Exhibit_A,_General_Conditions,_26-B-92SR.pdf

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EXHIBIT “A”

GENERAL CONDITIONS

Table of Contents

ARTICLE 1 - DEFINITIONS

ARTICLE 2 - PRELIMINARY MATTERS

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT

DOCUMENTS

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITION; REFERENCE POINTS

ARTICLE 5 – INSURANCE AND BONDS

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

ARTICLE 7 – WORK BY OTHERS

ARTICLE 8 – COUNTY’S RIGHTS AND RESPONSIBILITIES

ARTICLE 9 – CEI’S (A/E’S) STATUS DURING CONSTRUCTION

ARTICLE 10 – CHANGES IN THE WORK

ARTICLE 11 – CHANGE OF CONTRACT PRICE

ARTICLE 12 – CHANGE OF THE CONTRACT TIME

ARTICLE 13 – WARRANTY AND GUARANTEE; TESTING AND INSPECTIONS;

CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

ARTICLE 14 – PAYMENTS AND COMPLETION

ARTICLE 15– SUSPENSION OF WORK AND TERMINATION

ARTICLE 16 – SETTLEMENT OF DISPUTES

ARTICLE 17 - MISCELLANEOUS

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ARTICLE 1 - DEFINITIONS

Whenever in the Contract Documents or performance of the contract, the following terms are used (applicable to both the singular and plural), the intent and meaning of such items shall be interpreted as follows:

1.1 Acceptance. A formal action by the County of accepting a portion of the Work as being complete after inspection by the County representative. See also, Final Completion.

1.2 Affidavit. An instrument, the form of which shall be provided by the County, which Contractor must provide as a condition precedent to certification of an Application for Progress Payment or as a condition precedent to certification of the Application for Final Payment, unless the County has received an applicable Consent of Surety.

1.3 Application for Progress Payment. May refer to the actual written form or the

Contractor’s act of submitting the written form to the County to request payment for a portion of the Work prior to an Application for Final Payment. The actual form shall be supplied by the County.

1.4 Bid or Bid Documents. The Contractor’s written submission to the County in response to the invitation to bid (ITB) issued by the County for this Project.

1.5 Calendar Day. Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions. All references to a “day” in the Contract Documents, shall mean a Calendar Day unless specifically otherwise designated.

1.6 Change Order. A written Modification is also known as a Change to Scope of work to the Contract signed by the County and Contractor documenting an addition, deletion, or revision in the Work, with or without an adjustment in the Contract Sum or Contract Time. Change Orders/Modifications resulting in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.

1.7 Construction, Engineering & Inspection (CEI) or / Architect/Engineer (A/E). A person or entity selected by the County to perform Work under a separate written Contract with the County to perform consulting work on the Project related to project administration supplemental to that performed directly by the County Engineer and County staff. In the event there is no CEI or A/E on the Project, but a task is reference in the Contract Documents as being performed by the CEI or A/E, then it shall be agreed that the term “County” or “Engineer,” shall be substituted.

1.8 Contract. The sum of all legal rights and obligations between the Contractor and the County as defined by the Contract Documents and applicable law.

1.9 Contractor’s Project Manager. The individual responsible for the day-to-day administration of the Project for the Contractor who shall have authority to act on behalf of and bind the Contractor n matters pertaining to the Project unless otherwise expressed in writing by the Contractor.

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1.10 Consent of Surety. A document executed by the Contractor’s surety indicating that it consents to the County making Final Payment to the Contractor and that the surety agrees it shall not be relieved of any obligations under the bond to the County as a result of consenting to or the making of Final Payment.

1.11 Contract Documents. The Contract Documents comprise the entire written Contract between the County and the Contractor, and are made part of the Contract, and include the documents enumerated in Article 1 of the Construction Contract.

1.12 Contract Price. The total monies payable to the Contractor as consideration for completion of the Work in accordance with the Contract Documents.

1.13 Contract Time. The number of consecutive days, as stated in Article 2 of the Construction Contract, during which the Contractor shall perform the Work.

1.14 Contractor. The entity identified in the Construction Contract and referred to throughout the Contract Documents as if singular in number. The Contractor shall designate in writing a representative(s) who shall have the express authority to bind the Contractor with respect to all matters under the Contract. The “Contractor” means the Contractor or its authorized representative(s).

