EXHIBIT A GENERAL CONDITIONS TABLE OF CONTENTS 3. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT

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1 ARTICLE NUMBER 1. DEFINITIONS 2. PRELIMINARY MATTERS EXHIBIT A GENERAL CONDITIONS TABLE OF CONTENTS 3. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 4. AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 5. BONDS AND INSURANCE 6. CONTRACTOR S RESPONSIBILITIES 7. WORK BY OTHERS 8. COUNTY S RESPONSIBILITIES 9. ARCHITECT/ENGINEER S STATUS DURING CONSTRUCTION 10. CHANGES IN THE WORK 11. CHANGE OF CONTRACT PRICE 12. CHANGE OF THE CONTRACT TIME 13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14. PAYMENTS AND COMPLETION 15. SUSPENSION OF WORK AND TERMINATION 16. SETTLEMENT OF DISPUTES 17. MISCELLANEOUS GC 1

2 GENERAL CONDITIONS INDEX TO GENERAL CONDITIONS Article or Paragraph No. ACCESS TO THE WORK 13.3 ADDITIONS BY COUNTY 10.1 AGREEMENT, EXECUTION OF 2.1 ALLOWANCES 11.4 APPLICATION FOR PAYMENT, FINAL 14.8 APPLICATION FOR PAYMENT, PROGRESS 14.2 APPROVAL OF PAYMENT, FINAL APPROVAL OF PAYMENTS 14.4 AVAILABILITY OF LANDS 4.1 BONDS, ADDITIONAL 5.3 BONDS - IN GENERAL 5. BONDS - DELIVERY OF 2.2 BONDS - PERFORMANCES, PAYMENT AND OTHERS 5.1 CHANGE OF CONTRACT PRICE - GENERAL 11.1 CHANGE ORDERS AND PAYMENTS, ENGINEER S RESPONSIBILITY 9.5 CHANGE ORDERS - EXECUTION 10.4 CHANGES IN THE WORK - IN GENERAL 10. CLAIMS, WAIVER OF CLARIFICATIONS AND INTERPRETATIONS 9.3 CLEANING 6.14 COMPLETION - GENERAL 14. COMPLETION - SUBSTANTIAL 14.5 CONSTRUCTION, BEFORE STARTING 2.7 CONTRACT DOCUMENTS - IN GENERAL 3.2 CONTRACT PRICE - CHANGE IN 11. CONTRACT TIME, CHANGE OF THE - GENERAL 12.1 CONTRACT TIME, COMMENCEMENT OF 2.5 CONTRACTOR MAY STOP WORK OR TERMINATE 15.3 CONTRACTOR S CONTINUING OBLIGATION CONTRACTOR S FEE 11.3 CONTRACTOR S INSURANCE 5.2 CONTRACTOR S PRE-START REPRESENTATIONS 2.4 CONTRACTOR S RESPONSIBILITIES 6. CONTRACTOR S WARRANTY OF TITLE 14.3 CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.6 CORRECTION PERIOD, ONE YEAR 13.7 CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3. COST OF WORK 11.2 COUNTY MAY STOP WORK 13.5 COUNTY MAY SUSPEND WORK 15.1 COUNTY MAY TERMINATE 15.2 COUNTY S REPRESENTATIVE - ARCHITECT/ENGINEER S TO SERVE AS 9.1 COUNTY S RIGHTS AND REPRESENTATIVE - IN GENERAL 8.1 DEFECTIVE WORK, ACCEPTANCE OF 13.8 GC 2

3 Article or Paragraph No. DEFECTIVE WORK, CORRECTION OR REMOVAL OF 13.6 DEFECTIVE WORK - IN GENERAL 13. DEFECTIVE WORK, REJECTING 9.4 DEFINITIONS 1. DELAY IN PERFORMANCE OF CONTRACT 12.2 DELAY - LIQUIDATED DAMAGES 12.3 DELETIONS BY COUNTY 10.1 DISAGREEMENTS, DECISIONS BY ARCHITECT/ENGINEER 9.7 DISPUTES - SETTLEMENT OF 16 DOCUMENTS, COPIES OF 2.3 DRAWINGS (PLANS), RECORD 6.11 EMERGENCIES 6.13 ENGINEER/ARCHITECT STATUS DURING CONSTRUCTION - IN GENERAL 9. EQUIPMENT - CONTRACTOR FURNISHED 6.3 EQUIPMENT - SUBSTITUTE 6.4 EXECUTION OF AGREEMENT 2.1 FEE, CONTRACTOR S 11.3 FIELD ORDER - ISSUED BY ARCHITECT/ENGINEER 10.2 FINAL APPLICATION FOR PAYMENT 14.8 FINAL INSPECTION 14.7 FINAL PAYMENT, APPROVAL OF 14.9 GENERAL - MISCELLANEOUS PROVISIONS 17. GIVING NOTICE 17.1 GUARANTEE, WARRANTY AND 13.1 IMMIGRATION REFORM & CONTROL ACT OF INDEMNIFICATION 6.15 INSPECTION, FINAL 14.7 INSPECTION, TESTS AND 13.2 INSURANCE - ADDITIONAL 5.3 INSURANCE - CONTRACTOR S 5.2 INSURANCE - IN GENERAL 5. INTENT OF CONTRACT DOCUMENTS 5.1 INTERPRETATIONS AND CLARIFICATIONS 9.3 LABOR, MATERIALS AND EQUIPMENT 6.3 LAWS AND REGULATIONS 6.8 LIQUIDATED DAMAGES FOR DELAY 12.3 LOCAL CONDITIONS - CONTRACTOR S FAMILIARITY WITH 2.4 MATERIALS AND EQUIPMENT - BY CONTRACTOR 6.3 MATERIAL OR EQUIPMENT, SUBSTITUTE 6.4 MINOR CHANGES BY ARCHITECT/ENGINEER 10.2 MISCELLANEOUS PROVISIONS 17. NEGLECTED WORK BY CONTRACTOR 13.9 NOTICE, GIVING OF 17.1 NOTICE TO PROCEED - GIVING OF 2.6 GC 3

4 Article or Paragraph No. OR EQUAL ITEMS 6.4 PARTIAL UTILIZATION 14.6 PATENT FEES AND ROAYLTIES 6.6 PAYMENTS - ARCHITECT/ENGINEER S RESPONSIBILITY 9.5 PAYMENTS - IN GENERAL 14. PERFORMANCE OF CONTRACT, DELAY 12.2 PERFORMANCE, PAYMENT AND OTHER BONDS 5.1 PERMITS 6.7 PHYSICAL CONDITIONS, UNFORESEEN 4.2 PRECONSTRUCTION CONFERENCE 2.7 PREMISES, USE OF 6.10 PREPURCHASED ITEMS, INSURANCE REQUIREMENTS 5.2 PRE-START REPRESENTATIONS, CONTRACTOR S 2.4 PROGRESS PAYMENT, APPLICATION FOR 14.2 PROGRESS SCHEDULE 14.1 PROJECT REPRESENTATIVE, RESIDENT - PROVISION FOR 9.6 PROJECT, STARTING 2.6 PROTECTION, SAFETY AND 6.12 RECORD PLANS 6.11 REFERENCE POINTS 4.3 REGULATIONS, LAWS AND 6.8 REVISIONS BY COUNTY 10.1 ROYALTIES, PATENT FEES AND 6.6 SAFETY AND PROTECTION 6.12 SAMPLES 9.5 SCHEDULE OF SHOP DRAWINGS SUBMISSIONS 14.1 SCHEDULE OF VALUES 14.1 SHOP DRAWINGS - ARCHITECT/ENGINEER S RESPONSIBILITY 9.5 SITE INSPECTION - BY CONTRACTOR 2.4 SITE, VISITS TO - BY ARCHITECT/ENGINEER 9.2 STARTING CONSTRUCTION, BEFORE 2.7 STOPPING WORK - BY CONTRACTOR 15.3 STOPPING WORK - BY COUNTY 13.5 SUBCONTRACTORS - IN GENERAL 6.4 SUBSTANTIAL COMPLETION - CERTIFICATION OF 14.5 SUBSTITUTE MATERIALS OR EQUIPMENT 6.4 SUPERINTENDENCE - CONTRACTOR S 6.2 SUPERVISION AND SUPERINTENDENCE 6.2 SUPPLEMENTAL COSTS 11.2 SURETY - CONSENT TO PAYMENT 14.8 SURETY - QUALIFICATION OF 5.1 SUSPENDING WORK, BY COUNTY 15.1 SUSPENSION OF WORK AND TERMINATION - GENERAL 15. TAXES 6.9 TERMINATE WORK - BY CONTRACTOR 15.3 TERMINATE WORK - BY COUNTY 15.2 TESTS AND INSPECTIONS 13.2 TIME, CHANGE OF CONTRACT 12. TIME, COMPUTATION OF 17.2 GC 4

5 Article or Paragraph No. TRENCH EXCAVATION 7.16 UNAUTHORIZED WORK 10.3 UNCOVERING WORK 13.4 VARIANCE OF CONDITIONS 3.3 WAIVER OF CLAIMS WARRANTY AND GUARANTEE 13.1 WARRANTY OF TITLE, CONTRACTOR S 14.3 WORK BY OTHERS - IN GENERAL 7. WORKS BY OTHERS - CONTRACTOR S RESPONSIBILITY 7.2 WORK BY OTHERS NOT NOTED 7.3 WORK BY THE COUNTY 7.1 WORK, COST OF 11.2 GC 5

6 ARTICLE 1 - DEFINITIONS Whenever in the contract documents 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, FINAL ACCEPTANCE A formal action by the County of accepting the work as being complete after certification by the county representative or his designee of final completion. 1.2 ADDENDUM A written explanation, interpretation, change, correction, addition, deletion, or modification affecting the contract documents, including drawing and specifications prepared by the Consultant and approved and issued by the County. 1.4 AFFIDAVIT The instrument which is to be signed by the Contractor and submitted to the County upon the County s request through the Project Manager, upon completion of the job, showing that all bills have been paid. It shall also mean such instrument that may be requested by the County incidental to partial payments. 1.5 AGENCY The state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under Sections or of the Florida Statutes. 1.6 APPLICATION FOR PROGRESS PAYMENT The current estimate form furnished by architect/engineer which is used by the contractor in requesting progress payments. 1.7 ARTICLE The subdivision of a section of the contract, instructions to bidders, general conditions, and the special conditions. GC 6

7 1.8 ARCHITECT A person or firm that is authorized to practice architecture pursuant Florida Statute or a general contractor who provides architectural services under a design-build contract authorized by s (3). 1.9 ARCHITECT/ENGINEER 1.10 BID The design professional identified in the contract documents. The terms Architect and Architect/Engineer (A/E) mean the architect/engineer or its authorized representative. A contractor s offer to the County in response to an invitation to bid (ITB) issued by a purchasing authority BIDDER OR OFFEROR An individual, firm, or corporation submitting a bid in response to an invitation to bid (ITB) BID DOCUMENTS The official forms on which the County requires formal bids to be prepared and submitted by the bidder BID SECURITY OR BID BOND The security designated in the bid proposal to be furnished by the bidder as guarantee that it will enter into a contract for the work if he/she is awarded a contract BONDS Bid, performance, labor and material payment, maintenance, and other instruments of security furnished by contractor and its surety in accordance with the contract documents CALENDAR DAY Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions. GC 7

8 1.16 CHANGE ORDER A written order to the contractor signed by the County authorizing an addition, deletion, or revision in the work, or an adjustment in the contract price or time CONSTRUCTION All labor, services, and materials provided in connection with the alteration, repair, demolition, construction, reconstruction, or any other improvements to real property CONSULTANT The person or entity qualified to perform work under an Agreement and any Task Assignment related thereto. In addition, Consultant must be a professional engineer or engineering firm, including an architect (or registered landscape architect, surveyor and mapper, professional engineer, architect or registered landscape architect providing professional services within the meaning of Section , F.S., who is registered in the State of Florida. In addition, the Consultant may be the engineer or architect or landscape architect of record or may provide services through and be subcontracted to the engineer of record CONTRACT An agreement between the County and contractor, with binding legal and moral force, covering the work to be performed in exchange for money CONTRACT BONDS The securities (Performance and Payment Bonds) furnished by the contractor and the surety as a guarantee that the contractor will fulfill the terms of the contract in accordance with the specifications, drawings and other contract documents CONTRACTOR PROJECT MANAGER OR PROJECT MANAGER The individual responsible for the day-to-day administration of the project for the contractor CONSENT OF SURETY OF FINAL PAYMENT A document from the contractor s surety indicating that said surety has either made a careful examination of the books and records of the contractor, or received the contractor s affidavit, which satisfies the surety that all claims for labor and materials have been satisfactorily settled, and therefore approve final payment to the contractor. GC 8

9 1.23 CONTRACT ADMINISTRATOR The Director of Purchasing and Contracts or his/her designee responsible for addressing any concerns within the scope of the contract CONTRACT DOCUMENTS The contract documents comprise the entire contract between the County and the Contractor that are attached to this contract, are made part of this contract, and includes, but are not limited to, the following: (1) Legal Advertisement, (2) Instructions to Bidders, (3) Bid Documents, (4) Bid Security or Bid Bond, (5) Certificates of Insurance, (6) Construction Contract, (6) Performance Bond, (7) Payment Bond, (8) General Conditions, (9) Special Conditions, (10) Technical Specifications, (11) Drawings, (12) Notice of Award and/or Proceed, (13) Written interpretation, (14) Written orders for minor changes in work, (15) Addenda issued before this contract is signed, and (16) any modifications or change orders to the contract issued after execution of this contract CONTRACT PRICE The total monies payable to the contractor under the contract documents for a project CONTRACT TIME The number of consecutive days, as stated in Article III, Paragraph 1 of the contract for the completion of the work CONTRACTOR The person or entity qualified to perform work under the Project and who is registered and licensed under the Florida Department of Business and Professional Regulation and in compliance with local laws or ordinances, other than a materialman or laborer, who enters into a contract with the County for improving real property in accordance with the Contract Documents CONTRACTOR S RELEASE A document wherein the contractor acknowledges receipt of full and final payment from the County in complete satisfaction of all the County s obligations under the contract and which releases and discharges County and the architect/engineer from all claims and demands arising from the work performed pursuant to the contract documents. GC 9

10 1.29 COUNTY The County of Volusia, Florida, a political subdivision of the State of Florida for whom the work is to be performed COUNTY PROJECT MANAGER OR PROJECT MANAGER The County employee or authorized representative of the architect/engineer 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 COUNTY REPRESENTATIVE 1.32 DAY Also known as the Owner s representative who is the County Engineer or person designated by the County to review, approve and make decisions regarding the scope of work. A calendar day of twenty-four hours measured from midnight to the next midnight DELIVERY The date the documents are mailed to the contractor from the County DRAWINGS/PLANS The official approved drawings or plans or exact reproductions thereof, which have been prepared and signed and sealed by an architect/engineer, which shows the location, character, dimensions and details of the work to be done and which are considered as part of the contract documents ENGINEER The person, firm, or corporation named as such in the contract and/or authorized by the County to act as County s representative or the County construction engineer, authorized to practice engineering services pursuant to Florida Statute (2)(i), who may serve as the County s engineers of construction, engineering and inspection. The term engineer shall be synonymous with design architect/engineer or architect/engineer or consultant. GC 10

