affirms that CONTRACTOR has made, or has caused to be made, such reasonable test holes and/or other reasonable investigations of such subsurface conditions and/or that CONTRACTOR is otherwise satisfied with respect to such conditions. The OWNER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR based on information made available by the OWNER, nor does the OWNER assume responsibility for any understandings reached or interpretations made concerning conditions that can affect the WORK by any of its employees or agents unless that understanding, or representation is expressly stated in the bid documents. CONTRACTOR further represents that CONTRACTOR possess the corporate resources, including qualified and skilled personnel, appropriate equipment and/or established subcontracts which are fully sufficient to satisfactorily accomplish the WORK within the Contract Time specified in the Agreement; that such resources already exist or are available, and that such resources shall be committed to this Project.

Commencement of Contract Time:

1.2 The Contract Time will commence to run on the date identified in the written notification by the OWNER in the form of the Notice to Proceed. The Contract Time is expressed in calendar days.

Starting the Project:

1.3 CONTRACTOR shall start to perform the obligations under the Contract Documents within 10 days of the date when the Contract Time commences to run. No WORK shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the OWNER.

Before Starting Construction:

1.4 Before undertaking each part of the WORK, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall at once report in writing to ENGINEER any conflict, error

Section 00700 Page 4 discrepancy which CONTRACTOR discovers. WORK which is considered to be normal to the construction industry and which should have been anticipated by the CONTRACTOR prior to bidding, and discrepancies which should have been observed prior to bidding, will not be eligible for reimbursement by change order.

Schedule of Completion:

1.5 Within ten days after delivery of the Notice to Proceed by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER and the OWNER, an estimated progress schedule with earnings indicating the starting and completion dates of the various stages of the WORK, and a preliminary schedule of Shop Drawing Submissions. CONTRACTOR is hereby placed on notice that the estimated project schedule, and every schedule update, must be prepared using Microsoft Office Project, latest edition. Other scheduling software programs may be used, but only if their products are fully compatible with and can be directly imported into Microsoft Office Project. It shall be the CONTRACTOR’S responsibility to ensure compatibility. Schedules prepared by other means that cannot be imported by the OWNER without modification will be rejected. No payments shall be made by OWNER to CONTRACTOR until the estimated progress schedule has been reviewed and approved by the OWNER. (See paragraphs 6.22 through 6.27.) The ENGINEER shall review and return this schedule or require revisions thereto within 14 days of its submittal. Said progress schedule shall be updated by CONTRACTOR on a monthly basis, submitted with the pay requests. See also Article 14, herein, and Section 01310.

1.6 A pre-construction conference will be held, prior to any WORK being performed and prior to the commencement of the Contract Time, to establish procedures for the handling of Shop Drawings, other submissions and the processing of Applications for Payment, to negotiate the date of Notice to Proceed, and to establish a working understanding between the parties as to the Project. Present at the conference will be the OWNER or OWNER’S REPRESENTATIVE, the ENGINEER, the Project Representatives, the CONTRACTOR and the CONTRACTOR’S Superintendent, and other appropriate parties such as private utilities, as deemed necessary.

ARTICLE 2 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS

2.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the OWNER and the CONTRACTOR. They may be altered only by a Modification.

2.2 The Contract Documents are complementary, and what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error, inconsistency, or discrepancy in the Contract Documents, CONTRACTOR shall bring it to the ENGINEER’S attention in writing at once and before proceeding with the WORK affected thereby, unless told otherwise in writing.

2.3 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating instruction, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, Section 00700 Page 5 finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the ENGINEER before installation. The above requirements are not intended to include major components not covered by or inferable from the Drawings and Specifications.

2.4 The WORK of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as to obtain the best workmanship possible for the entire Project, and all components of the WORK shall be installed or erected in accordance with the best practices of the particular trade.

2.5 Manufacturers’ literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition, including addenda in effect on the date of Bid. However, no provision of any reference standard specification, manual or code (whether or not specifically incorporated by reference in the contract documents) shall be effective to change the duties and responsibilities of the OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the ENGINEER, or any of the ENGINEER’S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of these General Conditions.