1.15 Contractor’s Release. A document or language within a document such as an Application for Progress Payment or Application for Final Payment wherein the Contractor agrees to release and discharge County and the CEI or A/E from all claims and demands related to a designated portion of the Work, except any claims for retainage or disputed claims, upon receipt of payment from the County.

1.16 County: Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida).

1.17 County Engineer. The County Engineer is the employee of the County who shall have the express authority to bind the County with respect to all matters requiring the County’s approval or authorization. Phrases, such as “by the County” or “to the County,” refer to the County Engineer or his delegate, which may include the County’s designated Project Manager or CEI or A/E. No person shall be presumed to have authority to bind the County to Modifications that change the Contract Price or Contract Time without express written consent of the County Engineer. In some instances the County Engineer may be required by County ordinance or policy to request the approval of the County Manager or County Council to effectuate changes in Contract Price, Contract Time or significant changes in Scope of Work.

1.18 County Project Manager. The County employee or authorized representative of the CEI or A/E who is assigned to the Project and is responsible for the day-to-day administration of the Project for the County. The County may change the Project Manager at any time by providing notice to the Contractor.

1.19 Contract Plans. The official approved drawings or plans or exact reproductions thereof, which have been prepared and signed and sealed by an engineer on behalf of the County and shall be utilized by the Contractor, which show the location, character, dimensions and details of the Work to be done and which are considered as part of the Contract Documents, including, but not necessarily

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limited to those Contract Plans enumerated in Article 1.2.1 of the Construction

1.20 Engineer. References to the “Engineer” shall be presumed to refer to the County Engineer.

1.21 Engineer of Record. The professional engineer or engineering firm contracted or employed by the County and registered in the State of Florida who is responsible for the preparation of the plans and specifications. The engineer of record may be County in-house staff or a consultant retained by the County.

1.22 Field Order. A written instrument issued by the County to the Contractor, which clarifies or interprets the Contract Plans or Specifications or other Contract Documents, and/or orders minor variations in the Work, but which does not involve an adjustment in Contract Price or Contract Time.

1.23 Final Completion. The date the County certifies that all Work required to complete the Project is complete.

1.24 Final Payment. The final payment by the County to the Contractor for all sums due and retained by the County pursuant to the Contract.

1.25 Laborer. Any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.

1.26 Liquidated Damages. A monetary payment made for damages, agreed by both parties in contract which are due and payable for breach by a party. May be applied on a daily basis for as long as the breach is in effect. Cannot be imposed as an arbitrary penalty. Must meet the threshold of reasonableness.

1.27 Lump Sum Pay Item. A pay item within the Contract Documents, bid by the Contractor as a total dollar amount inclusive of all labor and material required to furnish the item and paid for by percentage of completion in place for a given application for payment, as certified by the County.

1.28 Materialman. Any person who furnishes materials under Contract to the County, Contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.

1.29 Modification. A written change to the Contract Documents resulting in a clarification or change to the Scope of Work or material terms of the Contract, which may or may not include changes to the Contract Plans, the Contract Price or the Contract Time. Changes to Contract Price or Contract Time, shall be made in strict accordance with the Construction Contract. Any Modifications that result in an adjustment to the Contract Sum shall be administered pursuant to Fla.

Statute § 218.755.

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1.30 Notice to Proceed (NTP). The official document from the County to the Contractor establishing a date on which the Contract Time will commence.

1.31 Payment & Performance Bond. A bond(s), issued by a surety in accordance with §255.05 Florida Statutes, Article 6 of the Construction Contract and Article 5 of these General Conditions.

1.32 Person. The word “person” shall mean and includes any individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, or capacity, whether appointed by a court or otherwise, and any combination of individuals or “persons.”

1.33 Pre-Construction Conference. A meeting or meetings including the Contractor’s key personnel, key subcontractors, the CEI or A/E (if applicable), County and others involved with the planning and execution of the Work, which shall take place prior to issuance of a Notice to Proceed.

1.34 Progress Payment. A monthly payment made by the County to the Contractor after submission of an Application for Progress Payment by Contractor and subsequent issuance of a Certificate for Payment by the County.