11 1.36 ENGINEER OF RECORD The professional engineer or engineering firm contracted or employed by the County and registered in the State of Florida who develops criteria and concept for the work, performs the analysis and 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 EQUIPMENT The machinery and equipment, together with the necessary supplies for maintenance, including the tools and apparatus necessary for the proper construction and acceptable completion of the work FIELD ORDER 1.39 FIRM A written instrument issued by architect/engineer to the contractor, which clarifies or interprets the drawings and technical specifications, and/or orders minor variations in the work, as opposed to a change in the work, and which does not involve an adjustment in contract price or time. Any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state FORCE ACCOUNT WORK Work performed in addition to that set forth in the original contract or in supplemental agreements or change orders, and which is paid for on the basis of actual cost of materials and labor, plus a fixed percentage of such costs FURNISH Supply and deliver ready for unloading, unpacking, assembly, erection, anchoring, applying, working to dimension, protecting, cleaning, and similar operations IMPROVEMENT Any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. GC 11

12 1.43 INSPECTOR OR FIELD REPRESENTATIVE County employee or an authorized representative of the architect/engineer assigned to make any or all necessary inspections of the work performed and materials furnished by the contractor INSTALL See furnish 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 LABOR AND MATERIAL BOND See payment bond LUMP SUM A pay item within the contract documents, which is paid without regard to quantities or unit of measure MATERIALMAN Any person who furnishes materials under contract to the owner, 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 MATERIALS Any substance used in connection with the construction of any structure, facility, or appurtenance, or of other work under the contract MODIFICATON A. Change Order: A written order to contractor signed by County authorizing an addition, deletion, or revision in the work, or an adjustment in the contract price or time issued after execution of the contract. GC 12

13 B. Field Order: A written clarification, interpretation, minor change or alteration issued by the architect/engineer in accordance with Article 9, Paragraph 9.3 and Article 10, Paragraph D. Addenda: A document, written by the architect/engineer, issued by the County that is added to the original contract documents during the bidding period to clarify, revise, add to, or delete from the original contract documents or previous addenda NOTICE: 1.52 OWNERS 1. Notice of Acceptance (NOA): The official letter from the County notifying the successful bidder that they have been awarded a contract. 2. Notice of Award (NOA): See Notice of Acceptance. 3. Notice to Proceed (NTP): The official letter from the County to the contractor establishing a date on which the contract will commence. The owner is the County of Volusia for whom all Work or Services under the contract documents are performed by the Contractor PAYMENT BOND A bond, which assures payments, as required by law, to all persons supplying labor or material for the completion of work under the contract PENAL SUM The amount in which a bond is issued is called the penal sum, or the penalty amount, of the bond PERFORMANCE BOND A bond given by a surety on behalf of the Contractor to ensure the timely performance of the SOW of this Agreement 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. GC 13

14 1.57 PLANS See Drawings PRE-CONSTRUCTION CONFERENCE The meeting of all the parties involved with the planning and execution of the construction of the project PRINCIPAL When used in the bid bond, the word principal means the same as the word bidder. When used in the performance and payment bonds, the word principal means the same as the word contractor PRODUCT The materials, systems, and equipment PROJECT A fixed capital outlay study or planning activity described in the public notice of the State or County which includes the entire Scope of Work which shall be performed in accordance with the Contract Documents. A Project may include: 1. A grouping of minor construction, rehabilitation, or renovation activities. 2. A grouping of substantially similar construction, rehabilitation, or renovation activities. The entire work to be performed pursuant to the contract documents PROJECT MANAGER See County project manger PROPOSAL The document submitted by the offeror in response to a formal solicitation to be used as the basis for negotiations for entering into a contract PROVIDE To furnish, install, complete, and have ready to use. GC 14

15 1.65 PROVIDED As used in the specifications or upon the drawings provided shall mean, furnished and installed. Where as shown, as indicated, as detailed or words of similar import are used, it shall be understood that references to the drawings and/or specifications accompanying these documents are intended unless otherwise expressly stated REQUEST FOR INFORMATION (RFI) Prospective bidders or contractor s inquiries for information RESIDENT PROJECT REPRESENTATIVE An employee of the County or an authorized representative of the architect/engineer 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 RESPONSIVE BIDDER A bidder or offeror who has submitted a bid which conforms in all material respects to the requirements stated in the bidding documents RESPONSIBLE BIDDER A bidder or offeror who has the capability in all respects to perform fully the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance SECURITIES See performance or payment bonds SCOPE OF WORK The work, herein defined, as well as the responsibility for performing and complying with all incidental matters pertaining thereto, as set out in the contract documents 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. GC 15

16 1.73 SPECIAL CONDITIONS Specific clauses supplemental to the other contract documents setting forth conditions varying from or additional to the other contract documents for a specific project SPECIFICATIONS The document that establishes the material and performance requirements of goods and services STATE State of Florida SUBCONTRACTOR A person other than a materialman or laborer who enters into a contract with a general contractor for the performance of any part of the contract documents 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 such subcontractor's contract SUBSTANTIAL COMPLETION The date in which the construction of the project, or specified part thereof, of any substantial nature has been completed, as certified by the architect/engineer in accordance with the contract documents, so that the project, or specified part, can be utilized for the purposes for which it was intended. If the County has authorized a person, firm, or corporation, other than the architect/engineer, to act as County s representative, then such County s representative shall certify the completion date and when the project is substantially completed SURETY An individual or corporation legally liable for the debt, default, or failure of a principal to satisfy the obligations of a contract SUPERINTENDENT The contractor s authorized executive representative responsible for the work at all times. GC 16

17 1.81 WORK Any and all obligations, duties, and responsibilities necessary to the successful completion of the project including supplying and installing of all labor, materials, equipment and other incidentals related thereto WORK ORDER A written authorization to the contractor signed by the County, concerning the performance of work and/or the furnishing of materials on a force account basis as provided in the general conditions. ARTICLE 2 - PRELIMINARY MATTERS 2.1 EXECUTION OF CONTRACT Contractor shall have ten (10) days from the date of Notice of Award to furnish the executed contract, required bonds, and insurance Acord. 2.2 DELIVERY OF BONDS If bonds are required, the contractor shall deliver to the County the required bonds in accordance with article 5, paragraph 5.1. The contractor shall record the bonds at the County of Volusia Clerk of the Court at his/her 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 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 issues the contract to the Contractor. GC 17

18 2.5 BEFORE STARTING CONSTRUCTION A. 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 architect/engineer any conflict, error, or discrepancy which it may discover. B. Within ten (10) days after the County receives the signed contract from the contractor, contractor shall submit to the County representative 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. C. 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, field and change orders, use of premise, safety procedures and housekeeping. The County Representative; County Project Manager; Architect/Engineer, 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 meeting. 2.6 STARTING THE PROJECT Contractor shall start to perform its obligations under the contract documents on the date indicated on the Notice to Proceed. No work shall be performed at the site prior to such date without County s written permission. ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 3.1 INTENT It is the intent of the drawings 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 agreement GC 18

19 between County and the contractor. They may be altered only by a formal modification. 3.2 CONTRACT DOCUMENTS The contract documents are 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 proceeding with the work affected thereby. In resolving such conflicts, errors, discrepancies, and omissions, the documents shall be given precedence in the following order: contract, modifications, addenda, instructions to bidders, general and special conditions, technical specifications, and drawings. 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 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 standards. 3.3 VARIANCE OF CONDITIONS A. 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 architect/engineer are at variance with the contract documents, it shall notify the architect/engineer, 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. 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. GC 19

20 B. If the architect/engineer determines that a variance, conflict, error, discrepancy or omission exists, the correction of which the contractor agrees will not involve extra cost, the architect/engineer 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 article 16 Settlement of Disputes. The contractor shall proceed with the changes specified by the architect/engineer to correct the variance, conflict, error, discrepancy or omission without further delay and the questions of extra compensation shall be determined as provided in paragraph 9.7 entitled Decisions on Disagreements. C. 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, the contractor shall proceed with the work and take such steps as it deems necessary to correct the condition. The contractor shall notify the architect/engineer within seventy-two (72) hours after the circumstances arose. If the contractor believes the measures taken entitle it to extra compensation, the parties shall endeavor to agree upon an amount. Upon the failure to do so, the matter shall be determined as provided for in article 16 Settlement of Disputes. The failure of the contractor to notify the architect/engineer within the time above specified or to present in writing at that time its claim that it is entitled to extra compensation shall be deemed as an absolute waiver by it of any right to extra compensation therefore. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITION; REFERENCE POINTS 4.1 AVAILABILTY OF LANDS A. 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 article 12. County will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. GC 20

21 B. The County will furnish to the contractor copies of all available boundary surveys upon request. 4.2 UNFORSEEN PHYSICAL CONDITIONS Contractor shall notify County and architect/engineer in writing 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. Architect/engineer shall promptly investigate those conditions and advise County in writing if further surveys or subsurface tests are necessary. Promptly thereafter, County shall obtain the necessary additional surveys and tests and furnish copies to architect/engineer and contractor. If architect/engineer 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 formal change order shall be issued incorporating the necessary revisions. 4.3 REFERENCE POINTS A. 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. B. 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. Bench marks will also be established by the County at pertinent points for control of elevations and for grades unless otherwise provided in the contract documents. C. 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 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. D. The contractor shall keep the County and architect/engineer 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 GC 21

22 measurements for the record may be made with the minimum of inconvenience to the County or of delay to the contractor. E. The contractor shall report to the County and architect/engineer 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. ARTICE 5 INSURANCE AND BONDS 5.1 General. The Contractor shall not commence any Work or Services in connection with this Contract until it has obtained all of the following types of insurance and such insurance has been approved by the County. Approval by the County of any policy of insurance shall not, however, relieve the Contractor from its responsibilities to maintain the insurance coverage required herein for the entire term of this Contract and for such longer periods of time as may be required under other clauses of this Contract. During the term of the Contract, the Contractor shall also be responsible for providing the County with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County. 5.2 At the County s request, the Contractor shall furnish to the County certificates of insurance evidencing the coverages required hereunder. Should the County find it necessary to require copies of the underlying policies, the Contractor shall provide them promptly for County s review and approval. The certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by these provisions. No work shall be commenced until County has approved these policies. This Contract may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County for review within thirty (30) days of the date of execution of this Contract. 5.3 All certificates required hereunder must contain language requiring thirty (30) days notification to the insured unless otherwise agreed to in writing by the parties but under no circumstance upon less than ten (10) days notice or as permitted under Florida law, prior to any cancellations or reduction of limits taking effect. Upon receipt of any such notification, the Contractor shall promptly advise the County Risk Management Department and provide the County with a copy of such notification. 5.4 All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and any insuring company is required to have a minimum rating of A-, Class VIII in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. GC 22

23 5.5 Personal Property. The Contractor shall secure and maintain during the term of this Contract, adequate insurance coverage for its own personal property and for the personal property of its employees and agents, and shall require the same coverage for its subsidiaries, trade Contractors or Subcontractors, and their employees and agents. 5.6 Worker s Compensation. Notwithstanding the Contractors ability to qualify for an exemption under the Florida Workers Compensation law in Chapter 440 Florida Statutes, the Contractor shall: (1) secure and maintain at its sole cost and expense Worker's Compensation insurance, for itself and all its employees; (2) require its trade Contractors, subcontractors, or subsidiaries doing work in connection with this Contract to provide the same coverage, without exclusion of any class of employee, and with a minimum of FIVE HUNDRED THOUSAND DOLLARS AND N0/100 ($500,000.00) per occurrence; and, (3) have employees of Contractor or Contractor's trade Contractors or subcontractors, who have no Workers Compensation insurance coverage because said Contractor and trade Contractors or subcontractors qualify for an exemption under the Florida Workers Compensation law under Chapter 440 Florida Statutes, execute a release and waiver of workers compensation claims against County. Further, if Contractor's subcontractors or trade Contractors fail to obtain Worker's Compensation insurance and a claim is made against the County by the uncovered employee of said subcontractor of Contractor, the Contractor shall indemnify the County for all costs including attorney s fees and costs arising under said employees Worker's Compensation insurance claim(s). 5.7 Commercial General. The Contractor shall secure and maintain during the contract term ONE MILLION DOLLARS AND NO/100 ($1,000,000.00) (bodily Injury/property damage) combined single limit Commercial General Liability insurance (including coverage for premises and operations including explosion, collapse and underground coverage, elevators, independent Contractors, completed operations, and "blanket contractual liability" on all written contracts, including "broad form" property damage coverage) protecting itself, its employees, agents, trade Contractors or subcontractors, or subsidiaries and their employees or agents, for claims for damages caused by personal injury, loss or damage of property and other such causes including what is commonly known as groups A, B, and C (libel, false arrest, slander). If such comprehensive coverage of all subcontractors, outside Contractors, and agents employed by the Contractor in the performance of this Contract is not available from the Contractor's insurer then, upon County's approval, the Contractor may furnish to the County insurance polices with similar coverage and protection for the County, provided to it by its trade Contractors or subcontractors, outside Contractors or agents, in addition to the Contractor's own policy. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the GC 23

24 employment of such person by the Contractor or by any of its Contractors doing work in connection with this Contract. Public Liability coverage shall include either Blanket Contractual insurance or a Designated Contract Contractual Liability coverage endorsement, indicating expressly the Contractor s contract to hold the County harmless as provided in the Contractor s hold-harmless clause Builder s Risk. The Contractor or subcontractor shall purchase and maintain ALL RISKS coverage, including flood and earthquake damage, fire and extended coverage upon the project not to exceed the value of ONE MILLION DOLLARS AND NO/100 ($1,000,000.00). This coverage should also include automatic permission to occupy and shall cover the insurable interest of the County (city, township, borough, municipality, authority, corporation, association, partnership or individual),contractor, and subcontractor in the work The County and Contractor waive all rights against each other for damages caused by fire or other perils to the extent payment is actually made under insurance provided under this paragraph, except such rights as they may have to the proceeds of such insurance held by the County Excess/Umbrella Liability. Contractor shall obtain an excess liability policy in addition to the scheduled policies (commercial general liability, business auto liability and employers' liability) in the amount of ONE MILLION DOLLARS AND NO/100 ($1,000,000.00). The maximum self-insured retention for each occurrence shall not exceed TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00) The Contractor shall maintain Comprehensive General Liability policies which provide coverage for products/completed operations for a period of one (1) year after Substantial Completion Property Damage Liability shall provide "X", "C", or "U" coverage as applicable. 5.8 Motor Vehicle. The Contractor shall secure and maintain during the contract term, ONE MILLION DOLLARS AND NO/100 ($1,000,000.00) (bodily Injury/property damage) combined single limit Business Automobile Liability insurance (including Any Auto coverage), protecting itself, its employees, agents, Contractors or subsidiaries and their employees or agents, against claims for damages caused by personal injury, loss or damage of property and other such causes. If such comprehensive coverage of all trade Contractors or subcontractors, outside Contractors, and agents employed by the Contractor in the performance of this Contract is not available from the Contractor's insurer GC 24