2.6 Brand names where used in the technical specifications are intended to denote the standard of quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use and capable of performing the same function, in the opinion of the ENGINEER, as the material or product so specified. Determination of whether an item is "equal" or "equivalent" shall be at the discretion of the ENGINEER with the concurrence of the OWNER. Proposed equivalent items must be approved by ENGINEER before they are purchased or incorporated in the WORK. Failure of the ENGINEER or the OWNER to find an item "equal" or "equivalent" shall not entitle the CONTRACTOR to a change in Contract Price. Approval of an item as "equal" or "equivalent" shall entitle the OWNER to a credit if use of the approved item results in a savings in material and/or labor cost to the CONTRACTOR. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand specified).

2.7 Coordination of Contract Documents. All drawings, specifications, supplementary documents, including all documents included in the “Contract Documents” are integral parts of the Contract. A requirement occurring in one is as binding as though occurring in all. All parts of the Contract are complementary and describe and provide for a complete work. In addition to the work and materials specified in the Specifications as being included in any specific pay item, include in such pay items additional, incidental work, not specifically mentioned, when so shown in the plans, or if indicated, or obvious and apparent, as being necessary for the proper completion of the work under such pay item and

Section 00700 Page 6 not stipulated as being covered under other pay items. In cases of a discrepancy, the governing order of the documents and hierarchy is as follows:

1. Special Provisions.

2. Technical Special Provisions.

3. Drawings.

4. Approved Shop Drawings/Submittals.

5. Design Standards.

6. General Specifications.

7. Supplemental Specifications.

8. Standard Specifications.

Computed dimensions govern over scaled dimensions.

ARTICLE 3 - AVAILABILITY OF LANDS: SUBSURFACE CONDITIONS: REFERENCE-POINTS

Availability of Lands

3.1 The OWNER will furnish, as indicated in Contract Documents, the lands upon which the WORK is to be done, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR’S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

3.2 The CONTRACTOR acknowledges full responsibility for the interpretation of any subsurface tests, if such were available and provided by the OWNER or ENGINEER during bidding.

3.2.1 CONTRACTOR’S attention is specifically directed to Section 02000 Soil Borings in these Contract Documents. This soils report was prepared for this project and a complete copy is included within this Section. The information is provided for use by the CONTRACTOR; however, the scope of the information is limited and does not reflect or characterize subsurface conditions for the entire site. The CONTRACTOR shall be responsible for all subsurface investigations needed to ascertain the character, quality and quantity of subsurface materials or obstacles to be encountered.

Subsurface Conditions:

3.3 The CONTRACTOR acknowledges that CONTRACTOR has made, or has caused to be made, prior to bidding such reasonable test holes and/or other reasonable investigations of subsurface conditions or that CONTRACTOR is otherwise satisfied with respect to such conditions. CONTRACTOR is satisfied as to the conditions affecting the WORK, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the

Section 00700 Page 7 site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the WORK. The CONTRACTOR further acknowledges that CONTRACTOR is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection or investigation of the site, including all exploratory work done by the CONTRACTOR, on behalf of the OWNER on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made a part of this Contract, or any other information made available to the CONTRACTOR prior to receipt of Bids. Any failure by the CONTRACTOR to become acquainted with the available information, and to perform any needed subsurface investigations themselves, will not relieve CONTRACTOR from responsibility for estimating properly the difficulty or cost of successfully performing the WORK. The OWNER and ENGINEER assume no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER or ENGINEER.

Differing Site Conditions:

3.4 (a) The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the OWNER in writing of: (1) subsurface or latent physical conditions at the site differing materially from those which were reasonably discoverable or indicated in this contract, or (2) unknown physical conditions at the site: of an unusual nature, differing materially from those reasonably discoverable or ordinarily encountered and generally recognized as inherent in WORK of the character provided for in this contract. The CONTRACTOR and OWNER shall promptly investigate the conditions, and if the OWNER finds that such conditions do materially so differ and will cause an increase or decrease in the CONTRACTOR’S cost of, or the time required for, performance of any part of the WORK under this contract, CONTRACTOR shall provide OWNER with a detailed explanation of the change in construction means or methods required by the change fifteen (15) days from initial notice to OWNER of the condition. OWNER shall evaluate CONTRACTOR’S detailed explanation and, if warranted, an equitable adjustment shall be made, and the contract modified in writing accordingly.

3.4 (b) No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice and detailed explanation required in (a) above; provided, however, the time prescribed therefore may be extended in writing by the OWNER.