1.35 Project. The sum of all construction activity related to the Contract Documents.

1.36 Request for Information. A written submission by Contractor to the County requesting clarification or instruction with respect to the Contract Documents or means and methods related to the Work.

1.37 Resident Project Representative. An employee of the County or an authorized representative of the CEI or A/E who is assigned to the Project and is responsible for overseeing that the Work is constructed in accordance with the requirements of the drawings and specifications.

1.38 Scope of Work or Work. The construction and services required by the Contract Documents including all labor, materials, equipment and services incidental thereto, provided or to be provided by the Contractor to fulfill the Contractor’s obligation to achieve Final Completion of the Project.

1.39 Shop Drawings. All diagrams, illustrations, brochures, schedules, and/or other data which are prepared by Contractor, a subcontractor, manufacturer, supplier, distributor, or other person on behalf of the Contractor, and which illustrate the equipment, material, or some portion of the Work.

1.40 Subcontractor. A person other than a materialman or laborer who enters into a contract with the Contractor for the performance of any part of the Work. Unless expressly stated otherwise, reference to a “Subcontractor” or “subcontractor” shall have the same meaning and shall include sub-subcontractor’s and lower tier contractors as well.

1.41 Sub-subcontractor. A person other than a materialman or laborer who enters into a contract with a Subcontractor for the performance of any part of the Work included in the Subcontractor’s contract with the Contractor.

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1.42 Substantial Completion. The date upon which the progress of the Work is sufficiently complete in accordance with the construction contract Documents so that the County may use, occupy, or utilize the Work for its intended purpose, as certified by the County.

1.43 Surety. The entity that has undertaken the duty of obligor on the Payment & Performance Bond provided by the Contractor in accordance with the Contract Documents and §255.05 Florida Statutes.

1.44 Superintendent. The Contractor’s authorized executive representative(s) responsible for the job site and progress of the Work at all times.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 The County relied upon the accuracy of all forms submitted in response to the

Invitation to Bid in its decision to enter a Contract with Contractor for performance of the Work. Regardless of whether or not all forms required to be submitted in response to the ITB, are incorporated into the Contract Documents by reference, failure to submit any required form or knowing or negligent submission of inaccurate information on the forms shall be considered a material breach of the

2.2 Delivery of Bonds.

The Contractor shall deliver to the County the required Payment & Performance Bond in accordance with §255.05 Florida Statutes, Article 5.2 herein and Article 6, of the Construction Contract. The Contractor shall record the bonds at the County of Volusia Clerk of the Court at Contractor’s expense.

2.3 Contractor’s Pre-Start Representations.

Contractor represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself 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 it has correlated its study and observations with the requirements of the Contract Documents. Contractor also represents that to the extent it deems necessary it has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in Article 4.2 herein and made such additional surveys and investigations as it deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that it has correlated the results of all such data with the requirements of the Contract Documents.

2.4 Commencement of Contract Time; Notice to Proceed.

A Notice to Proceed (NTP) may be issued at any time after the County executes the Contract Documents and after the occurrence of the Pre-Construction Conference.

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2.5 Before Starting Construction.

2.5.1 Before undertaking any 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. It shall at once report in writing to the County any conflict, error, or discrepancy which it may discover.

2.5.2 Within ten (10) days after the County receives the signed Contract from the

Contractor, Contractor shall submit to the County a tentative progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawing submissions and the completed schedule of values.

2.5.3 Within twenty (20) days after the County receives the signed Contract from the Contractor, but before starting the Work at the site, a Preconstruction Conference will be held by the County to review the above schedules, to establish procedures for handling Shop Drawings, processing Applications for Progress Payment, preparation and maintenance of record drawings, Modifications, use of premises, safety procedures and housekeeping. The County Representative; County Project Manager; CEI or A/E, if not the County Representative; Resident Project Representative, if applicable;

Contractor and their Superintendent(s); Subcontractors and their Superintendents; key suppliers and any other representatives of parties involved in the Project and others as required by the County shall be present at the Preconstruction Conference.

2.6 Starting the Project.

Contractor shall not commence actual construction activity at the site prior to the date of commencement indicated in the Notice to Proceed without written authorization from the County.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS

3.1 Intent.

It is the intent of the Contract Plans and Specifications to describe a complete project to be constructed in accordance with the Contract Documents and to include all items necessary for the proper execution and completion of the Work.