25 then, upon County's approval, Contractor may furnish to the County insurance polices with similar coverage and protection for the County, provided to it by its trade Contractors or subcontractors, outside Contractors, or agents in addition to the Contractor's own policy. Such policy shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person by the Contractor or by any of its trade Contractors or subcontractors doing work in connection with this Contract. Public Liability coverage shall also include automobiles, whether owned, non-owned, or hired. It shall include either Blanket Contractual insurance or a Designated Contract Contractual Liability coverage endorsement that shall make express reference to the Contractor's hold-harmless clause. 5.9 Professional. If professional services are to be provided by a subcontractor, the Contractor shall ensure that the subcontractor secures and maintains, during the contract term and for at least three (3) years thereafter, Professional Liability insurance coverage with minimum limits of ONE MILLION DOLLARS AND NO/100 ($1,000,000.00) (with a maximum deductible of FIFTY THOUSAND DOLLAR AND NO/100 ($50,000.00) per claim). Such policy shall cover all of the subcontractor s professional liabilities whether occasioned by the Contractor or subcontractor, their agents, employees. If the subcontractor fails to secure and maintain Professional Liability insurance coverage, the Contractor shall be obligated to obtain and maintain said insurance as stated in this paragraph, and shall be liable to the County and indemnify it against all claims, actions, losses or damages covered by such insurance. It is the Contractor's responsibility to verify and cause its trade Contractors or subcontractors to maintain this coverage in strict accordance with the stipulations of this Contract. For policies written on a Claims-Made basis, the Contractor agrees to require its subcontractors to maintain a retroactive date prior to or equal to the effective date of this Contract and agrees to require the subcontractors to maintain insurance coverage for a period not less than three (3) years after the completion of this Contract s Term. The Contractor shall require the subcontractors to purchase a Supplemental Extended Reporting Period ( SERP ) with a minimum reporting period of not less than three years, in the event the subcontractors policy is canceled, not renewed, switched to occurrence form, or any other event which triggers the right to purchase the SERP during the life of this contract. The subcontractor s purchase of the SERP shall not relieve the subcontractors of the obligation to provide replacement coverage. In addition, the Contractor shall require the subcontractor to have the Subcontractor s carrier to immediately inform the Contractor, and the County s Risk Management Department of any contractual obligations that may alter its Professional Liability coverage under this Contract The foregoing notwithstanding, for any claim arising out of any work performed under this Contract, the County shall not be responsible or GC 25

26 liable for paying such deductions or increase if the County determines that the deductible for any of the forgoing classes or types of insurance may be increased and the increase is approved by the County Upon request from the County, prior to the commencement of any such contractual obligations, the Contractor shall furnish copies of the forgoing policies and any changes or amendments thereto, immediately, to the County and County s Risk Management Department, prior to the commencement of any such contractual obligations. The proposed policy shall be subject to the County s approval and such approval shall not be unreasonably withheld The County shall be named as additional named insured to the extent of the liabilities assumed by Contractor under the indemnity provisions of this Contract. The County will be an additional insured on the Commercial General Liability The Contractor shall ensure that a copy of all policies are filed with the County prior to commencement of any activity on the Project construction site or before any exposure to loss may occur. Copies of any subsequent changes in coverage or endorsements shall be furnished promptly to the County. All insurance policies furnished by the Contractor pursuant herein shall contain a provision that coverages afforded under the policies will not be canceled, changed in any manner or not renewed without, at least, thirty (30) days' prior written notice has been given to the County. The cost of all insurance pursuant herein is included in the calculation of the Contract Price Property Insurance Loss Adjustment. Any insured loss shall be adjusted with the County and the Contractor and made payable to the County and the Contractor as trustees for the insured, as their interests may appear, subject to any applicable mortgagee clause Bond Requirements. If required for this project, the Contractor and/or subcontractor shall furnish separate performance and payment bonds as security for the faithful performance and payment of all its obligations under the Contract Documents. These bonds shall be in amounts equal to the contract price and in such form as prescribed pursuant to Florida Statutes and with such sureties as are acceptable to the County. The bonds shall become effective upon execution of this Contract and shall remain in effect for one (1) year beyond the date of the Certificate of Substantial Completion of the Work as a protection to the County against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during that period. The bonds shall provide one hundred percent (100%) coverage for Contractor's or subcontractor s default on either performance or payment. GC 26

27 The performance and payment bonds 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 an agent resident in the State of Florida. The Attorney-in-Fact or other officer who signs such bonds for the surety company must file with such bonds a certified copy of its Power-of-Attorney authorizing it to do so Qualification of Sureties. The following requirements shall be met by surety companies furnishing performance, payment or any other type of bonds: 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, Oldwick, NJ Financial Strength Rating of companies providing insurance for the project shall be A- Class VIII or better 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 The surety companies proposed by the Contractor or subcontractor for the Project are subject to County's approval which approval may be withheld without cause. At any time after approval, if the County, for justifiable cause (such cause being defined 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 or subcontractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished acceptable bond(s) to the County 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 GC 27

28 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 (except as otherwise provided in article 7, paragraph 7.2). ARTICLE 6 CONTRACTOR S RESPONSIBILITIES 6.1 WORK PERFORMED BY CONTRACTOR If indicated in the contract documents, the contractor shall perform the required percentage of work stated in the solicitation as measured by cost (equipment and labor) within his own firm and excluding material costs. Failure of the contractor to perform the required percentage of work within his own firm constitutes a material breach of the contract. 6.2 SUPERVISION AND SUPERINTENDENCE A. Contractor shall supervise and direct the work efficiently and with its best skill and attention. It shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The contractor shall be exclusively responsible to see that the finished work complies accurately and completely with the contract documents. B. 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 and architect/engineer 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. 6.3 LABOR, MATERIALS, AND EQUIPMENT A. 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. B. 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. GC 28

29 C. All materials and equipment shall be new except as otherwise provided in the contract documents. If required by architect/engineer, contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. D. 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. E. 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 the architect/engineer), structural, mechanical, electrical, heating, ventilation and air conditioning changes shall be borne by the contractor at no additional cost to the County. F. All materials and equipment purchased by the County under a Owner Direct Purchase (Sales Tax Recovery) shall be F.O.B. destination to the location of the project or the specified site on a purchase order. Delivery shall not be complete until the Contractor has accepted each item. Delivery to a common carrier shall not constitute delivery to the County. 6.4 SUBSTITUTE MATERIALS OR EQUIPMENT A. If the general requirements (Division 1) of the specifications, instructions to bidders, law, ordinance or applicable rules or regulations permit 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 architect/engineer all pertinent information, plans, documents, data and material which may be necessary or desirable for architect/engineer 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 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. B. In addition, contractor shall, prior to the pre-conference called for in article 2, paragraph 2.7, C, make written application to architect/engineer for approval of such substitute material or equipment which shall include a certification as to the satisfaction of GC 29

30 the requirements of paragraph A above, 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 architect/engineer, contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph. C. No substitute materials or equipment shall be ordered or installed without the written approval of architect/engineer who will be the sole judge of equality, and architect/engineer 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 paragraphs A and B above and furnishing any guarantee or replacement bonds (150% of replacement cost) required by County to be named as sole obligee, which shall be furnished at contractor s expense. The approval by architect/engineer of any substitute material or equipment shall no diminish the contractor s or supplier s responsibility for the material or equipment submitted as a substitute under this article. D. 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 architect/engineer, by change order 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 architect/engineer 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 architect/engineer 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 architect/engineer to check, to its satisfaction, the costs involved. Upon approval of such different type item when the cost thereof is less or greater, the architect/engineer will recommend in writing the proper adjustment to the County. GC 30

31 6.5 CONCERNING SUBCONTRACTORS A. 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 or architect/engineer may have reasonable objection. A subcontractor or other person or organization identified in writing to County and architect/engineer by contractor prior to the Notice of Award and not objected to in writing by County or architect/engineer prior to the Notice of Award will be deemed acceptable to County and architect/engineer in most circumstances. Acceptance of any subcontractor, other person or organization by County or architect/engineer shall not constitute a waiver of any right of County or architect/engineer to reject defective work or work not in conformance with the contract documents. If County or architect/engineer 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 and architect/engineer, make any substitution of any subcontractor, other person or organization who has been accepted by County and architect/engineer unless County determines that there is good cause for doing so. B. 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, architect/engineer 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 architect/engineer to pay or to see the payment of any monies due any subcontractor or other person or organization, except as may otherwise be required by law. County architect/engineer 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. C. 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. GC 31

32 D. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the contract documents for the benefit of County. E. 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 my 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 under article 5, paragraph 5.2, E. The contractor shall pay each subcontractor a just share of any insurance money received by the contractor under article 5, paragraph 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 documents for use in the performance of the work and if to the actual knowledge of County or architect/engineer 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. Contractor shall indemnify and hold harmless County and architect/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 patent rights or copyrights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product or device not specified in the contract documents and shall defend all such claims in connection with any alleged infringement of such rights. 6.7 PERMITS A. 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 are applicable at the time of its bid. B. Contractor shall obtain and pay for all bonds and insurances that may be required by the various permits. GC 32

33 6.8 LAWS AND REGULATIONS The Contractor shall be responsible to know and to apply 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, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The Contractor shall protect and indemnify County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, subcontractors, sub-consultants, professional associates, agents, servants, or employees. If contractor observes that the contract documents are at variance therewith, it shall give architect/engineer 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 knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to architect/engineer, it shall bear all costs arising therefrom. 6.9 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 USE OF PREMISES A. 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 shall not unreasonably encumber the premises with materials or equipment. B. 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 architect/engineer, in writing. C. 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. GC 33

34 6.11 RECORD PLANS Contractor shall maintain records of all deviations from the drawings 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. The sum of one thousand dollars and 00/100 cents ($1,000.00) will be withheld from the contract price until delivery of the set of record drawings to the County. 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 said documents shall be available to architect/engineer 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: A. 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. B. All the work and all materials or equipment to be incorporated therein whether in storage on or off the site. C. 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 EMERGENCIES In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, contractor, without special instruction or authorization from architect/engineer or County is obligated to act at its discretion to prevent threatened damage, injury or loss. It shall give architect/engineer written notice within seventy-two (72) hours of any significant changes in the work or deviations from the contract documents caused thereby. If contractor believes that additional work done by it in an emergency which arose from causes beyond its control entitles it to an GC 34

35 increase in the contact price or an extension of the contract time, it may make a claim therefore as provided in Articles 11 and CLEANING Contractor shall keep the project site free from accumulations of waste materials, rubbish and other debris resulting from the work, and at the completion of the work it shall remove all waste materials, rubbish and debris from and about the project as well as all tools, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy and use by County. Contractor shall restore to their original condition those portions of the site not designated for alteration by the contract documents. Further provision in respect to cleaning may be included in the general requirements (Division 1) to the technical specifications INDEMNIFICATION For consideration of receipt by contractor from the County of ten ($10.00) dollars, contractor agrees to indemnify and hold the County and the architect/engineer harmless from all claims for: A. Contractor shall indemnify and hold harmless the County and the architect/engineer and their agents, officers and employees from and against any and all claims, damages, losses and expenses including, but not limited to, costs and attorneys fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is: 1. Attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom. 2. Caused in whole or in part by any act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. B. In any and all claims against County or architect/engineer or any of their agents, officers or employees by any employee of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph A above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for contractor or GC 35

36 any subcontractor under workmen s compensation acts, disability benefit acts or other employee benefit acts. C. The obligations of contractor under paragraph A above shall not extend to the liability of architect/engineer, its agents or employees arising out of: 1. The preparation or approval of maps, drawings, (but not shop drawings), reports, surveys, change orders, designs or specifications, or; 2. The giving of or the failure to give directions or instructions by architect/engineer, its agents or employees provided such giving or failure to give is the sole cause of injury or damage TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL (TRENCH EXCAVATION) The contractor shall certify that all trench excavation done within its control in excess of five feet in depth complies with OSHA trench safety standards and special shoring requirements contained in 29 C.F.R., S , subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security (DLES). Inspections required by OSHA trench excavation safety standards shall be provided by the contractor. The contractor also agrees that it has obtained identical certification from its subcontractors that performed trench excavation, and that it will retain such certifications in its files for a period of not less than three years following final acceptance. The contractor shall consider all available geotechnical information in its design of the trench excavation safety system IMMIGRATION REFORM AND CONTROL ACT OF 1986 The contractor agrees that it does not and will not, during the performance of the contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this contract. The contractor shall be responsible for including this provision in all contracts with subcontractors issued as a result of this contract. GC 36

37 ARTICLE 7 WORK BY OTHERS 7.1 WORK BY THE COUNTY County may perform additional work related to the project by itself, or it may let other direct contracts therefore. Contractor shall afford the other contractors who are parties to such direct contracts (or County, if it is performing the additional work itself) reasonable opportunity for the introduction and storage of materials and equipment for the execution of work, and shall properly connect and coordinate its work with theirs. 7.2 CONTRACTOR S RESPONSIBILITY A. If any part of contractor s work depends for proper execution or results upon the work of any such other contractor or County, contractor shall, prior to commencing the work, inspect and promptly report to architect/engineer in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. Its failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship to its work. B. Contractor shall do all cutting, fitting and patching of its work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering others work and will only cut or alter others work with the written consent of architect/engineer and of the other contractors whose work will be affected. 7.3 WORK BY OTHERS NOT NOTED If any performance of additional work by other contractors or County is not noted in the contract documents prior to the execution of the contract, written notice thereof shall be given to contractor prior to starting any such additional work. If contractor believes that the performance of such additional work by County or others involves it in additional expense or entitles it to an extension of the contract time, it may make a claim therefore as provided in articles 11 and 12. ARTICLE 8 COUNTY S RIGHTS AND RESPONSIBILITIES 8.1 GENERAL A. County shall issue all communications to contractor through architect/engineer GC 37

38 B. County shall promptly furnish the data required under the contract documents and make prompt payments to the contractor. C. County s duties in respect to providing lands and easements and possibly engineering surveys to establish reference points, unless otherwise stipulated elsewhere, are set forth in article 4, paragraphs 4.1 and 4.3. D. County s responsibilities in respect to liability and property insurance are set forth in article 5, paragraph 5.2 and 5.3. E. In addition to its rights to request changes in the work in accordance with article 10; County (especially in certain instances as provided in paragraph 10.4) shall execute change orders as provided under the contract documents. F. Count s responsibility in respect to certain inspections, tests, and approvals is set forth in article 13, paragraph G. In connection with County s right to stop work or suspend work, see article 13, paragraph 13.5, and article 15, paragraph 15.1, paragraph 15.2 deals with Count s right to terminate services of contractor. ARTICLE 9 ARCHITECT/ENGINEER S STATUS DURING CONSTRUCTION 9.1 COUNTY S REPRESENTATIVE Construction project administration, inspection, and acceptance of materials and workmanship shall be the responsibility of the County. Unless otherwise provided elsewhere in the contract documents, the architect/engineer shall be the County s representative during the construction period. Accordingly, the terms engineer, inspector and other references to the person or persons granting approval, authority, or permission, conducting inspections or tests, observing the work and so forth, shall be defined as and understood to denote the County s representative or its authorized representative. The duties and responsibilities and the limitations of authority of architect/engineer as County s representative during construction are set forth in Articles 1 through 17 of these general conditions. Should the County appoint as its representative a party other than the design architect/engineer, such County representative shall have the same authority and duties as those assigned to the design architect/engineer hereunder. 9.2 VISITS TO SITE The architect/engineer shall make sufficient visits to the site for the exclusive purpose of observing the progress of the work in order to GC 38