3.4 (c) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

Physical Conditions - Underground Facilities:

3.5 The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others, unless it is otherwise expressly provided in the Supplementary Conditions.

3.5.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, Section 00700 Page 8

3.5.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the WORK with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.19 and repairing any damage thereto resulting from the WORK, the cost of all of which will be considered as having been included in the Contract Price. No additional compensation will be allowed the CONTRACTOR because of the existence of utility lines which are not shown on drawings.

3.5.3 If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any WORK affected thereby (except in an emergency as permitted by paragraph 6.21) identify the owner of such Underground Facility and give written notice thereof to that owner and to the Director of the Brevard County Utility Services Department and to the ENGINEER.

Existing Structures:

3.6 The plans show the locations of all known surface and subsurface structures. However, the OWNER and ENGINEER assume no responsibility for failure to show any or all of these structure on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the Plans and Proposal in which case the provisions in these Specifications for extra work shall apply.

ARTICLE 4 - BONDS AND INSURANCE

Construction and Maintenance Bonds:

4.1 CONTRACTOR shall furnish separate Construction Bonds as security for the faithful performance and payment of all the CONTRACTORS' obligations under the Contract Documents.

4.1.1 Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the COUNTY a certified copy of the recorded bond or bonds, as required.

The COUNTY shall not make any payment to the contractor until the contractor has complied with this paragraph. Partial or final payments to the CONTRACTOR shall be made in accordance with the provisions of section 14.3 of these General Conditions.

4.1.2. The Construction Bonds shall each be in amounts at least equal to the Contract Price and in such form and with such sureties as are acceptable to OWNER. Bond forms for the aforementioned securities are a part of the Contract Documents and CONTRACTOR shall ensure that each executed copy of the bond form is complete and sealed. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties licensed to do business in Florida, satisfactory to Brevard

Section 00700 Page 9

County. All Bonds signed by an agent must be accompanied by a certified copy of the Power of Attorney.

CONTRACTOR shall also provide a Maintenance Bond in the amount of twenty-five percent (25%), unless different in the Supplementary Conditions, of the final Contract Price which shall remain in force for two (2) years after the date when final payment becomes due. CONTRACTOR shall provide each Subcontractor, as defined in these Contract Documents, with a certified copy of its recorded Payment Bond. CONTRACTOR shall also provide each Subcontractor with written notice that provisions for making a claim under the Payment Bond are set forth in Section 255.05, Florida Statutes.

CONTRACTOR must specifically notify all Subcontractors of the deadlines to make claims under the Bonds.

4.1.3 The surety company shall meet all requirements of Section 287.0935, Florida Statutes; as amended.

When a construction project doesn’t exceed $500,000, and when the Contractor elects to execute a Public Construction Bond, such bond shall be issued from a surety company meeting all requirements of Section 287.0935, Florida Statutes. In cases where the amount of a surety bond exceeds $500,000 the surety company shall also have an A.M. Best’s rating of no less than B+ and, depending on the amount of the bond, shall have a minimum A.M. Best’s financial size category ranking as follows:

Bond Amount Up To Financial Class $ 1,000,000 V

$ 2,500,000 VI

$ 5,000,000 VII

$ 10,000,000 VIII

$ 25,000,000 IX

$ 50,000,000 X

$ 75,000,000 XI

$100,000,000 XII

ARTICLE 5- CONTRACTOR’S RESPONSIBILITIES

Supervision and Superintendent’s:

5.1 The CONTRACTOR will supervise and direct the WORK. CONTRACTOR will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR to the OWNER as the CONTRACTOR’S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR.

The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. (Copies of written communications given to the Superintendent shall be mailed to the CONTRACTOR’S home office).

Labor, Materials and Equipment:

5.2 The CONTRACTOR will provide competent, suitably qualified personnel to survey and lay out the WORK and perform construction as required by the Contract Documents. CONTRACTOR will at all

Section 00700 Page 10 times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all WORK at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of WORK on Saturday, Sunday or any legal holiday, observed by Brevard County, without the OWNER’S written consent.

5.2.1 CONTRACTOR shall pay for OWNER'S additional costs with no increase in Contract Price on account of the overtime WORK which CONTRACTOR may be authorized under the provisions of paragraph 6.2. Such additional costs include OWNER'S staff and engineering charges. Overtime hours and costs are defined in the Supplementary Conditions.