The Contract Documents comprise the entire Contract between County and the Contractor. They may be altered only by a Modification in accordance with the Contract Documents.

3.2 Contract Documents.

The Contract Documents are intended to be complementary; what is called for by one is as binding as if called for by all. The contractor shall review the contract documents and if there is a conflict, error, discrepancy, or omission in these documents, it shall call it to the County’s attention in writing, at once, and before

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proceeding with the Work affected thereby. Generally, written figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings. Any Work that may reasonably be inferred from the Contract Documents, as being required to produce the intended result shall be supplied by the Contractor whether or not it is specifically stated in the Contract Documents. Work, materials, or equipment described in words, which so applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized meanings.

3.3 Variance of Conditions.

3.3.1 If the Contractor believes that any conditions met by it are at variance with the conditions shown by the Contract Documents, that there is any conflict, error, discrepancy or omission in the Contract Documents, or that any instructions given by the County are at variance with the Contract Documents, it shall notify the County in writing within seventy-two (72) hours of the discovery of such conflict, variance, error, discrepancy, or omission, specifying the same. No Work affected by such conflict, variance, error, discrepancy, or omission shall be done, except in the case of emergency endangering life or property, which would result in a claim by the Contractor for extra compensation until the question has been resolved as herein specified and in accordance with the Construction Contract. The Contractor shall, however, proceed with other Work not in question or affected thereby and not deemed by it to entitle it to extra compensation.

The performance by the Contractor of Work affected by the conflict, variance, discrepancy, error, or omission without giving notice within the time above specified or after such notice and before the resolution of the question shall be deemed an acknowledgment by the Contractor that no extra cost is involved, and that if inappropriate, the Work so performed will be removed and replaced with proper Work, and shall constitute an absolute waiver of any claim for extra compensation resulting therefrom.

3.3.2 If the County determines that a variance, conflict, error, discrepancy or omission exists, the correction of which the Contractor agrees will not involve extra cost, the County shall order the necessary change or correction and the Contractor shall proceed with the Work. If the Contractor does not agree that extra cost is not involved, the matter shall be submitted to the County in the manner provided for in Section 2.11.4.6 of the Construction Contract. The Contractor shall proceed with the changes specified by the County to correct the variance, conflict, error, discrepancy or omission without further delay and the questions of extra compensation shall be determined as provided in the Contract Documents.

3.3.3 Under any circumstances wherein delay in the Work during the determination of questions relating to variances, conflicts, errors, or discrepancies, or any other matter would involve, in the opinion of the Contractor, danger to life or property, or violation of applicable laws or regulations, the Contractor shall proceed with the Work and take such steps as it deems necessary to correct the condition. The Contractor shall notify the County within seventy-two (72) hours after the circumstances arose. If the Contractor believes the measures taken entitle it to extra

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compensation, the provisions of Article 4 of the Construction Contract shall apply.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITION;

REFERENCE POINTS

4.1 Availability of Lands.

4.1.1 County shall furnish, as indicated in the Contract Documents and no later than the date when needed by Contractor, access to the lands upon which the Work is to be done, right-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by County, unless otherwise specified in the Contract Documents. If Contractor believes that any delay in County’s furnishing these lands or easements entitles it to an extension of the contract time, it may make a claim therefore as provided in Section 3.3.2 of the Construction Contract. County will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment as shown in the Contract Documents.

4.1.2 The County will furnish to the Contractor copies of all available boundary surveys upon request.

4.2 Unforeseen Physical Conditions.

Contractor shall notify County within seventy-two (72) hours of discovery of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. County shall promptly investigate those conditions and determine if further surveys or subsurface tests are necessary.

Promptly thereafter, County shall obtain the necessary additional surveys and tests and furnish copies to Contractor. If County finds that physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Modification shall be issued incorporating the necessary revisions.

4.3 Reference Points.

4.3.1 Unless otherwise provided in the Contract Documents, Contractor shall lay out its Work from base lines and benchmarks established by the County and shall be responsible for all measurements in connection therewith.