39 evaluate, in general, whether the contractor (s) are achieving the applicable performance parameters as generally embodied in the project s design and communicated via the drawings and specifications. The architect/engineer shall not be responsible either directly or indirectly for the initiation, formulation, supervision or overseeing of construction means, methods, techniques, sequences or procedures, or safety precautions, practices, procedures or program employed in connection therewith. These matters shall be within the exclusive discretion, control, and responsibility of the contractor (s). Architect/engineer shall not in any way be responsible for the failure of contractor (s) to perform the construction work in accordance with the drawings and specifications. The architect/engineer shall keep the County informed (i.e. written reports of the progress and quality of work) and guard the County against defects and deficiencies in the work performed by contractor (s). 9.3 CLARIFICATIONS AND INTERPRETATIONS Architect/engineer will issue with reasonable promptness such written clarifications or interpretations of the contract documents (in the form of drawings or otherwise) as may be necessary, which shall be consistent with or reasonable inferable from the overall intent of the contract documents. If contractor believes that a written clarification and interpretation entitles it to an increase in the contract price, the contractor may make a claim therefore as provided in article 11. No oral clarification or interpretation shall be valid. 9.4 REJECTING DEFECTIVE WORK A. Architect/engineer will have authority to disapprove or reject work which is defective (which term is hereinafter used to describe work that is unsatisfactory, faulty, or defective, or does not meet the requirements of any inspection, test, or approval referred to in article 13, paragraph 13.2, A, or has been damaged prior to approval of final payment or otherwise fails to comply with the drawings or specifications). Architect/engineer will also have authority to require special inspection or testing of the work as provided in article 13, paragraph 13.4, B, whether or not the work is fabricated, installed, or completed. B. Such authority to disapprove or reject or to require special inspection or testing shall not be construed as giving the architect/engineer, either directly or indirectly, any power, control or authority over the contractor s construction means, methods, techniques, sequences or procedures (or safety precautions, practices, procedures or programs employed in connection therewith) and shall not be construed as giving the architect/engineer the power, control or authority to stop the work, GC 39

40 but architect/engineer shall recommend to County to order stopping the work if it is in the County s best interest. 9.5 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS A. In connection with architect/engineer s responsibility for shop drawing and samples, see the appropriate section of the technical specifications. B. In connection with architect/engineer s responsibility for change orders, see articles 10, 11, and 12. C. In connection with architect/engineer s responsibilities in respect of application for progress payments, etc., see Article RESIDENT PROJECT REPRESENTATIVES If the County and architect/engineer agree, the architect/engineer will furnish a resident project representative and assistants to assist the architect/engineer in carrying out its responsibilities at the site. If the architect/engineer is not authorized by the County to provide a resident project representative, the County will provide a County representative authorized to perform such duties. 9.7 DECISIONS ON DISAGREEMENTS A. The architect/engineer will be the initial interpreter of the requirements of the contract documents and the judge of the performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the work by both County and contractor. It will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the work, or the interpretation of or performance under the contract documents shall be referred to the architect/engineer for decision, which it will render in writing within a reasonable time. B. Should either County or contractor object to any decision by the architect/engineer with respect to any such claim, dispute or other matter that has been referred to the architect/engineer, except any which have been waived by the making or acceptance of final payment as provided in article 14, paragraph 14.11, such objection shall be resolved in accordance with article 17; however, no demand for legal action for any such claim, dispute, or other matter shall be made until the earlier of: GC 40

41 1. The date on which the architect/engineer has rendered its decision, or; 2. The tenth (10th) day after the parties have presented their evidence to the architect/engineer if it has not rendered its written decision before that date. No demand for legal action shall be made later than thirty (30) days after the date on which the architect/engineer rendered its written decision in respect of the claim, dispute or other matter as to which legal action is sought, and the failure to demand legal action within said thirty (30) days period shall result in the architect/engineer s decision being final and binding upon County and contractor. If the architect/engineer renders a decision after legal proceedings have been initiated, such decision may be entered as evidence but shall not supersede the legal proceedings, except where the decision is acceptable to the parties concerned. ARTICLE 10 CHANGES IN THE WORK 10.1 ADDITIONS, DELETIONS, OR REVISIONS BY COUNTY The County, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. Upon receipt of a change order, contractor shall proceed with the work involved. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. If any change order causes an increase or decrease in the contract price or an extension or shortening of the contract time, an equitable adjustment will be made as provided in article 11 or article 12 on the basis of a claim made by either party. The contract price and time may only be changed through a change order executed by the Director of Purchasing and Contracts, County Manager and/or County Chair MINOR CHANGES BY ENGINEER In giving instructions, the architect/engineer shall have authority to make minor changes in the work not involving extra cost or time and not inconsistent with the purposes of the contract. Except in an emergency endangering life or property, no extra work or change shall be made unless pursuant to a change order from the County executed by the Director of Purchasing and Contracts, County Manager and/or County Chair, and no claim for an addition to the contract price shall be valid unless so ordered. If contractor believes that any minor change or alteration authorized by the architect/engineer entitles it to an increase in the contact price, it may make a claim therefore as provided in article 11. GC 41

42 10.3 UNAUTHORIZED WORK BY CONTRACTOR Additional work performed by Contractor without authorization of a change order is at the Contractor s own risk. Contractor shall not be entitled to an increase in the contract price or an extension of the contract time without an executed change order, except in the case of an emergency as provided in article 6, paragraph 6.12, and article 13, paragraph 13.4, B EXECUTION OF CHANGE ORDER A. County shall execute appropriate change orders prepared by architect/engineer covering changes in the work to be performed as provided in article 4, paragraph 4.2 and work performed in an emergency as provided in article 6 paragraph 6.12 and any other claim of contractor for a change in the contract price or the contract time which is executed by the County. B. It is the contractor s responsibility to notify its surety of any changes affecting the general scope of the work or change in the contract price, and the amount of the applicable bonds shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to County. C. Upon delivery of a change order, executed by the County, to the architect/engineer, the change order shall be deemed a part of this contract in all respects and the architect/engineer shall instruct the contractor to proceed accordingly by delivery of a fully executed copy thereof. D. Upon receipt of notification that a change order prepared as above has been submitted to the County, the contractor shall not proceed with any part of the work affected by said change order until said change order is signed by the County. If, however, the delay for said time would cause, in the opinion of the contractor, a material increase in the cost for completing the work, the contractor may proceed at its own risk. The failure of the contractor to proceed during said time shall be deemed its acknowledgment that the delay will not cause any such expense to it. E. In determining the value of the extra work, addition, or deletion, the need for delay and resultant additional cost, if any, to the contractor, shall be considered and specifically stated as part of the cost of the extra work or reduction of the credit for any deletion. Failure to specifically state such amount shall be deemed an admission by the contractor of the absence thereof. GC 42

43 F. It is the specific intent of the parties that the work required is to be performed at the firm prices stated and that no extras or changes in the work either additions or deletions involving a change in the contract price shall be undertaken nor performed by the contractor, nor shall it receive any additional compensation nor allow any credit (except for increase or decrease in quantity as hereinafter provided and with respect to emergencies) if said extras, changes, additions or deletions have not been expressly approved and authorized as expressly provided herein. ARTICLE 11 CHANGE OF CONTRACT PRICE 11.1 GENERAL A. The contract price constitutes the total compensation payable to contractor for performing the work. All duties, responsibilities, and obligations assigned to or undertaken by contractor shall be at its expense without change in the contract price. B. The contract price may only be changed by a change order. Any claim for an increase in the contract price shall be based on written notice delivered to County and architect/engineer within fifteen (15) days of the occurrence of the event-giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless County allows an additional period of time to ascertain accurate cost data. Any change in the contract price resulting from any such claim shall be incorporated in a change order. C. Value of Work Covered by Change Order: 1. The cost of the work of any such extra, deleted, or changed work or change shall be determined in one or more of the following ways: a. by estimate and acceptance in a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; the substantiating itemized data shall include the following: 1) Labor rates and hours, 2) Itemized material list and price, 3) Construction equipment hours and rates, 4) Subcontractors costs itemized as above, and 5) Any other information that will aide the County and/or architect/engineer in evaluating the cost and thereby expediting the approval of the change order. GC 43

44 b. by unit prices named in the contract or subsequently agreed upon; c. by cost and percentage or by cost and a fixed fee. 2. If the County, on its own initiative, or upon recommendation of the architect/engineer, wants any extra work or change in the work constituting an alteration, addition to, or deduction from, the work, the architect/engineer shall prepare a change order setting forth the kind, character and quantity of such work and the architect/engineer s estimate of the value thereof determined as hereafter provided. 3. In preparing such estimate of value, the architect/engineer shall consult with the contractor and ascertain the contractor s acceptance of said valuation and willingness to perform the additional work or eliminate the deletions for said sum, which shall be evidenced on said change order by the signature of the contractor or its duly authorized representative. The architect/engineer shall submit said change order to the County and notify the contractor of the date of said submission COST OF THE WORK A. For purposes of change orders, the term Cost of the Work means the sum of all costs necessarily incurred and paid by the contractor in the proper performance of the work directly required by the change order. Except as otherwise may be agreed to in writing by County, such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.2, B. 1. Payroll costs for employees in the direct employ of contractor in the performance of the work required by the change order under schedules of job classifications agreed upon by County and contractor. Payroll costs for employees not employed full time on the work shall be apportioned on the basis of their time spent on the work required by the change order. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen s compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The GC 44

45 expenses of performing work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by County. 2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers field services required in connection therewith. All cash discounts shall accrue to contractor unless County deposits funds with contractor with which to make payments, in which case the cash discounts shall accrue to County. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment shall accrue to County, and contractor shall make provisions so that they may be obtained. 3. Payments made by contractor to the subcontractors for work performed by subcontractors. If required by County, contractor shall obtain competitive bids from subcontractors acceptable to it and shall deliver such bids to County who will then determine with the advice of architect/engineer, which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the cost of the work shall be determined in accordance with paragraphs 11.3, A and B. All subcontracts shall be subject to the other provisions of the contract documents insofar as applicable. 4. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories and surveyors) employed for services specifically related to the work required by the change order. 5. Supplemental costs including the following: a. The proportion of necessary transportation, traveling, and subsistence expenses of contractor s employees incurred in discharge of duties connected with the work required by the change order. b. Cost, including transportation and maintenance of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remain the property of contractor. GC 45

46 c. Rentals of all construction equipment and machinery and the parts thereof whether rented from contractor or others in accordance with rental agreements approved by County with the advise of architect/engineer, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the work. d. Sales, use or similar taxes related to the work and for which contractor is liable imposed by any governmental authority. e. Deposits in connection with the performance of the work, negligence, royalty payments and fees for permits and licenses. f. Losses, damages and expenses, not compensated by insurance or otherwise, sustained by contractor, in connection with the execution of, and to, the work, provided they have resulted from causes other than the negligence of contractor, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such loses shall include settlements made with the written consent and approval of County. No such losses, damages, and expenses shall be included in the cost of the work for the purpose of determining contractor s fee. If, however, any such loss or damage requires reconstruction and contractor is placed in charge thereof, it shall be paid for its service a fee proportionate to that stated in paragraph 11.3, A. g. The cost of utilities, fuel, and sanitary facilities at the site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the work. i. Cost of premiums for bonds and insurance which County is required to pay in accordance with article 5, paragraph 5.3. GC 46

47 B. The term cost of the work shall not include any of the following: 1. Payroll costs and other compensation of contractor s officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracts agents, expeditors, timekeepers, clerks, and other personnel employed by contractor whether at the site or in its principal or branch office for general administration of the work and not specifically included in the schedule referred to in subparagraph 11.2, A,1, all of which are to be considered administrative costs covered by the contractor s fee. 2. Expenses of contractor s principal and branch offices other than its office at the site. 3. Any part of contractor s capital expenses, including interest on contractor s capital employed for the work and charges against contractor for delinquent payments. 4. Cost of premiums for all bonds and for all insurance policies whether or not contractor is required by the contract documents to purchase and maintain the same (except as otherwise provided in subparagraph 11.2, A, 5, i). 5. Costs due to the negligence of contractor, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.2, A CONTRACTOR S FEE A. The contractor s fee which shall be allowed to contractor for its overhead and profit shall be determined as follows: 1. A mutually acceptable fixed fee; or if none can be agreed upon, 2. A fee based on the following percentages of the various portions of the cost of the work: GC 47

48 a. For costs incurred under paragraphs 11.2, A, 1 and 11.2, A, 2 the contractor s fee shall be ten (10%) percent; b. For costs incurred under paragraph 11.2, A, 3, the contractor s fee shall be five (5%) percent if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the subcontractor as a fee for overhead and profit shall be ten (10%) percent, and; c. No fee shall be payable on the basis of cost itemized under paragraphs 11.2, A,4, 11.2, A,5, and 11.2, B. B. The amount of credit to be allowed by contractor to County for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. C. Whenever the cost of any work is to be determined pursuant to paragraphs 11.2, A, contractor will submit in form prescribed by County an itemized cost breakdown together with supporting data ALLOWANCES It is understood that contractor has included in the contract price all allowances so named in the contract documents and shall cause the work so covered to be done by such material suppliers or subcontracts and for such sums within the limit of the allowances as architect/engineer may approve. Upon final payment, the contract price shall be adjusted as required and an appropriate change order issued. The contractor agrees that the original contract price includes such sums as it deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith shall be allowed. ARTICLE 12 CHANGE OF THE CONTRACT TIME 12.1 GENERAL The contract time may only be changed by a change order. Any claim for an extension in the contract time shall be based on written notice delivered to County and architect/engineer within fifteen (15) days of the commencement of the event giving rise to the claim. Notice to the extent of the claim with supporting data shall be delivered within forty-five (45) days of such commencement unless architect/engineer allows an additional period of time to ascertain more accurate data. Any change in GC 48