5.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the WORK.

5.3.1 All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated into the WORK. The OWNER will not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site.

5.3.2 While OWNER respects the CONTRACTOR’S right to control means and methods of construction, specific activities shall not be permitted if they have the potential of creating avoidable significant hardship, inconvenience, hazard, or nuisance to the local citizens when other means and practices are available to avoid these conditions. If the OWNER rejects any such planned construction means or methods on this basis, the CONTRACTOR agrees to modify such plans and to employ alternate means acceptable to the OWNER to execute the affected WORK. No claim for damages or delay shall be considered if such changes are required.

5.4 All materials, equipment, test and calibration devices, instruments, and other components of the WORK will be new. Test and calibration equipment used by the CONTRACTOR or any Subcontractor during WORK on the project will not be acceptable. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or container with seals unbroken and labels intact.

5.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents.

Materials, Equipment, Products, and Substitutions:

5.6 Materials, equipment and products incorporated in the WORK must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the ENGINEER and the OWNER a list of proposed materials, equipment or products, together with such samples as may be necessary for OWNER to determine their acceptability and obtain OWNER’S approval, within ninety calendar days after award of Contract unless otherwise stipulated in the Supplementary Conditions. No

Section 00700 Page 11 request for payment for "or equal" equipment will be approved until this list has been received and approved by the ENGINEER.

5.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the OWNER, such material, article, or piece of equipment is of equal substance and function to that specified, the OWNER may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the OWNER for charges of the ENGINEER and ENGINEER’S consultants for evaluating each proposed substitution. These costs shall include transportation to operating installation at factories, etc.

5.6.2 No substitute shall be ordered or installed without the written approval of the OWNER.

5.6.3 Delay caused in obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of Contract Time or increase in Contract Price.

5.6.4 Should any WORK or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the WORK, such WORK or materials shall be removed and replaced, together with any WORK disarranged by such alterations, as soon as possible. All such WORK shall be done at the expense of the CONTRACTOR.

5.6.5 No materials or supplies for the WORK shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that CONTRACTOR has good title to all materials and supplies to be used by CONTRACTOR in the WORK.

Concerning Subcontractors:

5.7 The CONTRACTOR will not employ any Subcontractor, other person or organization against whom the OWNER may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor against whom CONTRACTOR has reasonable objection. The CONTRACTOR will not make any substitution for any Subcontractor who has been accepted by the OWNER unless the OWNER determines that there is good cause for doing so.

5.8 The CONTRACTOR shall be fully responsible for all acts and omissions of the Subcontractors and of persons and organizations directly or indirectly employed by Subcontractors and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall

Section 00700 Page 12 it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amount paid to CONTRACTOR on account of specific WORK done in accordance with the schedule of values.

5.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the WORK among Subcontractors or delineating the WORK to be performed by any specific trade.

5.10 By appropriate agreement, written where legally required for validity, the CONTRACTOR shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the CONTRACTOR by terms of the Contract Documents, and to assume toward the CONTRACTOR all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the CONTRACTOR, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the CONTRACTOR that the CONTRACTOR, by the Contract Documents, has against the Owner. Where appropriate, the CONTRACTOR shall require each Subcontractor to enter into similar agreements with Sub-subcontractors and material suppliers. The CONTRACTOR shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors and material suppliers.

5.11 All WORK performed for the CONTRACTOR by a Subcontractor shall be pursuant to any appropriate agreement between the CONTRACTOR and the Subcontractor.

5.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and materialmen engaged by CONTRACTOR for this WORK.

5.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the WORK of Subcontractors, and to give the CONTRACTOR the same power as regards terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents.

5.12.2 The OWNER or ENGINEER will not undertake to settle any differences between the CONTRACTOR and CONTRACTOR’S Subcontractors or between Subcontractors.

Section 00700 Page 13

5.12.3 If in the opinion of the OWNER any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, the CONTRACTOR shall replace such Subcontractor if and when directed to do so by the OWNER in writing.

5.12.4 In the event any WORK under this Contract is performed by a Subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the WORK performed under this Contract by a Subcontractor.

5.12.5 The CONTRACTOR agrees that if any part of the WORK under the Contract is sublet, CONTRACTOR will require the Subcontractor(s) to furnish insurance certificates, similar to those required by the OWNER in Section 5.2 above, to CONTRACTOR.