4.3.2 Unless otherwise provided in the Contracts Documents, the County will furnish upon request by the Contractor, all location and limit marks reasonably necessary for the execution of the Work. Benchmarks will also be established by the County at pertinent points for control of elevations and for grades unless otherwise provided in the Contract Documents.

4.3.3 The Contractor shall, at its own expense, furnish all stakes, templates, patterns, platforms, equipment, and labor that may be required in setting and cutting, or laying out any part of the Work. After base lines and bench

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marks for the Work have been provided by the County, the Contractor shall be held responsible for the proper execution of the Work to such lines and grades and all stakes or other marks shall be preserved by the Contractor until removal is authorized. The County may require that the Work be suspended at any time when for any reason such marks cannot be properly followed.

4.3.4 The Contractor shall keep the County informed, a reasonable time in advance, of the times and places at which it intends to do Work in order that lines and grades may be furnished, that inspection may be provided and that necessary measurements for the record may be made with the minimum of inconvenience to the County or of delay to the Contractor.

4.3.5 The Contractor shall report to the County whenever any reference point is lost or destroyed or requires relocation because of changes in grades or locations. The Contractor shall replace and accurately relocate all reference points so lost, destroyed or moved.

ARTICLE 5 – INSURANCE AND BONDS

5.1 General Insurance Requirements, see Exhibit “C”. Contractor shall provide the required insurance detailed in Exhibit “C” for the entire term of the Contract.

Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements of Exhibit “C”. For the purposes of Exhibit “C”, the term “County” shall be defined as the County of Volusia (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law (constitutional), ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by Contract to provide additional insured status.

5.2 Bond Requirements. The Contractor shall furnish a Payment and Performance

Bond(s) in accordance with §255.05 Florida Statutes and the Contract Documents as security for the faithful performance and payment of all its obligations under the Contract Documents. The County Payment and Performance Bond form shall be used. No other forms will be accepted without prior approval from the County. The bond(s) shall be in an amount equal to the Contract Price.

5.2.1 The Payment and Performance Bond shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in the State of Florida. The Attorney-in-Fact or other officer who signs such bond(s) for the surety company must attach a certified copy of its Power-of-Attorney authorizing it to do so.

5.2.2 Qualification of Sureties. The following requirements shall be met by surety companies furnishing the Payment and Performance Bond.

5.2.3 The surety shall be rated “A” or better on the Financial Strength Rating (FSR) and Class “X” or better on the Financial Size Category by Best’s Rating Center, published by A. M. Best Company, Inc., of Ambest Road, GC 11

Oldwick, NJ 08858. Financial Strength Rating of companies providing insurance for the Project shall be “A-” Class VIII or better.

5.2.4 The surety shall also be listed on the U.S. Department of Treasury (Dept.

Circular 570) entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.”

5.2.5 If the County, for justifiable cause (such as the filing for liquidation, appointment of receiver to manage said surety business, insolvency, filing petitions or applications for protection or liquidation under federal bankruptcy laws, or other causes adversely affecting the surety's ability to perform under its bonds), becomes dissatisfied with any surety or sureties then upon the bond(s), the Contractor or subcontractor shall, within fifteen

(15) days after written notice from the County to do so, substitute acceptable bond(s) in such form and sum, and signed by such other surety or sureties as may be satisfactory to the County. The premiums on the bond(s) shall be paid by the Contractor. No further payments shall be deemed due from County to Contractor nor shall be made until the new surety or sureties shall have furnished acceptable bond(s) to the County.

5.2.6 Additional Insurance and Bonds. Prior to delivery of the executed contract by County to Contractor, County may require Contractor to furnish such other bonds and such additional insurance in such form and with such sureties or insurers as County may require. If such other bonds or such other insurances are specified by written instructions given prior to opening of bids, the Contractor shall pay the premiums. If subsequent thereto, they shall be paid by the County.

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.1 Work Performed by Contractor.

If indicated in the Contract Documents or solicitation, Contractor shall perform the required percentage of Work stated as measured by cost (equipment and labor, but not materials) within Contractor’s own firm. Failure of the Contractor to perform the required percentage of Work constitutes a material breach of the Contract.