49 the contract time resulting from any such claim shall be incorporated in a change order DELAY IN PERFORMANCE OF CONTRACT A. The contractor shall diligently and timely prosecute the work under the contract and to complete the entire work no later than the time specified in the contract. The work shall be complete only after the final clean-up of the premises has been completed and all punch-list items corrected to the satisfaction of County and architect/engineer. B. If the contractor s progress in completing the work is delayed for any reasons beyond the contractor s control (including, but not limited to acts, errors, omissions or conduct of the County, architect/engineer) contractor s exclusive remedy shall be to request an extension of the time allowed for completion of the work under this contract. Under no circumstances, however, shall contractor be entitled to claim or recover damages resulting from any such delay. C. The contractor shall notify the County in writing of such delay and the cause thereof, within time stated in preceding paragraph The architect/engineer shall then ascertain the facts and the extent of the delay, inform the County, and determine if County agrees to provide an extension of the contract time in an amount equal to time lost due to delays beyond the control of the contractor. If the contractor objects to any adjustment made by the County under this clause, such dispute shall be determined in accordance with article 14 of these general conditions. D. No such extension of time shall be deemed a waiver by the County of its right to terminate the contract for abandonment or delay by the contractor as provided in the contract, nor shall such extension be deemed to relieve the contractor from full responsibility for performance of its obligations hereunder LIQUIDATED DAMAGES FOR DELAY All time periods stated in the contract documents are of the essence of the contract. Since the damages and losses to the County which will result from the contractor s failure to complete the work within the time specified (including any extensions thereof approved by the County) are impossible to accurately determine in the event of any delay in completing the work on schedule, the contractor agrees to pay the County liquidated damages in the sum established in the contract for each consecutive day by which the contractor shall fail to complete its work as required by the contract. Such sums are hereby agreed to be reasonable predictions of damages, GC 49

50 which will be sustained and are specifically declared to not constitute a penalty for breach of contract. ARTICLE 13 WARRANTY AND GUARANTEE; TESTING AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 WARRANTY AND GUARANTEE Contractor warrants and guarantees to County and architect/engineer that all materials and equipment shall be new unless otherwise specified and of good quality and free from faults or defects and in accordance with the requirements of the contract documents and of any inspections, tests or approvals referred to in paragraph All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the contract documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this article TEST AND INSPECTIONS A. If either the contract documents or laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the project requires any work to be inspected, tested, or approved, the contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish architect/engineer the required certificates or inspection, testing or approval. B. Contractor shall give architect/engineer and County timely notice of readiness of the work for all inspections, tests or approvals. If any such work required so to be inspected, tested or approved is covered without written approval of architect/engineer, it must, if requested by architect/engineer and/or County, be uncovered for observation, and such uncovering shall be at contractor s expense unless contractor has given architect/engineer and County timely notice of its intention to cover such work and architect/engineer has not acted with reasonable promptness in response to such notice. C. Neither observation by architect/engineer nor inspections, tests or approvals by persons other than contractor shall relieve contractor from its obligations to perform the work in accordance with the requirements of the contract documents ACCESS TO WORK Architect/engineer and its representatives and other representatives of County shall have unlimited access to the work. Contractor shall provide GC 50

51 proper and safe facilities for such access and observation of work and also for any inspections or testing thereof by others UNCOVERING WORK A. If any part of the work is covered contrary to the instruction of architect/engineer or County, it must, if directed by architect/engineer or County, be uncovered for its observation and replaced at contractor s expense. B. If any work has been covered which architect/engineer or County has not requested to observe prior to this being covered, or if architect/engineer considers it necessary or advisable that covered work be inspected or tested, contractor, at architect/engineer s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as architect/engineer, or County may require that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, contractor shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including compensation for additional services, and an appropriate deductive change order shall be issued. If, however, such work is found to be in accordance with the contract documents, contractor shall be entitled to request an increase in the contract price or an extension of the contract term, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if it makes a claim therefore as provided in articles 11 and COUNTY MAY STOP THE WORK If the work in any respect fails to comply with the contract documents, or is causing unsafe conditions, in the opinion of the County, or contractor fails to supply sufficient skilled workers or suitable materials or equipment, or if contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, County may order contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of County to stop the work shall not give rise to any duty on the part of County to exercise this right for the benefit of contractor or any other party CORRECTION OR REMOVAL OR DEFECTIVE WORK If required by architect/engineer or County prior to approval of final payment, the contractor shall promptly, without cost to County and as specified by architect/engineer, either correct any defective work, whether or not fabricated, installed or completed, or, if the work has been rejected by architect/engineer, remove it from the site and replace it with non- GC 51

52 defective work. If contractor does not correct such defective work or remove and replace such rejected work within a reasonable time, all as specified in a written notice from architect/engineer or County, County may have the deficiency corrected or the rejected work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by contractor, and an appropriate deductive change order shall be issued. Contractor shall also bear the expenses of making good all work of others destroyed or damaged by its correction, removal, or replacement of its defective work ONE-YEAR CORRECTION PERIOD If, after the approval of final payment and prior to the expiration of one year after the date of substantial completion, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the contract documents, any work is found to be defective, contractor shall promptly, without cost to County and in accordance with County s written instructions, either correct such defective work, or, if it has been rejected by County, remove it from the site and replace it with non-defective work. If contractor does not promptly comply with the terms of such instructions, County may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services shall be paid by contractor. Notwithstanding the above, this provision shall not modify, restrict or impair the County s rights against the contractor either during or subsequent to the expiration of said period, it being understood that said period establishes an additional remedy to the County in the event the work does not comply with the contract documents ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective work, County prefers to accept it, it may do so. In such case, if acceptance occurs prior to approval of final payment, a change order shall be issued incorporating the necessary revisions in the contract documents, including appropriate reduction in the contract price; or, if the acceptance occurs after approval of final payment, an appropriate amount, acceptable to County, shall be paid by contractor to County NEGLECTED WORK BY CONTRACTOR If contractor should fail to prosecute the work in accordance with the contract documents, including any requirements of the progress schedule, County, after ten (10) days written notice to contractor may, without prejudice to any other remedy it may have, make good such deficiencies and the cost thereof (including compensation for additional professional GC 52

53 services) shall be charged against contractor in which case a change order shall be issued incorporating the necessary revisions in the contract documents including appropriate reduction in the contract price. If the payments then or thereafter due contractor are not sufficient to cover such amount, contractor shall pay the difference to County. ARTICLE 14 PAYMENTS AND COMPLETION 14.1 SCHEDULES At least ten (10) days prior to submitting the first application for a progress payment, contractor shall submit a firm progress schedule, a final schedule of shop drawings submission and a detailed estimate of the work (Schedule of Values). These schedules shall be satisfactory in form and substance to the architect/engineer and County. The detailed estimate (Schedule of Values) shall include quantities and unit prices aggregating the contract price and shall subdivide the work into component parts in sufficient detail to serve as the bases for progress payments during construction. Upon approval of such estimate by architect/engineer and County, it shall be incorporated into the form of application for payment furnished by architect/engineer or County APPLICATION FOR PROGRESS PAYMENT A. Before each progress payment request is made, contractor shall submit to architect/engineer for review an application for progress payment completed and signed by contractor covering the work completed as of the date of the application and accompanied by such data and schedules as architect/engineer or County may require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitable stored at the site or at another location agreed to in writing, the application for progress payment shall also be accompanied by such data satisfactory to County as will establish County s title to the material and equipment and protect its interest therein, including applicable insurance. B. Each subsequent application for progress payment shall include an affidavit of contractor stating that: 1. All record drawings or installation information is up to date; 2. All previous progress payments received on account of the work have been applied to discharge all of contractor s obligations to subcontractors, materialmen, laborers, and suppliers which were included in prior applications for progress payment. GC 53

54 C. Failure to provide the above affidavit shall be sufficient reason to withhold payment of the current application for progress payment until the affidavit has been delivered to the architect/engineer or County CONTRACTOR S WARRANTY OF TITLE Contractor warrants and guarantees that title to all work, materials and equipment covered by any application for progress payment, whether incorporated in the project or not, will pass to County at the time of incorporation into the work or payment by the County, whichever is first, free and clear of all liens, claims, security interest and encumbrances (hereafter in these general conditions referred to as liens) APPROVAL OF PAYMENTS A. Architect/engineer will, within ten (10) days after receipt of each application for progress payment, either indicate in writing recommendation for its approval of payment and present the application to County, or return the application to contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, contractor may make the necessary corrections and resubmit the application. County shall, make necessary arrangements to promptly pay contractor the amount recommended by the architect/engineer or return such applications to the architect/engineer stating objections in writing. B. Architect/engineer s recommendation for approval of any payment requested in an application for progress payment will constitute a representation by it to County, based on architect/engineer s on-site observations of the work in progress and on its review of the application for progress payment and the accompanying data and schedules that the work has progressed to the point indicated; that, to the best of its knowledge, information and belief, the quality of the work is in accordance with the contract documents (subject to an evaluation of the work as a functioning project upon completion; the minor deviations from the contract documents correctable prior to completion; the results of any subsequent tests called for in the contract documents; and any qualifications stated in its recommendation); and that contractor is entitled to payment of the amount approved. However, by recommending any such payment architect/engineer will not thereby be deemed to have represented that it made exhaustive or continuous on-site inspections to check the quality of the quantity of the work, or that it has reviewed the means, methods, techniques, sequences, and procedures of construction, or that it has made any examination to ascertain how or for what purpose contractor has used the monies paid or to be paid to it on account of the contract price, or that title to any work, GC 54

55 materials or equipment has passed to County free and clear of any liens. C. Architect/engineer s recommendation for final payment shall constitute a representation by it to County that the conditions precedent to contractor being entitled to final payment as set forth in paragraph 14.10, A, have been fulfilled. D. Architect/engineer may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such recommendation to County. It may also, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in its opinion to protect County, including, but not limited to, loss or damage arising from the fact that: 1. The work is defective, or completed work has been damaged requiring correction or replacement, 2. Claims or liens have been filed, or there is reasonable cause to believe such may be filed, 3. The contract price has been reduced because of change orders, 4. County has been required to correct defective work or complete the work in accordance with paragraph 13.9, or; 5. Unsatisfactory prosecution of the work, including failure to furnish acceptable submittals or to clean up SUBSTANTIAL COMPLETION A. Prior to final payment, contractor may, in writing to County and architect/engineer, certify that the entire project or part thereof is substantially complete and request that architect/engineer issue a notice of substantial completion. Within a reasonable time thereafter, County, contractor and architect/engineer shall make an inspection of the project to determine the status of completion. If architect/engineer does not consider the project (or part thereof) substantially complete, it will notify contractor in writing giving its reasons therefore. If architect/engineer considers the project (or part hereof) substantially complete, it will prepare and deliver to County a tentative notice of substantial completion which shall establish the date of substantial completion and the responsibilities between County and contractor for maintenance, heat, and utilities. There shall be attached to the notice a tentative list of items to be completed or corrected before final payment, and the notice shall GC 55

56 establish the time within which such items shall be completed or corrected, said time to be within the contract time. County shall have ten (10) days after receipt of the tentative notice to review, approve, or disapprove the tentative notice. If, after considering County s objections, architect/engineer concludes that the project is not substantially complete, it will notify contractor in writing stating its reasons therefore. If, after County s review and approval of the tentative notice, the architect/engineer considers the project substantially complete it will, within fifteen (15) days, execute and deliver to County and contractor a definitive notice of substantial completion (with a revised list of items to be completed or corrected) reflecting such changes from the tentative notice as it believes justified. B. County shall have the right to exclude contractor from the project (or a specified part thereof) after the date of substantial completion, but County shall allow contractor reasonable access to complete or correct items on the tentative list PARTIAL UTILIZATION Prior to final payment, County may notify contractor in writing of its desire to use a specified part of the project which it believes it may use without significant interference with construction of the other parts of the project. If contractor agrees, it will certify to County and architect/engineer that said part of the project is substantially complete and request architect/engineer to issue a notice of substantial completion for that part of the project. Within a reasonable time thereafter County, contractor and architect/engineer shall make an inspection of that part of the project to determine its status of completion. If architect/engineer does not consider that it is substantially complete, it will notify the County and contractor in writing giving its reasons therefore. If architect/engineer, County, and contractor consider that part of the project to be substantially complete, the architect/engineer will execute and deliver to County and contractor a notice of that effect, establishing the date of substantial completion as to that part of the project, attaching County shall have the right to exclude contractor from any part of the project which architect/engineer has so certified to be substantially complete, but County shall allow contractor reasonable access to complete or correct items on the tentative list (punch list) FINAL INSPECTION Upon written notice from contractor that the project is complete, architect/engineer will make a final inspection with County and contractor and will notify contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall GC 56

57 immediately take such measures as are necessary to remedy such deficiencies FINAL APPLICATION FOR PAYMENT After contractor has completed all such corrections to the satisfaction of architect/engineer and County and delivered all maintenance and operating instructions, schedules, record drawings, guarantees, bonds, certificates of inspection, and other documents, all as specified in section 14.9, all as required by the contract documents, it may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by such data and schedules as architect/engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of the contract documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by County, contractor may furnish receipts or releases in full; an affidavit of contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, material supplier, fabricator or other vendor fails to furnish a release or receipt in full, contractor may furnish a bond or other collateral satisfactory to County to indemnify it against any lien ITEMS TO BE FURNISHED AT FINAL COMPLETION: A. Guarantees, Warranties, and Other Documents: 1. Assemble one copy of all guarantees, warranties, bonds, releases of liens or bonds, affidavits and certificates required by the contract documents for various materials, systems, and equipment including copies of all permits and certificates of inspection obtained by the trade contractors. 2. Place documents in order, list each document on a transmittal letter or form, and deliver to County or the architect/engineer. B. Extra Stock and Parts: 1. Turn over to County in buildings spaces designated by County s representative the spare stock of materials, spare parts, and loose accessories for equipment required by the specifications. GC 57

58 2. Deliver special tools for such items as windows, thermostats, and adjustable dampers to County s representative and give instructions for use. C. Record Drawings: The contractor should have, during the progress of the work, kept a careful record of all the changes to the contract drawings. Contractor shall deliver to the County the set of records containing all revisions and changes as approved and built. D. Record and Information Manual (Warranty manuals as applicable): 1. Prior to final inspection, submit to the County or its architect/engineer, three (3) copies of a record and information manual. a. Covers: Bind in plastic-covered, loose-leaf binders each bearing a label with the title and date of the project. b. Sheets: 8½ x 11 except pull-out sheets may be neatly folded to 8½ x Include in manual, the following: a. Table of contents, listing all items; b. List of all trade contractors and manufacturers providing materials and equipment fabricated to a special design. State each of the trade, name, address and telephone number; c. Manufacturer s name, type, color and pattern designation as applicable for architectural pre-cast concrete, face brick, concrete masonry units, metal wall panels, storefront work, windows, doors and frames, limestone, doors, finish hardware, ceramic tile, quarry tile, brick pavers, resilient floors, access flooring, carpet, paint, acoustical ceilings and other finish materials; d. Catalog data for each piece of equipment with serial numbers, data for available accessories maintenance and operating instruction, wiring diagrams and spare parts list, where applicable; e. Name, address, and telephone number of local representative for principal items or equipment; GC 58