Patent Fees and Royalties:

5.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR will indemnify and hold harmless the OWNER and ENGINEER, and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys’ fees) arising out of any infringement of such rights during or after completion of the WORK, and shall defend all such claims in connection with any alleged infringement of such rights.

5.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However, CONTRACTOR shall not be responsible for such determination on systems which do not involve purchase by CONTRACTOR of materials, appliances and articles.

Permits:

5.15 The CONTRACTOR shall secure and possess all construction permits and licenses as required for the WORK, prior to starting relevant portions of the WORK. The OWNER shall pay for local governmental charges for permits and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of CONTRACTOR’S Bid. The OWNER shall also assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall be responsible for obtaining and paying for all St. Johns River Water Management District (SJRWMD) dewatering permits, as required. CONTRACTOR shall be responsible for complying with the rules and requirements of the SJRWMD, Florida Department of Transportation, Florida Department of Environmental Protection, United States Environmental Protection Agency, and any other regulatory agency requirements including financial responsibility (fines, etc.).

Laws and Regulations:

5.16 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the WORK. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR will give the ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If the

Section 00700 Page 14

CONTRACTOR performs any WORK knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, CONTRACTOR will bear all costs arising therefrom: however, it shall not be CONTRACTOR’S primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.

Progress As-Built Documents:

5.17 The CONTRACTOR will keep one progress as-built copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER at any time upon request. The CONTRACTOR shall also deliver to the ENGINEER, for the OWNER, the complete set of final as-built documents upon completion of the Project. Such final as-built documents must full comply with the requirements of Section 01720 of these Contract Documents. The final as-builts shall be used for this purpose only. Final acceptance of the Project will be withheld, and final payment will not be made until approval of the documents is made by the OWNER with the ENGINEER’S concurrence.

Safety and Protection:

5.18 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. CONTRACTOR will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to:

5.19.1 All employees on the WORK and other persons who may be affected thereby.

5.19.2 All the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and

5.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designed for removal, relocation or replacement in the course of construction.

5.20 The CONTRACTOR will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR’S superintendent unless otherwise designated in writing by the CONTRACTOR to the OWNER.

Emergencies:

5.21 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or the OWNER, is obligated to act, at CONTRACTOR’S discretion, to prevent threatened damage, injury or loss. If the CONTRACTOR believes that additional WORK done by CONTRACTOR in an emergency which arose from causes beyond CONTRACTOR’S control entitles CONTRACTOR to an increase in

Section 00700 Page 15 the Contract Price or an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.

Shop Drawings and Samples:

5.22 After checking and verifying all field measurements, the CONTRACTOR will submit to the ENGINEER and the OWNER for review, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.5) copies (or at the ENGINEER’S option, one electronic copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR.

The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the ENGINEER to review the information as required.

5.23 The CONTRACTOR will also submit to the ENGINEER and OWNER for review, with such promptness as to cause no delay in WORK, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.

5.24 At the time of each submission, the CONTRACTOR will in writing call the ENGINEER’S attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents.

5.25 The ENGINEER will review within thirty (30) calendar days, Shop Drawings and samples, but this review shall only be for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the item functions. The CONTRACTOR will make any corrections required by the ENGINEER and will return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the ENGINEER. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the ENGINEER on previous submissions. The CONTRACTOR’S stamp of approval on any Shop Drawings or sample shall constitute a representation to the OWNER and the ENGINEER that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or CONTRACTOR assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the WORK and the Contract Documents. Shop Drawings submitted without the CONTRACTOR’S stamp or specific written indication will be returned without action. Shop Drawings and submittal data will be reviewed two times, thereafter all further review time will be charged to the CONTRACTOR.

5.26 No WORK requiring the use of a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the ENGINEER. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be made available to the OWNER and the ENGINEER upon request.

5.27 The ENGINEER’S and/or OWNER'S review of Shop Drawings or samples shall not relieve the CONTRACTOR from CONTRACTOR’S responsibility for any deviations from the

Section 00700 Page 16 requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER’S and OWNER’S attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any review by the ENGINEER and/or OWNER relieve the CONTRACTOR from responsibility for errors or for omissions in the Shop Drawings. Additionally, all specifications shall continue to be followed in conjunction with approved submittals and followed with good practice. Specifications are not replaced in any way by the submittals.