6.2 Construction Office.

County may require, on a job by job basis, that Contractor shall provide and maintain an office, complete with telephone, heat, and air conditioning, that provides adequate space for use by both Contractors employees and the County Project Representative. The location of such office shall be on the Project site or as approved by the County’s representative.

6.3 Supervision and Superintendence.

6.3.1 Contractor shall supervise and direct the Work efficiently and with its best skill and attention and in accordance with the Construction Contract. It shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be

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exclusively responsible to see that the finished Work complies accurately and completely with the Contract Documents.

6.3.2 Contractor shall maintain on the worksite at all times during Work progress a competent resident Superintendent, who shall not be replaced without written notice to County except under extraordinary circumstances. The Superintendent will be the Contractor’s representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the Superintendent shall be as binding as if given to Contractor.

6.4 Labor, Materials, and Equipment.

6.4.1 The Contractor shall provide competent, qualified personnel to lay out its Work from base lines and bench marks established and to perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site.

6.4.2 Contractor shall furnish all material, equipment, transportation, labor, 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, unless otherwise provided in the Contract Documents.

6.4.3 All materials and equipment incorporated into the Project shall be new except as otherwise provided in the Contract Documents. If required by County, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

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

6.4.5 The Contractor shall be responsible for providing a complete and operable installation of all equipment it furnishes. Any changes or Modifications required to the Contract Documents as a result of the equipment manufacturer’s requirements, and all adjustments to all other Work affected thereby, including but not limited to, added engineering costs due to redesign (to be paid to a design professional), structural, mechanical, electrical, heating, ventilation and air conditioning changes shall be borne by the Contractor at no additional cost to the County.

6.5 Substitute Materials or Equipment.

6.5.1 If the Contract Documents allow Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, it shall submit to County all pertinent information, plans, documents, data and material which may be necessary or desirable for County to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, Contractor thereby warrants and represents that the proposed substitute

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will perform adequately the functions called for by the general design, be similar and of equal substance to the specified and be suited to the same use and be capable of performing the same function as the specified material or equipment.

6.5.2 In addition, Contractor shall, prior to the Pre-construction Conference, make written application to County for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of above Section 6.5.1, and which shall also state whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty and shall identify all variations of the proposed substitute from that specified. At the election of County, Contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph.

6.5.3 No substitute materials or equipment shall be ordered or installed without the written approval of County who will be the sole judge of equality, and County may require Contractor to furnish such other data as it considers appropriate. No materials or equipment shall be ordered or installed without first complying with above Sections 6.5.1 and 6.5.2. The approval by County of any substitute material or equipment shall not diminish the Contractor’s or supplier’s responsibility for the material or equipment submitted as a substitute under this article.

6.5.4 If subsequent to the award of the Contract for the rare occasions that it becomes necessary (because of delays in delivery, strikes, discontinuance of manufacture of items specified or the approved substitutions prior to award) to use an item of equipment or material which is of a different type than the equipment or material specified, or the approved equal thereof, the County, by Modification to the Contract, may authorize the use of such different type equipment or material. Each such different type item (and possibly changes in other parts of the Work related to the item) may be the same, more or less, in cost than the item specified. In its request for use of such different type item, the Contractor shall submit to the County in writing a complete description of the proposed item including dimensions, operational characteristics, changes (if any) that will be required to other related parts of the Work, etc. It shall also submit to the County in writing full information as to costs of the item specified, the cost of the different type item being proposed as well as costs (additional or credits) of changes (if any) to any related parts or the Work. Such information shall be in such form and detail as to permit the County to check, to its satisfaction, the costs involved.

6.6 Subcontractors.

6.6.1 Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment) whether initially or as a substitute against whom County may have reasonable objection. A subcontractor or other person or organization identified in writing to County by Contractor prior to the Notice of Award and not objected to in writing by County prior to the Notice of Award will be deemed acceptable to County in most circumstances.

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Acceptance of any subcontractor, other person or organization by County shall not constitute a waiver of any right of County or to reject defective Work or Work not in conformance with the Contract Documents. If County or after due investigation has reasonable objections to any subcontractor, other person or organization proposed by Contractor after the notice of award, Contractor shall submit an acceptable substitute. Contractor shall not be required to employ any subcontractor, other person, or organization against whom it has reasonable objection. Contractor shall not, without the consent of County, make any substitution of any subcontractor, other person or organization who has been accepted by County unless County determines that there is good cause for doing so.