59 E. Warranty: f. Additional information for record manual required in various sections of the specifications; and g. Additional information for record manual required in various sections of the specifications. 1. Obtain, in County s name, the standard written manufacturer s warranty of products furnished under each section of the specifications, when such warranty is offered in the manufacturer s published product data. 2. All product warranties shall be in addition to and not in lieu of other responsibilities which the general contractor may have. All product and equipment warranties and guarantees shall be turned over to the County or its architect/engineer at the time final payment is requested APPROVAL OF FINAL PAYMENT A. If, on the basis of their observation and review of the work during construction, their final inspection, and review of the final application for payment, all as required by the contract documents, architect/engineer and County are satisfied that the work has been completed and contractor has fulfilled all of its obligations under the contract documents, architect/engineer will, within twenty (20) days after receipt of the final application for payment, indicate recommendation for payment and present the application for final payment to County for payment. Thereupon, architect/engineer will give written notice to County and contractor that the work is acceptable subject to the provision of paragraph Otherwise, it will return the application to contractor, indicating in writing its reasons for refusing to approve final payment, in which case contractor shall make the necessary corrections and resubmit the application. County shall, within ten (10) days of presentation to it of an approved final application for payment, make arrangements to promptly pay contractor the amount recommended by architect/engineer. B. If after substantial completion of the work final completion thereof is materially delayed through no fault of contractor, and architect/engineer so confirms, County shall, without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. If the remaining balance for work not fully completed or corrected is less than the retainage GC 59

60 stipulated in the contract, and if bonds have been furnished as required in article 5, paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the contractor to the architect/engineer prior to recommendation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims CONTRACTOR S CONTINUING OBLIGATION Contractor s obligation to perform the work and complete the project in accordance with the contract documents shall be absolute. Neither approval of any progress or final payment by architect/engineer, nor the issuance of a notice of substantial completion, nor any payment by County to contractor under the contract documents, nor any use or occupancy of the project or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective work by County, nor the expiration of the one year warranty period, provided in article 13.7 hereof shall constitute an acceptance of work not in accordance with the contract documents WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: A. A waiver of all claims by County against contractor other than those arising from unsettled liens, from faulty or defective work, or from failure to comply with the requirements of the contract documents or the terms of any special guarantees specified therein. B. A waiver of all claims by contractor against County and architect/engineer other than those previously made in writing and specifically identified by contractor as unsettled at the time of the final application for payment. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION 15.1 COUNTY MAY SUSPEND WORK County may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety (90) days by notice in writing to contractor which shall establish the date on which work shall be resumed. Contractor shall resume the work on the date so established. Contractor may be allowed an increase in the contract price or an extension of the contract time or both directly attributable to any suspension if it makes a claim therefore as provided in articles 11 and 12. GC 60

61 15.2 COUNTY MAY TERMINATE A. If contractor is adjudged as bankrupt or insolvent, or if it makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for contractor or for any of its property, or if it files a petition to take advantage of any debtor s act, or to reorganize under the bankruptcy or similar laws, or if it fails to supply sufficient skilled workers or suitable materials or equipment, or if it fails to make prompt payments to subcontractors or for labor, materials or equipment, or if it disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if it disregards the authority of architect/engineer or other County s representative so appointed, or if it otherwise violates any provision of the contract documents, then County may, without prejudice to any other right or remedy and after giving contractor and its surety ten (10) days written notice, terminate the services of contractor and take possession of the project and all materials, equipment, tools, construction equipment and machinery thereon owned by contractor and finish the work by whatever method it may deem expedient. In such case, contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to contractor. If such costs exceed such unpaid balance, contractor shall pay the difference to County. Such costs incurred by County may be determined by architect/engineer and incorporated in a change order. B. Where contractor s services have been so terminated by County terminations shall not affect any rights of County against contractor then existing or which may thereafter accrue. Any retention or payment of monies by County due contractor will not release contractor from liability. C. Upon ten (10) days written notice to contractor (Notice of Termination), County may, without cause and without prejudice to any other right or remedy, elect to terminate the contract. In such case, contractor shall be paid for all work executed and any expense sustained, plus a reasonable profit on the work completed as of the date of termination. Additional provisions applicable in the event of such termination are incorporated in the construction contact of the contract documents CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of contractor, substantially all of the work is suspended for a consecutive calendar period of more than ninety (90) GC 61

62 days by County, or under an order of court or other public authority, or architect/engineer fails to act on an application for payment within thirty (30) days after it is submitted, or County fails to pay contractor any sum approved by architect/engineer within thirty (30) days of County s approval of this sum, then contractor may, upon ten (10) days written notice to County and architect/engineer, terminate the contract and recover from County payment for all work executed and any expense sustained, plus a reasonable profit on work completed as of the date of termination. In addition, and in lieu of terminating the contract, if architect/engineer has failed to act on an application for payment, or County has failed to make any payment as aforesaid, contractor may upon ten (10) days notice to County and architect/engineer suspend the work until it has been paid all amounts then due. ARTICLE 16 SETTLEMENT OF DISPUTES 16.1 GENERAL In order to minimize disputes and promptly facilitate settlement, the parties agree that all questions or disputes arising between them shall be settled as follows: A. All questions relating to the work, the performance thereof, or the requirements pertaining thereto, shall be determined by the architect/engineer and its decision shall be final and conclusive and binding upon the parties, but all disputes of any damages to which either party may be entitled hereunder and all other questions involving payment of money only, shall be subject to determination or review as prescribed in the succeeding paragraphs of this numbered clause. B. Whenever the contractor shall object to any decision by the architect/engineer relating to compensation or any other money payment, it shall, within ten (10) days after the commencement of the event giving rise to the claim for additional money, file a detailed notice of its objections or of its alleged claim, as the case may be, and in default of such notice, it shall be deemed to have ratified the decision, and to have waived the alleged breach and damages therefore, and to have waived any and all rights and remedies which it might otherwise have had. C. Within thirty (30) days of the filing of said objection or claim, the County shall notify the contractor in writing, whether it agrees or disagrees with said objection or claim. The failure of the County to give such written notice within said time shall be deemed to constitute the County s rejection of said objection or claim. GC 62

63 D. If the County agrees with the objection or claim, the additional compensation asserted in the objection or claim shall be added to the contract sum and paid as provided for other payments hereunder. E. Within fifteen (15) days of receipt of the County s written notice that it disagrees with the objection or claim, or at the end of thirty (30) days of no notice the contractor shall notify the County, in writing, of its intention to sue (Notice of Intention to Sue) which shall set forth the specific objections and claims and the amounts involved for which it intends to seek recovery. The failure of the contractor to give said notice within said time shall constitute an absolute waiver of and bar to its right to bring suit in any Court of Law or Equity whatsoever or to recover any sum or sums for any objection or claim with which the County specified disagreement in the notice. F. If, the work being in all respects completed and acceptable to the County and ready for final payment, the time for the County to agree or disagree with any such objection or claim or contractor s time for giving said notice of intention to sue have not expired, the time for final payment hereunder shall be extended until thirty (30) days after the last day for the contractor s notice of intention to sue. It is the purpose and intention of these provisions that when final payment is made, the County may ascertain the exact cost of the project and know that no claims by the contractor are pending, or if claims for which notice of intention to sue have been given as herein required, have not been litigated, the County shall know the exact subject matter and amount thereof in order to provide, in its sole discretion, necessary funds to provide for payment of such claims upon final determination thereof. G. The parties agree that the contractor shall not be entitled to any extra compensation not determined exactly in accordance with these provisions of the contract documents and that, with respect to all objections and claims for which the contractor has given notice of intention to sue, suit thereon shall be instituted in said courts before the date of final payment, otherwise they shall be deemed waived and forever barred. H. The procedures provided by this article shall be the exclusive remedy of the parties in resolving disputes and since a method of resolving such disputes is provided, the contractor shall not be entitled to stop work pending the resolution of a dispute in the manner provided. ARTICE 17 - MISCELLANEOUS 17.1 GIVING NOTICE GC 63

64 Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for who it is intended, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to it who gives the notice COMPUTATION OF TIME When any period of time is referred to in the contract documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation GENERAL A. The duties and obligations imposed by the contract documents and the rights and remedies available hereunder and, in particular, but without limitation, the warranties, guarantees and obligations imposed upon contractor by article 6, paragraph 6.14; article 13, paragraphs 13.1 and 13.7; and article 14, paragraph 14.3, the rights and remedies available to County thereunder shall be in addition to and shall not be construed in any way as a limitation of any rights and remedies available to it which are otherwise imposed or available by law, by special guarantee, or by other provisions of the contract documents. B. Should County or contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of its employees or agents or others for whose acts it is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. C. The contract documents shall be governed by the laws of the State of Florida and County of Volusia, Florida HEADINGS Heading and subtitles used throughout the contract documents are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section. GC 64

65 Contract No Exhibit B ITB No. 11-B-132JD SPECIAL CONDITIONS The following special conditions are supplementing, not replacing nor deleting the corresponding paragraphs in the general conditions. ADD TO ARTICLE 2, SUBPARAGRAPH BEFORE STARTING CONTRUCTION In addition to the provisions of the general conditions, paragraph 2.5, additional parties will be asked to attend the preconstruction conference. The list will be provided at time of award. Portions of the fire station shall remain operational during construction. ADD TO ARTICLE 6, SUBPARAGRAPH PERMITS Before starting work, the contractor shall obtain and pay for all required licenses, permits, and related fees for construction including, but not limited to: building permits, utility permits, water and sewer hook up and any additional permit or fee associated with the issuance of the building permit exclusive of road impact fees, which will be paid directly by the County. The contractor shall apply for all permits and pay fees required to construct the building with the exception of impact fees. Impact fees are not included in the construction contract. The County (Owner) will pay these fees directly to the agency. Construction permit applications include, but are not limited to, Volusia County building permits. ADD TO ARTICLE 6, SUBPARAGRAPH USE OF PREMISES PROJECT SIGN One sign shall be furnished and installed by the contractor at a location determined by the County s Representative. The sign(s) shall be as shown on the sign Standards Sheet in the Contract Documents. 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. 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 within the boundaries of the entrance road or within the portion of the adjoining pasture previously designated by the County staff. All products/materials shall be stored within the portion of the adjoining pasture previously designated by County staff. P:\Construction Contracts Team\Construction Bids\2011 Bids\11-B-132JD, C-1443, Alterations to Fire Station #12\Bid Docs\Part 9 - Exhibit B, Special Conditions.docx SC 1

66 Contract No ITB No. 11-B-132JD 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. SAFETY The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The Contractor shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The Contractor shall indemnify, defend and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the County because of the Contractor, subcontractor, or supplier's failure to comply with the regulations. ADD TO ARTICLE 13, SUBPARAGRAPH TESTS AND INSPECTIONS The County will provide all required tests necessary for field control of project except for HVAC test and balance. HVAC test and balance shall be paid for by the Contractor as stated in the technical specifications. Generally these tests are proctors, densities, bearing value, and concrete quality tests. All mix designs such as asphalt, concrete, or soil cement will be furnished and paid for by the contractor. Any pre-manufactured products such as pipe, inlets, steel, etc., will require a certified mill analysis report. Any tests that have to be repeated because of failure to meet specifications will be deducted from final payment to contractor, costs of tests to be current industry rate as determined by the engineer. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 2

67 Contract No ITB No. 11-B-132JD State of Florida Department of Environmental Protection Generic Permit For Stormwater Discharge from Large and Small Construction Activities May 2003 This permit is issued under the provisions of Section , Florida Statutes, and applicable rules of the Florida Administrative Code pursuant to the Department s federallyapproved National Pollutant Discharge Elimination System (NPDES) stormwater regulatory program. Stormwater discharge associated with large construction activity, as defined at 40 CFR Part (b)(14)(x) and herein, is regulated pursuant to Section 402(p)(2) of the federal Clean Water Act (CWA). Stormwater discharge associated with small construction activity, as defined at 40 CFR (b)(15) and herein, is regulated pursuant to Section 402(p)(6) of the CWA. This permit constitutes authorization to discharge stormwater associated with large and small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4). Until this permit is terminated, modified, or revoked, permittees that have properly obtained coverage under this permit are authorized to discharge to surface waters of the State, including through an MS4, in accordance with the terms and conditions of this permit. Part I. General Provisions A. Applicability and Coverage 1. Federal law prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large or small construction activities pursuant to 40 CFR Part 122 and as defined in Part II of this permit, to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida s authority to administer the NPDES stormwater Docs\Part 9 - Exhibit B, Special Conditions.docx SC 3

68 Contract No ITB No. 11-B-132JD program at , F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter , F.A.C., or an individual permit issued pursuant to Chapter , F.A.C. 2. Coverage under this generic permit is available for stormwater discharges from large and small construction activities to surface waters of the State as defined in Section , F.S., including stormwater discharges associated with construction activity to surface waters of the State through an MS4. 3. This generic permit does not constitute authorization under Part IV of Chapter 373, F. S., for the construction, alteration, operation, maintenance, abandonment, or removal of any stormwater management system, dam, impoundment, reservoir, or appurtenant work or works, including dredging or filling, in, on or over wetlands and other surface waters, as determined by the methodology authorized in Subsection (1), F. S. 4. This generic permit authorizes the discharge of stormwater associated with construction activity under the State s federallyapproved NPDES stormwater program only and does not supercede the requirement to obtain a stormwater discharge permit under Chapter 62-25, F.A.C.; environmental resource permit (ERP) under Part IV, Chapter 373, F.S.; stormwater discharge permit from a Department-approved delegated local government; or any other required federal, state, or local government permit. B. Eligibility 1. This permit authorizes the discharge of stormwater associated with large and small construction activity, as defined in Part II of this permit, occurring after the effective date of this permit. 2. This permit authorizes stormwater discharge associated with construction activity that is mixed with stormwater discharges associated with industrial activity other than construction, where: a. the industrial source other than construction is located on the same site as the construction activity; b. stormwater discharges associated with industrial activity from the areas of the site where construction activities are occurring are in compliance with the terms of this permit; and c. stormwater discharges associated with industrial activity from the areas of the site where industrial activity other than construction are Docs\Part 9 - Exhibit B, Special Conditions.docx SC 4

69 Contract No ITB No. 11-B-132JD occurring are in compliance with the terms of a different generic permit (e.g., Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity) or individual permit authorizing such discharges. 3. Limitations on Coverage. The following stormwater discharges from construction sites are not authorized by this permit: C. Obtaining Authorization a. stormwater discharges that originate from the site after construction activities have been completed and the site has undergone final stabilization; b. discharges that are mixed with sources of non-stormwater, other than discharges identified in Part IV.A.3. of this permit; c. stormwater discharge associated with construction activity that is covered under an existing generic or individual permit. Such discharges may be authorized under this permit after the existing individual permit or generic permit term of coverage expires, provided the existing permit did not establish numeric limitations for such discharges; or d. stormwater discharge associated with construction activity that the Department has determined to be or may reasonably be expected to be causing or contributing to a violation of a surface water quality standard. 1. In order for stormwater discharge associated with construction activity to be authorized under this generic permit, an operator must: a. Meet the eligibility requirements in Part I.B. of this permit; b. Develop and implement a stormwater pollution prevention plan (SWPPP) in accordance with the requirements of Part V of this permit; and c. Submit a completed Notice of Intent (NOI) in accordance with the requirements of Part III. of this permit, including submittal of the appropriate processing fee as established in Rule (4)(d), F.A.C. 2. The Department may deny coverage under this permit or require submittal of a revised NOI based on the Department s determination that the NOI is incomplete, the permit fee has not been paid, or the submittal otherwise is not in accordance with the requirements of this generic permit. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 5