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Cleaning Up:

5.28 Site. The CONTRACTOR shall clean up behind the WORK as much as is reasonably possible as the WORK progresses. Upon completion of the WORK, and before acceptance of and final payment for the Project by the OWNER, the CONTRACTOR shall remove all the surplus and discarded materials, excavated material and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property; shall clean the portion of WORK involved in any building under this Contract, so that no further cleaning by the OWNER is necessary prior to OWNER’S occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the WORK; and shall leave the whole in a neat and presentable condition.

5.29 Building. Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the WORK, CONTRACTOR shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave the WORK “broom clean”, or its equivalent, unless more exactly specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the WORK.

5.29.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass.

5.29.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated

WORK.

5.29.3 Remove all temporary protection and clean and polish floors.

5.29.4 Clean and polish all hardware for all trades; this shall include removal of all stains, dust, dirt, paint, etc.

5.30 General. In case of dispute, the OWNER may remove the rubbish and charge the cost to the

CONTRACTOR.

Public Convenience and Safety:

5.31 The CONTRACTOR shall, at all times, conduct the WORK in such a manner as to ensure the least practicable obstruction of public travel. The convenience of the general public and of all residents along and adjacent to the area of the WORK shall be provided for in a satisfactory manner, consistent with the operation and local conditions. “Street Closed” signs shall be placed immediately adjacent to the WORK, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the Brevard County Board of County Commissioners, the Florida Department of Transportation, and/or the local municipality, as appropriate. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and again as soon as it is opened. Approval from the Board of County Commissioners shall be coordinated through the office of the Director of the Traffic Engineering Division including notification of the news media and affected property owners. Access to

Section 00700 Page 18 fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic.

5.31.1 A Maintenance and Protection of Traffic Plan must be prepared by the CONTRACTOR and presented for approval to the OWNER and ENGINEER. This plan shall be prepared in accordance with the latest edition of the U.S. Department of Transportation’s Manual On Uniform Traffic Control Devices and the Brevard County Roadway and Design Standards.

5.31.2 During the course of construction, if the CONTRACTOR is negligent in conforming to the approved Plan or if the CONTRACTOR creates a potentially unsafe traffic condition, the CONTRACTOR will be subject to a penalty of $300 per incident per day.

Sanitary Provisions:

5.32 The CONTRACTOR shall furnish necessary toilet conveniences and such accommodations, in a sanitary condition, secluded from public observation, for use of all personnel on the WORK, whether or not in CONTRACTOR’S employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the State Department of Health and Rehabilitative Services or the County Health Department. The Contractor shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest potable water well. Toilets shall have incorporated therein approved metal or plastic containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. CONTRACTOR shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the WORK and the premises shall be left clean.

Responsibility for Connecting to Existing WORK:

5.35 It shall be the express responsibility of the CONTRACTOR to connect CONTRACTOR’S WORK to each part of the existing WORK or WORK previously installed as required by the Drawings and Specifications to provide a complete installation.

Work in Street, Highway and Other Rights-Of-Way:

5.36 Excavation, grading, fill, storm drainage, paving and any other construction or installations in Rights-of-Way of streets, highways, public carrier lines, utility lines (either aerial, surface or subsurface), etc., shall be done in accordance with requirements of these Specifications and authorities with standing jurisdiction. The CONTRACTOR will be responsible for obtaining all permits necessary for the WORK, and shall submit and follow a proper MOT plan. Upon completion of the WORK, the CONTRACTOR shall present to the ENGINEER certificates, in triplicate, from the proper authorities stating that the WORK has been done in accordance with their requirements.

5.37 The OWNER will cooperate with the CONTRACTOR in obtaining necessary action from any utilities or public authorities involved in the above requirements.

Section 00700 Page 19

Cooperation with Governmental Departments, Public Utilities, Etc.:

5.38 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and public or private corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the WORK in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with the appropriate utility owners’ approval, if CONTRACTOR so desires. The CONTRACTOR shall give proper notices, shall comply with requirements of such parties in the performance of the WORK, shall permit entrance of such parties on the Project in order that they may perform their necessary WORK, and shall pay all charges and fees made by such parties for this WORK.

5.38.1 The CONTRACTOR’S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities,…