6.6.2 Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them and of persons, and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between the County and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of County to pay or to cause the payment of any monies due any subcontractor or other person or organization, except as may otherwise be required by law. County may furnish to any subcontractor or other person or organization to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done in accordance with the Schedule of Values.

6.6.3 The divisions and sections of the Specifications and the identifications of any drawings shall not control Contractor in dividing the Work among subcontractors or delineating the Work to be performed by any specific trade.

6.6.4 Contractor shall incorporate the terms and conditions of the Contract

Documents into its contracts with subcontractors and shall require subcontractors to do the same with any lower tier contractors or suppliers.

6.6.5 All Work performed for the Contractor by a subcontractor shall be pursuant to an appropriate agreement between the Contractor and the subcontractor which shall contain provisions that waive all claims and rights the contracting parties may have against one another for damages caused by fire or other perils provided in accordance with these general conditions to the extent payment is actually made under insurance, except such rights as they may have to the proceeds of such insurance held by the County.

The Contractor shall pay each subcontractor a just share of any insurance money received by the Contractor.

6.7 Patent Fees and Royalties.

Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract

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Documents for use in the performance of the Work and if to the actual knowledge of County its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by County in the Contract Documents.

6.8 Permits.

6.8.1 Contractor shall obtain and pay for all required permits and license, except as otherwise noted, and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which were applicable at the time of its Bid.

6.8.2 Contractor shall obtain and pay for any bonds and insurances that may be required by the various permits.

6.9 Laws and Regulations.

The Contractor shall be responsible to know, apply and comply with all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the Work. If Contractor observes that the Contract Documents are at variance therewith, it shall give County written notice thereof, within seventy-two

(72) hours of its observation, and any necessary changes shall be adjusted by an appropriate Modification. If Contractor performs any Work it knows or should know is contrary to such laws, ordinances, rules and regulations, and without such notice to County, it shall bear all costs related to bringing the Work into compliance.

6.10 Use of Explosive.

No blasting shall be done except upon approval by the County and the governmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the County as necessary for the execution of the work, the Contractor shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from its blasting operations and, whenever directed, the number and the size of the charges shall be reduced.

All explosives shall be stored in a secure manner and all such storage places shall be marked clearly “DANGEROUS EXPLOSIVES” and shall be in the care of competent watchmen. All permits required for the use of explosives shall be obtained by the Contractor at its own expense. All requirements of the governmental agency issuing the permit shall be observed.

6.11 Taxes.

Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by it in compliance with the law of the place where the Work is to be performed, unless otherwise stipulated elsewhere in the Contact Documents.

6.12 Use of Premises.

6.12.1 Contractor shall confine its equipment, the storage of materials and equipment and the operations of its workers to areas permitted by law, ordinances, permits or the requirement of the Contract Documents, and

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shall not unreasonably encumber the premises with materials or equipment.

6.12.2 Contractor shall not place or maintain, or allow to be placed or maintained, any advertising matter, sign, bill, poster, etc., on or about the site, except those required by law or by the Contract Documents, unless approved by the County, in writing.

6.12.3 Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall it subject any part of the Work to stresses or pressures that will endanger it.

6.12.4 Use of Public Streets. The use of public streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. The contractor shall remove any earth or other excavated material spilled from trucks, and the street cleaned to the satisfaction of the County, and at those times as directed by the County.

6.12.5 Clearing of Site/Parking. There shall be no clearing of the site for purpose of parking equipment or the storage of products/materials. All equipment shall be parked as designated by the County staff.

6.12.6 Ground Disturbance. County staff or a professional archaeologist

(services retained by the County) must be present on the site during ground disturbance activities for the purpose of monitoring for the presence of archaeological and historical resources. Should such resources be found, the contractor shall immediately cease all, ground disturbance and construction activity and immediately contact the County.

The contractor shall not resume construction or site disturbance activities until such time as given approval by the County.

6.12.7 D.E.P. Permit. Should a Florida Department of Environmental Protection

Permit for Stormwater Discharge from Large and Small Construction Activities be required for this project, Contractor shall be responsible for using the most recent version.