70 Contract No ITB No. 11-B-132JD Part II. Definitions For the purposes of this generic permit, the following definitions shall apply, unless otherwise indicated: 1. "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. Construction Activity means the act or process of developing or improving land which involves the disturbance of soils and includes clearing, grading, and excavation. 3. "Commencement of Construction" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. 4. "Department" or "DEP" means the Florida Department of Environmental Protection. 5. "Final Stabilization" means that all soil disturbing activities at the site have been completed, and that a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures (e.g., geotextiles) have been employed. 6. Large Construction Activity means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. 7. Municipal Separate Storm Sewer System or MS4 means a large, medium, or small MS4 as defined in Chapter , F.A.C. 8. "NOI" means notice of intent to be covered by this permit (see Part III of this permit.) 9. "NOT" means notice of termination (see Part VIII of this permit). 10. "NPDES" means the Department s federally-approved National Pollutant Discharge Elimination System program. 11. Operator means the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity and that has Docs\Part 9 - Exhibit B, Special Conditions.docx SC 6

71 Contract No ITB No. 11-B-132JD authority to control those activities at the project necessary to ensure compliance with the terms and conditions of this permit. 12. Qualified Inspector means a person that: a. has successfully completed and met all requirements necessary to be fully certified through the DEP Stormwater, Erosion, and Sedimentation Control Inspector Training Program; b. has successfully completed an equivalent formal training program; or c. that is qualified by other training or practical experience in the field of stormwater pollution prevention and erosion and sedimentation control. 13. Small Construction Activity means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. 14. "Stormwater" means the flow of water which results from, and which occurs immediately following, a rainfall event. 15. Stormwater discharge associated with construction activity means the discharge of stormwater from large or small construction activities, including areas where soil disturbing activites; construction materials handling or storage; or, equipment storage or maintenance are located. 16. "Surface Waters of the State" means those surface waters that are defined in section , F. S. 17. "Water Management District" or "WMD" means the Northwest Florida Water Management District, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, or the South Florida Water Management District. Part III. Notice of Intent Requirements A. Deadlines for Notification. 1. Operators seeking coverage under this generic permit to authorize stormwater discharge associated with construction activity for new large or small construction activities, for which commencement of construction begins after the effective date of this permit, shall file an NOI for coverage under this permit at least two (2) days before commencement of construction. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 7

72 Contract No ITB No. 11-B-132JD 2. Operators of small construction activity, where commencement of construction occurred prior to the effective date of this permit, seeking coverage under this permit to authorize stormwater discharge associated with construction activity after the effective date of this permit shall file an NOI for coverage within 31 days of the effective date of this permit. 3. Permittees that previously obtained coverage under the State of Florida Generic Permit for Construction Activities That Disturb Five or More Acres of Land, issued and effective October 22, 2000, for large construction activity shall remain covered under that generic permit until permit coverage is terminated, revoked, or the permittee s five year term of coverage expires. Permittees covered under the October 2000 generic permit indicated above that will have stormwater discharge associated with construction activity beyond their initial five year term of coverage under the October 2000 generic permit shall submit an NOI for coverage under this generic permit at least two (2) days before expiration of coverage under the October 2000 generic permit. 4. For construction activities where the operator changes, the new operator shall file an NOI for coverage under this permit at least two (2) days before assuming control of the project and the previous operator shall file an NOT to terminate permit coverage in accordance with Part VIII of this permit. B. Contents of Notice of Intent. 1. In order to obtain coverage under this permit, an operator of the stormwater discharge associated with construction activity shall submit a completed Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activites, DEP Form (4)(b), effective May 1, 2003, including the applicable permit processing fee as specified in Rule (4)(d), F.A.C. By completing, signing, and submitting an NOI, the operator is certifying that they meet all eligibility requirements of this permit and are informing the Department of their intent to be covered by, and comply with, the terms and conditions of this generic permit. The Notice of Intent shall be signed in accordance with Part VII.C. of this permit by the operator. C. Where to Submit. 1. NOIs are to be submitted to the following address: NPDES Stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida Docs\Part 9 - Exhibit B, Special Conditions.docx SC 8

73 Contract No ITB No. 11-B-132JD 2. A copy of the NOI or letter from DEP confirming coverage under this generic permit shall be posted at the construction site in a prominent place for public viewing (such as alongside a building permit). D. Additional Notification. 1. Projects that discharge stormwater associated with construction activity to a municipal separate stormwater system (MS4) shall submit a copy of the NOI to the operator of the MS4. E. Period of Coverage 1. Coverage under this generic permit is effective two (2) days after the date of submittal of a complete NOI to the Department. 2. Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. F. Permit Coverage Renewal 1. If the project will continue to have stormwater discharge associated with construction activity beyond the initial five year term of coverage, the operator shall submit a new NOI at least two (2) days before expiration of the current term of coverage under this permit. Part IV. Special Conditions, Management Practices, and Other Non-numeric Limitations A. Prohibition on Non-stormwater Discharges. 1. Except as provided in paragraphs I.B.2. and IV.A.3., all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. 2. Except as specified in IV.A.3. below, discharges of material other than stormwater associated with construction activity must be in compliance with a Department permit (other than this permit) issued for the discharge, or be exempt therefrom. 3. The following non-stormwater discharges may be authorized by this permit provided the non-stormwater component of the discharge is in compliance with paragraph V.D.5.: discharges from fire fighting activities; fire hydrant flushings; waters used to spray off loose solids from vehicles (wastewaters from a more thorough cleaning, including the use of detergents or other cleaners is not authorized by this part) or control dust in accordance with Part V.D.2.c.(2); potable water sources including waterline flushings; irrigation drainage; routine external building washdown which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been Docs\Part 9 - Exhibit B, Special Conditions.docx SC 9

74 Contract No ITB No. 11-B-132JD removed) and where detergents are not used; air conditioning condensate; springs; and foundation or footing drains where flows are not contaminated with process materials such as solvents. 4. Discharges resulting from ground water dewatering activities at construction sites are not covered by this permit. Applicants for these discharges must obtain coverage under the Department's Generic Permit for the Discharge of Produced Ground Water from any Non-contaminated Site Activity pursuant to Rule (2), F.A.C. B. Releases in Excess of Reportable Quantities. 1. The discharge of hazardous substances or oil in the stormwater discharge(s) from a facility or activity shall be prevented or minimized in accordance with the applicable stormwater pollution prevention plan for the facility or activity. This permit does not relieve the operator of the reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a release containing a hazardous substance in an amount equal to or in excess of a reporting quantity established under either 40 CFR 117 or 40 CFR 302, occurs during a 24 hour period: a. The operator is required to notify the State Warning Point ( or ) as soon as he or she has knowledge of the discharge; b. The operator shall submit within 14 calendar days of knowledge of the release a written description of: the release (including the type and estimate of the amount of material released), the date that such release occurred, the circumstances leading to the release, and remedial steps to be taken, to the Florida Department of Environmental Protection, NPDES Stormwater Section, Mail Station 2500, 2600 Blair Stone Road, Tallahassee, Florida ; and c. The stormwater pollution prevention plan required under Part V of this permit must be modified within 14 calendar days of knowledge of the release to: provide a description of the release, the circumstances leading to the release, and the date of the release. In addition, the plan must be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the plan must be modified where appropriate. 2. This permit does not authorize the discharge of hazardous substances or oil resulting from an on-site spill. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 10

75 Contract No ITB No. 11-B-132JD Part V. Stormwater Pollution Prevention Plan A. A stormwater pollution prevention plan shall be developed and implemented for each construction site covered by this permit. Stormwater pollution prevention plans shall be prepared in accordance with good engineering practices. Equivalent erosion and sediment control plans prepared as a permit requirement under Part IV, Chapter 373, F.S., or Chapter 62-25, F.A.C., may serve as the pollution prevention plan provided all of the elements of this section are included in such an alternative plan. The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharge associated with construction activity. In addition, the plan shall describe and ensure the implementation of best management practices which will be used to reduce the pollutants in stormwater discharge associated with construction activity and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the stormwater pollution prevention plan required under this part as a condition of this permit. Failure to develop and implement a stormwater pollution prevention plan in accordance with the requirements of this part shall be deemed a violation of this permit and may result in enforcement action. B. Deadlines for Plan Preparation and Compliance. 1. The pollution prevention plan shall: C. Keeping Plans Current. a. Be completed (including certification by the operator in accordance with Part VII.C.) prior to the submittal of an NOI to be covered under this permit and updated as appropriate; b. The plan shall provide for compliance with the terms and schedule of the plan beginning with the initiation of construction activities. 1. The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the State or an MS4, including the addition of or change in location of stormwater discharge points, and which has not otherwise been addressed in the plan. The permittee also shall amend the plan if it proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Part V.D.1. of this permit, or in otherwise achieving the general objectives of controlling pollutants in stormwater discharge associated with construction activity. In addition, the plan shall be amended to identify any new contractor and/or subcontractor that will implement a measure of the stormwater pollution prevention plan (see Part V.D.6.). Amendments to the plan shall be prepared, signed, dated, and kept as attachments to the original plan. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 11

76 Contract No ITB No. 11-B-132JD D. Contents of Plan. 1. Site Description. Each plan shall provide a description of pollutant sources and other information as indicated: a. A description of the nature of the construction activity; b. A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g. grubbing, excavation, grading); c. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other construction activities; d. Existing data describing the soil or the quality of any discharge from the site and an estimate of the size of the drainage area for each discharge point; e. A site map indicating drainage patterns and approximate slopes anticipated after major grading activities, areas of soil disturbance, an outline of areas which may not be disturbed, the location of major structural and nonstructural controls identified in the plan, the location of areas where stabilization practices are expected to occur, surface waters, wetlands, and locations where stormwater is discharged to a surface water or MS4; and, f. The latitude and longitude of each discharge point and the name of the receiving water(s) for each discharge point. 2. Controls. Each plan shall include a description of appropriate controls, BMPs, and measures that will be implemented at the construction site. The plan shall clearly describe for each major activity identified in Part V.D.1.b. appropriate control measures and the timing during the construction process that the measures will be implemented. For example, perimeter controls for one portion of the site will be installed after the clearing and grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site. Perimeter controls shall be actively maintained until final stabilization of those portions of the site upward of the perimeter control. Temporary perimeter controls shall be removed after final stabilization. All controls shall be consistent with the performance standards for erosion and sediment control and stormwater treatment as set forth in Rule , F.A.C., the applicable stormwater or environmental resource permitting requirements of the DEP or appropriate WMD, and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (DEP, 1988) and any subsequent amendments. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 12

77 Contract No ITB No. 11-B-132JD a. Erosion and Sediment Controls. (1) Stabilization Practices. Each plan shall provide a description of interim and permanent stabilization practices, including site-specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. A record of the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site and when stabilization measures are initiated shall be included in the plan. Stabilization measures shall be initiated as soon as practicable, but in no case more than 7 days, in portions of the site where construction activities have temporarily or permanently ceased. (2) Structural Practices. Each plan shall include a description of structural practices, to divert flows from exposed soils, store flows, retain sediment on-site, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Such practices may include silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, coagulating agents and temporary or permanent sediment basins. Structural BMPs shall be placed on upland soils unless a State of Florida wetland resource management permit or environmental resource permit issued pursuant to Chapter 373, F.S., and applicable regulations of the DEP or WMD authorize otherwise. (3) Sediment Basins. (a) For drainage basins with 10 or more disturbed acres at one time, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site. The 3,600 cubic feet of storage area per acre drained does not apply to flows from offsite areas and flows from onsite areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. For drainage basins with 10 or more disturbed acres at one time and where a temporary Docs\Part 9 - Exhibit B, Special Conditions.docx SC 13

78 Contract No ITB No. 11-B-132JD sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent controls is not attainable, a combination of smaller sediment basins and/or sediment traps and other BMPs should be used. At a minimum, silt fences, or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. (b) (c) For drainage basins of less than 10 acres, sediment basins and/or sediment traps are recommended but not required. At a minimum, silt fences or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. Areas that will be used for permanent stormwater infiltration treatment (e.g., stormwater retention ponds) should not be used for temporary sediment basins unless appropriate measures are taken to assure removal of accumulated fine sediments, which may cause premature clogging and loss of infiltration capacity, and to avoid excessive compaction of soils by construction machinery or equipment. b. Permanent Stormwater Management Controls. Each plan shall include a description of stormwater management controls or BMPs (e.g., stormwater detention or retention systems, vegetated swales, velocity dissipation devices at discharge points) that will be installed during the construction process to control pollutants in stormwater discharges that will occur during construction and after construction operations have been completed. This generic permit only addresses the installation of stormwater management controls and not the ultimate operation and maintenance of such controls after the construction activities have been completed and the site has undergone final stabilization. Under this generic permit, permittees are only responsible for the installation and maintenance of stormwater management BMPs prior to final stabilization of the site, and are not responsible for maintenance after stormwater discharges associated with construction activity have been eliminated from the site. However, all stormwater management systems and BMPs shall be operated and maintained in perpetuity after final stabilization in accordance with requirements set forth in the State of Florida stormwater or environmental resource permit issued under Chapter 62-25, F.A.C., or Part IV, Chapter 373, F.S. c. Controls for Other Potential Pollutants. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 14

79 Contract No ITB No. 11-B-132JD (1) Waste Disposal. The plan shall assure that waste, such as discarded building materials, chemicals, litter, and sanitary waste are properly controlled in accordance with all applicable state, local, and federal regulations. This permit does not authorize the discharge of solid materials, including building materials, to surface waters of the State or an MS4. (2) The plan shall assure that off-site vehicle tracking of sediments and the generation of dust is minimized. (3) The plan shall be consistent with applicable State and local waste disposal, sanitary sewer or septic system regulations. (4) The plan shall address the proper application rates and methods for the use of fertilizers, herbicides and pesticides at the construction site and set forth how these procedures will be implemented and enforced. Nutrients shall be applied only at rates necessary to establish and maintain vegetation. (5) The plan shall ensure that the application, generation, and migration of toxic substances is limited and that toxic materials are properly stored and disposed. 3. Maintenance. The plan shall include a description of procedures that will be followed to ensure the timely maintenance of vegetation, erosion and sediment controls, stormwater management practices, and other protective measures and BMPs so they will remain in good and effective operating condition. 4. Inspections. A qualified inspector (provided by the operator) shall inspect all points of discharge into surface waters of the State or an MS4; disturbed areas of the construction site that have not been finally stabilized; areas used for storage of materials that are exposed to precipitation; structural controls; and, locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of a storm that is 0.50 inches or greater as follows: a. disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the stormwater system. The stormwater management system and erosion and sediment control measures identified in the plan shall be observed to ensure that they are operating correctly. Discharge locations or points shall be inspected to ascertain whether erosion and sediment control and stormwater treatment measures are effective in preventing or minimizing the discharge of pollutants, including retaining sediment onsite pursuant to Rule , F.A.C. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 15