6.13 Record Plans.

Throughout the Project, Contractor shall maintain records of all deviations from the Contract Plans and Specifications and shall prepare record drawings showing correctly and accurately all changes and deviations from the Work made during construction to reflect the Project as it was actually constructed. These drawings shall conform to recognized standards of drafting, shall be neat and legible.

Contractor shall be liable to County for the cost to develop record drawings upon Contractor’s failure or refusal to provide same in a timely manner.

Contractor shall keep one copy of the record of all drawings, specifications, addenda, modifications, and shop drawings at the site in good order and annotated to show all changes made during the construction process. These documents shall be available to County at all times.

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6.14 Safety and Protection.

The Contractor will be solely responsible for initiating formulating, supervising, reviewing, and overseeing any and all safety precautions, practices, procedures, and programs which are or should be provided in connection with the Work.

Contractor will take all necessary or proper precautions for the safety of and will provide the necessary protection to prevent damage, injury, or loss to:

6.14.1 All employees on the work site and any other person who may be affected thereby whether or not such person is involved with the Work.

6.14.2 All the Work and all materials or equipment to be incorporated therein whether in storage on or off the site.

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

6.14.4 Damage to Existing Structures and Utilities. The contractor shall be responsible for and make good all damage to pavement beyond the limits of contract work, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures, which may be encountered, whether or not shown on the drawings. Information shown in the contract documents as to the location of existing utilities has been prepared from the most reliable data available to the architect/engineer. This information is not guaranteed, however, and it shall be this contractor’s responsibility to determine the location, character, and depth of any existing utilities. It shall assist the utility companies, by every means possible, to determine said locations. Extreme caution shall be exercised to eliminate any possibility of damage to utilities resulting from contractor’s activities.

6.14.5 Adjustments of Utility Castings, Covers and Boxes. All existing utility castings, including valve boxes, junction boxes, manholes, hand holes, pull boxes, inlets, and similar structures in the areas of grading and paving shall be adjusted by the contractor to bring them flush with the surface of the finished work, if so shown on the drawings. Where these items are not shown on the drawings (to be adjusted by contractor) will be the utility owner’s responsibility to adjust them.

6.14.6 Notification to Utility Companies. The excavators shall comply with FL 77-

153 regarding notification of existing gas and oil pipeline company owners.

Evidence of such notice shall be furnished to the County prior to excavating.

6.14.7 Maintenance of Traffic. The contractor shall be responsible for the proper maintenance, control, and detour of traffic in the area of construction during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of Volusia County or the Florida Department of Transportation “Manual of Traffic Control of Safe Practices for Streets and Highway Construction, Maintenance, and Utility Operations.” It shall be the contractor’s

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responsibility, as bidder, prior to submitting its bid, to determine these requirements so that its proposal reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour, and protection of traffic.

6.14.7.1 At least one lane of traffic in each direction shall be maintained at all times, unless otherwise authorized by the architect/engineer. Access to each business shall be maintained during business hours. If more than one access to a business is available, closing one driveway temporarily may be done with the approval of the Inspector and the County traffic engineer.

6.14.7.2 The contractor shall provide a traffic plan for each construction phase and shall obtain approval from the County’s traffic engineer at least forty-eight (48) hours in advance when a change in the plan will be required. The plan must be approved prior to implementation. All necessary signing and pavement marking will be in place prior to the change in traffic pattern. Drop-offs adjacent to a moving lane of traffic shall be properly barricaded with steady burn barricades.

6.14.7.3 The contractor shall keep all law enforcement, fire protection and ambulance agencies informed, in advance, of its construction schedules, and shall notify all such agencies, forty-eight (48) hours in advance, in the event of a detour of any roadway.

6.14.7.4 All traffic control signs, arrow boards, barricades, flashers, message boards, and similar devices shall be furnished and maintained by the contractor.

6.14.8 Barricades and protection of Work. The contractor shall protect its work throughout its length by the erection of suitable barricades and handrails where required. It shall further indicate this work at night by the maintenance of suitable lights or flares, especially along or across thoroughfares. Wherever it is necessary to cross a public walk, it shall provide a suitable safe walkway with hand railings. It shall also comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The contractor shall carry out its work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times.

6.14.9 Safety. The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work.