80 Contract No ITB No. 11-B-132JD b. based on the results of the inspection, all maintenance operations needed to assure proper operation of all controls, BMPs, practices, or measures identified in the stormwater pollution prevention plan shall be done in a timely manner, but in no case later than 7 calendar days following the inspection. If needed, pollution prevention controls, BMPs, and measures identified in the plan shall be revised as appropriate, but in no case later than 7 calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the plan within 7 calendar days following the inspection. c. A report summarizing the scope of the inspection; name(s) and qualifications of personnel making the inspection; the date(s) of the inspection; rainfall data; major observations relating to the implementation of the stormwater pollution prevention plan; and actions taken in accordance with paragraph V.D.4.b. of this permit, shall be made and retained, in accordance with Part VI of this permit, as part of the stormwater pollution prevention plan. Such reports shall identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance, the report shall contain a certification that the facility is in compliance with the stormwater pollution prevention plan and this permit. The report shall be signed in accordance with Part VII.C of this permit. 5. Non-Stormwater Discharges. Except for flows from fire fighting activities, sources of non-stormwater listed in Part IV.A.3 of this permit that are combined with stormwater discharges associated with construction activity must be identified in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention and treatment measures for the nonstormwater component(s) of the discharge. 6. Contractor/Subcontractor Certification. a. The stormwater pollution prevention plan must clearly identify, for each measure identified in the plan, the contractor(s) and/or subcontractor(s) that will implement the measure. All contractors and subcontractors identified in the plan must sign a copy of the certification statement in Part V.D.6.b. of this permit. All certifications must be included in the stormwater pollution prevention plan. b. Certification Statement for Contractors/Subcontractors. All contractors and subcontractors identified in a stormwater pollution prevention plan in accordance with Part V.D.6.a. of this permit shall sign a copy of the following certification statement before conducting any activities at the site: "I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge from Large and Docs\Part 9 - Exhibit B, Special Conditions.docx SC 16

81 Contract No ITB No. 11-B-132JD Small Construction Activities and this Stormwater Pollution Prevention Plan prepared thereunder. The certification must include the name and title of the person providing the signature in accordance with Part VII.C of this permit; the name, address and telephone number of the contracting firm; and the date the certification is made. Part VI. Retention of Records A. The permittee shall retain copies of stormwater pollution prevention plans and all reports required by this permit, and records of all data used to complete the Notice of Intent to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. B. The permittee shall retain a copy of the stormwater pollution prevention plan and all reports, records and documentation required by this permit at the construction site, or an appropriate alternative location as specified in the NOI, from the date of project initiation to the date of final stabilization. Part VII. Standard Permit Conditions A. Any permit noncompliance constitutes a violation of Section , F. S. and is grounds for enforcement action; for permit coverage termination, or revocation; or for denial of permit coverage renewal. B. All of the general conditions listed in Rule , F.A.C., are adopted herein by reference. C. Signatory Requirements. 1. All Notices of Intent, Notices of Termination, stormwater pollution prevention plans, reports, certifications or information either submitted to the Department or the operator of a municipal separate storm sewer system, or that this permit requires be maintained by the permittee, shall be signed as set forth in Rule , F.A.C. 2. Inspection reports prepared pursuant to Part V.D.4.c. of this permit shall be signed by the qualified inspector that prepared them as well as by a responsible authority for the operator as specified in Part VII.C.1. above. 3. Any person signing documents under this permit, except contractor/subcontractor certifications under Part V.D.6., shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly Docs\Part 9 - Exhibit B, Special Conditions.docx SC 17

82 Contract No ITB No. 11-B-132JD responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Part VIII. Termination of Coverage A. Notice of Termination. 1. Where a site has been finally stabilized (see Part II for the definition of final stabilization) and all stormwater discharges authorized by this permit are eliminated, the permittee shall submit a completed Notice of Termination (DEP Form (6)), signed in accordance with Part VII.C. of this permit, within 14 days of final stabilization of the site to terminate coverage under this permit. 2. Elimination of stormwater discharges associated with construction activity means that all disturbed soils at the site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, or that all stormwater discharges associated with construction activity from the site that are authorized by this generic permit have otherwise been eliminated. 3. For construction activities where the operator changes, the existing operator shall file an NOT in accordance with this Part within 14 days of relinquishing control of the project to a new operator. B. Where to Submit. 1. A permittee shall submit a Notice of Termination to the following address: NPDES Stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida Projects that discharged stormwater associated with construction activity to a municipal separate storm sewer system (MS4) shall submit a copy of the NOT to the operator of the MS4. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 18

83 Contract No ITB No. 11-B-132JD STORMWATER POLLUTION PREVENTION PLAN TEMPLATE The following template may be used as a general guide for development of a Stormwater Pollution Prevention Plan (SWPPP) associated with construction activities. This template may not contain all applicable requirements for all construction sites. Please refer to the Department of Environmental Protection s Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Document (4)(a), to verify that you are meeting all permit requirements. Part V of the above referenced generic permit specifically lists requirements of the Stormwater Pollution Prevention Plan. The SWPPP shall be completed prior to the submittal of the Notice of Intent (NOI) to be covered under the Department of Environmental Protection s Generic Permit for Stormwater Discharge from Large and Small Construction Activities. The SWPPP shall be amended: whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to surface waters of the state or a Municipal Separate Storm Sewer System (MS4); if it proves to be ineffective in significantly reducing pollutants from sources identified in Part V.D.1. of the permit; and to indicate any new contractor and/or subcontractor that will implement any measure of the SWPPP. All amendments shall be signed, dated, and kept as attachments to the original SWPPP. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 19

84 Contract No ITB No. 11-B-132JD STORMWATER POLLUTION PLAN I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name (Operator and/or Responsible Authority) Date Project Name and location information: A site map must be developed and must contain, at a minimum, the following information: 1. Drainage patterns, 2. Approximate slopes after major grading activities, 3. Areas of soil disturbance, 4. Outline all areas that are not to be disturbed, 5. Location of all major structural and non-structural controls, 6. The location of expected stabilization practices, 7. Wetlands and surface waters, and 8. Locations where stormwater may discharge to a surface water or MS4. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 20

85 Contract No ITB No. 11-B-132JD Site Description 1. Describe the nature of the construction activity: 2. Describe the intended sequence of major soil disturbing activities: 3. Total area of the site:..... Acres 4. Total area of the site to be disturbed.... Acres 5. Existing data describing the soil or quality of any stormwater discharge from the site: 6. Estimate the drainage area size for each discharge point: 7. Latitude and longitude of each discharge point and identify the receiving water or MS4 for each discharge point: Docs\Part 9 - Exhibit B, Special Conditions.docx SC 21

86 Contract No ITB No. 11-B-132JD 8. Give a detailed description of all controls, Best Management Practices (BMPs) and measures that will be implemented at the construction site for each activity identified in the intended sequence of major soil disturbing activities section. Provide time frames in which the controls will be implemented. NOTE: All controls shall be consistent with performance standards for erosion and sediment control and stormwater treatment set forth in s , F.A.C., the applicable Stormwater or Environmental Resource Permitting requirements of the Department or a Water Management District, and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (DEP, 1988) and any subsequent amendments. 9. Describe all temporary and permanent stabilization practices. Stabilization practices include temporary seeding, mulching, permanent seeding, geo-textiles, sod stabilization, vegetative buffer strips, protection of trees, vegetative preservations, etc. 10. Describe all structural controls to be implemented to divert stormwater flow from exposed soils and structural practices to store flows, retain sediment on-site or in any other way limit stormwater runoff. These controls include silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, reinforced soil retaining systems, gabions, coagulating agents and temporary or permanent sediment basins. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 22

87 Contract No ITB No. 11-B-132JD 11. Describe all sediment basins to be implemented for areas that will disturb 10 or more acres at one time. The sediment basins (or an equivalent alternative) should be able to provide 3,600 cubic feet of storage for each acre drained. Temporary sediment basins (or an equivalent alternative) are recommended for drainage areas under 10 acres. 12. Describe all permanent stormwater management controls such as, but not limited to, detention or retention systems or vegetated swales that will be installed during the construction process. 13. Describe in detail controls for the following potential pollutants: Waste disposal (this may include construction debris, chemicals, litter, and sanitary wastes): Offsite vehicles tracking from construction entrances/exits: The proper application rates of all fertilizers, herbicides and pesticides used at the construction site: The storage, application, generation and migration of all toxic substances: Other: Docs\Part 9 - Exhibit B, Special Conditions.docx SC 23

88 Contract No ITB No. 11-B-132JD 14. Provide a detailed description of the maintenance plan for all structural and nonstructural controls to assure that they remain in good and effective operating condition. 15. Inspections: Describe the inspection and inspection documentation procedures, as required by Part V., D, 4. of the permit. Inspections must occur at least once a week and within 24 hours of the end of a storm event that is 0.50 inches or greater (see attached form) 16. Identify and describe all sources of non-stormwater discharges as allowed in Part IV., A, 3. of the permit. Flows from fire fighting activities do not have to be listed or described. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 24

89 Contract No ITB No. 11-B-132JD This SWPPP must clearly identify, for each measure identified within the SWPPP, the contractor(s) or subcontractor(s) that will implement each measure. All contractor(s) and subcontracts(s) identified in the SWPPP must sign the following certification: I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge form Large and Small Construction Activities and this Stormwater Pollution Prevention Plan prepared thereunder. Name & Title Company Name, Address, & Phone Number Date Docs\Part 9 - Exhibit B, Special Conditions.docx SC 25

90 Contract No ITB No. 11-B-132JD Stormwater Pollution Prevention Plan Inspection Report Form Inspections must occur at least once a week and within 24 hours of the end of a storm event that is 0.50 inches or greater. Project Name: FDEP NPDES Stormwater Identification Number: FLR 10 Location Rain Data Type of control (see below) Date installed/ Modified Current Condition (see below) Corrective Action/ Other remarks Condition Code: G=Good M=Marginal, needs maintenance or replacement soon P=Poor, needs immediate maintenance or replacement C=Needs to be cleaned O=other Control Type Codes 1. Silt fence 10. Storm drain inlet protection 19. Reinforced soil retaining system 28. Tree protection 2. Earth dikes 11. Vegetative buffer strip 20. Gabion 29. Detention pond 3. Structural diversion 12. Vegetative preservation area 21. Sediment basin 30. Retention pond 4. Swale 13. Retention pond 22. Temporary seed/sod 31. Waste disposal/housekeeping 5. Sediment trap 14. Construction entrance stabilization 23. Permanent seed/sod 32. Dam 6. Check dam 15. Perimeter ditch 24. Mulch 33. Sand bag 7. Subsurface drain 16. Curb and gutter 25. Hay bales 34. Other 8. Pipe slope drain 17. Paved road surface 26. Geo-textile 9. Level spreaders 18. Rock outlet protection 27. Rip-rap Inspector Information: Name Qualification Date The above signature also shall certify that this facility is in compliance with the Stormwater Pollution Prevention Plan and the State of Florida generic Permit for Stormwater Discharge from Large and Small Construction Activities if there are not any incidents of non-compliance identified above. I certify under penalty of law that this document and all attachments wee prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name (Responsible Authority) Date Docs\Part 9 - Exhibit B, Special Conditions.docx SC 26

91 Contract No Exhibit B ITB No. 11-B-132JD NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE (4), F.A.C.) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule (4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document (4)(a)]. The appropriate generic permit fee, as specified in Rule (4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will not be granted without submittal of the appropriate generic permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below. I. IDENTIFICATION NUMBER: Project ID II. APPLICANT INFORMATION: A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Operator Status: G. Responsible Authority: H. Phone No.: III. PROJECT/SITE LOCATION INFORMATION: A. Project Name: B. Project Address/Location: C. City: D. State: E. Zip Code: G. Latitude: F. County: Longitude: H. Is the site located on Indian lands? I. Water Management District: Yes No J. Project Contact: K. Phone No.: Docs\Part 9 - Exhibit B, Special Conditions.docx SC 27

92 Contract No ITB No. 11-B-132JD IV. PROJECT/SITE ACTIVITY INFORMATION: A. Indicate whether large or small construction (check only one): Large Construction (Project will disturb five or more acres of land.) Small Construction (Project will disturb one or more acres but less than five acres of land.) B. Approximate total area of land disturbance from commencement through completion of construction: Acres Address in Part II above Address in Part III above Other address C. SWPPP Location (specify below) D. SWPPP Address: E. City: F. State: G. Zip Code: H. Construction Period Start Date: Completion Date: V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): B. Receiving Water Name: VI. CERTIFICATION 1 : I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name and Official Title (Type or Print): Signature: Date Signed: 1 Signatory requirements are contained in Rule , F.A.C. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 28

93 Contract No ITB No. 11-B-132JD INSTRUCTIONS DEP FORM (4)(b) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR (b)(14)(x) or small construction activities as defined at 40 CFR (b)(15), to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida s authority to administer the NPDES stormwater program at , F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter , F.A.C., or an individual permit issued pursuant to Chapter , F.A.C. Where to File NOI: NOIs for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule (4)(d), F.A.C. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: Florida Department of Environmental Protection Part I Identification Number Enter the project s DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part II Applicant Information Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity described in this NOI. The operator is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. E.: Provide the complete mailing address of the operator, including city, state, and zip code. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 29

94 Contract No ITB No. 11-B-132JD Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); O = Other Items G. H.: Provide the name and telephone number (including area code) of the person authorized to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part VI. Part III Project/Site Location Information Items A. E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, of the approximate center of the project. Item H.: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD = Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD = St. John s River Water Management District Items J. K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this NOI, and who can be contacted by the Department if necessary. Part IV Project/Site Activity Information: Item A.: Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one box only. Large Construction Activity means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. Small Construction Activity means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction Docs\Part 9 - Exhibit B, Special Conditions.docx SC 30

95 Contract No ITB No. 11-B-132JD activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to filing this NOI. Item H.: Enter the estimated construction start and completion dates in the MM/DD/YY format. Part V Discharge Information Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface waters of the State, leave this item blank or indicate N/A and skip to Item B of this part. Please note that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy of the completed NOI. Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate s Hell Swamp, etc.). Part VI Certification Type or print the name and official title of the person signing the certification. Please note that this should be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the certification. Section , F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule , F.A.C., requires that the NOI and any reports required by the permit to be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule , F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. Docs\Part 9 - Exhibit B, Special Conditions.docx SC 31

96 Contract No ITB No. 11-B-132JD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER NOTICE OF TERMINATION (RULE (6), F.A.C.) This form is to be completed and submitted to the Department to terminate coverage under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule (4), F.A.C., and the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule (5), F.A.C., as well as the conditional exclusion for no exposure of industrial activities and materials to stormwater provided in Rule (2)(o), F.A.C. All information provided on this form shall be typed or printed in ink. I. TERMINATION INFORMATION: A. Facility/Project Number: B. Reason for Termination: No longer operator of the facility/project. Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased (for construction activity only). All stormwater discharges associated with industrial activity have ceased (for industrial activity only). No longer meet the condition of no exposure (for industrial activity only). II. OPERATOR INFORMATION: A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Responsible Authority: G. Responsible Authority s Phone No.: H. Responsible Authority s Address: I. Responsible Authority s Fax No.: III. FACILITY/PROJECT INFORMATION: A. Name: B. Address/Location: C. City: D. State: E. Zip Code: F. County: Docs\Part 9 - Exhibit B, Special Conditions.docx SC 32